View Full Version : The perversion of justice is getting worse and worse

David Guyatt
04-09-2013, 12:54 PM
Two stories follow that go towards highlighting all that is wrong with the legal system.

Maybe it's because there are too many perverts running the system these days?

Damages for rapist unlawfully held in prison (http://www.bbc.co.uk/news/uk-22080548)The government has been ordered to pay damages to a convicted rapist after he was held in prison unlawfully when deportation proceedings stalled.

The European Court of Human Rights ruled that the UK government breached Mustafa Abdi's right to liberty.

This was while Mr Abdi was detained for almost two-and-a-half years pending his removal to Somalia.

Seven judges ruled unanimously that the government should pay Mr Abdi £1,278 in damages plus £5,962 costs and expenses.

Mr Abdi was jailed in 1998 for eight years for offences of rape and indecency with a child.

He has spent most of the past 15 years in custody and is still in immigration detention.

The court ruled there had been a violation of Article 5 (right to liberty and security) of the European Convention on Human Rights.

The judges said Mr Abdi's detention pending deportation between September 2003 and April 2007 was not lawful under the domestic law of the UK.

They said this was because the regular reviews required by the Secretary of State's published policy on the detention of foreign national prisoners were not carried out.

But they rejected Mr Abdi's complaint that his removal to Somalia would put him at risk of ill-treatment.

In a separate case, the European Court of Human Rights ruled that a former UN driver and a US forces interpreter could be removed from the UK to Afghanistan.

The court held by six votes to one that there would be no violation of Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights if the two failed asylum seekers - referred to as Mr H and Mr B - were removed to Afghanistan.

The Afghan nationals claimed they would be at risk of ill-treatment from the Taliban in reprisal for their past work were they to be removed to their country of origin.

The court found they would not be in danger as a result of the general situation in the country.

Poor Mr. Abdi was concerned that hsi removal from the UK would put him at risk of ill treatment.

Rape of a child, obviously, is good treatment in his eyes then?

Don't do as I do, do as I say, would be his motto I suppose...

Why do the police deal with rape cases so badly? (http://www.guardian.co.uk/commentisfree/2013/mar/04/police-behaviour-sex-attacks-women-change)
Lisa Longstaff
guardian.co.uk, Monday 4 March 2013 09.00 GMT
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‘Officers committed to doing their job and seeing victims get justice clearly have less influence over priorities.' Photograph: Gareth Fuller/PA
Allegations of sexual violence and cover-up are threatening every institution. Can rape be dealt with when so many in authority are themselves guilty? Of course it can. But first the police, charged with enforcing the law, must change.

The Independent Police Complaints Commission (IPCC) has investigated London's Sapphire rape units nine times in seven years – that's 19 officers disciplined, three dismissed, one imprisoned for fraudulently closing rape cases and another under investigation.

The latest IPCC report reveals the Southwark police policy to press women to withdraw or retract rape allegations. "This local standard operating procedure, authorised by senior officers, increased the number of incidents that were classified as 'no crime' and therefore increased the sanction detection rates for the unit" (by 25%-30%).

This was also policy in five other London boroughs. Fiddling the figures is fraud, and enabling rapists to go free amounts to criminal conspiracy. How many of the victims denied protection were raped again or worse? We already know that one alleged attacker killed his children. Were other women raped by these men? Did any victims denied justice take their own lives?

Further, victims who retract allegations can face prosecution. Layla Ibrahim and Gail Sherwood were both prosecuted in 2010 (as were at least 30 others). Both said they were pressed to retract under threat of prosecution. One did, the other refused. Both were imprisoned.

We have been campaigning against the prosecution of women who report rape. In 2011, 27 organisations signed our letter to the director of public prosecutions. He responded with guidance: the CPS should not prosecute women with mental illness, girls under 18 or victims of domestic violence. But he refused to acknowledge that negligent and biased investigations can result in jail for rape victims rather than rapists.

We are working with three women facing criminal charges. Several others were prosecuted for harassment after their rapists made counter allegations and were believed. Sex workers who reported violence were also prosecuted.

Last year, in a landmark human rights case, the daughter of a Women Against Rape volunteer won compensation from the police, following seven years of campaigning, after Southwark Sapphire lost evidence of the rape. The rapist was acquitted; we later learned he had been accused of another rape. A damning IPCC report found that Sapphire detectives were told to prioritise motor crime over rape. Four junior officers were disciplined. But the commander who set the policy went on to the National Centre for Policing Excellence – setting standards.

The IPCC now reveals that two senior officers involved in the case of serial sex offender Kirk Reid (who is thought to have assaulted between 80 and 100 women) were promoted, rather than disciplined. One later retired on full pension.

In 2009 and 2012 we met the heads of Sapphire. We demanded they stop promoting bad officers, and opposed their proposal to prosecute rapists for offences other than rape. We later wrote to DCI Duthie: "…resources will be diverted into gathering 'intelligence' for less serious crimes, avoiding a thorough investigation of the sexual violence allegations … Is it to do with officers having their own agenda rather than paying attention to what the victim reports?" We warned that "police priorities would again be skewed, the myth that rape is difficult to prosecute reinforced, and thus that there is no point investing too much into investigating it".

We pointed to the separation of rape from domestic violence as a major obstacle, since more than half the rapes reported in London are by partners or ex-partners. Different units deal with each crime, so the full picture is hidden – cases are dropped or prosecutions fail.

Why do the police deal with rape so badly? Some are rapists themselves – a 2012 IPCC report, produced with the co-operation of the Association of Chief Police Officers (Acpo), looked at 54 accusations of sexual assault against officers. Some are sexist – a 2005 Home Office study revealed that many officers believed women are liars. Some are lazy or incompetent. Those officers who are committed to doing their job and seeing victims get justice clearly have less influence over priorities.

Like many in positions of power, the police seem to resent accountability. They have responded to anti-rape campaigning by improving their PR rather than their performance, and befriending the voluntary sector.

The IPCC helps them. Created to police the police, it shamelessly endorses the police claim that the problem is "historic" rather than current. In December 2012 the IPCC invited Eaves, Rape Crisis, NIA Ending Violence, Victim Support and the Havens to meet. The IPCC says all agreed that Sapphire, though patchy, has improved; all that is needed, it seems, is for frontline police to be trained in "informed consent" and "cultural issues". Each one of these organisations (statutory or voluntary) is funded by the Home Office, the Ministry of Justice or the police. Those of us who are independent of police and government were not invited.

If senior officers were prosecuted when they pervert the course of justice, sexual violence investigations would improve. So would the behaviour of men, beginning with those in authority.

Like the Press Complaints Commission, the IPCC is well past it's shelf life and needs to be replaced by an independent organisation.

Dawn Meredith
04-09-2013, 05:24 PM
Where Erick and I practice child rapist almost always gets a life sentence. And there a lot of cases, sadly, as they never want to admit to it.
We just tried one in Jan and have another coming up.
The justice system is broken in many ways but at least here ADAs take victims- children and adults- seriously in these matters.

I hear horror stories about other states re light sentences. Then they get out and do it again, usually killing the victim next time so s/he can't tell.

And yes I have already asked that my name be removed from this kind of appointment.