
The Sunday Herald carries a full page advertisement today headed up ‘Defend the Right to Free Speech : Defend Civil Liberties‘ and it takes the form of an ‘open letter in support of Aamer Anwar‘ together with several dozen names of signatories of the letter and quotes from some of them. Although it is an advertisement, the Herald nails its own colours to the mast by simultaneously carrying an arslikhan piece focussing on Anwar in its colour supplement.
Let us recap briefly on what all this is about -
Aamer Anwar is a Glasgow solicitor (usually referred to in the press as a ‘human rights lawyer’). He has been involved to some extent with a number of high profile court cases over the last few years, and currently represents Tommy Sheridan in his latest travails.
Towards the end of 2007, Mr Anwar represented a person called Mohammed Atif Siddique who was charged with various offences including (and I paraphrase) (1) possessing various articles in circumstances which gave rise to a reasonable suspicion that his possession was for a purpose connected with the commission, preparation or instigation of an act of terrorism (these articles including various computer-related items including bomb-making instructions, instructions on terrorist tactics and suicide operations): (2) repeatedly committing a breach of the peace by showing to students at Glasgow college images of suicide bombers and images of the murder and beheading of persons by terrorists, and by threatening to become a suicide bomber and carry out acts of terrorism in Glasgow or elsewhere : (3) providing instruction or training in the making or use of firearms and explosives by means of the Internet in that he set up, managed and controlled web sites containing links to documents providing instructions on how to operate various weaponry and to make explosives and (4) distributing or circulating terrorist publications by means of web sites containing links to terrorist publications with the intention that the effect of said distribution and circulation be a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism or the provision of assistance in the commission or preparation of such acts.
After a 19 day trial Siddique was convicted (by a jury at the High Court in Glasgow) of these offences on 17 September 2007. Siddique had been represented in court by Donald Findlay QC, widely regarded as the finest criminal advocate of his generation, perhaps the finest since the war. Thus it cannot be claimed that he had anything other than the best possible representation. If Findlay couldn’t get him off, naebody could.
In due course, Siddique was jailed for eight years for these offences. His conviction is now under appeal.
But the situation which gives rise to today’s Herald advert arises from what happened on 17 September 2007 after the jury’s verdicts were returned.
Almost immediately after the return of the jury’s verdict, and therefore prior even to the sentencing process, Mr Anwar went out to the front of the court to make a statement to the media, where he said -
Today Mohammed Atif Siddique was found guilty of doing what millions of young people do every day, looking for answers on the internet.
This verdict is a tragedy for justice and for freedom of speech and undermines the values that separate us from the terrorist, the very values we should be fighting to protect.
It is farcical that part of the evidence against Atif was that he grew a beard, had documents in Arabic which he could not even read and downloaded material from a legitimate Israeli website run by DR Reuven Paz, ex Mossad.
When detained at Glasgow Airport by Special Branch on the 6th April 2006, his laptop was confiscated and he was released, at liberty for 7 days he made no attempt to escape or to destroy his home computer, hardly the actions of Al Qaeda. He remained at home until 7 am on the 13th April when the Police broke down his front door and he was taken to the Scottish Terrorism Centre in Govan for 2 weeks of questioning.
Young Muslims today live in a climate of fear no different to that experienced by the Irish community in the last century. There are two questions that remain unanswered: Why websites based in the United States full of hatred (such as those of the chief Crown Expert Evan Kohlmann - www.globalterroralert.com) are allowed to operate? and why are young Muslims looking for answers to the horrors of Iraq, Guantanamo and Palestine on radical websites?
Since the Prevention of Terrorism Acts of the 1970s terror laws have done little to ensure that we are safe from terrorist attack, but much to infringe the human rights and civil liberties of those living in the UK. Terrorism can and must be fought without sacrificing our human rights.
Repression and injustice, and the criminalisation of communities make us less safe, not more. They act as a recruiting sergeant to extremism and marginalise those whose engagement is vital to the effective fight against terrorism. The sensational and biased reporting of this case breached the most important principle of justice- that people are innocent until proven guilty.
This is not a way to isolate extremism but only encourage it.
Atif Siddique states that ‘he is not a terrorist and is innocent of the charges, that it is not a crime to be a young Muslim angry at global injustice.’
The prosecution was driven by the State, with no limit to the money & resources used to secure a conviction in this case, carried out in an atmosphere of hostility after the Glasgow Airport attack and ending on the anniversary of 9/11. In the end Atif Siddique did not receive a fair trial and we will be considering an appeal.
Later on that evening, Mr Anwar appeared on BBC2’s Newsnight where he made very similar points.
These remarks came to the attention of the trial judge, Lord Carloway, who was less than pleased, and his reaction is set out in his own note on the matter, which can be read here -
http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/06_11_07_carlowayandanwar.pdf
As a result, Anwar has found himself being reported to and facing a bench of three High Court judges who will consider whether his remarks (and apparent failure to apologise for them when given the express opportunity) constitute a contempt of court.
Now, if I can attempt to cut through some of the verbiage, let me see if I can summarise what the current dispute is about -
Lord Carloway is of the view that some of the remarks made on the steps of the court by Mr Anwar were (a) untrue (eg Siddique was NOT convicted of “doing what millions of young people do every day, looking for answers on the internet“) (b) misleading (c) an unjustified attack on almost every area of the trial process, other than the defence (d) an unwarranted attack on an expert witness, Mr Kohlman, in suggesting in public that he ran a web site full of hatred (e) an attack on the independence of the Advocate Depute who prosecuted the case and (f) an attack on the fairness of the trial and thus presumably an attack on the Court itself.
Lord Carloway was at pains to stress that the court is big enough to suffer these sorts of criticisms when they are made by disappointed litigants. His concern was that it was a novelty for such a scathing attack to be launched by a law agent who owes a duty not only to his client, but to the Court as well, and indeed to his professional colleagues, witnesses and the public.
In essence, as I understand it, Carloway’s complaint is that a person who participates in the trial process as a professional working in the justice system ought not to make comments critical of that system, particularly when the system’s own remedies for rectifying perceived injustice have not even been embarked upon, far less been exhausted. Thus the complaint is not necessarily about what was said, but is confined to the status of the person saying it. Had Anwar been a mere spectator then his remarks would not have been a spur to intervention by the judge.
Which brings me to Anwar’s defence to the allegation of contempt of court - as far as I can understand it, his position is that, as a human rights lawyer articulating and defending the positions of those charged with crime, he is entitled to ‘free speech’.
Really?
This is not the place for me to expound on the highly complex issue of free speech - suffice it to say that, in general terms, I am an avid supporter of the right of free speech, while simultaneously and reluctantly accepting that that ‘right’ cannot be unconditional. I can demonstrate the generality easily enough - if I called Aamer Anwar by a racialist epithet, then he would be offended and probably report me to the police. Dozens of people are prosecuted every day in Scotland for exactly that kind of behaviour. I cannot imagine many proponents of a system of free speech which enables me to utter foul racist abuse with impunity, and I cannot imagine that Aamer Anwar would support such an idea.
Similarly, and merely by way of example, I am not at liberty to discuss my employers affairs or business in public. I cannot expect to be critical of my employer in public with impunity. You may be able to criticise my employer, but if I want to retain my job, I have to be much more circumspect. If I was to say in public that my employer was a corrupt crook who should be in jail, then I am unlikely to succeed at an Industrial Tribunal offering only the ‘defence’ that I’m entitled to free speech.
And so on - it is obvious to most people that ‘freedom of speech’ is very often conditional.

One of the conditions of being a solicitor is that when you lose a case in court, you do not publicly criticise the court. There’s a loser in every case - how undignified and ultimately anarchic if the losing lawyer by-passes the constitutional framework of the appeal process and appeals directly to the readers of the Daily Record via press statements claiming that ‘my client didn’t get a fair trial’. And the beauty of the ‘free speech’ scenario is that what you say doesn’t even have to be true !! You can say precisely what you like, unfettered by truth or decency, because it’s ‘freedom of speech, innit?”
How would it have appeared if the boot had been on the other foot - the jury find the accused not guilty and the prosecutor gives a press release complaining about the idiocy of the jury and the bias of the judge?
It would be absurd.
The ‘open letter’ in today’s Herald is signed by many of the usual suspects, many of whom I have admiration for in other areas - eg Iain Banks, Alex Neil, Paddy Hill, Bashir Maan, Colin Fox, George Galloway, Mohammed Sarwar, Tommy Sheridan and Tony Benn to name but a handful, along with a motley collection of ‘campaigners’ and ‘protestors’ of one sort or another, professional complainers, academic lawyers from various ivory towers, minor politicians on the make and others not involved in criminal law in Scotland.
The name of Donald Findlay is conspicuous by its absence. As are the names of any other ‘campaigning’ lawyers in Scotland, or any prominent members of any of the criminal bars in Scotland, or any members of the Faculty of Advocates. All too scared to speak up, perhaps?
The letter says this - “.…..(Anwar) is part of a rich and important tradition of campaigning lawyers that speak without ‘fear or favour’……….“
Well, all of you signatories of the letter, it’s quiz-time - name one lawyer, who is part of that rich tradition, who has ever, immediately on the conclusion of a long-running high-profile trial, given a press statement saying anything remotely like that his client had not received a fair trial and that the jury’s verdict was a tragedy for justice and for freedom of speech.
Just name one.
I’ll save you the bother of searching, because it’s never happened.
It’s never happened because even the most ‘campaigning’ of lawyers recognise the conditional nature of the freedom of speech allowed to them as officers of the court.
The open letter finishes
“We, the undersigned, believe that the current attack on Aamer Anwar is an attack on the fundamental right of all lawyers to represent their clients“
Before signing something they patently don’t understand, the signatories of the letter should’ve asked themselves precisely how Anwar’s right to represent Siddique has been attacked - as far as I understand it Anwar has represented Siddique throughout and still represents Siddique in his ongoing appeal. So that’s quiz question number 2 - How has his ‘fundamental right’ been attacked?
And finally, the advertisement invites readers to show support by assembling outside the High Court in Edinburgh on the day when Anwar’s case is to be heard. The campaign advertisement is a very effective bit of rabble-rousing, with the emphasis on the word rabble.
I won’t be there.