MI5 and GCHQ documents allow spying on lawyers
Top secret documents, released in a legal case,
show the security services have permitted their
operatives to intercept communications between lawyers and their clients
Guidelines indicate the security services have
been targeting communications between lawyers and
their clients for years Photo: PA
http://www.911forum.org.uk/board/viewtopic.php?p=168645#168645
By David Barrett, Home Affairs Correspondent
3:30PM GMT 06 Nov 2014
http://www.telegraph.co.uk/news/uknews/law-and-order/11213755/MI5-and-GCHQ-documents-allow-spying-on-lawyers.html
Top secret guidelines setting out how the
security services have been instructed to spy on
communications between lawyers and the clients
have been published for the first time.
Extracts of documents from MI5, MI6 and GCHQ
were released as part of a legal action brought
by lawyers from the campaigning charity Reprieve on behalf of two Libyan men.
The papers, disclosed in a tribunal case, are
controversial because communications between
lawyers and their clients are covered by “legal
professional privilege”, or LPP, meaning that law
enforcement agencies are supposed to respect their privacy.
But the guidelines indicate the security
services have been targeting such communications
– by interception methods thought to include
telephone taps and e-mail surveillance – since at last October 2002.
One of the extracts, from GCHQ internal
documents, says: “You may in principle target the communications of lawyers.
“However, you must give careful consideration
to necessity and proportionality, because
lawyer-client communications are subject to
special protection in UK law on grounds of
confidentiality known as legal professional privilege.
“If you intend to or have inadvertently
targeted lawyers' communications, and it seems
likely that advice to a client will or has been
intercepted, you must consult Legal at GCHQ who
will seek [legal adviser] advice.”
The Security Service, also known as MI5, tells
its intelligence officers that "in principle, and
subject to the normal requirements of necessity
and proportionality, LPP material may be used
just like any other item of intelligence".
Another extract from an MI5 document highlights
the difficulties posed by spying on lawyers who
are preparing a defendant’s case against criminal charges.
“If an individual who is investigated by the
service is the subject of criminal proceedings,
and in the course of investigation the service
intercepts a forensic report prepared for the
purpose of those proceedings then it might be
justifiable to put information from that report
into the Service’s database for future use in intelligence investigations.
“However, this information would not be passed
onto the police, in case they use it to gather
further evidence or direct their own forensic
experts in such a way as to refute the defence expert.
“In other words the service mustn’t use LPP
material in a way that gives the appearance of
enabling the State to gain an unfair advantage in
current or future court proceedings.”
Campaigners and lawyers involved with the
Investigatory Powers Tribunal case said the
disclosures raised "troubling implications for
the whole British justice system".
Cori Crider, a director at Reprieve, said:
“It’s now clear the intelligence agencies have
been eavesdropping on lawyer-client conversations for years.
“The documents clearly show that MI5’s and
GCHQ’s policies on snooping on lawyers have major loopholes.
“And MI6’s ‘policies’ are so hopeless they
appear to have been jotted down on the back of a beer mat.
“This raises troubling implications for the
whole British justice system. In how many cases
has the Government eavesdropped to give itself an unfair advantage in court?”
Richard Stein, a partner at Leigh Day
solicitors, said: “After many months’ resistance,
the security services have now been forced to
disclose the policies which they claim are in
place to protect the confidential communications
between lawyers and their clients.
“We can see why they were so reluctant to disclose them.
“They highlight how the security services
instruct their staff to flout these important principles in a cavalier way.
“We hope the tribunal will tell the government
in no uncertain terms that this conduct is completely unacceptable.”
Disclosure of the material was resisted on
national security grounds by the Government until
a tribubal hearing last week.
The papers were released following a claim
brought on behalf of Abdel Hakim Belhaj and Sami
al-Saadi who, along with members of their
families, were kidnapped and sent to face punishment in Libya in 2004.
The families brought the case after disclosures
on mass surveillance by Edward Snowden, the former CIA contractor.
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Please consider seriously the reason why these elite institutions are not discussed in the mainstream press despite the immense financial and political power they wield?
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