Thursday, 8 September 2011

Deaths in Police Custody: Stereotyping the victim - article from the Institute of Race Relations

   
Mark Duggan


IRR News examines the recent killing of Mark Duggan by armed Met police officers in the context of similar deaths.

The IRR has monitored blackdeaths in custody since the 1970s as young black men tend to die at the hands of police and prison officers in disproportionate numbers. Our monitoring is also in response to the historic concerns of BME communities, and the African-Caribbean community in particular, who have argued that, ever since the 1960s, they have been subjected to a different kind of policing where disproportionate force and discriminatory criminal procedures are used.

Stereotyping the victim

On examining deaths that have occurred over the years involving members of the African-Caribbean community in particular, it becomes clear that, in the immediate aftermath of death, information is placed in the public domain, citing unnamed police sources, which casts doubt on the character of the deceased, tending to frame him as a violent and dangerous black criminal. This information is released long before any investigation, post-mortem or inquest has been carried out. The victim is said to be a habitual drug user, a drug dealer, someone with a violent past etc, all of which not only pre-judges the victim but also provides vindication for police action such as a stop, a search or use of force or particular restraint techniques. In this way, the media and the police create a particular framework for dealing with incidents involving the police and the African-Caribbean community, one in which extreme force against black criminality is seen as a necessary evil.


By the end of the week following Mark Duggan's death, the campaign about him was in full swing. We were told by unnamed police sources that the police officer involved had 'an honest-held belief that he was in imminent danger of him and his colleagues being shot'. Mark Duggan had already been labelled a 'gangster' or 'suspected gangster' and the Daily Telegraph and the Sun, amongst others, had published stories that he was linked to 'Manchester gangsters'.[13] The Daily Mail went even further claiming that 'Duggan was a "crack dealer" linked to a string of feared gangs'.[14] We were served up the threat of guns, gangsters and drugs, the perfect combination for the Met police to absolve themselves of culpabilty for the death.


 What can Mark Duggan's family expect?

In reality very little is known about the circumstances surrounding Mark Duggan's death. And in all likelihood very little will be made public until the various official procedures following the death have been completed.
There will be an investigation by the Independent Police Complaints Commission (IPCC), which may submit its findings to the Crown Prosecution Service (CPS). The CPS will then decide if the police officers involved should face prosecution. This is highly unlikely, as there has only been one successful prosecution of police officers for their involvement in the death of a black person - and that was in 1971.[15] And then, depending on their findings, the IPCC could also recommend that the officers involved should be disciplined but again this is very unlikely and would not amount to much. And then many years down the line an inquest will probably be held. I say probably here, as Mark Duggan's family might well have to take legal action to ensure one is held. Six years after his death, the family of Azelle Rodney, who was also shot dead by the Met police, is still waiting for a full inquest into his death. (See below for further details on the death of Azelle Rodney.) Instead, the family have had to settle for an inquiry conducted by a judge, because the police's surveillance evidence had to be kept secret!
Unfortunately, the reality for the families of those who die in custody is bleak. They have to fight long and hard for any semblance of justice. The sustained campaigns fought by the families of Christopher Alder, Joy Gardner, Mikey Powell, Habib Ullah, Sean Rigg and Brian Douglas (to name but a few) is a testament to the tenacity which is needed.

By Harmit Athwal

 FULL ARTICLE CAN BE READ HERE:  http://www.irr.org.uk/2011/august/ha000019.html

   
Kingsley Burrell and Demetre Fraser



Sunday, 4 September 2011

Annual Remembrance Procession Against Deaths in Custody organised by the United Families & Friends Campaign


http://uffc-campaigncentral.net

Please support by attending and reposting details on all your pages and passing on through all your networks.  We should all be supporting this important march and the movement for justice regarding deaths in custody.

All information below is from the event page set up by UFFC:
http://www.facebook.com/event.php?eid=172866569434620

Silent Procession along Whitehall followed by Noisy Protest at Downing Street!
ALL WELCOME - PLEASE WEAR BLACK - BRING YOUR GROUP’S BANNER

The United Families and Friends Campaign is a coalition of families and friends of those that have died in the custody of police and prison officers as well as those who are killed in secure psychiatric hospitals. It includes the families of Roger Sylvester, Leon Patterson, Rocky Bennett, Alton Manning, Christopher Alder, Brian Douglas, Joy Gardner, Aseta Simms, Ricky Bishop, Paul Jemmott, Harry Stanley, Glenn Howard,... Mikey Powell, Jason Mcpherson and Sean Rigg to name but a few. Together we are building a network for collective action to end deaths in custody.

What we believe
• That failure of State officials to ensure the basic right to life is made worse by the failure of the State to ever prosecute those responsible for custody deaths.

• That the failure to prosecute those responsible for deaths in custody sends the message that the State can act with impunity.

What We Demand
• Deaths in police custody must be investigated by a body that is genuinely independent of the police.

• Prison deaths must be subject to a system of properly funded investigation that is completely independent of the Prison Service.

• Officers involved in custody deaths be suspended until investigations are completed.

• Prosecutions should automatically follow 'unlawful killing' verdicts at inquests.

• Police forces are made accountable to the communities that they serve.

• Immediate Legal Aid and full disclosure of information be made to the relatives of the victims for investigations, inquests and subsequent prosecutions.

• Officers responsible for deaths should face criminal charges, even if retired.

• CCTV to be placed in the back of all police vehicles


    -------------------------------------------------------------------------------------------------------------

    Please check these links for further details:

     http://uffc-campaigncentral.net

    http://4wardeveruk.org/

    http://www.facebook.com/event.php?eid=172866569434620


    No Justice No Peace!

    Zita Holbourne, co chair of BARAC, tells the EDL to 'Sod Off'

    Why the Smiley Culture Whitewash won’t wash with London’s black communities.

    Kingsley Burrell, Demetre Fraser and David Emanuel


    No Officers to face disciplinary charges over the death of Smiley Culture according to the IPCC.

    London’s Black communities are enraged by such a decision. I know what usually concerns black communities is of little or no concern to anyone else, however if London wants to avoid descent into open hostilities between black communities and the MPS it should take heed of the following perceptions that are both widespread and strongly held.

    It simple and easy to understand:

    1.   No one believes the Police particularly when the officer in the kitchen refuses to give a formal statement.

    2.   No one believes the IPCC is effective particularly after the Smiley Culture and Mark Duggan fiascos.

    3.   The knife he used to allegedly kill himself has no fingerprints on it al all. Most people upon hearing that fact believe the knife handle was therefore wiped clean by persons or person unknown.

    4.   Smiley had been handcuffed. The Police version of events was incredulously seeking to suggest that that was done after he plunged a knife straight into his heart.  They say he was thrashing around and was very strong. This is disbelieved for two reasons:

    a)   Everyone knows that on a serious drugs raid all suspects in the property are handcuffed immediately. That is standard operating procedure.

    b)   Death is instantaneous when stabbed through the heart. It is therefore completely ludicrous to suggest that the handcuffs were put on after he supposedly stabbed himself.

    5.   His family who knew him better than anybody have declared that Smiley was optimistic, confident and excited about his future and had no reason to kill himself.

    I believe what should now happen in the short term is the following:

    1.   The Police officers involved should all be suspended pending investigation.
    2.   Those officers who have refused to give formal statements to the IPCC should be compelled to do so or be sacked immediately for gross misconduct.
    3.   The Mayor should support the call for a public inquiry into all suspicious deaths in custody or failing a positive response from Government should announce a London independent inquiry into the same.
    4.   The Mayor himself should attend local meetings with London a black communities in particularly Tottenham and Brixton to hear first hand the concerns of our communities.
    5.   That we should mobilise and attend the next meeting of the MPA Full Authority is to take place on the 15th September 2011- 10:00 - 12:00 in the Chamber, City Hall, The Queen’s Walk, London SE1 2AA.

    Lee Jasper

    Picture from flyer by Campaign 4 Justice 4 Demetre Fraser aka T.Dot

    Community Police Consultative Group for Lambeth (CPCG) monthly meeting: Tuesday 06 September 2011 at 6:00pm

    http://www.lambethcpcg.org.uk/

    "Want to hear what happened to the IPCC investigation into Smiley Culture? Want to discuss the riots and the policing response in Brixton.? Attend this meeting and please publicise far and wide.

    Community Police Consultative Group for Lambeth (CPCG)
    monthly meeting.  Be there:  I will be." Lee Jasper

    CPCG SEPTEMBER 2011 PUBLIC MEETING

    Tuesday 06 September 2011 at 6:00pm

    Assembly Hall, Lambeth Town Hall
    Acre Lane, SW2 1RW

    http://s120873475.websitehome.co.uk/future-meetings/

    London Riots - Boris Johnson London Mayor: Good for a laugh, but in a crisis he is a day late and a dollar short.


    Boris needs more than a broom to deal with the current crisis

    
    London is now a city increasingly divided along race lines. It is a city where the relationships between the Metropolitan Police Service and London’s black communities are at ‘boiling point’.  That’s a term I used first in speaking about the death in custody of Smiley Culture in March of this year and was denounced for doing so. Less than 20 weeks later with the shooting of Mark Duggan by the MPS my comments proved to be prescient.

    This summer ends witnessing the worst deterioration of police and black community relations seen in decades. In London in particular there is a grievous problem however no comfort should be drawn from that by those living elsewhere, as this issue is equally reflected to various degrees in other parts of the country.

    With the recent deaths in police custody of Smiley Culture aka David Emmanuel and Mark Duggan, Kingsley Burrell and Demetre Fraser in Birmingham and the latest victims Jacob Michael and Dale Burns, the tide of public anger and concern continues to grow.

    The recent announcement that the IPCC can find no basis for initiating disciplinary charges against the Police officers involved in the arrest and tragic death of Smiley Culture aka David Emmanuel demonstrates the inability of this increasingly discredited organisation to support the families of victims of police brutality, ineptitude or incompetence.

    This decision will cause further outrage and I can tell you that nobody understands why the Police officer that was with Smiley refuses to give a formal statement to the IPCC. In court if you refuse to give a statement then guilt is inferred from your reluctance to do so.  This officer should be should be compelled to give a statement or be sacked immediately and the Mayor should make his view on that crystal clear.

    Nobody believes the palpable nonsense that Smiley was handcuffed after he stabbed himself or that mysteriously the handle of the blade that killed him had no fingerprints. Death through a single stab wound to the heart is instantaneous the idea that having stabbed himself he is then thrashing around wildly on the floor with superhuman strength requiring handcuffs to be put on him is grossly insulting to our intelligence and widely disbelieved.

    This has been a terrible year so far for the Metropolitan Police Service and Mayor of London Boris Johnson and a worse year for communities we have witnessed the travesty over the Ian Tomlinson case, seen revealed the incestuous relationship between senior MPS officers and News International, endured a massive rise in the number of stop and search’s ordered by the Mayor and watched in horror a 100 % increase of the number of black deaths in custody.

    The Mayors key manifesto commitment of ‘working night and day to end the scourge of youth violence’ can now be seen as nothing more than an election sound bite. As the body bags mount up, this represents as an issue, Boris Johnson’s equivalent of the Lib Dem Nick Clegg broken promise on student fees. He has failed to get any significant project by way of response off the ground. He has failed London’s black community and that failure is now writ large across his beleaguered Mayoralty.

    Finally we have seen the capital go up in flames and witnessed the tragic loss of life as a result of the utter carnage on our streets. I believe that this outcome could have been avoided.

    As a direct consequence of the failure of this Mayor to understand and deal with the issue of race, the mayoralty is rendered incapable of engaging with black Londoners’ communities in any meaningful or credible way.

    The Mayor has no one within his core team who can act as a key adviser on these issues nor does he attach any real priority to or have any clear strategy of community and police engagement. This is a fundamental error, which has cost the Capital dear.

    The difference between this Mayor and the last is that both Ken Livingstone would have visited and met with the Duggan or Emanuel families. We would have taken grip of all aspects of the case and we would have ensured that we met local communities and listened to their concerns and acted upon them.

    We would have ensured that the MPS were fully engaged and that the IPCC were left under no illusions about our commitment to fully support their efforts to get to the truth. We would have conveyed an on going series of public meetings in Tottenham immediately. We would have ensured that the Metropolitan Police Authority Chair and independent members were fully engaged and on board.

    Our priority would have been to ensure that Londoners understood that we are as concerned about the shooting of Mark Duggan as they were. The task of the Mayor in these situations is to reassure Londoners and provide leadership not turn up after the event with a broom in you’re hand.

    The MPS for its part, is racked with internal turmoil and traumatised by the loss of yet another commissioner, phone hacking scandals have taken its cue on race related issues directly from the Mayor himself.



    Put simply the Mayor has removed race as an issue of concern from London’s policy priority agenda. The civic infrastructures of race equality consultation and engagement have been dismantled, resourced cut or transferred to other areas and skilled staff discarded.

    In relation to the MPS and the Metropolitan Police Authority it’s once world famous community engagement strategy has, as a result, fallen into disrepute. It has of late failed to treat those it consults with any degree of respect preferring to simply flatter egos with vanity invitations to high profile consultations at New Scotland Yard.

    Once at these meetings community representatives are given flattery and platitudes in equal measure.

    It is beyond my simple comprehension why these issues have not been comprehensively nailed at the door of Boris Johnson and his erstwhile sidekick Kit Malthouse.

    Some spineless and deeply partisan sections of the media are allowing this Mayor to get away with murder. My charge is that they are routinely ignoring the profound and obvious inadequacies of this personally likeable but politically incompetent Mayor. Whilst quite funny, the joke wears thin when he is exposed as incapable of seeking to police and manage one of the most multicultural cities in the world.


    Here is the awful reality of failing to prioritise race, racism and its effects in a city that is 40% black and ethnic minority. The electoral backlash against anti-racism has reaped it own rewards and I can tell over the coming year things will get much worse as a result.  Anti racism was never about ‘special groups’ pleading, it was about tackling disadvantage, discrimination and deprivation. The fact is this Mayoralty does not recognise the reality of racism in London and has no idea about its effects in communities.

    As Mayor and the ultimate accountable authority for policing in London the jovial blonde bonhomie of our witty erudite Mayor is revealed as a sad joker whose weaknesses have been brutally exposed by this crisis, revealing him as incapable of handling a real crisis. He and his team have been shown to be both inept and incompetent.

    As an aside this situation is made intolerably worse as the Mayor and Malthouse hate each other according to reliable sources in City Hall.  They barley communicate and that is seriously affecting levels of competence and effectiveness at the MPS. Malthouse unimpressed by Johnson’s complete lack of attention to detail and failure to grasp the significance of follow through and delivery has come to bury Caesar rather than to praise him.




    Whilst this calamitous state of affairs in the Mayors office has gone unnoticed by many, the consequent build up of anger and the outrage in many of London’s communities has become quite visceral. When we marched on Scotland Yard and attended the MPA meeting after the death of Smiley, all were warned of the dire consequences of allowing things to continue as they are. Nobody listened.

    Neither the Mayor nor the MPA or the MPS have any real or effective credibility left in communities.

    There are now growing calls from eminent black academic, Professor Gus John that the black community should immediately withdraw from all MPS and Government ‘consultative forums’. Given the current situation I have real sympathy with such a proposal and intend to ensure broader discussion on the merits of Professor Johns call for a consultation boycott among major black organisations and community groups.

    Hundreds of meetings discussing these issues are taking place across the city on a daily basis. Its not even on the Mayors political radar, he has no idea about the depth of feeling and, as a result, it has not registered as a significant political issue for London.

    What now needs to be understood is there is now routine and widespread disbelief in the light of the Duggan shooting in any Police, IPCC Mayoral explanations comments or public statements.

    That has been reinforced by the collusion of the IPCC and the Police in seeking to manipulate public opinion in the aftermath of Mark’s death by reporting that Mark shot first and that a police officer narrowly missed losing his life with a bullet being stopped by his radio. That was a lie knowingly told. The issues were reinforced by the failure of the MPA Chair, who failed to spot the fact that stop and search was rising at incredible speed and was causing real tensions. To make matters worse, we had a Mayor who was on holiday at the time of the riots and had initially refused to come back to London.

    Since then Londoners have seen the Police, in a naked display of sheer arrogance, ruthlessly use their contacts in certain sections of the media to characterise the victims of deaths in custody as hostile, violent drug dealing gangster like criminals offering extreme violence and deadly force. Let me make my position here clear: all citizens of this country regardless of their race or previous criminal background should be afforded equal protection under the law.

    That’s it plain and simple, and any time a society fails to afford that basic protection then it breaks the contract between citizen and state and Government and the police lose their legitimacy. Dragging the name of Mark Duggan or David Emanuel through the mud with off the record briefings leaking confidential information about on going or previous investigations is rubbing vinegar in an open wound.

    The Mayor should get a grip and stop this grossly unfair trial by media and stand up for all London citizens not just those who were affected by the riots alone, but those communities deeply wounded by the lack of response to their cries for justice in relation to deaths in police custody. It’s either justice for everybody or no justice for anybody.

    ·       He should, as a matter of urgency, embark on an effort to restore public confidence and attend local Police Consultative Group meetings in the affected areas.
    ·       He should call for the immediate suspension, pending inquiry, of all officers involved in the deaths of Duggan and Emanuel.
    ·       He should insist that the officer in the kitchen with Smiley be required to give a statement to the IPCC immediately.
    ·       He should support a call for a public inquiry or initiate an independent MPA led inquiry into deaths in custody.
    ·       He should meet with the families of Mark Duggan and David Emanuel.
    ·       He should put an immediate stop to  MPS ‘ off the record ‘ briefing to the press or at least denounce them when they do appear/

    The fact that he has done none of these things and that the MPA will be abolished and all its authority passed over to the Mayor’s unelected Police Commissioner fills me with dread. I have zero confidence in the Mayors ability to get this right after such spectacular failure. 

    I know Boris loves the Greek classics so I end with a quote by that Greek poet presumed author of
    the Iliad, Homer himself who said:

    “Hateful to me as the gates of Hades is that man who hides one thing in his heart and speaks another.”

    The next meeting of the MPA Full Authority is to take place on the 15th September 2011, at 10:00 - 12:00 in the Chamber, City Hall, The Queen’s Walk, London SE1 2AA. It’s an open public meeting and I suggest that people mobilize and attend and give this Mayoralty a much needed wake up call.


    Lee Jasper

    Friday, 2 September 2011

    It’s all about perspective - Almost British?

    
    Lee Jasper: It’s all about perspective [1.5217391304348]
    Wandsworth Prison
    Buried amidst the rubble in the aftermath of London’s troubled week is news about the spot inspection at Wandsworth prison being “demeaning” and “unsafe”. The BBC report outlines a number of alarming failings: the unacceptably high levels of self-harm and self-inflicted deaths; prisoners being locked in their cells from anything between 16.5 hours to 22 hours per day; the poor provision for Foreign Nationals; and the conclusion that Black and Minority Ethnic prisoners were disadvantaged in significant areas of the prison. In the government’s bid to mete out swift justice, courts across London, Birmingham and Manchester have pulled all-nighters to process 1,700 defendants (so far) for burglary, violent disorder and arson. As tough sentences are passed in response to David Cameron’s pledge to track down, charge and punish offenders, I wonder where he will send them all afterwards.

    Only two years ago, the Independent reported that two-thirds of the prisons in England and Wales were overcrowded, with some jails holding hundreds more offenders than they were built for. Since then various initiatives have been considered to reduce overcrowding including the building of Titan prisons and early release programmes. The Government bowed to public pressure and abandoned their plans for Titan prisons but went ahead with early release schemes at a controversial cost of up to £3 million within the first year of the scheme. This initiative was not without it’s problems as it has been reported that some of those released have committed more crime and are now back in jail and around 100 ex-offenders were on the run having been recalled to prison.

    All this ‘activity’ has still left us with the question: Once the midnight-oil, mass processing of offenders is done, what does the government propose to do with them? Now don’t get me wrong, I am not saying that acts of criminality should go unpunished. I am merely suggesting that once the dust has settled the cleanup can’t end with brooms and bin bags.
    In response to the Wandsworth Prison Inspection Report, Frances Crook, Chief Executive from the Howard League for Penal Reform said: "Such abuse [of prisoners] hampers safe return to the community and puts victims at risk.”

    ‘Well boo hoo’ I hear the unsympathetic sarcastically say, ‘prison is supposed to be hard and demeaning’. Indeed it was shocking to see the fires and the looting in the week that England went insane. If you were on the receiving end of the violence I have no doubt that your anger is justified. Whilst not diminishing anyone’s pain and loss, I am looking further down the line. What do we really want? The guilty punished? Yes absolutely! But what then? They won’t stay behind bars forever – they will be coming out. Will they come out worse than they went in and if they do, who pays the price for that?

    I have recently come across a book that raises the kind of issues identified in the Wandsworth Inspection Report called ‘Almost British’ by Olivea M Ebanks. Ms Ebanks worked as a senior manager in the Prison Service (an agency of the Ministry of Justice) and experienced racism whilst working at the Prison Service College training Governors and managers that she took them to court for direct racial discrimination, harassment and victimisation. In 2008 she bravely represented herself in a 15 day hearing and won rulings against the Prison Service and some of the named perpetrators. Ms Ebanks went on to write her story to encourage others to stand up to unfair treatment, but also to raise the alarm that racism and unacceptably high levels of use of force along with unfair treatment of Black and Minority prisoners can only end in tragedy. This astonishing prediction is eerily confirmed in the Wandsworth Inspection Report months later. Nick Hardwick Chief Inspector of Prison summarises the main failings:

    “There had been 11 deaths in custody between January 2010 and the time of this inspection [28 February – 4 March 2011]... four of these had apparently been self-inflicted...We observed frequently indifferent and sometimes abusive staff interactions with prisoners... Victims of bullying behaviour were not adequately protected... The level of use of force remained high and our examination of records of incidents showed that de-escalation was not always used...neither we nor the prison could be assured that all use of force was proportionate and necessary....The treatment and conditions of simply too many prisoners at Wandsworth was demeaning, unsafe and fell below what could be classed as decent. I did not detect sufficient willingness in the prison to acknowledge and address these concerns.”

    The Prison Service or as they are now known the National Offender Management Service (NOMS) immediately issued the standard civil service rhetoric by Michael Spurr the Chief Executive saying "a robust action plan is in place to address the recommendations in the report and managers and staff at the prison are in no doubt that they must improve performance."

    Quite right too, but why did they not respond to Ms Ebanks concerns raised nearly a year ago. Surprisingly they have responded to Ms Ebanks by silencing her and telling her not to promote her published book even though (according to her husband) she made her new managers at the Judicial College aware of her plans to publish. Their initial response of congratulations very quickly turned to threats of discipline, dismissal for gross misconduct and led to a formal investigation into her conduct. Another civil service standard response to her book is that Ms Ebanks’ account and concerns are “unbalanced and misleading”, yet when I consider the content of her book I find that her worries about poor treatment of prisoners is uncannily close to the findings of this report. The MoJ seems to have made a very odd and disproportionate response to a member of staff’s genuine concerns which are based on her own experience of discrimination and unfair treatment as upheld by law.

    This brings me back to my original questions, ‘what kind of environments are we sending those convicted of crime this last week into; will they come back having paid the debt due to society as better, well-adjusted and rehabilitated individuals or will their stay end in tragedy as predicted by Ms Ebanks and now shown as a real outcome by the Wandsworth Inspection Report. With the potential of overcrowding once again becoming an issue because of an upsurge in convictions, overstretched and (in the case of Wandsworth) indifferent staff, use of force on prisoners as a first response, and Foreign Nationals being held up to 3 years beyond their sentence, the next 18 months will be very telling.

    Ms Ebanks is still an employee of the Ministry of Justice and now has to go back to court on 8th December 2011 to fight to have the harsh restrictions imposed, taken off her book. I wonder just how “robust” the action plan that Michael Spurr is referring to is going to be? Particularly, in light of the fact that NOMS is prepared to spend public money to defend a case that articulated problems from a member of staff’s perspective with regard to prisoner treatment and whose perspective is now echoed as evidence in an official report. It doesn’t seem right to me to relentlessly pursue a member of staff who drew from her own experience and the statistics that are in the public domain to raise concerns about the welfare of others, for those concerns to be met with institutional force, belittlement and attempts at gagging. But then that’s only my perspective.

    Lee Jasper

    (First publised at OBV www.obv.org.uk)

    Connected article:  The Ministry of Justice or dystopian fiction?   http://leejasper.blogspot.com/2011/08/ministry-of-justice-or-dystopian.html