The Wardman Wire

This morning a commenter called Thevets (thank-you Thevets - if you have a blog let me know for a credit) has drawn my attention to the fact that Schillings Lawyer’s, who acted for Alisher Usmanov in shutting down critical discussion without addressing the questions raised, have appended their name to a letter in the Guardian yesterday calling for attacks upon free expression in Pakistan to stop. The letter includes this paragraph:

Independent media and journalists have been the target of sweeping press censorship and attack. Peaceful and legitimate meetings held by civil society groups and activists seeking to resist these unconstitutional measures have been broken up by the police.

General Musharraf’s actions are arbitrary and unconstitutional. He has bypassed Pakistan’s own legal protections to ensure that no one is deprived of their right to life and protect its citizens’ human rights and fundamental freedoms. An independent legal profession and judiciary such as we have in the UK are vital in ensuring the accountability of the state. For example, when the UK government argued that it was acceptable to use evidence obtained through torture, lawyers able to operate independently and free from fear were able to challenge them in the courts.

I have 3 points to make here.

Support Restoration of Free Expression in Pakistan - Unequivocally

The first - and most important - point is unequivocally to support anything that will help restore Free Expression in Pakistan. I will stand shoulder to shoulder with Schillings and their legal colleagues on that one, just as I am standing shoulder to shoulder with my political opponents on the “Freedom of Expression” campaign here.

Apply the Same Standard Here, please, Mr Schilling

The second is to note the double standard in Schillings taking this stand, while being willing to pursue bloggers and media in the courts at home with the aim of muzzling comment.

That double standard is a stain on the reputation of Schillings Ltd - in my opinion.

Independent Comment is Essential in a Free Society

The Guardian Letter includes argues that an Independent Legal Profession is a necessary condition to “keep government honest”. In the ructions over recent years in - for example - Zimbabwe, it is the Judiciary and the Churches which have provided the strongest bulwarks against tyranny. Ditto the lawyers now in Pakistan:

An independent legal profession and judiciary such as we have in the UK are vital in ensuring the accountability of the state.

I agree, and I would also argue that the ability of bloggers to comment freely and independently is essential for the same reasons, especially when newspapers are increasingly giving in without a fight and the BBC has been intimidated through the Gilligan case.

That is why I hope Schillings will join the campaign to reform the laws which make innocent websites responsible for materials posted by their customers, but I’m not holding my breath.

Others will be more Sceptical

Thevets is more sceptical about the Schillings move to sign this letter:

Has anyone seen Schillings have added their name to a letter sent to the Guardian yesterday condeming the attack on the judiciary in Pakistan and censorship of independent journalists and free speech. Just ok to censor bloggers then ? Call me a cynic but is this a case of damage limitation?

The full text of the letter is below the fold.

Full Text of Guardian Letter

The full text of the letter is below.

Restore the rule of law in Pakistan

British Lawyers condemn the brutal attack upon the judiciary and legal profession in Pakistan (Bhutto deepens rift by telling ‘contaminated’ Musharraf to go, November 14). As barristers and solicitors, we express our outrage at the vicious assault on our legal colleagues in Pakistan. We condemn the suspension of the rule of law and imposition of martial law. Hundreds of judges, lawyers, academics and human rights activists have been detained and, we hear, are suffering ill-treatment and torture in detention at the hands of the Pakistan authorities. We call for their immediate and unconditional release.

Independent media and journalists have been the target of sweeping press censorship and attack. Peaceful and legitimate meetings held by civil society groups and activists seeking to resist these unconstitutional measures have been broken up by the police.

General Musharraf’s actions are arbitrary and unconstitutional. He has bypassed Pakistan’s own legal protections to ensure that no one is deprived of their right to life and protect its citizens’ human rights and fundamental freedoms. An independent legal profession and judiciary such as we have in the UK are vital in ensuring the accountability of the state. For example, when the UK government argued that it was acceptable to use evidence obtained through torture, lawyers able to operate independently and free from fear were able to challenge them in the courts.

Essential to our performance of this role is the ability to go to work without fear of ill-treatment, detention and torture. Our colleagues in Pakistan are not so fortunate. The result is that there is no functioning legal system to challenge the arbitrary use of state power. We support our fellow lawyers in Pakistan for the stand that they are taking against the abuse of power.

We join with other organisations across the world today calling for a restoration of the constitution and a return to the rule of law.

Owen Davies QC
Barrister, Garden Court Chambers

Ian McDonald QC
Barrister, Garden Court Chambers

David Spens QC
Barrister, Garden Court Chambers

Andrew Nicol QC
Barrister, Doughty Street Chambers

Liz Davies Chair,
Haldane Society of Socialist Lawyers

Lionel Blackman
Solicitors International Human Rights Group

Bill Montague
Solicitor, Dexter Montague and Partners

Karen Mitchell
Solicitor, Thompsons

Sajida Malik
Solicitor, Birnberg Peirce and partners

And 89 others from (solicitors) Thompsons, Birnberg Peirce and Partners, Wilson and Co, Dexter Montague and Partners, Herbert Smith and Berwin, Leighton Paisner LLP, Schillings; and (barristers) 1 Pump Court , Doughty Street, Tooks, Coram, Old Square and Tanfield chambers

Wrapping-up

Let’s see how Craig Murray, Mr Eugenides, Justin, Unity, Septicisle, Tim, Sunny, and the Loch Ness Monster Liberals (all you see are the humps but there’s a lot more underneath) react.

Perhaps 18 Doughty Street could invite Andrew Nicol QC of Doughty Street Chambers (who signed the letter) in for an interview on this subject before they move to Westminster. He works at Number 11.

Tags: alisher usmanov, schillings lawyers, pakistan, legal profession, general musharraf, benazir bhutto, doughty street chambers, craig murray, tim ireland, unity, ministry of truth, sunny hundal, pickled politics, liberal conspiracy

[tags]alisher usmanov, schillings lawyers, pakistan, legal profession, general musharraf, benazir bhutto, doughty street chambers, craig murray, tim ireland, unity, ministry of truth, sunny hundal, pickled politics, liberal conspiracy[/tags]