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Please come on over and keep reading what I'm up to with all this death penalty, letter-writing and running stuff.

Confusion around plight of Joshua French in the Democratic Republic of Congo

The case of Joshua French and his friend Tjostolv Moland, both Norwegians, seems to have received relatively little press coverage. The pair, former soldiers, were condemned to death under military law in the Democratic Republic of Congo (DRC) on 3rd December 2009, for the murder of Abedi Kasongo, a driver who was taking them back to the Ugandan border after their touring motorbike broke down. Both men have steadfastedly protested their innocence, explaining that Kasongo was in fact the victim of an ambush. I can't help but wonder if one of the reasons for any lack of hoo-ha is that there is a sense, reading between the lines, that these guys (then employed in private security services) somehow dropped themselves into it? DRC isn't your average adventure holiday destination after all.

My response to this is SO WHAT? Reading the Reprieve case notes reveals a series of horrific transgressions of justice and human rights which deserve a wholesome challenge. For a start, there is the question of why the two men were held, tried, convicted and condemned to death by firing squad by a military court, in violation of the DRC's own constitution. The military courts claim, falsely, that this is their right for crimes involving firearms. Undoubtedly the secrecy and disregard for proper legal procedure which has characterised this entire scenario is primarily a result of a complete breakdown in the application of the rule of law in DRC.

Furthermore, the two men were initially asked to pay $500million in compensation. Whether this would be in exchange for their lives is unclear. If so, this brands the prevailing justice system of the DRC as little better than banditry. French's sister is reported as confirming that the two men were not engaged in any military capacity at the time of their arrest, and alleges they were set up by the Congolese government for the purposes of extortion. The Norwegian government has apparently stumped up cash to provide recompense to those wronged by the murder, but has denied the allegation of the two men being 'spies for the Norwegian government' and refused to pay up for such. Although I am not sure why they have made any concession, when that looks like an admission of culpability.

So what of the farcical and tragic circumstances of the trial and appeal? According to Reprieve,

"French and Moland understood little of what was said when they were sentenced to death, as most of it was held in French, which neither of them understands. During the appeal judgement, the chief judge stopped the interpreter from translating on the grounds that he was slowing things down."

It should be noted that Reprieve's involvement in this case stems from the fact that French is half British. Clive Stafford-Smith the Director and Founder of Reprieve said that the 'legal process' surrounding this case has

"included torturing Joshua, parading him around town in front of lynch nobs, and forcing him to sign statements under threat of death."

He added,

" The British government must redouble its efforts to end this nightmare."

I thought I'd find out some more about what the government are doing - so I sent an email letter to David Milliband, the UK Foreign Minister, to ask for their support. To my pleasure (and surprise), I did receive a reply. Below is the substance of both my letter, and the reply I received yesterday.

Dear Mr Miliband,

I am writing to urge you to make the strongest possible representations on behalf of the British Government to the government of the Democratic Republic of Congo to intervene in the case of Joshua French, a British national, who along with a Norwegian friend, has been accused of murder, which both men deny, and sentenced to death. Joshua has today had an appeal against his sentence rejected, in the most nightmarish and improper circumstances, unless $500million can be raised to save his life. The entire process has been a mockery of Human Rights and justice, with the trial and sentence being handed down by Military tribunal; this is in itself in contravention of DCR's constitution, which states that non-military personnel must be tried in legitimate civilian courts.

Please, please work with the team at Reprieve UK (copied) to do everything you can to understand this case and furthermore, with any discretion at your disposal, to ensure that justice is properly served and Joshua can be brought safely home to Britain.

Whoever said 'Hell is the absence of Reason' must have been talking about situations like this; the death penalty is ALWAYS wrong, but to have it meted out under such abhorrent circumstances as these where seemingly nothing rational can be done is not tolerable in our times.

Yours sincerely,

In the hope that something can be urgently done for Joshua.

Kathy Brown

and the reply...

Dear Ms Brown,

Thank you for your email of 03 December 2009 to the Foreign Secretary about Joshua French, who is in detention in the Democratic Republic of Congo. I am replying as consular officer for Southern and East Africa.

Our colleagues in Kinshasa are providing consular assistance to Joshua, whose welfare is a priority. They have visited him on numerous occasions since September and are prepared to raise any concerns he may have regarding the conditions of detention with the Congolese authorities.

We do not take a view on innocence or guilt but we do want a fair trial. We closely monitor cases and respond to any concerns raised with us by the British national or their legal representatives.

The British Government is absolutely opposed to the death penalty in all circumstances. We have recently raised our opposition with the Congolese authorities and will continue to do so. We hope that now the death penalty has been confirmed, it will be commuted to imprisonment as we understand that the DRC has signed up to a moratorium against the death penalty. We will make representations to achieve this end at whatever stage and level is deemed appropriate.

We are cooperating with the Norwegian authorities in order to ensure that our representations are consistent and have the best opportunity to achieve our objectives.

Kind regards

Needless to say I was quite interested in this reply on a few counts. Firstly, it sounds as if the primary consideration of the FCO's local consular office is in ensuring Joshua's welfare - which is good news, were it not for the fact that his welfare is kinda at its nadir at the point at which he is murdered by firing squad. Secondly, that the Britsh government are opposed to the Death Penalty on all counts and request a fair trial - but they do not say how they are attempting, if at all, to rectify the fact that French did not receive one.

Most puzzling though is this matter of the DRC's moratorium on executions and the expectation that French and Moland's sentences will be automatically commuted to life imprisonment. I've asked them for clarification on this aspect. The specific reference I have found in this case comes from news as early as December 4th that the Norwegian Foreign Minister Jonas Stoere was assured during conversation with Alexis Mwamba, his Congolese counterpart, that a current moratorium meant that executions would not now be carried out. I am confused by this, since my understanding of a moratorium is that it is defined as a temporary position. So why this implies automatic commutation to life is unclear and inconsistent. But if true, 'tis worthy of some celebration in that it at least gives Reprieve and the governments of Britain and Norway time to right the wrongs. Wikipedia (which, gratis, should not be taken as gospel) states that the DRC does not currently apply the death penalty. In which case why were the two men sentenced to death in the first place?

The whole thing smacks of blackmail, corruption, bullying and flagrant disregard for human rights to me. I'd like to see more exposure of this in the international press.

5 reactions to the execution of Akmal Shaikh

The Sadness

There can be no more poignant summary of the sadness felt by many at the outcome of the campaign to save Akmal Shaikh than this statement issued by Reprieve UK on behalf of his surviving family:

STATEMENT ISSUED ON  BEHALF OF THE FAMILY OF AKMAL SHAIKH

We are deeply saddened, stunned and disappointed at the news of the execution of our beloved cousin, Akmal. This was carried out this morning despite repeated requests for clemency and a proper appraisal of Akmal’s mental state.

We are astonished at suggestions that Akmal himself should have provided evidence of his own fragile state of mind. We find it ludicrous that any mentally ill person should be expected to provide this, especially when this was apparently bipolar disorder, in which we understand the sufferer has a distorted view of the world, including his own condition. That this was regarded as sufficient grounds for refusal by the judicial authorities to order any mental health assessment is shocking to us.

(Photo Courtesy of AP Photos : http://www.daylife.com/photo/04r9b6c5GF03S?q=soohail+shaikh)

Despite our own and other pleas, the Chinese authorities have maintained their refusal to investigate Akmal’s mental health. We are comforted that the authorities have confirmed that Akmal has been buried in accordance with his own and his family’s wishes.

On behalf of the family we thank the Prime Minister, Gordon Brown, the Foreign Secretary, David Miliband, as well as all the other Ministers and officials for their efforts which were sadly ignored by the Chinese authorities.

Finally, we now request the media to kindly respect the family’s privacy and allow us the space to grieve.

--- SOOHAIL and NASIR SHAIKH
Cousins of Akmal Shaikh, on behalf of the Shaikh family

The Fury

The Guardian Newspaper was expressing fury at the notion Akmal would be executed at al, and unleashed it in full this morning with a headline focusing on the outrage felt by those who have worked hard for and supported his reprieve.

The language used throughout this piece reflects the frustration, ire and sadness felt by British leaders and campaigners alike. The BBC during the course of the evening had described the conversation yesterday between Foreign Office representatives and Chinese oficals as 'a frank exchange of views', which, they conceded, was a metaphor for a full-on argument. China's record on Human Rights is not good, and the widespread exposure of this case has done nothing to further their reputation.

The BBC have provided a short collection of responses to the execution here.

The Bile

Despite its full and fair coverage of the Akmal Shaikh story this morning, the Daily Mail is also guilty of having allowed the online publication of this utterly repugnant piece by columnist Leo McKinstry. He states

"The British government, with its prattle about human rights, likes to think a refusal to use capital punishment is a badge of a civilised society. The truth is the willingness to execute dangerous criminals is a sign of compassion. It means a government is determined to protect the vulnerable and maintain morality."

 

He concludes by saying

"There is nothing barbaric about the death penalty. The real barbarism lies in refusing to punish criminals."

Demonstrating once again, as so many proponents of capital punishment do, that he has missed the point. No-one is saying that drug trafficking is not evil and reprehensible. No-one is saying crime should go unpunished. His sophistry also displays utter ignorance - that anyone could suggest that there is nothing barbaric about the death penalty has clearly done no meaningful research on the matter whatsoever. 

It never ceases to amaze me that a matter which seems so instinctive to myself can be so twisted by hatred by others.

I apologise to all here and now for driving traffic to the Daily Mail website. As we all know the stance of the Daily Mail is to drive circulation through whatever editorial means possible. If in doubt, scan the Wikipedia entries concerning the Daily Mail and founder Viscount Rothermere and his successors to form your own opinion of how they play on hatred to secure their business objective.

If anything we should go out of our way to ignore the rag and make it hurt.

For further bile, if you have the stomach, simply take a look through the comments made in response to Reprieve's video footage 'Final Plea for Akmal Shaikh'. In my mind this is nothing more than desecration of a tombstone. Unbelievable. I wonder how those gainsayers would react if Reprieve were to leap to the defence of them, or one of their friends or relatives in international jeopardy?

The Chinese Response

There has been no official response to or report of the execution yet across Chinese news channels. However the sense is one of stubborn and righteous indignation:

In Beijing the Chinese government said it resisted any interference in its judicial affairs. "We express strong dissatisfaction and opposition to the British reaction," said Jiang Yu, a foreign ministry spokeswoman. "We hope the British side will face this case squarely and not put new obstacles in the way of relations between Britain and China."

(Source: The Guardian)

Comment on articles and Youtube footage included Chinese viewpoints, defensive of their country's action and taking the view that Akmal Shaikh was first and foremost a drug trafficker.

The impact

In the words of the Guardian, "experts said the long-term impact would be small...."

"The two sides are just posturing for their own citizens," said Wu Qiang of Tsinghua University. "Akmal Shaikh is only an isolated case. Unless the UK raises the issue to the EU level I don't think there will be big influence on relations."

I like to think there is an impact of a different kind. We simply cannot overlook the social web influence factor any more. Last night, several of us on Twitter tried and failed to get the #SaveAkmal hashtag to trend (i.e. reach the list of top topics currently being mentioned in the community.). But with every high-profile case of this kind we obtain a little more awareness of the inhumanity and irrationality of Capital Punishment. Today, the name Akmal Shaikh has reached the volumes required in Twitter for it to trend. It all helps!!

It is my fervent hope that the ultimate impact of the doomed campaign to save Akmal Shaikh wil be another baby-step towards the eventual elimination of the Death Penalty in every nation.

If you oppose the Death Penalty, please consider following @TheOptimismClub on Twitter and joining the Facebook Group

 

Murder in China and the Birth of The Optimism Club

Picture courtesy of Getty Images - http://www.daylife.com/photo/0gc28hF30P6zw

Tonight has been energising, exhausting and emotional. While a band of sturdy campaigners have stood an actual vigil for the reprieve of Akmal Shaikh outside the Chinese Embassy in London this evening, I've been proud to keep my own personal vigil of sorts online, in the company of a whole crowd of Tweeters determinedly plugging the #SaveAkmal hashtag.

At time of writing, we still do not know if the Chinese have actually gone through with the Sentence of Death they confirmed at 2.30 am. We're all watching various news sources which cautiously suggest it must have happened. But still no official word. Which gives rise to the last strand of hope that the ultimate clemency may have been granted. Who knows right now. Poor Akmal. Poor Akmal's family. Poor China. But, y'know what? It's not in vain. Energy doesn't vanish, it is simply transformed.

The hope and the tentative positivity displayed this evening showed me that there can always be optimism. And that optimism drives an energy and a force of its own. And that with a medium like the social web at our disposal, we can create the domino effect. We can target and challenge death penalty issues wherever we feel they might have most effect. I truly believe this. So tonight will see the birth of @TheOptimismClub. The tweeters who were standing virtually united to promote the cause of Akmal Shaikh in his tragic final hours (we assume) are by default some of the founding members of that group. 

There are a whole lot of haters and vicarious murderers out there - the black-aura'd 'hang-em-high' gang. But I for one won't stop opposing capital punishment until I die.

The Optimism Club gives me a channel to focus on my death penalty interests separately from my regular Twitter ID and invite contribution from others who want to challenge the death penalty's persistence worldwide. Gonna be a task and a half. And now it's 4 a.m. so more on this anon... Comments are welcome!

British woman donates savings to save Akmal Shaikh

I wouldn't normally copy and paste a Press Release in its entirety but time is running out for Akmal Shaikh, so am posting this here for expediency as it's not yet up on the Reprieve site

FOR IMMEDIATE RELEASE (Dec. 28, 2009)

EXECUTION DATE: TUESDAY, 10.30AM (2.30AM GMT)

 

 

 

British woman offers her savings for a reprieve for Akmal Shaikh;  British government place new evidence developed today before Chinese authorities.

     

Akmal Shaikh’s execution is set for 10.30am on Tuesday morning, Urumqi time (2.30am GMT).  It is now less than nine hours away.

 

Meanwhile, a British woman, who wishes to remain anonymous, has offered her savings (£8,235) to the Chinese government, for donation to a Chinese charity of their choosing, if they will spare Akmal’s life.  She does not know Akmal, but has had close experience with bipolar disorder, the illness that afflicts him, and recognizes how it could easily have led him to his current predicament. She made her kind offer to the Chinese government, through Reprieve.

 

“I know that manic episodes can give a person a sense of invulnerability, and that this leads a person to do crazy things that they would not consider when they are stable,” said the anonymous donor, in a letter to Reprieve. “It also makes the person vulnerable to the exciting ideas suggested by others. Anyone looking at the pathetic ‘pop song’ written by Mr Shaikh, and hearing of his hopes that this would somehow bring world peace, must agree that he was not rational when he agreed to carry the suitcase with these drugs in it. Asking for compassion for this man obviously does not imply that one condones drug smuggling in any way.  Compassion is the most important human virtue.”

 

Meanwhile, Dr Peter Schaapveld, the forensic psychologist who has generously donated his time towards the case, has reviewed the new evidence, issuing a further medical opinion:

 

“The new information just received by Reprieve and which I have now read, confirms the view that Mr. Shaikh was clearly suffering from a severe mental disorder. These witnesses who knew him well have given specific examples of behaviour which are only explained by mental disorder.  What is more these examples occur at the material time; that is the time immediately preceding the actions that led to his arrest and death sentence.   It is therefore all the more urgent that consideration be given to mental health issues in the case which would in any legal system in the world lessen the severity of a court's sentence.  I can only ask along with his legal team and the family that this be done.”

 

The British government has made additional submissions to the Chinese authorities seeking clemency, including the statements of four witnesses who came forward to Reprieve today corroborating Akmal Shaikh’s mental illness, and the photographs submitted by journalist-photographer Luis Belmonte that so dramatically illustrate his illness.

 

“This anonymous British woman illustrates the Christmas spirit far better than our habitual consumerism," said Reprieve's director Clive Stafford Smith. “Let us hope that her kindness finds its due reciprocation from the Chinese authorities.”

 

For more information the primary contact at Reprieve is Sally Rowen (sally.rowen@reprieve.org.uk 020 7427 1099/ 07773 348833) or Clive Stafford Smith (clivestaffordsmith@mac.com).  

 

*  *  *

 

Notes for Editors:

Reprieve, a legal action charity, uses the law to enforce the human rights of prisoners, from death row to Guantánamo Bay. Reprieve investigates, litigates and educates, working on the frontline, to provide legal support to prisoners unable to pay for it themselves. Reprieve promotes the rule of law around the world, securing each person’s right to a fair trial and saving lives.  Clive Stafford Smith is the founder of Reprieve and has spent 25 years working on behalf of people facing the death penalty in the USA.

 

Reprieve’s current casework involves representing 33 prisoners in the US prison at Guantánamo Bay, working on behalf of prisoners facing the death penalty, and conducting ongoing investigations into the rendition and the secret detention of ‘ghost prisoners’ in the so-called ‘war on terror.’

 

 

Reprieve

PO Box 52742

London EC4P 4WS

Tel: 020 7353 4640

Fax: 020 7353 4641

Email: info@reprieve.org.uk

Website: www.reprieve.org.uk

 

Reprieve is a charitable company limited by guarantee; Registered Charity No. 1114900 Registered Company No. 5777831 (England) Registered Office 2-6 Cannon Street London EC4M 6YH; Chair: Lord Bingham; Patrons: Alan Bennett, Julie Christie, Martha Lane Fox, Gordon Roddick, Jon Snow, Marina Warner

It's important to stay elfie at Christmas

When the daily diet will hardly stave off 

scurvy, when all around you are tempting you with yet another newly-opened box of chockies, when the family have a seemingly bottomless appetite for sausage rolls, leftovers + chips,  and it seems ungrateful not to indulge in all the alcoholic miscellany that you never normally touch in the course of the year... what about a nice run in the snow on Christmas Day morning to do some bloat-offsetting?

With this thought in mind, the family Brown set off at 8.20 am on Christmas morning, our two cheerful elves in tow, to Basingstoke Parkrun. Kindly volunteers led by Rachel Elliott had agreed to set up and run the regular 5km course (using coloured route markers instead of white, to stand out against the snow). There was a wonderful turnout of people dressed for the occasion - about 50 in total including Santas, Rudolph, a turkey and a Christmas pudding, and elves.

It was jolly chilly, and the snow had compacted to ice with a slush layer on top, making running (especially corners) pretty treacherous going. I set off at a waddle - eventually toddling into the finish in 43rd position, and agreeing with everyone that it had been 'pretty horrible'. But we then set about some mutual congratulation and celebration with some rum and Baileys brought by us, and some panettone, crunchy mince pies and chocolate crunchy tiffin brought along by others. And so it was the perfect start to a festive interlude of gluttony and sloth.

OK - so I have lapsed back into idleness for a few days now - but with Frimley Lakeside 8 mile looming in 4 weeks and the Reading Half-Marathon in March 2010, I need to swiftly get back into some long-distance waddling. Starting tomorrow.

Race Report: Grim Challenge or Grin Challenge?

Oh dear, only 3 weeks late writing up my report of the race of the year. I ran, I waded, I crawled, I survived... the GRIM CHALLENGE 2009. This was a departure from the races I've achieved so far this year in being more of a X-Country style event; and for me, at 8 miles, the longest distance I would have covered to date on unpredictable terrain, was never going to be about doing a time.

In the event, I came way down the field, with a time of around 1 hr 49 mins, and a finishing position of 2464 - in contrast to my friend Mark who came an amazing 77th out of the field of 2800 runners. So no, this was NEVER about a time, for me it was just about getting round - and I MADE it!

So many of my friends and colleagues think I am crazy to have tried it and I have earned their admiration and respect. They can't imagine how anyone would want to engage in such discomfort. The 10km races were one thing, training for my first half-marathon in 2010 another, but... freezing cold tracts of water, gooey mud, hills and cargo nets?

Miles of smiles

The clue is in the smiles. See the picture of me, here, taken by the official course photographer at around the 5-mile mark? Well, this time last year I was perusing the race pictures and website following my husband and two of his mates taking part. They had said how much they'd enjoyed the run, and I was struck by how many of the participants were laughing in the photographs. It was either the shared rictus of mass hysteria or else - gadzooks, these people were actually enjoying their self-inflicted torture and taking it less than seriously. I was also conscious that while husband, and his friends had all finished the course in respectable times under an hour and twenty, there were many, many other finishers still pouring (literally) across the finish line at times far in excess of this. It got me to thinking that, as a novice runner last year, there was a possibility I might be able to run 8 miles - or an hour and a half non-stop - by the same time this year. And if that were the case, maybe I should be buying into some of those happy, muddy, pink-legged vibes too?

Also - just look at how many people enter this thing year on year! The organisers run it over two days due to the sheer number of entrants (almost 6000). The 2009 event took place on 5th and 6th December.  We were glad we'd chosen the Saturday (5th) version because it bucketed it down with rain in the week running up to the event, letting up a bit for the Saturday, but re-soaking the already churned-up course for the Sunday participants during the night after we'd finished. The other reason, of course, being that by running on the Saturday we were giving ourselves and our mates time to go out and celebrate in time-honoured fashion with a proper session around the pubs of Farnham afterwards.

The shape of the race

There were six of us who'd registered together, myself and Geoff, Carol and Mark and Maria, and James who couldn't make it on the day due to calendar blunders. Here I am with Maria and Carol before the race, looking cheerful, feeling nervous... a bit like that moment on a rollercoaster as it chugs to the top of the first apex and you're thinking 'Er.... remind me why I wanted to do this?' It was a first time for all three of us. We all set off from our position towards the back of the pack, leaving the guys to forge on ahead. We'd agreed to run our own races rather than try and stick together - which was best for all of us, not least because Maria managed to finish almost twenty minutes ahead of me, and Carol ten minutes ahead! I much prefer to set and manage my own pace when running. Maybe I'd do better trying to keep up with other people but distance running has so much personal psychology involved - it's much better run as a solitary activity. I did, however, spend much of the race believing I was still ahead of Carol which kept me going all the way, thinking 'Crikey, I could come in ahead of Carol here!' Of course, she had somehow edged ahead of me early on and I hadn't seen her but it acted as great motivation all the while, thinking she was on my heels!

The course wended its way in a convoluted fashion around Aldershot's Army tank training area, with a mixture of sand, rubble, leaf, mud and heather underfoot. The first section was varied terrain, with some gentle hills, and a descent towards the half way mark and the famous series of puddles and mudpits that the GRIM is famous for. The picture taken here is courtesy of Keith Baxter (http://twitpic.com/s8u11).

My favourite section, and it turned out, the favourite bit for many of us, was the 5 to 7 mile bit, which somehow, seems to be very fast-paced. I felt like I was flying along that bit, passing quite a few people and with sustained momentum. Almost like a long, gradual downhill with gravity on your side - although I swear it wasn't all downhill. I shared comments and giggles with people all the way round at various points, and was grateful to a lady who gave me encouragement at around 6 miles as we hit a few uphill hairpins. We agreed that 'what goes up must come down' and were rewarded in due course. The big surprise was after 6 miles - where naturally, you are thinking 'Woohoo! Only 2 miles to go!'.... and I can tell you this was the LONGEST 2 miles in the world! All of a sudden the course took off across a raggedly duned area with a series of ups and downs. This did well to counter the accusations I'd heard of the previous year's course being monotonous for much of the final 4 miles. But it was a bit of a shock to the system to be kept physically guessing at that stage. The nasty steward at around 7 miles told fibs too. He said 'Only about ten minutes to go, and it's all flat now'. Groan. Right before the end in the Grim there is a section that looks like a swamp, with spikey thin tree stumps coming up out of the water, and a long gulley with water along the bottom to follow several hundred yards up to the final loop.  In the swamp was an abandoned St John Ambulance vehicle tilted downward in the mire - I can't imagine what possessed the driver to think s/he should attempt to drive along there. It gave me something to ponder, anyhow, as I mentally grumbled the last two miles feeling distinctly longer than that. 

The last few hundred yards of the Grim take runners in a long loop past the spectators and waiting familes, through one last silly puddle before the finishline. 

Here I am wading through. I realised about here that Carol and Maria were waiting with the guys cheering me on to the finish, but 

what the hell, by this time I was exhausted, my 

knees were complaining rather a lot, and all I wanted was that dry towel I knew Geoff had in the rucksack for me.

Just why it seemed so long became quickly apparent when Mark told us his GPS watch had measured the overall course at 8.79 miles! No wonder the final few miles hurt.

Here's Carol finishing the race, and with Maria waiting for me to finish. The smiling faces tell a story, don't they? 

The sense of personal triumph, of being part of a community of nutters, and yeah, probably of relief of the whole thing being over, all contribute to making the GRIM an event worth attempting, in spite of the obstacles and hardships. I've already said I'll do it again next year (instead of the Vegas Half Marathon which was the same weekend and which my friend Marjory completed and enjoyed this year, and sounds most amusing). Hmmm. GRIM 10, or Las Vegas half? Which would you go for?