The partner of the Guardian journalist who has written a
series of stories revealing mass surveillance programmes by the US National
Security Agency was held for almost nine hours on Sunday by UK authorities as
he passed through London's Heathrow airport on his way home to Rio de Janeiro.
David Miranda, who lives with Glenn Greenwald, was returning
from a trip to Berlin when he was stopped by officers at 8.05am and informed
that he was to be questioned under schedule 7 of the Terrorism Act 2000. The controversial
law, which applies only at airports, ports and border areas, allows officers to
stop, search, question and detain individuals.
The 28-year-old was held for nine hours, the maximum the law
allows before officers must release or formally arrest the individual.
According to official figures, most examinations under schedule 7 – over 97% –
last less than an hour, and only one in 2,000 people detained are kept for more
than six hours.
Miranda was released, but officials confiscated electronics
equipment including his mobile phone, laptop, camera, memory sticks, DVDs and
games consoles.
Since 5 June, Greenwald has written a series of stories
revealing the NSA's electronic surveillance programmes, detailed in thousands
of files passed to him by whistleblower Edward Snowden. The Guardian has also
published a number of stories about blanket electronic surveillance by
Britain's GCHQ, also based on documents from Snowden.
While in Berlin, Miranda had visited Laura Poitras, the US
film-maker who has also been working on the Snowden files with Greenwald and
the Guardian. The Guardian paid for Miranda's flights.
"This is a profound attack on press freedoms and the
news gathering process," Greenwald said. "To detain my partner for a
full nine hours while denying him a lawyer, and then seize large amounts of his
possessions, is clearly intended to send a message of intimidation to those of
us who have been reporting on the NSA and GCHQ. The actions of the UK pose a
serious threat to journalists everywhere.
"But the last thing it will do is intimidate or deter
us in any way from doing our job as journalists. Quite the contrary: it will
only embolden us more to continue to report aggressively."
A spokesperson for the Guardian said: "We were dismayed
that the partner of a Guardian journalist who has been writing about the
security services was detained for nearly nine hours while passing through Heathrow
airport. We are urgently seeking clarification from the British
authorities."
A spokesperson for Scotland Yard said: "At 08:05 on
Sunday, 18 August a 28-year-old man was detained at Heathrow airport under
schedule 7 of the Terrorism Act 2000. He was not arrested. He was subsequently
released at 17:00."
Scotland Yard refused to be drawn on why Miranda was stopped
using powers that enable police officers to stop and question travellers at UK
ports and airports.
There was no comment from the Home Office in relation to the
detention. However, there was surprise in political circles and elsewhere.
Labour MP Tom Watson said he was shocked at the news and called for it to be
made clear if any ministers were involved in authorising the detention.
He said: "It's almost impossible, even without full
knowledge of the case, to conclude that Glenn Greenwald's partner was a
terrorist suspect.
"I think that we need to know if any ministers knew
about this decision, and exactly who authorised it."
"The clause in this act is not meant to be used as a
catch-all that can be used in this way."
Schedule 7 of the Terrorism Act has been widely criticised
for giving police broad powers under the guise of anti-terror legislation to
stop and search individuals without prior authorisation or reasonable suspicion
– setting it apart from other police powers.
Those stopped have no automatic right to legal advice and it
is a criminal offence to refuse to co-operate with questioning under schedule
7, which critics say is a curtailment of the right to silence.
Last month the UK government said it would reduce the
maximum period of detention to six hours and promised a review of the operation
on schedule 7 amid concerns it unfairly targets minority groups and gives
individuals fewer legal protections than they would have if detained at a
police station.
The government of Brazil issued a statement in which it
expressed its "grave concern" over the detention of one of its
citizens and the use of anti-terror legislation. It said: "This measure is
without justification since it involves an individual against whom there are no
charges that can legitimate the use of that legislation. The Brazilian
government expects that incidents such as the one that happened to the
Brazilian citizen today are not repeated."
Widney Brown, Amnesty International's senior director of
international law and policy, said: "It is utterly improbable that David
Michael Miranda, a Brazilian national transiting through London, was detained
at random, given the role his partner has played in revealing the truth about
the unlawful nature of NSA surveillance.
"David's detention was unlawful and inexcusable. He was
detained under a law that violates any principle of fairness and his detention
shows how the law can be abused for petty, vindictive reasons.
"There is simply no basis for believing that David
Michael Miranda presents any threat whatsoever to the UK government. The only
possible intent behind this detention was to harass him and his partner,
Guardian journalist Glenn Greenwald, for his role in analysing the data
released by Edward Snowden."
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