Scottish Census case against Barbara Dowling adjourned again
No CONcensus | 26.09.2012 14:20 | 2011 Census Resistance | Iraq | Repression | Terror War
The case against peace activist Barbara Dowling on a criminal charge of failing to comply with the 2011 Census was scheduled for Tuesday 25 September but has now been adjourned again until 19 Feb 2013, 10am, at Glasgow Sheriff Court.
In Scotland, a large contract for the census was awarded to CACI Ltd, British subsidiary of a US-based defence contractor implicated in serious human rights violations at Abu Ghraib prison in Iraq for which it faces no criminal sanctions although some former Abu Ghraib prisoners are bringing a civil lawsuit against the company in the US. Nearly 200,000 households in Scotland failed to return the 2011 Census questionnaire as required by law, many in protest at CACI's involvement, but just five prosecutions have been brought.
In Scotland, a large contract for the census was awarded to CACI Ltd, British subsidiary of a US-based defence contractor implicated in serious human rights violations at Abu Ghraib prison in Iraq for which it faces no criminal sanctions although some former Abu Ghraib prisoners are bringing a civil lawsuit against the company in the US. Nearly 200,000 households in Scotland failed to return the 2011 Census questionnaire as required by law, many in protest at CACI's involvement, but just five prosecutions have been brought.
This is one of a small number of Census prosecutions in England and Scotland that are dragging on to no useful purpose and at ever increasing cost to the public purse. A crown prosecutor in a recent Census case in Devon that was dismissed by the Judge was overheard saying “We're not really interested in these cases.” 
https://www.indymedia.org.uk/en/2012/09/500545.html
So... who's behind the costly and vindictive decision to keep them going?
PERSECUTION, NOT PROSECUTION
Scotland Against Criminalising Communities points out that the Scottish prosecution rate is less than one in 37,000 and believes that proceedings there against five people amount to persecution, not prosecution.
Richard Haley, Chair of SACC, has said:
"CACI has so far escaped any legal sanction over its involvement in torture at Abu Ghraib. Even if the lawsuits currently proceeding against CACI are eventually successful, CACI will still have avoided having to answer for its actions under criminal law. Yet Barbara Dowling is being accused of a criminal offence because she allegedly left some blank spaces on her census form. Scotland's legal system is on the brink of making a fool of itself. The charges should be dropped."
SACC PRESS RELEASE 24 SEPTEMBER
http://www.sacc.org.uk/index.php?option=content&task=view&id=915&catid=27
Census prosecution of less than 1 in 37,000 is "persecution, not prosecution"
A peace activist will be appearing in Glasgow Sheriff Court tomorrow, accused of refusing to answer questions in last year's census. Barbara Dowling, a retired Occupational Therapist, 67, of Knightswood Glasgow, is being charged under the Census Act 1920, which makes non-compliance with the census a criminal offence punishable by a fine of up to £1000. Her trial diet will be heard at 10am tomorrow, Tuesday 25 September.
Many thousands of Scots are believed to have failed to return census forms last year in protest at the involvement in Scotland's Census of CACI Ltd, a British subsidiary of a US-based defence contractor implicated in serious human rights violations at Abu Ghraib prison in in Iraq.
Staff working for CACI International played a part, along with US military personnel and other contractors, in the torture of prisoners at Abu Ghraib. Although eleven low-ranking US soldiers were convicted by court martial of offences connected to the abuse of Abu Ghraib prisoners, no private contractors have been prosecuted over the scandal and CACI has refused to accept any responsibility for the abuse. Former Abu Ghraib prisoners are attempting to bring a lawsuit against CACI for its part in their ill-treatment and torture. Their legal action was given the go-ahead in May by a Federal Appeals Court in Richmond, Virginia. The court's decision follows years of legal argument, with CACI claiming that, as a US government contractor, it is immune to the lawsuit.
The former prisoners say that they were subjected to electric shocks, repeated beatings, sleep deprivation, sensory deprivation, forced nudity, stress positions, sexual assault, mock executions, humiliation, hooding, isolated detention and prolonged hanging from the limbs. They were eventually released from Abu Ghraib without charge.
SACC and other campaigning groups encouraged people to refuse to cooperate with the census in protest at CACI's involvement.
Figures obtained through a Freedom of Information request show that 365,702 addresses in Scotland failed to return a census questionnaire. Census staff considered that no questionnaire was required from 177,788 of these addresses, for example because the address appeared to be non-residential, vacant or derelict. This means that 187,924 Scottish households that were required to return a census questionnaire did not do so. This figure excludes people who chose to make their protest by returning their census questionnaire with some of the mandatory questions unanswered.
Yet just 5 people have been prosecuted over the census - a prosecution rate of less than one in 37,000. This is so gross an imbalance that SACC believes that proceedings against the five amount to persecution, not prosecution.
Richard Haley, Chair of SACC, said:
"CACI has so far escaped any legal sanction over its involvement in torture at Abu Ghraib. Even if the lawsuits currently proceeding against CACI are eventually successful, CACI will still have avoided having to answer for its actions under criminal law. Yet Barbara Dowling is being accused of a criminal offence because she allegedly left some blank spaces on her census form. Scotland's legal system is on the brink of making a fool of itself. The charges should be dropped."
ENDS
Notes
For more background about Scotland's census, see:
http://www.ethicalcensus.org.uk
For more information about the lawsuit agsinst CACI, see:
http://ccrjustice.org/ourcases/current-cases/al-shimari-v-caci-et-al
https://www.indymedia.org.uk/en/2012/09/500545.html So... who's behind the costly and vindictive decision to keep them going?
PERSECUTION, NOT PROSECUTION
Scotland Against Criminalising Communities points out that the Scottish prosecution rate is less than one in 37,000 and believes that proceedings there against five people amount to persecution, not prosecution.
Richard Haley, Chair of SACC, has said:
"CACI has so far escaped any legal sanction over its involvement in torture at Abu Ghraib. Even if the lawsuits currently proceeding against CACI are eventually successful, CACI will still have avoided having to answer for its actions under criminal law. Yet Barbara Dowling is being accused of a criminal offence because she allegedly left some blank spaces on her census form. Scotland's legal system is on the brink of making a fool of itself. The charges should be dropped."
SACC PRESS RELEASE 24 SEPTEMBER
http://www.sacc.org.uk/index.php?option=content&task=view&id=915&catid=27 Census prosecution of less than 1 in 37,000 is "persecution, not prosecution"
A peace activist will be appearing in Glasgow Sheriff Court tomorrow, accused of refusing to answer questions in last year's census. Barbara Dowling, a retired Occupational Therapist, 67, of Knightswood Glasgow, is being charged under the Census Act 1920, which makes non-compliance with the census a criminal offence punishable by a fine of up to £1000. Her trial diet will be heard at 10am tomorrow, Tuesday 25 September.
Many thousands of Scots are believed to have failed to return census forms last year in protest at the involvement in Scotland's Census of CACI Ltd, a British subsidiary of a US-based defence contractor implicated in serious human rights violations at Abu Ghraib prison in in Iraq.
Staff working for CACI International played a part, along with US military personnel and other contractors, in the torture of prisoners at Abu Ghraib. Although eleven low-ranking US soldiers were convicted by court martial of offences connected to the abuse of Abu Ghraib prisoners, no private contractors have been prosecuted over the scandal and CACI has refused to accept any responsibility for the abuse. Former Abu Ghraib prisoners are attempting to bring a lawsuit against CACI for its part in their ill-treatment and torture. Their legal action was given the go-ahead in May by a Federal Appeals Court in Richmond, Virginia. The court's decision follows years of legal argument, with CACI claiming that, as a US government contractor, it is immune to the lawsuit.
The former prisoners say that they were subjected to electric shocks, repeated beatings, sleep deprivation, sensory deprivation, forced nudity, stress positions, sexual assault, mock executions, humiliation, hooding, isolated detention and prolonged hanging from the limbs. They were eventually released from Abu Ghraib without charge.
SACC and other campaigning groups encouraged people to refuse to cooperate with the census in protest at CACI's involvement.
Figures obtained through a Freedom of Information request show that 365,702 addresses in Scotland failed to return a census questionnaire. Census staff considered that no questionnaire was required from 177,788 of these addresses, for example because the address appeared to be non-residential, vacant or derelict. This means that 187,924 Scottish households that were required to return a census questionnaire did not do so. This figure excludes people who chose to make their protest by returning their census questionnaire with some of the mandatory questions unanswered.
Yet just 5 people have been prosecuted over the census - a prosecution rate of less than one in 37,000. This is so gross an imbalance that SACC believes that proceedings against the five amount to persecution, not prosecution.
Richard Haley, Chair of SACC, said:
"CACI has so far escaped any legal sanction over its involvement in torture at Abu Ghraib. Even if the lawsuits currently proceeding against CACI are eventually successful, CACI will still have avoided having to answer for its actions under criminal law. Yet Barbara Dowling is being accused of a criminal offence because she allegedly left some blank spaces on her census form. Scotland's legal system is on the brink of making a fool of itself. The charges should be dropped."
ENDS
Notes
For more background about Scotland's census, see:
http://www.ethicalcensus.org.uk For more information about the lawsuit agsinst CACI, see:
http://ccrjustice.org/ourcases/current-cases/al-shimari-v-caci-et-al
No CONcensus
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