Liberty
&
The Civil Liberties Trust
2003
Annual Review
protecting civil liberties
promoting human rights
Introduction
Shami Chakrabarti by Christopher Cox
I took over from John Wadham in September knowing that his was going to be a hard act to follow but, I don’t think, fully
realising the enormity of the task facing us all.
I had only been in post a few weeks when our lawyers were contacted by protesters involved in a peaceful lobby of an arms fair
being held in London’s Docklands. They had been served with section 44 notices under the Terrorism Act and told, in effect,
that they had lost their right to protest. We subsequently discovered that the whole of the Metropolitan Police area had been
designated as an area where police could use anti-terrorism powers to stop, search and disperse people. As our founder did in
1934, Liberty sent teams of legal observers to monitor demonstrations. We also sought a Judicial Review of the police use of
the powers in Docklands. We lost our case but won the right to appeal and, significantly, a ruling there was genuine concern
that the powers were being used not to combat terrorism, but suppress legitimate protest.
2003 saw new threats to privacy from the Government and private sector, the undermining of fair trial rights, and vulnerable
asylum seekers made destitute by unjust new laws. It saw the second anniversary of the detention, without charge or trial, of
terrorist suspects in high security jails in the UK.
But there was also cause for celebration. Liberty welcomed reforms assuring the equal rights of transpeople; and proposals to
allow same-sex partners the same legal rights as heterosexual married couples. Both the result of decades of campaigning and
lobbying – not least by Liberty – it was heartening to have something to welcome in a time when our fundamental freedoms and
rights are under such sustained attack.
Liberty and the Civil Liberties Trust remain dependent on all those who give their time, money, and expertise so generously.
This includes the thousands of members, the many excellent volunteers, the staff and Directors. We are indebted to the many
trusts and foundations which support our charitable work, the generosity of individuals, and those who remembered our work
in their wills.
Thank you all.
Shami Chakrabarti
Director of Liberty and
the Civil Liberties Trust
1
Contents
What are Liberty and the Civil Liberties Trust?
1
Education, Advice, Training and Research
2&3
Successes and Challenges
4&5
Financial Reports
6&7
2003 in Numbers
8
Who we are
8
protecting civil liberties
WhatLiberty
is ?
Liberty believes in a society based on the democratic
participation of all its members and on the principles of
justice, openness, the right to dissent and respect for
diversity. Accordingly we aim to secure the equal rights and
liberties of everyone (insofar as they do not infringe on the
rights and liberties of others) and oppose any abuse of
excessive use of power by the state against its people. We
also recognise that the erosion of civil liberties often begins
with attacks on the rights of those who are marginalised
within society – such attacks undermine the rights of us all.
Liberty pursues its mission by:
• Public campaigning and parliamentary lobbying
• Legal advice, education and test cases
• Research and policy development
WhatThe
is Civil Liberties Trust?
The Civil Liberties Trust provides legal advice, education and
The Civil Liberties Trust’s objects are:
research into human rights and civil liberties issues. It works
• The promotion of domestic human rights including the
in parallel with Liberty and is based in the same building.
elimination of the infringement of those rights and the
The Trust does not employ staff but pursues its objectives
promoting of effective remedies following any breach,
by funding Liberty to carry out specifically charitable work.
for the benefit of the public.
Most of the Trust’s direct charitable expenditure is
represented by grants to Liberty to fund work in the areas of
information, research, publications, advice and legal services.
• The provision of legal advice, assistance and representation
on human rights and civil liberties to those unable to pay for it.
• The provision of educational material and information on
civil liberties and human rights.
• The undertaking and promotion of research into civil
liberties and human rights.
proMOTING HUMAN RIGHTS
1
EDUCATION ADVICE
Since the first advice work in 1970, Liberty has
In 2003 Liberty’s telephone and written advice services were
established itself as an important source of help for
funded by the City Parochial Foundation and the Association
people who need advice about their rights.
of London Government.
Legal Advice Line
Your Rights - Website and Book
Liberty’s legal advice line provides free advice to those who
Liberty’s online guide to human rights and civil liberties,
believe their human rights or civil liberties have been
www.YourRights.org.uk, continues to draw many individuals
breached. The line is open for six hours a week, offering
seeking information and advice about their rights. This site
advice on subjects from workplace surveillance to complaints
provides comprehensive information on rights and freedoms,
against the police. The line is supervised by Liberty’s legal
with particular attention to the effect of the incorporation of the
team and staffed by volunteer solicitors and barristers who
European Convention on Human Rights under the Human
generously give their time and expertise. The demand for this
Rights Act 1998.
service is extremely high - in 2003 we received nearly 3000
calls for advice.
In December 2003, the advice line was
awarded the Community Legal Service Quality Mark.
The website is fully accessible and includes a forum where
members can share ideas and find practical solutions to
common problems. Those in need of more detailed advice can
send us their query through a secure, online form. In 2003
Written Advice
around 300 people visited the site each day and the online
In 2003, Liberty received nearly 4000 written requests for
forum had over 150 members.
advice and assistance – submitted by post, e-mail and
In December 2003 the website was awarded a Community
through use of our online query form. The queries give us an
Legal Service Quality Mark for Websites. The website and
insight into the issues and problems concerning members of
YourRights tailored email advice service is supported by the
the public and are an important source of potential test cases.
Community Fund, and is an excellent resource for the public
In order to deal with such a large number of queries, our
and advisers alike.
Advice and Information Officers are assisted by a number of
volunteers who carry out research and draft responses.
Work on the eighth edition of Liberty’s Guide to Your Rights
began in 2003, and will be published in August 2004. This new
...RESEARCH
Deaths in Custody - reform and redress was published at the end of a year
long research project. The testimony of families who have struggled with an
opaque and inadequate process of investigation and remedy contributed to
the demand for reform. The report, funded by the Nuffield Foundation and
commissioned by the Civil Liberties Trust, laid out the flaws in the current
system of investigation and made key recommendations for change.
Liberty represented the families of several men who have died in custody:
Christopher Alder’s death in 1998 led – after a lengthy fight – to the
prosecution of five police officers. The trial collapsed in 2002. The case is
now bound for the European Court; in April the police re-opened disciplinary
proceedings against five officers.
Christopher Edwards’ death and his parents' eight-year battle for the truth
culminated in an historic European Court victory, when the UK was found to
be in breach of its Article 2 duty to protect Christopher's life and to investigate
fully after his death.
Liberty hopes this report will help achieve positive change and reduce the
likelihood of experiences like that of the Alder and Edwards families from
being repeated.
2
“The European Court ruled that
Christopher had been denied his
right to life and that we had been
denied our right to both an effective
investigation and a remedy...
We trust that the Government is
giving urgent thought to changing
the nature of investigations to
overcome the defects the Court
found. This new Liberty report
should be accepted as a valuable
input into this process of review”.
protecting civil liberties
TRAINING...
edition will include an overview of the Human Rights Act 1998,
and advisers are fully equipped to represent their clients.
a guide to finding legal resources, and two new chapters. The
Liberty is very grateful to the immigration team at Two Garden
contributors are expert lawyers who have generously donated
Court Chambers and Linklaters, respectively, for their
their time and expertise.
expertise and support.
In partnership with Rights of Women we ran a free human
Advice and Training for Legal Advisers
rights workshop for women working in small, community
Liberty, in partnership with the Public Law Project, operates a
organisations. Women from all over the country came to learn
specialist advice service for solicitors and advisers. The
how human rights are applicable to their lives and those they
Human Rights and Public Law Line provides immediate,
advise and support.
expert guidance on human rights and public law problems. In
2003 our lawyers dealt with 354 different matters, helping legal
advisers nationwide understand when and how to make a
human rights claim for their clients. For the second year
running Liberty’s lawyers provided in-house training, tailored
to the needs of delegates. In 2003 they provided training in
Anglesey, Bristol, Goole, London, Newcastle and Stockton-
LEGAL ADVICE LINE
For confidential, free, advice on human rights issues:
0845 123 2307
6.30pm – 8.30pm
Monday and Thursday
12.30pm – 2.30pm Wednesday
on-Tees. The advice and training service is funded by the
Legal Services Commission.
HUMAN RIGHTS AND PUBLIC LAW LINE
Training, Education and Outreach
In addition to the nationwide in-house human rights training
provided by Liberty’s lawyers, we organised and participated
in a range of training, education and outreach events. We
continued to run our biannual updater on the human rights
For specialist guidance on human rights and public law,
for lawyers and advisers with Legal Services
Commission contracts:
0808 808 4546
2pm – 5pm
10am – 1pm
Monday and Wednesday
Tuesday and Thursday
impact of asylum legislation, ensuring high street solicitors
Promoting the Rights of Victims
The Rights of Victims - a Manifesto for Better Treatment of
Victims in the Criminal Justice System considered the
current framework of rights that exists for victims, and
identified areas in which their needs are not being met.
Published by the Civil Liberties Trust, it contains a series of
recommendations outlining what can be done on a practical
level without compromising the fundamental principles of
our criminal justice system. With research conducted in
collaboration with Victim Support, Liberty hopes that this
report will help achieve fairer treatment of victims without
sacrificing the rights of defendants.
Audrey Edwards, speaking at the launch
of Liberty’s report into the investigation of
deaths in custody.
Above: Janet Alder at the launch of Liberty’s
report Deaths in Custody: Reform and Redress
by Helen Atkinson
proMOTING HUMAN RIGHTS
3
SUCCESSES AND
In 2003 we faced a number of new challenges and achieved some key successes. Here are just a few.
Equality
• Liberty welcomed proposals to give same-sex partners the
same rights over pensions, inheritance tax, property, and
Asylum
• In partnership with refugee, asylum and housing
organisations, Liberty mounted a swift and coordinated
social security benefits as married heterosexual couples.
attack on the law which threatened to see thousands of
• Legal action by Liberty led to the Child Support
people denied shelter and food, and facing a desperate
Commissioners ruling that it is unlawful to treat a parent who
is living with a partner of the same sex differently from one in
situation in the middle of winter.
•
a heterosexual relationship.
By denying asylum seekers state support, in addition
to forbidding them from working, the Government
effectively forced them to beg, steal, prostitute
• Following two landmark cases, Goodwin and I, in which
Liberty intervened, we welcomed proposals to give
themselves or die on Britain’s streets.
•
transpeople equal rights.
Liberty argued that the new rule on benefits amounted
to cruel, inhuman and degrading treatment. Following
our intervention, with the Joint Council for the Welfare of
• A Liberty court victory led to proposals to create a voluntary
Immigrants, the High Court found that it is potentially
register to enable contact to be made between adults
degrading to deny people both the right to work and any
conceived by sperm, egg and embryo donation and their
access to support. The system operated by the
natural parents.
Government was deemed unfair, unjust and inflexible.
Privacy
• In the European Court of Human Rights Liberty won a landmark
however, of a significant Cabinet opposition to their plans with
legal case about privacy and CCTV. Footage of our distraught
a number of ministers concerned at the impact on civil
client with a knife (he was attempting suicide) had been shown
liberties; the high cost of a scheme; and the implausibility of a
on television, making no attempt to mask his identity. The Court
card deterring a determined criminal. Liberty remains
ruled there had been a "serious interference" with his right to
resolutely opposed to the introduction of a national identity
respect for his private life, and that there was a failure to take
card scheme.
adequate steps to protect his interests. This significant
judgment emphasises the obligation of CCTV operators to
protect the interests of people that are filmed.
• In 2003 the Government boasted that over two million people
now have their DNA registered nationally. The process that
began with the collection of samples from convicted criminals
4
• The Prime Minister and the Home Secretary joined forces to
was extended to cover those charged with an offence and is
argue for the introduction of a national ID card. Both claimed
now to include anyone, and everyone, questioned by the police
that the introduction of such a card would help in the ‘war on
in connection with an offence. Despite the obvious intent to
terrorism’, as, indeed, it would also help to combat illegal
create a national DNA database, the Government has shown a
immigration, street crime, benefit fraud. There was evidence,
marked reluctance to engage in public debate on the issue.
protecting civil liberties
CHALLENGES
National Security
• Liberty took up the cause of 11-year-old Isabelle EllisCockcroft who had been stopped and searched by police
using anti-terrorism powers. Isabelle was taking part, with
her father, in an anti-war protest at an airbase in
Gloucestershire. The case generated a great deal of media
coverage and we published a pamphlet 'Casualty of War',
detailing how the ‘section 44’ anti-terrorism powers were
being used against peaceful protestors.
•
A similar action was brought on behalf of anti-arms trade
protesters served with section 44 orders during a London
Dockland's protest. Liberty received support from all the
London mayoral candidates for highlighting the issue. The
case was lost but we won the argument on costs and were
granted the right to appeal.
•
Liberty was successfully involved in negotiations with the
Metropolitan Police to ensure that peace protesters were
not prevented from demonstrating against the visit of US
11 year old Isabelle Ellis-Cockcroft being issued with a
Section 44 notice under the Terrorism Act 2000.
By Dave Cockcroft
President, George Bush.
• Liberty took on the case of Katharine Gun, a
• 2003 marked the second anniversary of the internment
'whistleblower' who leaked an email memo sent to GCHQ
without trial of 14 terrorist suspects. We organised a well-
in Cheltenham, where she worked as a translator. The email
attended public lecture by Gareth Peirce, the solicitor
was written by American intelligence officials and asked
acting for many of the detainees; orchestrated a letter of
Britain to bug the telephones of members of the United
protest by religious leaders, published in the Guardian; and
Nations’ Security Council in the lead-up to a crucial vote in
lobbied the media to report on ‘Britain's Guantanamo Bay.’
the final fortnight before the war in Iraq began.
• In the name of protecting children, in future every infant born
if and how the technology could be used in a manner that did
in the UK will be issued with an ‘individual reference number’.
not compromise individual privacy. We received a similar
Liberty appreciates and supports the Government’s intention
approach from all of the major mobile phone networks to
to improve child protection by creating a framework for
discuss the related issue of the tracking of individuals through
information sharing, however remains concerned that so much
their mobile phone use.
information would be flowing to so many sources that children
genuinely at risk might not be identified.
• The Regulation of Investigatory Powers Act 2000 (RIPA) was
significantly amended in 2003 to dramatically increase the
• 2003 saw the emergence of ‘Radio Frequency Identification’
number of governmental organisations allowed to intercept
(RFID) as the new retailing buzz words. A number of large
and eavesdrop on phone calls and email, and to place ‘covert
supermarkets are experimenting with the insertion of RFID
human intelligence sources’ (spies) in private companies and
tags onto goods. The tags transmit data such as identification
charities. Previously such covert surveillance was restricted to
or location information, or specifics about the product tagged
a limited number of public bodies, including the police and the
(price, colour, date of purchase). Liberty expressed serious
intelligence services. Liberty expressed serious reservations
privacy concerns and was approached by retailers to discuss
about the extensions of the powers.
proMOTING HUMAN RIGHTS
5
Finances
Liberty
INCOME AND EXPENDITURE FOR THE YEAR ENDED DECEMBER 31, 2003
2003
£
357,571
227,863
218,045
5,813
2002
£
491,250
215,326
293,785
8,065
809,292
1,008,426
EXPENDITURE
Project expenditure
Legal work
Training and events
Membership and fundraising
Campaigns and publicity
Management and administration
246,784
163,032
21,504
201,038
124,801
214,980
339,037
165,545
23,853
169,252
56,947
225,013
Total expenditure
972,139
979,647
41,277
194,116
(104,751)
50,393
355,125
(112,029)
130,642
293,489
4,719
6,373
2,923
41,000
82,000
138,116
50,000
99,000
130,642
293,489
INCOME
Grants, donations and legacies
Membership subscriptions
Legal and other earned income
Interest receivable
BALANCE SHEET AT DECEMBER 31, 2003
Fixed assets
Current assets
Creditors
Net assets
Restricted funds
Unrestricted funds:
General fund (see below)
Fixed assets reserve
Legacies reserve
Total funds
BOARDS’ STATEMENT
These summarised accounts have been extracted from the full annual financial statements of The
National Council for Civil Liberties (the Company) and The Civil Liberties Trust (the Charity) prepared in
accordance with the Companies Act 1985, which were approved by the Boards of the Company and
Charity respectively on 14 April and 21 June 2004. The full annual financial statements have been
audited and the auditors’ opinion was unqualified. The full annual report and financial statements are
to be submitted to the Registrar of Companies. These summarised accounts may not contain sufficient
information to allow for a full understanding of the financial affairs of the Company and of the Charity.
For further information the full financial statements, the auditors’ report on those financial statements
and the Boards’ annual reports should be consulted. Copies of these may be obtained from the
Secretary at 21 Tabard Street, London, SE1 4LA.
21 June 2004
6
protecting civil liberties
Finances
Civil Liberties Trust
INCOME AND EXPENDITURE FOR THE YEAR ENDED DECEMBER 31, 2003
INCOME
Donations, legacies and similar
Activities in furtherance of objects
Interest receivable
2003
£
167,232
44,843
574
2002
£
212,899
46,371
1,499
Total income
212,649
260,769
EXPENDITURE
Costs of generating funds
Grants payable to Liberty
Other charitable expenditure
853
168,072
11,308
1,933
194,109
16,902
Total expenditure
180,233
212,944
BALANCE SHEET AT DECEMBER 31, 2003
Fixed assets
Current assets
Creditors
322,259
27,424
(42,605)
327,499
24,160
(76,997)
Net assets
307,078
274,662
Restricted funds
Unrestricted funds
General fund
Fixed assets reserve
9,563
290,000
24,662
250,000
Total funds
307,078
274,662
INDEPENDENT AUDITORS' STATEMENT
7,515
Gotham Erskine, Chartered Accountants & Registered Auditors London EC2A 4NJ
We have examined these summarised accounts, which comprise the Income and Expenditure
Accounts and Balance Sheets of The National Council For Civil Liberties and The Civil Liberties Trust.
Respective responsibilities of Boards and Auditors
The summarised accounts are the responsibility of the Boards. Our responsibility is to report our
opinion on the consistency of the summarised accounts with the full annual reports and financial
statements. We also read the other information contained within the Annual Review and summary
accounts and consider the implications for our statement if we become aware of any apparent
misstatements or material inconsistencies with the summarised accounts.
Basis of opinion
We have carried out the procedures we considered necessary to ascertain whether the summarised
accounts are consistent with the full annual financial statements from which they have been prepared.
Opinion
In our opinion the summarised accounts are consistent with the full audited Annual Reports and
Financial Statements of The National Council for Civil Liberties and The Civil Liberties Trust for the year
ended 31 December 2003.
proMOTING HUMAN RIGHTS
7
Who we are
Liberty Council
Paul Bogan
Bill Bowring
Christine Burns
Frances Butler
Robin Cherney
Karen Chouhan
Barbara Cohen
Madeleine Colvin
Ciaran Conaghan
Rufus D’Cruz
Monica Dyer
Michael Ellman
Joanna Evans
Pam Giddy
Stephen Grosz*
Alex Hamilton
Jan Johannes
Sadiq Khan
Francesca Klug
Doreen Lawrence
Sarah Ludford MEP
John Lyons
Daniel Machover
Scarlett MccGwire
Mike McColgan
Maleiha Malik
Claude Moraes MEP
Trevor Phillips
Margaret Prosser
Rod Robertson
Lou Simans
Satnum Singh
Richard Stone
Martin Stott
Veena Vasista
Yasmin Waljee
Glenroy Watson
Mazin Zeki
* retired in 2003
Liberty Directors
Rufus D’Cruz
Michael Ellman
Joanna Evans
Sadiq Khan (Chair)
John Lyons (Vice-Chair)
Mike McColgan
Scarlett MccGwire
Rod Robertson
Martin Stott (Treasurer)
Liberty Staff
Megan Addis
Mona Arshi
Roger Bingham
Paolo Bruni
Gemma Cannings
Shami Chakrabarti
Gareth Crossman
Lyndsey Dolan
Sabina Frediani
Caoilfhionn Gallagher
Alex Gask
Joanna Gavan
Zoe Gillard
Barry Hugill
Geraldine Ismail
James Kirton
Meghna Khanna
Ren Kukanesen
Mark Littlewood
Ian Livett
Steven Montgomery
Penelope Morrow
Yvette Mungaroo
Gayle Noel
Stephen Povey
Bushra Razaq
Tazeen Said
Joanne Sawyer
Frances Sheahan
John Wadham
James Welch
Volunteers and Interns
Margaret Allen
Thuraya Al-Saidi
Rosina Aman
Rachel Blaine
Rosa Curling
Andrea Curti
Gillian Ferguson
Susannah Gale
Katherine Haddon
Jon Heard
Fiona Higgins
Refel Ismail
Rachel Joyce
Kathryn Kenny
David Khan
Shona Laing
Nic Mazanec
Mhairi McGhee
Niamh McClean
Kavita Modi
Ayesha Mohsin
Giles Newell
Michael Nobel
Leina Ogunde
Jason Pollard
Georgina Pope
Sarah Pray
Jen Roden
Julia Seifer-Smith
Lucie St Laurant
Sarah Stephanel
Nicola Stylianou
Djamshid Turdaliev
Sarah Wilkinson
Farah Ziaulla
George Zachary
Liberty is dependant upon
the time and skills which our
excellent volunteers give to
our work. Thank you all.
Trustees of the Civil
Liberties Trust
Malcolm Hurwitt
Christine Jackson (chair)
Sadiq Khan
John Lyons
Fiona MacTaggart MP*
Rod Robertson
Annie Sedley
Martin Stott
Leslie Thomas
* retired during 2003
Financial Advisor to the Trust:
Simon Erskine
2003 in numbers…
2844
78
human rights cases Liberty’s
lawyers were involved in
354
different human rights matters
dealt with by Liberty’s lawyers
on the Human Rights and
Public Law Line
8
3956
letters from the public
requesting legal help or
advice
telephone calls from people
around the country asking
for advice from Liberty’s
public helpline
24
policy papers responding for
Government consultations or
select committees with a civil
liberty or human rights concern
protecting civil liberties
Thank you
Liberty is grateful to all the
individual lawyers who give their
time and expertise to providing
guidance and help on the
Liberty legal advice line.
Particular thanks are due to the
teams of volunteers from Allen &
Overy, Clifford Chance, 39 Essex
Street Chambers and Freshfields
Bruckhaus Deringer.
Liberty wishes to thank
Allen & Overy
Association of
London Government
Barbican Arts Centre
BPP Law School
Cleary Gottlieb
Clifford Chance
The Community Fund
Dechert
39 Essex Street Chambers
Freshfields Bruckhaus Deringer
General Council of the Bar
Herbert Smith
Institute of Legal Executives
The Law Society of England
and Wales
Legal Services Commission
Linklaters
London School of Economics
and Political Science
Matrix Chambers
SJ Berwin
Two Garden Court Chambers
UNISON
Liberty thanks Allen & Overy,
Clifford Chance, Herbert Smith
and Linklaters for seconding
trainee solicitors and hosting
fundraising events throughout 2003.
The Civil Liberties Trust
wishes to thank
AB Charitable Trust
Eleanor Rathbone
Charitable Trust
Esmée Fairburn Charitable Trust
Eva Reckitt Trust
Joseph Rowntree
Charitable Trust
Lyndhurst Settlement
Peter Minet Charitable Trust
Polden Puckham
Charitable Foundation
Network for Social Change
Nuffield Foundation
Rowan Trust
Stone Ashdown Trust
(formerly Lord Ashdown
Charitable Settlement)
Steel Charitable Trust
Clockwise from above:
Liberty supporters raising funds on a
sponsored cycle ride.
Larry Grant, who in 1970 became Liberty’s first
legal officer, died in 2003.
Gemma Cannings after her sponsored skydive
to raise funds for the Civil Liberties Trust.
Liberty’s criminal justice campaigner
Bushra Razaq with newscaster Jon Snow
at John Wadham’s farewell party.
John Wadham who left Liberty after 13 years,
at the launch of the Deaths in Custody Report.
By Helen Atkinson
proMOTING HUMAN RIGHTS
9
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