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Ark Academy Sally Morgan's Husband John Lyon at Liberty
Ark Academy Sally Morgan's Husband John Lyon at Liberty
Ark Academy Sally Morgan's Husband John Lyon at Liberty
&
The Civil Liberties Trust
2003
Annual Review
protecting civil liberties
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.
Contents
Shami Chakrabarti
What are Liberty and the Civil Liberties Trust? 1
Director of Liberty and
the Civil Liberties Trust Education, Advice, Training and Research 2&3
2003 in Numbers 8
Who we are 8
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 • The provision of legal advice, assistance and representation
represented by grants to Liberty to fund work in the areas of on human rights and civil liberties to those unable to pay for it.
information, research, publications, advice and legal services. • 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.
...RESEARCH
Deaths in Custody - reform and redress was published at the end of a year “The European Court ruled that
long research project. The testimony of families who have struggled with an
opaque and inadequate process of investigation and remedy contributed to Christopher had been denied his
the demand for reform. The report, funded by the Nuffield Foundation and right to life and that we had been
commissioned by the Civil Liberties Trust, laid out the flaws in the current
system of investigation and made key recommendations for change. denied our right to both an effective
Liberty represented the families of several men who have died in custody: investigation and a remedy...
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 We trust that the Government is
now bound for the European Court; in April the police re-opened disciplinary giving urgent thought to changing
proceedings against five officers.
Christopher Edwards’ death and his parents' eight-year battle for the truth the nature of investigations to
culminated in an historic European Court victory, when the UK was found to
overcome the defects the Court
be in breach of its Article 2 duty to protect Christopher's life and to investigate
fully after his death. found. This new Liberty report
Liberty hopes this report will help achieve positive change and reduce the
should be accepted as a valuable
likelihood of experiences like that of the Alder and Edwards families from
being repeated. input into this process of review”.
Audrey Edwards, speaking at the launch Above: Janet Alder at the launch of Liberty’s
of Liberty’s report into the investigation of report Deaths in Custody: Reform and Redress
deaths in custody. by Helen Atkinson
Equality
• Liberty welcomed proposals to give same-sex partners the Asylum
same rights over pensions, inheritance tax, property, and • In partnership with refugee, asylum and housing
social security benefits as married heterosexual couples. organisations, Liberty mounted a swift and coordinated
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 situation in the middle of winter.
is living with a partner of the same sex differently from one in • By denying asylum seekers state support, in addition
a heterosexual relationship. to forbidding them from working, the Government
effectively forced them to beg, steal, prostitute
• Following two landmark cases, Goodwin and I, in which themselves or die on Britain’s streets.
Liberty intervened, we welcomed proposals to give • Liberty argued that the new rule on benefits amounted
transpeople equal rights. 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 • In 2003 the Government boasted that over two million people
protect the interests of people that are filmed. now have their DNA registered nationally. The process that
began with the collection of samples from convicted criminals
• 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.
• 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.
2003 2002
INCOME £ £
Grants, donations and legacies 357,571 491,250
Membership subscriptions 227,863 215,326
Legal and other earned income 218,045 293,785
Interest receivable 5,813 8,065
809,292 1,008,426
EXPENDITURE
Project expenditure 246,784 339,037
Legal work 163,032 165,545
Training and events 21,504 23,853
Membership and fundraising 201,038 169,252
Campaigns and publicity 124,801 56,947
Management and administration 214,980 225,013
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
2003 2002
INCOME £ £
Donations, legacies and similar 167,232 212,899
Activities in furtherance of objects 44,843 46,371
Interest receivable 574 1,499
EXPENDITURE
Costs of generating funds 853 1,933
Grants payable to Liberty 168,072 194,109
Other charitable expenditure 11,308 16,902
INDEPENDENT AUDITORS' STATEMENT 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.
2003 in numbers…
78 human rights cases Liberty’s
lawyers were involved in
2844 telephone calls from people
around the country asking
Liberty (the National Council for Civil Liberties) is a company limited by guarantee.
Company registration number: 3260840