Police spying against women activists termed unlawful and sexist by court in UK

COVERT BRITISH COPS IN GREEN AND SOCIAL ACTIVISM MOVEMENTS OVER THE LAST FOUR DECADES HAVE TRIED TO STIFLE ENVIRONMENTAL AND SOCIAL MOVEMENTS, DEVELOPED PERSONAL RELATIONS WITH ACTIVISTS, DEVASTATED MANY LIVES AND VIOLATED HUMAN RIGHTS. 

The Investigatory Powers Tribunal in UK handed down its ruling in Kate Wilson’s epic ten-year legal battle over the use of despicable undercover police against protest movements

The detailed, ground-breaking, 156-page ruling identified a “formidable list” of breaches of fundamental human rights by the Metropolitan Police without lawful justification in a democratic society.

Sexist discrimination

The Tribunal looked at evidence relating to the sexual relationships UCO Mark Kennedy had with Ms Wilson and a number of other women, and at the widespread practice of undercover officers (UCOs) deceiving women into intimate relationships, concluding that the police violated her Article 3 right to live free from inhumane and degrading treatment, as well as her Article 8 right to private and family life, and that they were guilty of sexist discrimination in their handling of her human rights.

The findings stressed that the police failed to put in place systems, safeguards or protections: training of UCOs in relation to sexual relationships was grossly inadequate.

There was a widespread failure of supervision of Mark Kennedy in his undercover role. The Tribunal ruled that the failure to prevent undercover officers entering into sexual relationships primarily impacted women[iv], to the extent that it amounted to sexist discrimination under Article 14.

“Don’t ask, don’t tell”

The Tribunal noted that the evidence showed a disturbing lack of concern on the part of the police about the impact on women of introducing undercover officers into their lives, and the likelihood that those officers would seek to have sex. The ruling stressed that the sexual relationship Ms Wilson was deceived into by Mark Kennedy was conducted with the knowledge of his principal cover officer, and that his deployment manager[v], and other senior officers of Detective Chief Inspector (DCI) level and above knew (or chose not to know) about the sexual relationship, concluding that the National Public Order Policing Unit’s approach to its officers having sex while undercover was one of “don’t ask, don’t tell”.

Unlawful operations violated the right to protest

Kate was spied on by 6 undercover cops. From left to right: Jim Boyling, Jason Bishop, Rod Richardson, Mark Kennedy, Lynne Watson & Marco Jacobs.

The ruling did not stop at the sexual relationships, as the Tribunal found that police took steps to interfere with Ms Wilson’s political rights to hold opinions and with her Article 10 and 11 rights to freedom of expression and association; as well as violating her right to a private and family life.

The ruling stressed that the police had failed to give any proper consideration or put structures in place to limit collateral intrusion into the private lives of Ms Wilson or anyone else coming into contact with the operations. They described the breadth and open-ended quality of the authorisations for Mark Kennedy’s operation, which were virtually meaningless as any kind of protection, calling the operation a “fishing expedition”.

They ruled that the right to hold opinions and exchange information and ideas must include the right to do so without attracting the attention of the police, and being monitored and placed under surveillance. They concluded that in this case the claimant’s political views were the reason why she was subject to surveillance.

“disturbing and lamentable failings at the most fundamental levels.”

The judgment also criticised the Metropolitan Police conduct of the case, stating that many contemporaneous documents “crie[d] out for an explanation”, and that there was “no reason that we can see why we were not provided with a statement from a witness with direct knowledge of these matters”. The factual evidence provided by the police was deemed “unsatisfactory”, and the ruling noted that, were it not for Ms Wilson’s tenacity and perseverance, “much of what this case has revealed would not have come to light”.

The ruling concludes

“This is a formidable list of Convention violations, the severity of which is underscored in particular by the violations of Arts 3 and 14. This is not just a case about a renegade police officer who took advantage of his undercover deployment to indulge his sexual proclivities, serious though this aspect of the case unquestionably is. Our findings that the authorisations under RIPA were fatally flawed and the undercover operation could not be justified as “necessary in a democratic society”, as required by the ECHR, reveal disturbing and lamentable failings at the most fundamental levels.”