Week 8: Extra-judicial killings

Awake, arise, you drowsy sleeper
Awake, arise, it’s almost day.
No time to lie, no time to slumber,
No time to dream your life away.

It was a gorgeous summer's morning
It was a gorgeous summer's day.
His cotton jacket was all he carried
As he walked out to face the day...

Not so much a blog post this week, more a series of questions for you to think about. They follow on from the seminar, which looked at the shooting of Jean-Charles de Menezes in July 2005.

What if they'd got the right man?

The operation which led to the shooting of de Menezes was a horrific example of poor communication and lack of co-ordination. The initial failure to identify de Menezes was compounded by failures of leadership and organisation, culminating in the public execution of an innocent man. Public opinion was outraged, and counter-terrorist policing has never been quite so aggressive since. But what if the man the police followed to Stockwell Underground had been Hussain Osman - perhaps Hussain Osman on the run, unarmed, without any explosive, posing no danger to anyone? Would the police have faced any kind of prosecution, or even criticism?

Shouldn't somebody have said he wasn't the right man?

On the face of it, this seems to be a very straightforward failing: nobody (including Cressida Dick) was willing to step up and say, "I don't think this is our man, everybody stand down". The trouble is that nobody knew that de Menezes wasn't the right man. Members of the surveillance team expressed doubts, but nobody was prepared to say that they were absolutely certain. Back in the operations room, Cressida Dick heard the reports that people were doubtful, but she wasn't prepared to convert that doubt into certainty either. The underlying problem was that the stakes were too high: if there was any realistic possibility that de Menezes was one of the bombers from the day before, and that he was planning another explosion, the police couldn't take the risk of letting him go. But they could only establish that he wasn't Hussain by stopping and questioning him - and they weren't about to do this, because this was a Kratos operation.

Or was it?

Apparently a Kratos codeword was never given, so strictly speaking this wasn't a Kratos operation. However, what happened when the firearms unit got to the tube station suggests very strongly that they, at least, were thinking in terms of a Kratos operation: in other words, intelligence tells you who the suspect is, and you neutralise the suspect without trying to make an arrest (since if you try and arrest a suicide bomber he's likely to blow himself up, taking you with him).

Whether Kratos was officially invoked or not, the de Menezes shooting demonstrates the awful contradiction at the heart of Kratos and similar policies. On one hand, suicide bombers can't realistically be arrested, so identifying somebody as a suicide bomber is essentially a death sentence (something which suicide bombers, by definition, can't really complain about). On the other, suicide bombers can do a great deal of harm, so even the smallest suspicion that somebody is a suicide bomber should make the police take action. But what can that action be? Arresting the suspect or even talking to him or her is a risk that the police can't afford to take, if they're dealing with an actual suicide bomber - but they can't always know for certain whether they are. In effect, Kratos means that the police are committed to using lethal force with or without adequate information. Sooner or later it was bound to go horribly wrong. Perhaps we were lucky that it was 'sooner'.

There's one more unanswered question:

What was actually going on when de Menezes was shot?

We don't know what was going through the minds of the main participants, and it's quite hard to reconstruct. If "Ivor" thought that de Menezes was a suicide bomber, why did he sit so close to him - and why, in particular, did he drag him back onto the seat and hold him down? Wouldn't that be insanely dangerous? But if he didn't think de Menezes was a suicide bomber, why did he point him out to the armed officers (instead of, perhaps, shaking his head) - and why did he then, essentially, hold de Menezes down to be executed? The questions for the armed officers are similar: if they didn't think de Menezes was a suicide bomber, why did they shoot him repeatedly in the head? And if they did think he was a suicide bomber, why on earth did they get so close? A related question has to do with policy and training. Presumably what they did on the tube train wasn't something the firearms officers thought up themselves on the spur of the moment; presumably they were following procedure. Does police procedure for dealing with suicide bombers involve executing the suspect at point-blank range?

Awake, arise, you drowsy sleeper
Awake, arise, it’s almost day.
No time to lie, no time to slumber,
No time to dream your life away.

It was a gorgeous summer's morning
It was a gorgeous summer's day.
His cotton jacket was all he carried
As he walked out to face the day.

Jean-Charles de Menezes, 1/7/1978 - 22/7/2005