Posts Tagged ‘Whitewash’

Ready to be let down.

datePosted on 15:32, November 30th, 2020 by Pablo

The Royal Commission of Inquiry (RCI) on the Christchurch terrorist attacks has tabled its report with the Governor General and Minister of Internal Affairs. The Report will be introduced to parliament and released to the public before Christmas. In the lead up to its release the office of the Department of Prime Minister and Cabinet consulted with a number of people, myself included, on how to go about managing the release. My advice was for the heads of the security agencies mentioned in the Report–the SIS and Police in particular–to front-foot the release because there was much skepticism that the Report would be anything but a whitewash and cover up. I mentioned that if systemic, institutional as well as individual failures, biases and blindness were not mentioned then the Report would be seen as exactly that. Other people suggested deeper engagement with immigrant ethnic groups, Maori, and being as transparent as possible.

Alas, the latter does not look like it will happen if early word about the Report is true. Remember, by its terms of reference the Report’s public findings and recommendations will not identify government officials mentioned in it. Nor will it contain information that is deemed sensitive on national security grounds. So, along with other limitations that I mentioned in an earlier post about it, the RCI was hamstrung from the start.

To be sure, I have not read either the findings or the recommendations so can do nothing other than speculate about them. But what I have read so far is this: the evidence from the killer as to how he planned the attack will be suppressed forever because it constitutes a “how to” primer for murderous copy-cats that identifies exploitable holes, flaws and deficiencies in NZ’s counter-terrorism defences and the advantages and opportunities presented to him by the wider context in which he planned and prepared the attacks. Moreover, the names of government officials mentioned in the Report will not only be redacted from the public version, but will be suppressed for thirty years, again on national security grounds.

Already, word has leaked that the Report will note how the firearms purchase and vetting regime failed in this instance due to legal loopholes and human folly. This was always going to be an easy way out for the State because after the attacks the government immediately pushed through law reforms governing certain types of firearms such as those used during the massacres (now being challenged by rightwing parties and groups), while blaming officers on the low end of the Police totem pole for not properly doing firearms license background checks absolves the higher-ups of any complicity in the matter. Nothing about systemic or institutional biases, failures or blindness is to be found in that sort of blame game.

Needless to say, some are not happy with these developments. Both the Federation of Islamic Associations of New Zealand (FIANZ) and Islamic Women’s Council of New Zealand (IWCNZ) have expressed serious concerns about the suppression order’s impact on issues of transparency and accountability by the agencies and individuals whose actions or inaction may have contributed to the events of March 15, 2019. This is notable because the RCI remit specified that the views of the NZ Muslim community should be given great consideration, to the point that a special Muslim Reference Group was set up to advise the Commission (although its advice was non-binding on the RCI).

Now, in the wake of the news about the selective long-term suppression of findings, both FIANZ and IWCNZ have released their submissions to the RCI. These include lengthy expositions about the myriad ways in which the Muslim community has been stigmatised, harassed, surveilled, vilified and attacked since 9/11 in the NZ media and society, and about how government agencies were indifferent at best and hostile at worst to the community as a whole, systematically ignoring the community’s very specific details of hate-based violence directed at them and repeated appeals for help. These submissions noted the government’s focus on Muslims as potential jihadis, including so-called “jihadi brides” and the infiltration of their houses of worship and community activity centres by agents of the State.

The submissions were extensive and well-documented, using everything from international to local human rights legislation and witness testimonies to provide proof that the global “War on Terror” had a very real, disproportionate and negative impact on NZ Muslims regardless of their affinity for extremism (it should be noted that no Muslim has been charged, much less convicted of an ideologically-motivated act of violence in NZ before or after 9/11. Two individuals have been jailed for having jihadist literature, a couple of converts have been killed in drone strikes abroad and the bumbling Pakeha jihadist remains imprisoned in Syria).

Meanwhile white supremacists in NZ organised, recruited, trained and encouraged each other on line, including threats against local Muslims. Yet they apparently were either not considered to be sufficient enough of a threat to warrant closer official scrutiny, or the security community had other priorities, or, as has been said repeatedly by various sources, the killer “flew under the radar” in the build up to the attacks because he had no association with local neo-Nazi communities (oh, and he was Australian). He had no enablers, no accomplices, no acquaintances–no one at all who, in spite of his travels to conflict zones and expressed hatreds, had a clue of what he was planning to do. There was no warning.

Yeah, right.

That NZ’s two leading Muslim organisations have now come out with what were originally non-public submissions detailing what in retrospect were obvious alarm bells is an indictment of the RCI and proof that fears of a whitewash may turn out to be justified.

Others are not as pessimistic. Some believe that the RCI will recommend throwing what amounts to “blood” money at the victims, their families and the Muslim community in general while engaging in a “whole of government approach” (the new bureaucratic buzzphrase, apparently) to the problem of ethnic, religious and/or race-based extremism and violence in Aotearoa. Some think that although names and evidence will be suppressed, behind closed doors action will be taken to hold decision-makers to account. There is a belief that the RCI will in fact fulfil its duty and detail the systemic and institutional failures that contributed by commission omission to the attacks. I am not so sure.

It could be that the pre-public release of selected aspects of the Report is being done by officials to prepare the ground for its full release (by lowering expectations from the non-Muslim community), or has been done by someone on the inside who is not happy with the Report. Either way, it has set up a situation where the truth will be obscured by official shading of what can be publicly known.

The bottom line is this. Long term evidence suppression is valid based on national security concerns about revelations involving sources, methods, evidence of capabilities/vulnerabilities and sensitive foreign relationships. Invalid reasons for suppressing names and evidence involve efforts at face-saving, whitewashing or cover ups of individual and/or institutional malpractice, incompetence, bias, blindness or negligence.

From what has been released so far, there is reason to presume that the Report will tilt more towards the latter than the former, and as a result New Zealand will have missed its moment of opportunity to address and remedy what were the “whole of government” failures that contributed to the darkest day in its modern history. Instead, it might well turn out to be the official equivalent of a lump of Xmas coal delivered to the cause of official transparency and accountability.

That would be a shame.

“You can’t handle the truth!”

datePosted on 15:07, April 4th, 2017 by Pablo

Well, no one should have been surprised that the government opted to not convene an inquiry into the allegations made in the Hager/Stephenson book Hit and Run. It preferred to let those accused “investigate” themselves and come up with an exoneration, then let the PM bad mouth the authors while wrapping himself in pseudo-sentimentality about the impact the accusations had on military families. SOP from National and the NZDF, especially in an election year.

Even though they may have forced a delay in ascertaining the truth as to what happened that August night in Afghanistan, they may have set themselves up for a bigger fall, albeit one that will cost taxpayers far more than if the inquiry had been done under the aegis of the Solicitor General, Inspector General of Intelligence and Security or some other reputable and independent local jurist. That is because if a state refuses to investigate allegations of war crimes committed by its troops, then that bumps up the matter to the International Criminal Court in The Hague. The ICC can be petitioned to open an investigation and launch prosecutions against those suspected of war crimes if a state refuses to do so, and that may eventually be the case here.

The government strategy at this point seems to be to refuse an inquiry and force interested parties to make a case under the Inquiries Act, in the courts under one or more Acts, or in international bodies like the ICC. That is expensive and time consuming, so those willing to challenge the NZDF’s self-exoneration must be well resourced and prepared for a lengthy legal battle. In the meantime crucial evidence may disappear, sources for the allegations may change their minds out of fear of reprisal, material inducements for non-cooperation with investigators may be offered–no one should be so naive as to think that those under potential scrutiny would not stoop to such things.

The government is also clearly banking on political pressure for an independent investigation waning rather than increasing in the weeks and months ahead. It is confident that political parties will focus on the election and the media will move on to other things over the next few news cycles and that the claims will be forgotten by the public in short course. There are grounds to believe that it may be correct in these assumptions, but that depends on how interested parties feel about matters of truth and accountability in public institutions such as the military.

The government could well be daring the likes of Rodney Harrison QC, Deborah Manning and Richard McLeod, who are representing the survivors of the alleged attacks and who successfully represented Ahmed Zaoui against the then-government’s mischaracterisation and detention of him as a dangerous terrorist, to take the case to the ICC. That is because although New Zealand is a member of the ICC, the US is not. Since the US Army provided the close air support for the raids and is implicated in the killings of civilians in the Hit and Run narrative, this means that a key part of any investigation–US complicity in the killing of innocents–will not receive US support or cooperation. In fact, the US is not a member of the ICC precisely because it does not want to see its soldiers or the authorities who command them ever face prosecution in The Hague. And without US participation, the presentation of the NZ side of the story would be incomplete at best, and thereby not a full account of what went down that fateful night. It is hard to mount an investigation or a prosecution, much less secure a conviction, without the participation of one of the principles involved. For a case to stand up in court a partial account of events is simply not enough without corroboration by others involved in the actions in question. This may be true for NZ courts as well as the ICC.

Even so, I am not sure that banking on US non-membership in the ICC is a winning strategy even if it adds to the costs and delays involved in establishing the truth and achieving justice for those needlessly harmed without cause. Refusal to participate in an ICC investigation could be worse for NZ’s reputation than agreeing to it and finding out that not all was as depicted by the NZDF version of event–even if war crimes were not committed.

The bottom line is that the government appears to be running scared with its quick acceptance of the NZDF clean up job. One video from a US helicopter and the NZDF report on the raid–a chronicle of events that leaves numerous questions unanswered, as pointed out by Selwyn Manning in the previous post–is all that it took to convince PM Bill English that all was hunky dory that night. Given that there were likely to be multiple camera angles and audio communications recorded during the raid by both the NZSAS as well as US forces for after-action de-briefings, the fact that just one served to convince the PM of the veracity of the NZDF account leaves me with only one simple conclusion with regard to Mr. English. In the words of Jack Nicholson playing a Marine Colonel under investigation for covering up a homicide at the Marine detachment stationed at Naval Base Guantanamo in the movie “A Few Good Men:”

YOU CAN’T HANDLE THE TRUTH!