Iván Ramírez: The Last in the Andino Case to be Freed (after nearly four years in jail)

Gearóid Ó Loingsigh

(Reading time: 6 mins.)

(16/04/2021)

Iván Ramírez was the last of those arrested for the Andino Case to be freed by the Colombian authorities after spending almost four years arrested as part of the legal frame up.  I spoke to him a number of weeks after his release.

Ivan Ramirez, managing to smile after his ordeal (Photo: G.Ó.Loingsigh).

Iván graduated from the National University as a sociologist and before his arrest he worked for the National Centre for Historical Memory (CNMH) as part of an accord with the official German international aid agency GIZ.  His work consisted of carrying out workshops to collate information on the murders and massacres committed against members of the Unión Patriótica in the department (administrative area) of Meta in order to build a Memory Centre in the city of Villavicencio.  This centre was never built and when his house was raided the Police took various files collected as part of his work.  He also worked on the issue of the infamous Massacre of Trujillo, carried out by the Third Division of the Army whose boss, not to say capo, Manuel Bonnet Locarno would become the highest commander of the State’s armed forces.  There was a chance of continuing to work with this body, but his arrest put paid to any hope of a new job with them and he went on to be part of another nefarious chapter in the Colombian State’s war on its own people.

At that time, I didn’t think about it, but neither was I unaware that the activity I was engaged in — e.g. academic or professional life — could have certain consequences.  Well, looking at our national history and context, you realise no one is immune from ending up in prison or being murdered for political reasons.  So I never thought I would end up being part of a judicial frame up.  Obviously in the context that one looks at the background and cases of other people that were also sociologists who had been victims of frame ups, well it was always possible, but it wasn’t on my mind.

Prior to his arrest, two of the people he had known in Meta in the context of his work with the CNMH were murdered.  Little did he know that in a short time he would go on to be part of the sad story of the dirty war against social fighters and the judicial frame ups.  Neither did he know that documents related to his legal work with a state body would be presented in court as evidence against him.  Almost every researcher of the Colombian conflict has a copy of the report ¡Basta Ya! (Enough!) published by the CNMH.

It was not the only document that they took from his house as evidence.

There were also texts on the history of the insurgencies that are also academic works in Colombia and in the hearing they were introduced, as propaganda texts when when they were really academic documents and there was one on the Quintin Lame armed movement which was also published by the National Centre for Historic Memory.  They are publicly available documents and as a professional you have to study them.

A prosecutor has to be really stupid or desperate in the face of the weakness of his case to introduce such documents in a trial.  Amongst the credits for these documents are the name of ministers and high-ranking politicians such as Germán Vargas Lleras, Angelino Garzón the former Vice-President of the country and the publication was financed by the European Union, the Spanish Embassy and the official wing of the US government USAID.  It would seem that the Prosecutor saw subversives everywhere.  Though it should be pointed out that this type of manoeuvre is common and there are many cases where the prosecutors introduced widely published books as evidence.  It would seem, on occasions that the prosecutors have not even read the Penal Code, less still would they read literature or sociological texts.

The evidence against him was not the only farce, his arrest seemed like an episode of Key Stone Cops.

I was arrested four times.  The first time was in Bogotá on public transport. I was going to meet my partner at some workshops she was doing to start working at Compensar.  I was in a public transport bus at about four in the evening, I was going towards the centre.  I was in the bus and some motorised cops stopped the bus.  They took three people off it.  They asked for our I.D. and they gave the I.D. back to the two others and let them go.  They detained me under the pretext that I was supposedly a burglar.  There was a white van behind the bus and one of the cops told me to get into it and that my accomplice was in it. When they opened the van, there was a very suspicious looking guy inside and the first thought that went through my head, was that they are going to do something to me, kill me or disappear me.

He didn’t want to get in the van and told the police that he didn’t trust them, but even so, they took him to the Police Station as a suspected burglar and moved him from one place to another at all times as a suspected burglar.  At last they took him in handcuffs to his apartment, whilst they interrogated him about his family.  When he got there two secret police officers turned up to search his home.

They went into the house and went through absolutely everything.  It began at 7.30 P.M. and lasted till 2 A.M.  It was an irregular procedure, when house searches are carried out after 7 P.M. there must be a representative of a supervisory body present and there wasn’t.  In the preliminary hearings, I was freed due to the illegal nature of my arrest.

THE “TALIBAN”

He went to Sasaima, a county in Cundinamarca, near Bogotá, seeking some peace and quiet, but the nightmare followed him there and he noticed the presence of plain clothes police following him and hanging around the town, which made him anxious as the difference between a plain clothes police officer and a paramilitary is one of opportunity and convenience.  In this second arrest he was presented to the media as the worst terrorist.  He was called alias The Taliban (1), perhaps a reference to his physical appearance or a play on words with his name, but as they later acknowledged this nickname was invented by the police themselves, but it was not the only stupidity in  the case.  When he shaved, this was presented as evidence of his presumed guilt by trying to change his appearance.  The process against him is a complete farce from start to finish.  But as a result of it he spent almost four years in prison and during his imprisonment his daughter was born and he could only see her during normal visits, once a fortnight.  The searches and treatment were the usual ones, a Colombian prisoner receives no special treatment for being the father of a newly born child, “to them, even if the person is blind or is paralysed in 90% of their body, they are just another prisoner”.

As a sociologist Iván well understands the problems of the country and the rampant inequality.  His experience in the prison confirmed that.  He saw the luxuries enjoyed by some and the poverty of others depending on the wing they were held on.  When he was in the Modelo Prison, for reasons unknown to him, he was transferred to Wing 3.  There he saw another prison world.

You see how people with money live inside the prison with lots of privileges whilst there were other prisoners who had nowhere to sleep, they had to make do with cardboard, no food.  On Wing 3 there was a lot more space and a library, it was impressive, a very good coffee shop and very good workshops.  There was a good gym, it was big with gym machines, not just free weights and ovens to cook with.

Ivan Ramirez in a serious moment (Photo: G.Ó.Loingsigh).

CAPITALISM WITHIN THE JAIL

Of course, on Wing 3 there were various high level prisoners, from the Odebrecht case (2) and also from Interbolsa (3).  It could also be seen in that some of the cells cost up to 12 million pesos (3000 euros), in addition to the monthly rent.  Property speculation takes place inside the walls, especially where there are prisoners of that ilk.  Capitalism doesn’t stop at the gate, but rather it reproduces itself within the prison system.

Iván was the last one to be freed.  As happened with the others the Prosecutors sought out judges in their pockets to justify the unjustifiable, and between those manoeuvres and the lethargy of the prison service in obeying orders, he was imprisoned over and again without ever really stepping out into freedom.  In one of his rearrests a Prosecutor from Popayán legalised his arrest in a court in Medellín when the criminal case is in Bogotá and then they applied a law passed after his first arrest and the events.  Although he did hold on to some hope, he knew that in Colombia many judges are not objective and don’t always make findings in law, causing him to despair, as happens with many prisoners in the country, who are unjustly imprisoned, at the mercy of the whim of the judge on duty, or as happens with many, they lack the money to hire a good lawyer.

After his last rearrest Iván did not go back to prison, instead he was held for various months in a Police Station, a place of detention which is supposedly temporary, although there are people held in them for up to a year or more, in places like that where the conditions of imprisonment are worse than in the jails, if that were possible.

In that Station, overcrowding was at 100%.  For example, in the cell I was in, it was very small, about 3 x 8 metres, or something like that and there were more than 100 people held in difficult sanitary conditions, you had sleep on top of each other and you couldn’t stretch. You spent the day sitting down, there was no way to walk or exercise.  The food was also rancid and you had to eat it.

His view of a certain class of prisoner changed having seen how some of them also fought for their dignity.  “The kid who sells drugs, the bloke who robs buses and others, are sometimes classed as worthless people, but it is simply the circumstances that bring people along a different path and that shouldn’t be judged but rather understood in all its complexity.”

Iván, the sociologist lived through a field work on the injustices of the legal system, the dirty war in Colombia, poverty, inequality that no one wants to go through.  His passage through the halls of injustice have not quenched his thirst for knowledge and like his fellow accused in the Andino Case he continues to be committed to a better future for this country.

end.

FOOTNOTES

  1. In Colombian Spanish, “that guy Ivan”, el tal Ivan, pronounced the same as “the Taliban”.

2. An international case of corruption involving a Brazilian company and construction projects throughout Latin America. On the Colombian case see (Spanish only): https://www.elespectador.com/noticias/judicial/los-hechos-claves-para-entender-el-escandalo-de-odebrecht/?fbclid=IwAR3CnKdgk1437318wa9quFgglqjpDq0j-8KJxjqm5j_p6rBcCVJ7pt7wT8I

3. Yet another financial scandal. https://noticias.caracoltv.com/informes-especiales/impunidad-la-otra-pandemia-que-paso-con-interbolsa-las-libranzas-y-otros-escandalos-de-corrupcion?fbclid=IwAR0TevfujBMdbWRUKsczbYrykP3J_bFf5aHH0xi5IWDP-5ACrfrv3dFqgwQ

REPUBLICAN INDEPENDENTIST PARTIES WIN MAJORITY IN CATALAN REGIONAL GOVERNMENT

Diarmuid Breatnach

(Reading time text: 12 mins)

DESPITE LOW TURNOUT DUE TO PANDEMIC FEARS, THE THREE CATALAN INDEPENDENTIST PARTIES TOGETHER HAVE A COMFORTABLE ABSOLUTE MAJORITY

Despite the Covid19 pandemic and bad weather causing a low turnout for the elections to the Government (Govern) of the Catalan Autonomous Region, elected representatives of political parties for Catalan independence won a comfortable absolute majority of their Parlament and, for the first time in recent history, won more than 50% of the total votes cast.

It is worth noting that although most of the Spanish and much of the European media (including shamefully the Irish) is referring to the victors in this election as “separatists” this is not the correct term and implies or at least leaves open to interpretation that there is some basis for their campaign other than a historic nation seeking independence. The Irish over centuries were not “separatists” with regard to England and the United Kingdom, they were independentists. And those Irish parties that wanted to remain with the UK were — and are – unionists, with a parallel too in the elections in Catalonia.

In a Parlament of 135 seats (absolute majority 68 minimum), the results are:

INDEPENDENTISTS

Total seats: 74

ERC (Esquerra Republicana de Catalunya, traditional left-republican party of various trends)

33 seats (up one) 21.4% votes cast

JxCat (Junsts per Catalunya, independentist party consisting of various trends with origins in alliance with right-wing Catalan nationalist party PdeCat but split from them last year)

32 seats (up 12) 20.0% votes cast

CUP (Convergencia Unida Popular, a confederation of left-wing groups mostly active on a community and municipal level)

9 seats (up 5) 6.67% votes cast

UNIONISTS

Total seats: 53

PSC (Catalan branch of the Partido Socialista Obrero de Espana, social-democratic main government party in the Spanish State)

33seats (up 16) 13.9 % of votes cast

PP (Partido Popular, formed by Franco supporters after the Dictator’s death, main government party in the Spanish State after PSOE)

3 seats (down one) 3.8 % of votes cast

Cs (Ciutadans, Spanish unionist party formed by split from the PP)

6 seats (down 30) 5.6 % of votes cast

Vox (Spanish fascist and unionist party formed by split from PP and Ciutadans)

11 seats, 7.7 % of votes cast

OTHER

Total seats: 8 seats (no change) 6.87 % of votes cast

ECP (En Comú Podem [“Communs”], coalition of Podemos, Izquierda Unida etc, left-social democrats and trotskyists, in theory supporting the right to independence but in practice rarely supporting the independentists).

Results of February 2021 elections to the Catalonian Parliament. (Source image: Internet)

CONTEXT

Most of Catalonia is currently part of the Spanish state, with a small part around Pau, in the southern French state. Catalonia has its own political history and national language, Catalan but its autonomy was ended in conquest by the Bourbons of the Spanish Kingdom in 1741 and its language discriminated against. In 1936 the workers of Barcelona, the capital city, rose and defeated the forces of the Spanish military-fascist coup against the elected Popular Front Government of Spain. But after the victory of the military-fascist forces in 1939 in the Spanish Antifascist War, Catalonia, which had sided with the Government on a promise of autonomy, suffered repression, its leaders and supporters executed and language banned.

Map showing Catalonia in the iberian peninsula and part of southern France (without Pau picked out)

Catalonia is also considered by many to be part of the Paisos Catalans (Catalan Countries), which include the regions such of Valencia and the Balearic islands, where dialects of Catalan are spoken.

Although a small part of the Spanish State in terms of land and population, Catalonia is one of the most economically successful regions of the Spanish State. A wish for national independence gained renewed political support during the recent decade, growing apace when the Spanish State greatly reduced Catalan autonomy in a reinterpretation of the Statute of Autonomy in respect of Catalonia. Grassroots movements in favour of independence grew hugely, in particular the ANC and Omnium; they organised a referendum on independence to take place on 1st October 2017. The Spanish State sent its militarised police to seize ballot boxes and attack voters and protesters. Subsequently the Spanish State jailed the leaders of the Independentist party ERC, the grassroots organisations ANC and Omnium, along with politicians. It issued arrest warrants for a number of others, including the President of the Government and leader of JuntsXCat party and a leading activist of CUP, all of whom are currently in exile. 700 Town Mayors are under investigation for their role in the referendum and activists are in jail or on trial for their activities in protests and one-day general strikes (of which there have been three since 2017).

Man and woman celebrating and displaying the Vermelha, the socialist version of the Catalan independentist flag. (Source image: Internet)

ELECTION TIMING AND RESULTS

Quim Torra, Puigdemont’s replacement, who had been stripped of his position as President of the Catalan Parliament by a Spanish Court for displaying a banner in support of the political prisoners on a Government building during Catalan municipal elections, had threatened to call snap regional elections; these were expected around October last year but the Covid19 pandemic prevented that plan going ahead.

However, when the Catalan Govern because of the pandemic decided to postpone their elections until this summer,, it was forced by a Spanish State court (at the behest of unionists) to call them for 14th February. That of course led to a low turnout, which usually favours the Right and Unionists, thus making the results even more remarkable.

Catalans queuing to vote in the rain in the midst of a pandemic; the Spanish State did not permit them to postpone for couple of months. (Source image: Internet)

With the independentist parties achieving more than 50% of the vote for the first time and an overall majority in the Parlament, Catalans favouring independence regard the election results as positive overall. But their pleasure is tempered by the unwelcome gains of the Spanish social democrats of the PSC and the ten seats won for the first time in Catalonia by the fascist Vox party.

The PSC is the Catalan branch of the PSOE, the Spanish social-democratic party currently in government in coalition with Podemos-Izquierda Unida, the latter a kind of trotskyist coalition (of which the Catalan version is “En Comú Podems”) and both parties are essentially Spanish unionist, the PSOE bluntly so and the junior partner in practice.

Although the PSC were no doubt aided by having as a candidate Salvador Illa, the former Minister for Health of the current Government of the Spanish State, it seems that some of the votes to elect the PSC came from pro-Spanish unionist Catalans on the Right, deserting their more natural allegiances in order to achieve a strong unionist and Spanish government presence in the Catalan Parlament. The Catalan traditional unionist Right wing took a hammering, losing 31 seats as the PP went down from four to three seats and their upcoming replacement Ciutadants from 36 to just six. But newcomers and more clearly fascist Vox gained eleven seats. In terms of seats alone, as a crude measure, the PSC and Vox gained seats totalled 44, while PP and Cs together lost 31. Looked at that way, it seems clear that the increase of seats for the social-democratic PSC and the fascist Vox came from right-wing unionists, with a gain of another 13 seats unexplained.

The PSC and Vox successes have been of concern to many Catalan independentists. However those parties reflect existing realities in Catalonia with which the independentist republicans will need to grapple. The vote for Vox illustrates quite starkly that much of the base of the allegedly democratic right-wing conservative Ciutadans was in fact fascist, as suspected by more than a few and it is as well to be aware of it and to have that exposed.

The support for the PSC is a wider problem and, while some of it will remain irreconcilably Spanish Unionist for the foreseeable future, there are probably elements among its voters that are capable of being won over to the independentist position.

GOING FORWARD

As noted earlier, the three republican independentist parties have won a comfortable overall majority, in that they have 74 seats between them, six more than the 68 needed for an absolute majority in the 135-seat Parlament. Even if all the Spanish unionist parties vote together, social democrats voting with Right and Far-Right, they can only outvote the Catalan independentists, in the normal course of events, should one of the latter parties join their vote or abstain, which is hard to imagine occurring.

In the last Parlament, the CUP became a left-opposition to the coalition Govern of ERC and JxCat but never joined the unionist parties in voting against the Govern.

Immediately following the announcement of the results, the Communs leader in effect admitted she would try and split the independentist alliance by asking ERC to join with them and with PSC to form “a left-wing government” which is a shameful use of words since the independentist alliance has put forward more proposals of a socialist nature for Catalonia than have been presented by the PSOE in the state, most of them blocked by the Spanish Constitutional Court and the PSOE is in fact now about to renege on the rent controls it had agreed with its coalition partner. However neither its supporters nor the electorate would be likely to forgive ERC’s leadership should they take such a step and whether tempted or not, they will not go there.

Of course, the Spanish State could reduce the Independentist majority by finding some pretext to jail some of their elected members and such a scenario is far from inconceivable, given the nature of the Spanish State and its recent history in Catalunya. But that would be a very high-risk avenue, even for the Spanish State.

The very likely development is for ERC and JxCat to join in a coalition government, with or without CUP (who might choose to remain in opposition but in “confidence and supply” with the Govern, meaning that they would vote for them if necessary to defeat a vote of the unionist opposition). ERC and JxCat are quite deeply divided on how to proceed in relation to the Spanish State. Although ERC has a longer history of Republican opposition and even some armed struggle through the Terra Lliure resistance, and thinks of itself as “Left”, it is JxCat that has been most resolute in its attitude to the Spanish State. ERC wanted to sit down for talks with Sanchez, Prime Minister and leader of the PSOE, even though Sanchez has stated categorically that independence is not up for negotiation; JvCat ridiculed the very idea. When Sanchez needed other party votes to get his Government’s budget through the Cortes (the Spanish Parliament), ERC gave their votes along with the PNV, the Basque Nationalist Party. And now ERC has asked the Spanish Government to authorise a referendum on Catalan independence which, on past performance, can only be denied. In the absence of getting something substantial in return, JxCat refused to give their votes to support the Spanish Government’s budget (as did the Basque independentist members).

Going into the mid-term future, not only will Catalan independence be forbidden by the Spanish ruling class through its State but many of the measures the Catalan Government has agreed to take around social justice, for equality, against bullfighting and so on, will be frustrated by the Spanish State through its upper courts, as before.

There seems no way forward for the Catalan independentists other than at the very least a sustained campaign of civil disobedience to make Catalonia ungovernable by the Spanish State. In such a situation, it is difficult to imagine the Spanish State not sending its military to occupy the nation and repress the resistance. With whatever response that would arouse among Catalans.

End.

POSTSCRIPT:

Clerk in court, Pablo Hasél trial: “Do you swear to tell the whole truth?” Hasél: “I am here because of telling the whole truth.”

The jailing by the Spanish State of Catalan revolutionary socialist poet-rapper Pablo Hasél on 16th February has led to demonstrations and rioting in Barcelona in which both the Guardia Civil of the Spanish State and the Catalunya police, the Mossos d’Escuadra, have been engaged. The Spanish police have fired rubber bullets which are banned in Catalunya while the Mossos have baton-charged ferociously and, firing foam projectiles, took the eye of a 19-year-old woman. The protests are ongoing.

Over 400 visual artists, also of words and music, have signed a demand for the release of Hasél whose jailing has also been condemned by Amnesty International. Pickets in his support have been organised across the southern Basque Country and Navarran regional police, the Forales, fired rubber bullets at a march in Hasél’s support in Iruna (Pamplona). Other places including Madrid have also seen demonstrations protesting the jailing of the rapper.

Riot police and people protesting jailing of Pablo Hasél. (Source image: Internet)

“The armed wing of the State will come to take me by force …” –PABLO HASÉL

(translated from Castillian by Diarmuid Breatnach)

(Reading time: 2 mins.)

STATEMENT BEFORE MY IMMINENT IMPRISONMENT:

In ten days the armed wing of the State will come to kidnap me by force to imprison me because I am not going to present myself at the prison voluntarily. I don’t know to which jail they will take me or for how long (I will be detained). Among all the cases that I have accumulated through struggle, some with convictions pending appeal and others pending trial, I could spend up to almost 20 years in prison.

This constant harassment that I have suffered for many years and that goes beyond prison sentences, is not only due to my revolutionary songs, but also because of my activism beyond music and writing. The Prosecutor herself put it into words: “he is dangerous for being so well known and inciting social mobilization.” Putting the struggle I speak of in my songs into practice is what has put me especially in the spotlight, in addition to supporting organizations that have fought the State, being in solidarity with their political prisoners and raising awareness by denouncing injustices by pointing out the culprits loudly and clearly.

“Do you swear to tell the whole truth?”
“I am here because of telling the whole truth.”
(Image sourced: Internet)

It is very important to be clear that this is not an attack only against me, but against freedom of expression and therefore against the vast majority who are not guaranteed it like so many other democratic freedoms. When they repress one, they do it to scare the rest. With this terrorism they want to prevent their crimes and policies of exploitation and misery from being denounced, we cannot allow it. They know that I’m not going to give up because I’m in prison, but they they do it in particular so that the rest do. By not internalizing that it is an aggression against any anti-fascist, solidarity has been lacking to avoid my imprisonment like so many others. The regime grows in the face of the lack of resistance and every day it takes away more rights and freedoms without thinking twice when it comes to attacking us — we need to organize self-defense against its systematic attacks. Many people write to me asking what they can do. It takes a lot of diffusion so that everyone knows what they are doing and is aware of it, but above all organization is urgent not only to bring solidarity to the events in the streets and coordinate it well, also to defend all the rights that they trample on with impunity.

It is also necessary to call out the badly-named “progressive” Government1 for allowing this and so much more; while protecting the Monarchy and increasing its budget, they do not touch the gag law and other repressive laws, they have also added the “digital gag law”, they continue to keep jails full of fighters in terrible conditions, in addition to other policies against the working class. There is no doubt that if we were imprisoned during a government of PP and VOX2 there would be much more of a scandal, but these phonies who while claiming to be left-wing have not even firmly opposed this.

“From above they mock the past, they tread on us in the present to rob us of our future.” (Image sourced: Internet)

I will not repent3 to reduce the sentence or avoid jail, serving a just cause is a cause of pride that I will never renounce. If they release me before the end of my sentence, it will be because solidarity pressure conquers them. Prison is another trench from which I will continue to contribute and grow, like so many other people I began to fight inspired by the example of resistance and other contributions of numerous political prisoners. I hope that this serious outrage will be used to add more people to the fight against the regime, enemy of our dignity, that if they imprison me to silence the message, they will give rise to a much greater voice and lose out. With regard to going into exile,4 I decided to remain here so that this opportunity can be used to expose them even more. This blow against our freedoms can turn against them, let’s get down to work.

Pablo Hasél.

(Image sourced: Internet)

BRIEF INTRODUCTION TO PABLO HASÉL:

Pablo Hasél (Pablo Rivadula Duró), poet, writer, political rapper and activist from Leida in Catalonia, 32 years of age, has described himself as a revolutionary Marxist. Since 2011 Hasél has been convicted in Spanish courts on a number of occasions of “promoting terrorism” and for “slandering” Spanish State and Royal institutions in his lyrics, as well as for allegedly assaulting a TV3 reporter and being party to an assault on a Catalan far-right group.

Pablo Hasél burning the colours of the Spanish monarchical state during a performance. (Image sourced: Internet)

Hasél began his recording in 2005 with Esto no es un Paradiso (This Is Not a Paradise) since when he has recorded another 64 discs on his own and another 35 in collaboration with others. In 2020 alone Hasél recorded two discs. He is also that author of nine poem collections, four of which are in collaboration with Aitor Cuervo Taboada, and one collection of stories.

FOOTNOTES

1The current Government, a coalition between the PSOE and Podemos. The former is the social-democratic party of the two-party system of the Spanish State which has been breaking down of late. Podemos-Izquierda is a coalition of trotskyist Left tendencies, Left social-democrats and the old Spanish Communist Party.

2The PP has been the right-wing conservative party of the two-party system of the Spanish State while Vox is even further to the Right.

3The Spanish penal and judicial system requires prisoners to repent of the “crimes” of which they have been convicted if they are to be moved to less harsh prison conditions or to be paroled. This is a particularly crushing requirement of inmates convicted of politically-inspired actions who are serving long sentences of a number of decades.

4 In May 2018, the day before he was due to surrender himself to Spanish jail, rapper Valtónyc (José Miguel Arenas) went into exile in Brussels.

POWER REDISTRIBUTION — French electricity workers redirect power away from the rich to workers’ homes

Click on link to read the article in English or in Spanish: https://thefreeonline.wordpress.com/2019/12/26/electricity-strikers-in-france-light-up-poor-homes-this-christmas-cut-power-and-gas-to-bosses-and-police/

French electricity workers switching low-cost electricity to workers’ homes (Photo source: The Free)
“For Christmas, the CGT lowers the price of electricity”: words on banner on French electricity generating station or routing installation (Photo source: The Free)

HOW TO WIN THE WAR – GETTING INTO POSITION

(Reading time: Introduction, one minute; Part One: 5 mins; Part Two 2 mins: Part Three: 3 mins; Part Four: 2 mins; Total: 13 mins.)

Diarmuid Breatnach

INTRODUCTION:

Although I often think about the big questions – and am generally guided by my philosophy on them, my mind and energy are usually too occupied with specific struggles to focus on them for long. Recently however I had the opportunity and the need to think about the war, the one we have yet to win.

Storming Bastille Painting Jean-Pierre Houel
The Storming of the Bastille (translation), French Revolution, 1789 by Jean-Pierre Houel. (Image sourced: Internet)

But to which war am I referring? The Irish war of national liberation that has been flaring up for centuries, being lost each time before flaring up again? Or the class war, which has had a few sharp Irish episodes but has been, for the most part in Ireland, in abeyance? The answer is BOTH, though it may seem that my emphasis in the discussion, certainly in the early part, is on the national liberation war.

In order to imagine how we might win, it is helpful to examine past struggles and analyse what went wrong with them. Pessimists love to focus on those things I know – but in order to push us towards reformism or just surrender; my approach instead is from a revolutionary perspective.

Generally, Socialists analysing the class struggle don’t even ask themselves why we have not had a revolution yet. From week to week, month to month, they tend to focus on this or that particular trade union or social struggle but without going into the big picture. It seems as though they can’t even imagine a socialist uprising in Ireland, it’s just too far away to think about, apparently. But if one can’t even imagine such a revolution, how could one consider the necessary steps to get there?

Communards Paris Barricade 1871
Communards at barricade, Paris Commune 1871. (Image source: Internet)

Irish Republicans on the other hand are often thinking in terms of revolution, usually including armed struggle. However it seems to me that Irish Republicans don’t like analysing past failures of the movement but when they do, their verdicts tend to be that the leaders betrayed the struggle or that taking part in public elections corrupted the movement; or that infiltration, spies and informers was the problem. And some other reasons. The thing is, although all those things played a particular part, they are not the fundamental reason.

Defeat Rebels Vinegar Hill Drawing George Cruikshank
“Defeat of the Rebels at Vinegar Hill” by George Cruikshanks, i.e United Irishmen last major position in Wexford overrun, 1798.

PART ONE: THE THIRTY-YEARS’ WAR – DOOMED TO LOSE

(Reading time this section: less than 5 minutes)

Free Derry Corner Gas Mask Images
Derry Monument and Mural of the Civil Rights struggle which preceded the armed struggle in the Six Counties. (Image sourced: Internet)

          The national liberation war that began in 1969 in the Six Counties and ended in 1998 (though some armed incidents continue from time to time) began as a civil rights struggle and changed into a war of communal defence and of national liberation. The military part of the struggle for the most part took place in the occupied Six Counties. The political element of the struggle was waged all over Ireland (and abroad) but in the main consisted of support for the struggle in the Six occupied Counties.

Fought in that way, the struggle was bound to lose. It could never win. How could anyone imagine that they could win a struggle fought against a world power in one-sixth of the country, where even the population there was divided against them? What could they have been thinking?

To my mind, there are only two possible sane replies to that question, which is that they believed: 1) that the British ruling class would get worn down by struggle and leave and/ or 2) that the Irish ruling class would intervene in some way to assist the struggle and make continued British occupation untenable.

1) ‘The British ruling class would get worn down and leave’: This theory must have depended on British repression being condemned abroad and being unpopular at home but had to rest fundamentally on the British having no great stake in continuing its possession of its colony there.

Anyone who thought that (and there were many who did and still many who do, not just Irish Republicans) made a fundamental error. Time and again the British ruling class has shown its determination to hang on to what might be considered its first colony, even as the ruling class’ composition changed from feudal-colonialist to capitalist-imperialist and as the world changed around it.

Collusion State Murder Mural
Mural in nationalist area in the Six Counties (Image sourced: Internet)

Even when the British ruling class, weakened by WW1 and facing an Irish guerrilla war which enjoyed the support of the vast majority of Irish people, with national liberation uprisings breaking out across its Empire and with its repression in Ireland increasingly unpopular at home, entered into negotiations with the Irish resistance, it held on to a foothold, the Six Counties.

Subsequently, it had that colony managed in a permanent state of emergency laws, with institutionalised sectarian discrimination at all official levels and outbreaks of pogroms in the street and workplace.

That became even more exposed during the civil rights struggle and the national liberation war that followed when the British State compromised whatever good international reputation remained to its Armed Forces, its judiciary, its legal establishment, its media and its very legal framework.

Even now, when many believe that the Good Friday Agreement means that a 50% plus-one-vote in favour in the Six Counties will be sufficient to end Partition, they do not realise that such a decision will have to also obtain a majority in the British Parliament and be endorsed by the British Monarch. They are also forgetting the broken promises that surrounded Partition in the first place.

British Soldiers Helmeted Belfast 1969
British Army in Belfast 1969 (bayonets and guns pointed towards nationalist area). (Image sourced: Internet)

When analysing what holding on to the Six Counties has cost the British State in terms of reputation, military and financial contributions, one can only rationally assume that continuing to hold on to that foothold is of great importance to the British State. One may speculate as to the reasons underlying that but the central fact cannot be denied.

2) ‘The Irish ruling class would intervene in some way to assist the struggle and make continued British occupation untenable’:

There was some basis for this belief in that a section of Fianna Fáil, a party that had emerged from a split in Sinn Féin in the 1930s and had become one of the mainstream parties in the Irish state, had retained some traditional commitment to seeking a united Ireland. However it was a thin enough basis on which to depend in a national liberation struggle since that section had no majority within the party itself, to say nothing of the foreign-dependent nature of the Irish native capitalist class, the Gombeens, as a whole.

The question came to a trial of strength in the Arms Crisis of 1970, in which at least two Fianna Fáil Government Ministers were involved in secretly buying arms for the defence of nationalist areas in the Six Counties (since the IRA had insufficient weapons at the time) from rampaging Loyalist mobs and the Royal Ulster Constabulary (including the part-time B-Specials). The Ministers alleged that they had acted in the full knowledge of the rest of the Government. By the time the whole affair was over, two Ministers had been sacked and another two resigned in protest.

If it had not been clear before that the Gombeens, the native Irish capitalist class was no patriotic capitalist class but rather a neo-colonial one, it should have been clear after that. But the armed struggle in the Six Counties intensified, especially after the massacres of unarmed civilians carried out by British Paratroopers the following year, 1971 in Belfast and again in Derry in 1972. And the war lasted until 1998.

If, as had been demonstrated to be the case that the British ruling class were determined to hold on to the Six Counties and the Irish ruling class was not going to seriously challenge that possession, did the Republican movement have any other option than to fight on a war that they could not possibly win?

I am clear that it did.

Clearly, in order to have a chance of success, the war had to be extended to the other five-fifths of the country, which is to say into the territory under the control of the Irish native capitalist class. This class had seized power after the War of Independence (1919-1921) and had beaten and suppressed its opposition during and after the Civil War (1922-1923) and furthermore was supported by a powerful ally, the Irish Catholic Church. Since the founding of the first Irish Republican organisation, the United Irishmen of the late 1790s, the Catholic Church hierarchy had opposed Irish Republicanism; it had condemned four Irish priests who participated in the uprising of 1798, excommunicated the Fenians, had at first condemned the 1916 Rising and the War of Independence only to latch on to it at the end along with the Gombeen class.

The general Irish population likely would not have supported or sustained an armed struggle in the 1970s against the Gombeen class but that class could have been fought politically, through agitation and mobilisation, on many social, political and economic fronts. Without going into the specific details of each, these were:

  1. against the huge wastage of Irish youth through emigration

  2. to remedy the shortage of affordable housing (which in part contributed to the above)

  3. to end unemployment (also contributing hugely to emigration)

  4. to raise the level of wages and lower wage earners’ taxation

  5. for the right to divorce

  6. for equality for women in law

  7. for the right to contraception devices and medication for men and women

  8. against decriminalisation and for equal rights for gay and lesbians

  9. to halt the decline of the Irish language, in particular of the rural Irish-speaking areas

  10. to improve services for the rural areas

  11. to oppose the open-door policy for foreign multinationals to exploit Irish natural and human resources

  12. to secularise the education service

  13. and the health service.

  14. to remove the privileged status of the Catholic Church within the state.

Irish Womens Liberation Connolly Station
Irish women photographed at Connolly Station 1971, about to board train to Belfast to purchase contraceptives to bring back to the Irish state, illegal at the time. There was no right to abortion either or divorce and a husband’s signed permission was necessary to take out a hire purchase agreement. (Image sourced: Internet)

The Republican movement in general, with some exceptions, declined to take on any of those struggles. They did not organise in the trade union movement, left the social struggles to others and most of all, declined to take on the Catholic Church on any issue except its opposition to the national liberation struggle. Even there, it was happy to publicly avail of the services of members of the Church clergy who supported them. Republicanism was, from its very beginning, as well as anti-monarchist, about separation of Church and State but it was difficult to see that in the Irish Republican movement, particularly after the War of Independence.

A full half of those fourteen points above (nos. 5,6, 7, 8, 12, 13 and 14) would have meant taking on the Church head-on and no doubt the hierarchy would have hindered the struggle over most of the others too, due to its strong links with the State and its ruling class.

Because of its tactical and no doubt ideological refusal to take up those struggles, the Republican movement could do little more in the 26-County state than to agitate for solidarity with the beleaguered nationalist population inside the British colony.

Though this could be effective for a time it could not become a mass movement, nor survive a long struggle, without any remedy being sought for the issues facing the population within the state.

The wonder is not that the majority leadership of the Republican Movement threw in the towel on the military struggle in 1998 but that they had waited so long to do it. Of course, they never admitted the true nature of what they were doing: abandoning the armed struggle and revolution in total and instead, using their negotiating position to advance themselves politically – not in the economic, social and political struggle envisioned above but rather in a political struggle to find themselves a place among the Gombeen political class in the Irish state and as accomplices in the governing of the colonial state.

PART 2: COLLECTING THE FORCES FOR REVOLUTION

(Reading time this section: 2 minutes)

          A successful revolution in Ireland, as in most places, would require the involvement of a mass movement. That mass movement would be unlikely to be one that had national self-determination as its only aim – certainly not in the 26 Counties (the Irish state). Mass movements arise at times around different issues and exist as long as the issue does or instead until the movement gets worn down or broken up. Such movements arose around the Household Tax and, later, around the additional Water Charges.

Water Protest Long View 29 Aug 2015
Section of protest against water charges, O’Connell Street, Dublin, 29 Aug. 2015 (Image source: Internet)

Even though the objectives of such movements are often not revolutionary, the participation in them by revolutionaries is necessary if, in the future, there is to be a revolution. Revolutionary activists can make contacts and prove themselves by the way they participate whilst at the same time pointing out that a revolution is necessary in order to resolve all these issues completely and permanently. Such activists can also influence the movement (or sections of it) to act in more revolutionary ways, so that the movement can be guided by – and imbued with — revolutionary spirit.

Working people in struggles come up against concrete problems which need to be resolved in order to move forward. Prior to 1913 in Ireland, workers learned the need for unity in struggle which was emphasised by the employers’ attempts to break the Irish Transport and General Workers’ Union in August 1913. The attacks on them by the Dublin Metropolitan Police illustrated the need for organised defence and Larkin and Connolly called for the formation of what became the Irish Citizen Army, which later also fought prominently in the 1916 Rising.

Packed Workers Liberty Hall 1913
Members and supporters of the Irish Transport & General Workers’ Union cheering outside the union’s HQ, Liberty Hall, August 1913. Later the union formed the ICA to defend themselves from the DMP; the ICA took a prominent part in the 1916 Rising. (Image source: Internet)

Trade unions are the only mass organisations of the working class in Ireland and it is necessary for revolutionaries to be active within them. Currently, other than social democrats, it is mainly members of both trotskyist parties and independent activists who engage politically with the trade unions. Those members are mostly in clerical work and their political work tends to concentrate on employment demands around wages and working conditions. When they introduce politics it is generally to get some motion passed by their branch. Also at times, they will campaign to get a perceived left-wing candidate elected to some position within the trade union bureaucracy.

None of the above are without value but they remain disjointed in terms of program and often confined to just one trade union. Not only that, but often the Left party involved will engage in order to recruit some new members and in order also to retain their own members by providing them with activity. When broad front trade union groups are formed, they tend to become an arena where the dominant trotskyist parties compete for dominance.

If we are to have a successful revolution – and in particular a socialist one – participation in the struggles of workers in the trade union movement is absolutely necessary. But participation should be primarily among the rank and file of the trade union and also across trade unions, focused on providing solidarity to members of whichever union is in struggle – in addition to encouraging unorganised workers to organise and become active. The objective is not to help make one trade union or one section more militant but rather to create a militant workers solidarity movement within the whole trade union movement. It is essential to have members in the ‘blue-collar’ work unions or departments as well as in the clerical unions or sections. And the cross-union organisation I advocated should be independent — the preserve of no political party.

Participation in such struggles provides an opportunity for revolutionaries to make contact with people who are activists but not yet revolutionaries and to give those people an opportunity to evaluate the revolutionaries in terms of their actual practice. Revolutionaries can support the people struggling for worthwhile reforms while at the same time pointing to their partial and temporary nature. Revolutionary activists can play an educational role in the mass movements while at the same time becoming educated themselves by the daily reality faced by the masses in this system.

PART 3: THE ABSOLUTE NEED FOR UNITY – BUT WHAT KIND?

(Reading time this section: 3 minutes)

          It is, most people would think, a ‘no-brainer’ (i.e an obvious truth) that unity is necessary in the struggle to overthrow the current system. It might be thought surprising, therefore, that disunity is more the rule among those who aspire to revolution.

Generally, those who claim to be revolutionary socialists will not unite with Irish Republicans. In addition, those socialists of one party will often fail to unite with those of a different party. The same dynamic is to be seen among Irish Republicans also.

There have been many attempts to overcome this problem. In the 1930s the Republican Congress sought to unite Irish Republicans with revolutionary socialists. In the face of hostility within the mainstream Republican movement and also with divisions among the communist element in Ireland at the time, faced in addition with anti-communist hysteria whipped up by the Catholic Church, the experiment failed. The leadership of the Sinn Féin and the IRA of the later 1960s tried to combine socialism and republicanism within one party and military organisation, an attempt that crashed when it was discovered that the arms necessary to defend ‘nationalist’ community areas in the Six Counties, particularly in Belfast, were unavailable, leading to an acrimonious split in the movement. A subsequent attempt to combine the socialist and republican elements in another organisation survived a little longer but also failed for a number of reasons, some internal and also due to Irish State repression.

Shankhill Rd Republican Congress WT Commemoration 1934
Socialist Republicans, members of Republican Congress from Shankhill Road, marching to annual Wolfe Tone commemoration, Bodenstown 1934. They were attacked by conservative Republicans. (Photo source: Internet)

There have been some attempts to unite the non-republican Left itself also, which usually failed due in part to ideological differences but also to political sectarianism and personality clashes. Currently both trotskyist parties have an uneasy working relationship, the small grouping of Independents for Change exists also, the Communist Party is very small too and the anarchists are scattered and unable for years now, for the most part, to mount united action.

Attempts to unite the various parts of the Irish Republican movement have, in general, focused on creating a new organisation or absorbing activists unhappy with one organisation into another.

A frequent approach has been for some people to sit down and produce what they consider solid policy and a constitution, then to propose this format to others around which to unite. Even when accepting amendments from the elements they seek to recruit, these attempts too have largely failed.

It seems a rational approach: if we want unity, surely first we have to agree on what for, how, etc, etc before we can go into action? I believe, contrary though it may seem, that actually we should unite in action first. Uniting in action tends to break down barriers of mistrust that are built on hearsay or suspicions fostered by sectarian elements. Action also tends to clarify certain questions that until then are theoretical only. Of course, at some point, action will need to be guided by worked out policy but initially the action itself can be sufficient guide, especially since approaching the question the other way around has been so generally unproductive.

Unity Is Strength Image copy

The question then arises: with whom to unite? In general, I would say that the answer is: with all with whom we can, in actual practice, unite: different types of revolutionary socialists (including anarchists), Irish Republicans, Left social democrats, human and civil rights activists.

There are some exceptions I think necessary to mention: fascists, racists, religious sectarians and parties that participate in Government. Fascists seek to impose an undemocratic regime completely hostile to the interests of working people and, far from our uniting with them, need to be defeated; racists and religious sectarians seek to divide the movement along lines of ethnicity or religious affiliation. Revolutionaries need to draw a clear line of distinction between the movements of resistance and those who participate in a native capitalist or colonial government, i.e the management organisations of the enemy.

Many issues lend themselves to united action but perhaps none more so, and none are more essential, than against repression.

PART FOUR: UNITY AGAINST REPRESSION

(Reading time this section: 3 minutes)

          All revolutionary movements – and many that are progressive but not revolutionary – face repression at some point in their existence. Not to recognise that fact and to have some kind of preparation for it, even if very basic, is indicative of a non-revolutionary attitude to the State. Nor have we any reason in Ireland to be complacent on this question.

The Irish State turned to military suppression in the first year of its existence as did also the colonial statelet. Detentions, torture, murders and official executions were carried out by Free State forces over a number of years, followed by censorship and arrests, all facilitated by emergency repressive legislation. In the Six Counties, in addition to similar even more repressive legislation, there were two sectarian militarised police forces and sectarian civilian organisations.

After a change of government, the Irish State introduced internment without trial during the Emergency (1939-1946), the Offences Against the State Act in 1939, Special Criminal (sic) Courts in 1972 and the Amendment to the OAS in that same year.

Bloody Sunday march Derry 2014
Poster for 2014 Commemoration of Bloody Sunday massacre, Derry 1972. The poster calls for unity. (Image source: Internet)

The Six County statelet had the Special Powers Act (1922) and brought in internment without trial in 1971 (the Ballymurphy Massacre that year and the Derry Massacre the following year, both by the Parachute Regiment, were of people protesting the introduction of internment). The statelet also introduced the Emergency Provisions Act and the no-jury Diplock Courts in 1973 and, though technically abolished in 2007, non-jury trials can and do take place up to today.

The British state targeted the Irish diaspora in Britain in 1974 with the Prevention of Terrorism (sic) Act and that same year and the following, framed and convicted nearly a score of innocent people of bombings in five different cases – had the death penalty not been previously abolished for murder, most of them would have been executed. It took the victims over 15 years to win their freedom, by which time one had died in jail. Brought in as a temporary measure, the PTA continued in force until 1989 but a general Terrorism Act was brought into British Law in 2000 and remains in force today.

Birmingham Six Photos Bruises
Photos of the Birmingham Six, Irishmen resident in England, showing bruises from police beatings after their arrest in 1974; they were also beaten by jailers. Also arrested, brutalised, framed and convicted were the Guildford Four, Maguire Seven and Giuseppe Conlon and Judith Ward. (Photo source: Internet)

State repression rarely targets the whole population and, particularly in a capitalist “democracy” focuses on particular groups which it fears or feels it can safely persecute. However, we should also recall Pastor Niemoller’s words about the creeping repression which even the German Nazi state instituted, going after first one group, then another, and another …. Among the list of groups targeted eventually by the Nazis were Jews, Roma, Communists, Socialists, Anarchists, Social Democrats, Jehova’s Witnesses, Free Masons, Gays and Lesbians, Mentally Ill or challenged, physically challenged ….

It is in the interests of the vast majority of the population to oppose repression of different groups, whether those groups be based on ethnicity, gender, sexuality, citizenship status or democratic politics. Not everyone recognises this of course but one might expect that political activists challenging the status quo would do so. Sadly, experience shows that they do not in practice (though they may acknowledge it intellectually).

Lineup Clenched Fists & Banner
Anti-Internment and political prisoner solidarity picket September 2016 at Kilmainham Jail, Dublin (a former place of detention and execution for political prisoners under both the British occupation and the Irish State, now a museum). (Photo source: Rebel Breeze)

With some periodic exceptions, socialist groups in Ireland do not support protests against repression of republicans. Furthermore, some republican groups will not support others when the latter are subjected to repression. Yet at any time, Republicans of any group can be and are regularly harassed in public or raided at home; their employers may be warned about them by the political police; they may be detained on special repressive legislation, denied bail, effectively interned; they can be easily convicted in the non-jury Special Criminal Courts or Diplock Courts; ex-prisoners released on licence in the Six Counties can be returned to jail without any charge or possibility of defence.

The Irish State’s non-jury Special Criminal Court is a tempting facility for putting away people whom the State finds annoying and it is widely thought it was considered for the trials of the Jobstown protesters. The result of the trial, where the jury clearly took a different view to the presiding judge, may well have justified the opinion of those in the State who considered sending the defendants to the SCC.

solidarity woodcut

Unity against repression is a fundamental need of a healthy society and of movements that challenge the status quo. Practical unity in any kind of action also tends to break down barriers and assists general revolutionary broad unity. Unity against repression is so basic a need that agreement with this or that individual is unnecessary, nor with this or that organisation in order to defend them against repression. Basic democratic rights were fought for by generations and have to be defended; in addition they give activists some room to act without being jailed. On this basis, all must unite in practice and political sectarianism has no place in that.

Without some basic unity in practice across the sector challenging the status quo, there can be no revolution. But more than that: we stand together against repression ….. or we go to jail separately.

End.

Diarmuid Breatnach is a veteran independent revolutionary activist, currently particularly active in committees against repression, in some areas of internationalist solidarity and in defence of historical memory.

JOBSTOWN EIGHTEEN TO BE SENT FOR TRIAL IN THREE BATCHES

Diarmuid Breatnach

 

 The Jobstown Eighteen are charged with offences carrying maximum penalties of 10 years and life imprisonment: sixteen with “false imprisonment”, nine with “violent disorder” and some with both, arising out of a demonstration against the policies of the then Minister for Social Protection Joan Burton, when she was attending a function in the area. The demonstration blocked her car allegedly for two hours. They were on their ninth appearance in court this week and had until very recently been the Jobstown Nineteen but co-accused Philip Preston died tragically at the age of only 36).

Jobstown Not Guilty Banner Crowd
(Photo from Jobstown Not Guilty FB page)

Some defendants and some supporters outside the court on the 13th
One of the Jobstown 19 in conversation and supporters of another unrelated case outside the court after the appearance on the 13th (Photo: D. Breatnach)

(Photo from Jobstown Not Guilty FB page)

The Jobstown Eighteen, with the exception of a few, including Paul Murphy TD who had been excused appearance for a number of reasons, appeared before Judge Melanie Greally in the CCJ building on Wednesday 21st July, their ninth court appearance since the Jobstown protest on 15th November 2014. Jobstown is a recent kind of suburb of Tallaght, itself a fairly recent population centre to the southwest of Dublin City. A few juveniles charged in connection with the protest are being dealt with separately in the Children’s Court and one was recently sentenced to six months imprisonment.

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A Jobstown Eighteen accused leaving the court as supporters of another unrelated case congregate outside (Photo: D. Breatnach)

Most of the morning was spent by arguments of the battery of defence lawyers against the State’s prosecutor, Mr. McGillicuddy, on the issue of separate trials. The State contends that those on separate charges have to be tried separately but that such a simple division alone would mean eleven on trial at once and that would be too many, according to the State, for the jurors to be able to follow the evidence and decide on the guilt or otherwise of each defendant. The numbers had to be broken down into three or four groups, the State contended.

The defence lawyers argued that some Prosecution witnesses would, in such a process, be called to testify in a number of separate trials and would become too used to their evidence as the element of surprise was removed. Mr Peadar Ó Maolain BL stated that “Prosecution witnesses will be very polished at this stage.”

Another defence argument was that those in last group would not face trial until possibly four years after the original incident. The whole morning was spent with these types of arguments and some lawyers also opposed the putting of their client into a particular group.

 

PICKING OUT “LEADERS”

The State also made it clear that it sought to try four of the defendants — Paul Murphy, Tommy Kelly, Mick Murphy, Declan Kane — in one separate group, alleging that they had been “in organising mode”, a clear attempt to put some in a leadership category with, presumably, heavier punishment for them should they be convicted.

 

NO RECORDING ON SMART PHONES”

Before the submissions began, Judge Greally told the packed courtroom that at the last hearing in May “persons were observed recording these proceedings” on mobile “smart phones”. She said that anybody seen doing this from now on would, at the least, be removed from the courtroom and would be in danger of being found in contempt of court. She did not explain why she objected to recording proceedings nor whether it was only video or including only audio recording to which she was objecting.

At midday Judge Greally said that she would allocate people to the groups and ordered those charged to return to court on October 3rd when presumably they will be committed for the different trials and a jury sworn in. Bail was continued under existing conditions.

 

DANGEROUS PRECEDENT – SOLIDARITY MOBILISATION NEEDED

These charges are in themselves repressive, seeking to free representatives of the Government and others from serious inconvenience in cases where the population feels that they have been acting unjustly and mobilises to show their dissatisfaction. Joan Burton was one of the most disliked Ministers of an unpopular government, partly for her abrasive manner but much more so for her policy of cuts to funding for social provision. She was also disliked for a controversial exchange in the Dáil when she seemed to be suggesting both that violent behaviour of police on demonstrations and anti-water charge pickets should not be videoed and that ordinary people having Ipads or phone cameras capable of filming those videos was a luxury that would not or should not be within the purchasing range of those protesting.

In addition, the maximum punishments possible on conviction of those charges are ten years and life imprisonment.

If the State succeeds in gaining convictions in these trials, even if the sentencing were fairly lenient within what is possible, it will be a serious setback for the right to protest effectively, to cause disruption to the schedules of Government Ministers and to confront them with strong demonstrations of the people’s anger at the measures being inflicted on the people by the policies of said Ministers.

It is therefore important for people to demonstrate their support for those charged in a number of ways but in particular by attending the trials and other public demonstrations of support.

 

LEGAL DEFINITIONS AND PUNISHMENT

The charge of “false imprisonment” is akin to kidnapping and has in the past been applied to cases where a person does not permit another to leave a building or an area, usually also preventing them communicating with others. Minister Burton’s car was surrounded by Gardaí as well as demonstrators, she had mobile phones to hand, had changed vehicles during the incident and never attempted to leave the vehicle at the end.

“False Imprisonment”, under the provisions of the Non-Fatal Offences Against the Person Act, 1997, can result upon conviction ‘on indictment’, i.e. which is what the court is doing here, to imprisonment for life.

The charge of “violent disorder” is similar to “riot” and came into Irish law as part of the Public Order Act of 1994; its provisions and explanation are identical to the British Public Order Act 1886 and it carries a maximum jail sentence of ten years.

End

 

Violent Disorder

Where—

(a) three or more persons who are present together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence, and

(b) the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his or another person’s safety,

then, each of the persons using or threatening to use unlawful violence shall be guilty of the offence of violent disorder.

(2) For the purposes of this section—

(a) it shall be immaterial whether or not the three or more persons use or threaten to use unlawful violence simultaneously;

(b) no person of reasonable firmness need actually be, or be likely to be, present at that place.

(3) A person shall not be convicted of the offence of violent disorder unless the person intends to use or threaten to use violence or is aware that his conduct may be violent or threaten violence.

(4) A person guilty of an offence of violent disorder shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.”