Investigating Terrorism E-Book

John Pearse

• Herausgeber: John Wiley & Sons
• Kategorie: Geisteswissenschaft
• Sprache: Englisch

Seitenzahl: 624

Veröffentlichungsjahr: 2015

Beschreibung

INVESTIGATING TERRORISM

‘How can we be more effective in bringing terrorists to justice in ways that uphold our legal traditions? This book provides crucial clues drawn from highly experienced prosecution and defence lawyers, detectives, security experts and forensic psychologists. I highly recommend it for all who want to understand and respond to the serious threat from jihadist terrorism over the years to come.’
Professor Sir David Omand, former UK Security and Intelligence Coordinator, Permanent Secretary of the Home Office and Director GCHQ

‘Edited and written by experts in their fields and with a plethora of experience, the authors know what they are talking about. This book is a must for those who need to know, those who are interested to know, and those who think they know it all already.’
Susan Young, Professor of Forensic Clinical Psychology, Broadmoor Hospital, West London Mental Health Trust

Investigating Terrorism takes a look behind the closed doors of terrorist cases, and at the entire judicial process of these cases from heated debates in both Houses of Parliament, through arrest, prosecution and imprisonment. In doing so, it confronts many of the crucial political, enforcement, legal and psychological issues currently influencing major decision-makers in this arena.

Specialist contributors discuss recently released research into the effectiveness of front-line counter-terrorism officers in their dealings with terrorist suspects, including the findings from a study commissioned by New Scotland Yard into the effectiveness of police interviews with terrorist suspects. Also included are strategic reviews of many of the major legislative changes and subsequent high-profile legal challenges that have repeatedly undermined government policy. Contributors provide a clear psychological understanding of aspects of terrorist behaviour, including insights into what drives individuals to become suicide bombers.

Contributions come from leading barristers, senior police officers and psychologists. Contributors Lord Carlile, the former HMG’s Independent Reviewer of Terrorist Legislation, and Peter Clarke, the recently retired head of the Anti-Terrorist Branch for the UK, combine academic credentials and understanding with substantial policy or practitioner experience. This combination of perspectives ensures a holistic and richly informed view of the subject and issues.

Leseprobe

Table of Contents

Praise for Investigating Terrorism: Current Political, Legal and Psychological Issues

Title Page

Copyright

Dedication

About the Editor

About the Contributors

Introduction

Part I: Political, Legal and Policing Context

Part II: The Criminal Justice Process

Part III: Individual and Group Perspectives

Part I: Political, Legal and Policing Context

Chapter 1: The Impact and Consequences of Terrorist Legislation in the United Kingdom Since 2001: A Review

The Changing Legal Landscape

Criminal Justice System: Prosecuting Terrorism

Civil Jurisdiction: Expansion of Executive Powers

Procedural Constraints

Conclusions

Notes

References

Legal Cases

Chapter 2: Investigating Terrorism in the First Decade of the Twenty-First Century: A Different Sort of Crime

Irish versus Islamist

A New Concept of Operations

Police and Security Service

Legislation

Counter-Terrorism versus Ordinary Decent Crime

The Politics of Counter-Terrorism

Conclusion

References

Part II: The Criminal Justice Process

Chapter 3: Challenge, Compromise and Collaboration: Part of the Skill Set Necessary for Interviewing a Failed Suicide Bomber

Counter-Terrorism Police Study

Failed Suicide Bomber: Interview Analysis

Conclusion

References

Legal Case

Chapter 4: Urgent Interviews and the Concept of Oppression in Terrorist Cases

Authorizing Urgent Interviews and Delaying Access to Legal Advice

Adverse Inferences in Practice Code H

Old-Style Caution

Public Policy Considerations

Oppression

Conclusion

Note

Legal Cases

Chapter 5: Defence Counsel in Terrorism Trials

Role of Defence Counsel

Legitimate Defence Tactics when Representing Someone Charged with Terrorism

Why Certain Lawyers Are Instructed and Potential Conflict of Interest

Dealing with Obstructive, Incompetent or Inexperienced Legal Representatives

Urgent Interviews (Public Safety Interviews)

Length of Detention and Interviews

The Risk of Oppression

What about Confessions Relied on for a Co-accused?

Between Charge and Trial

Trial

Problems in Defending

Notes

References

Legal Cases

Chapter 6: An Garda Síochána Model of Investigative Interviewing of Witnesses and Suspects

Legacy of the Conflict in Northern Ireland

Influence of Public Inquiries

Investigative Interviewing in Other Jurisdictions

Garda Síochána Interviewing Model

Interview Subject-Specific Considerations

Proposed Competency Model for Interviewer Certification

Conclusion

Acknowledgements

Notes

References

Legal Cases

Chapter 7: Risk Assessment of Terrorist Offenders: A Challenge Too Far?

Generic Risk Assessment and Management

Meta-analyses

The Pathway into Terrorism

Suicide Terrorists

Conceptual Issues

Terrorist Risk Assessment Tools

Further Current Tool Developments

Professional Issues

Clinical Experience

Multidisciplinary Working: Police, Probation and Security Services

Conclusions

Notes

References

Chapter 8: Hostage Negotiation and Communication Skills in a Terrorist Environment

Planning and Preparation: Creating the Right Environment

Stereotypes

Context: Planned or Unplanned

First Impressions and Thin Slicing

Listening Skills

Conclusion

References

Part III: Individual and Group Perspectives

Chapter 9: Understanding Suicide Terrorism: Insights from Psychology, Lessons from History

Conclusions

Notes

References

Chapter 10: Taking Anders Breivik Seriously as a Political Terrorist

Terrorist or Madman?

22 July 2011

Breivik as a Political Terrorist

Breivik and Kaczynski

Debating Breivik's Motivation: Commentators, Academics and Activists

Utøya Island and the World Trade Center

Extremist Nationalist Political Violence

Postscript: Breivik's Trial

Notes

References

Chapter 11: Social Psychology and the Investigation of Terrorism

Terrorist Psychology

Groups

Group Development

Using Tuckman's Model to Organize Intelligence and Predict Behaviour

Identity and Terrorism

Concluding Remarks

References

Chapter 12: Community Surveillance and Terrorism

Overview and Context of Community Surveillance within Counter-Terrorism Strategy

Project Champion

Dilemmas and Consequences

Conclusion

Acknowledgements

References

Legal Cases

Chapter 13: Thinking about Peace While Engaged in Counter-Terrorism: The Primacy of Intelligence

Introduction and Context

Northern Irish Peace Process: International Agreement and Domestic Legislation

Methodological Issues: Some Support from Other Public Inquiries

Legal Assessment of the Validity of the IMC Role and Methodology

Policing, Intelligence and Counter-Terrorism in Northern Ireland, 1969–1999

Three Models of Counter-Terrorism and a Hybrid Version

Two Models of Ending of Conflict

Thinking about Peace in a Period of Conflict

Leadership, Political and Paramilitary

Conclusions

Acknowledgements

Notes

References

Legal Case

Index

End User License Agreement

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Guide

Cover

Table of Contents

Introduction

Part I: Political, Legal and Policing Context

Begin Reading

List of Illustrations

Figure 6.1

Figure 6.2

Figure 6.3

Figure 11.1

List of Tables

Table 3.1

Table 3.2

Praise for Investigating Terrorism: Current Political, Legal and Psychological Issues

‘How can we be more effective in bringing terrorists to justice in ways that uphold our legal traditions? This book provides crucial clues drawn from highly experienced prosecution and defence lawyers, detectives, security experts and forensic psychologists. I highly recommend it for all who want to understand and respond to the serious threat from jihadist terrorism over the years to come.’

Professor Sir David Omand, former UK Security and Intelligence Coordinator, Permanent Secretary of the Home Office and Director GCHQ

‘The threat of terrorism is a dark shadow which affects all citizens throughout the world. In this well constructed book a group of eminent experts with extensive experience in the field provides valuable discussion of the causes and wider consequences of terrorism as well as its circumvention, investigation and prosecution. It comprises a substantial body of precious insight and guidance which will be of unquestionable value to policy and law makers, police investigators, judges and legal practitioners. Those who are active in this sphere would be well advised to familiarize themselves with its contents. I very strongly recommend it.’

Anthony Heaton-Armstrong, practising barrister at 9-12 Bell Yard

‘Edited and written by experts in their fields and with a plethora of experience, the authors know what they are talking about. This book is a must for those who need to know, those who are interested to know, and those who think they know it all already.’

Susan Young, Professor of Forensic Clinical Psychology, Broadmoor Hospital, West London Mental Health Trust

‘First-rank expertise on the detection, investigation and prosecution of terrorist crime accompanies insights into the motives of its perpetrators. The combination is unusual, welcome and thought-provoking.’

David Anderson, QC, Independent Reviewer of Terrorism Legislation

‘A collection of very informative papers from many of the experts in the front line of confronting, analyzing, detecting and dealing with terrorism and terrorist suspects. It confirms that we have no room for complacency, that we are still learning and there is still much to be done.’

Alastair Logan, OBE, LLB, solicitor and member of The Law Society's Human Rights Committee

Investigating Terrorism

Current Political, Legal and Psychological Issues

Edited by

John Pearse

This edition first published 2015

© 2015 John Wiley & Sons, Ltd.

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Library of Congress Cataloging-in-Publication Data

Investigating terrorism : current political, legal, and psychological issues / edited by John Pearse.

pages cm

Includes bibliographical references and index.

ISBN 978-1-119-99415-2 (cloth)—ISBN 978-1-119-99416-9 (pbk.) 1. Terrorism—Law and legislation—Great Britain. 2. Terrorism—Prevention—Law and legislation—Great Britain. 3. Terrorism investigation—Great Britain. 4. Terrorism—Political aspects—Great Britain. 5. Terrorism—Great Britain—Psychological aspects. 6. Suicide bombers. 7. Domestic terrorism—Law and legislation. I. Pearse, John Joseph, 1954– editor.

KD8039.I58 2015

363.325—dc23

2014020564

A catalogue record for this book is available from the British Library.

Cover image: © Marco Prati / Shutterstock

Cover design by Design Deluxe

In memory of Tom, Andrew and John Mc– who achieved so much.

About the Editor

John Pearse, PhD, C. Psychol, AFBPsS, is Vice President of the Paul Ekman Group (paulekman.com) and Director of Forensic Navigation Services Ltd, an independent company that combines forensic consultancy and investigation with psychological training and empirical research. He has provided counter-terrorist advice and training around the world and has designed and delivered a number of acclaimed international multi-agency counter-terrorism seminars. John has undertaken a confidential national review of police interviewing with terrorist suspects in the UK and has designed and delivered a specialist national interview course for terrorist investigators combining essential interpersonal skills and cultural awareness with effective questioning techniques, strategic awareness and tactical measures. John has been researching and publishing on interviewing and interrogation and terrorist-related issues since 1991, and is a visiting lecturer at a number of colleges within the University of London.

About the Contributors

Lord Carlile of Berriew

, CBE, QC, was called to the Bar in 1970. He became a Queen's Counsel in 1984, is a Master of the Bench of Gray's Inn and sits as a deputy High Court judge. From 2001 to 2011 he was the UK Independent Reviewer of Terrorism Legislation. He now advises in a professional capacity on terrorism and compliance matters.

Peter Carter

, QC, was called to the bar in 1974, made Queen's Counsel in 1995 and is a Master of the Bench of Gray's Inn. From 2003 to 2005 he was chair of the Bar Human Rights Committee. He is ranked as a leading criminal silk by Chambers Guide to the Legal Profession, with an emphasis on fraud, terrorism, homicide and trafficking. He is an expert in international human rights law. He appears pro bono in appeals to the Privy Council. He has appeared in domestic and regional human rights courts outside the UK and participated in

amicus

briefs in overseas jurisdictions. He was one of the team instructed on behalf of both Houses of Parliament to present an

amicus

brief for the US Supreme Court in the Guantanamo Bay case of

Rasul v. Bush

which successfully challenged the US government's denial of constitutional and international human rights to the detainees.

Peter Clarke

, CVO, OBE, QPM, joined the Metropolitan Police in 1977 after graduating in Law from Bristol University. After attending the Royal College of Defence Studies, in May 2002 he became the head of the Anti-Terrorist Branch and for nearly six years led all terrorist investigations in the UK and against British interests overseas, including the London bombings (2005), the transatlantic airliners ‘liquid bomb’ plot (2006) and attacks in Bali, Saudi Arabia, Turkey, Qatar and elsewhere. He retired in 2008 and in 2009 he was appointed by the prime minister to the UK National Security Forum to advise government on the implementation of the UK National Security Strategy. From 2009 to 2013 he was a non-executive director of the Serious Organised Crime Agency in the United Kingdom. In 2014 he was appointed by the Secretary of State for Education to investigate allegations of Islamist infiltration into schools in the city.

John G. D. Grieve

, MPhil, CBE, QPM, served as a detective throughout London in roles that varied from undercover officer to intelligence policy chair. He was the first Director of Intelligence and led the Anti-Terrorist Squad as National Co-ordinator during the 1996–1998 bombing campaigns before becoming the first Director of the Racial and Violent Crime Task Force. He retired in 2002. He holds a number of academic posts including Senior Research Fellow at the University of Portsmouth; Professor Emeritus at London Metropolitan University; Honorary Fellow at Roehampton Institute, Surrey University; and Honorary Doctor at London Metropolitan University. In 2004 he was appointed as a Commissioner of the International Independent Monitoring Commission for the Peace Process in Northern Ireland, in which role he served until 2011. He is the independent chair of the Home Office/Ministry of Justice Independent Advisory Group on Hate Crime. He has published extensively on policing issues including investigation, counter-terrorism, intelligence, crisis management, community engagement, prevention and cultural changes.

Gisli H. Gudjonsson

is an Emeritus Professor of Forensic Psychology at the Institute of Psychiatry, King's College London, and an honorary consultant clinical and forensic psychologist at Broadmoor Hospital. Prior to his retirement from King's College on 1 January 2012, he was the head of Forensic Psychology Services for the Lambeth Forensic Services and Medium Secure Unit at the South London and Maudsley NHS Trust (SLaM). Professor Gudjonsson is a chartered psychologist and a Fellow of the British Psychological Society. A registered practitioner (clinical and forensic) with the Health & Care Professions Council (HCPC), he has been awarded two lifetime achievement awards and was appointed a Commander of the Order of the British Empire (CBE) in the Queen's Birthday 2011 Honours List for services to clinical psychology.

Max Hill

, QC, is Head of Red Lion Chambers in London, chair of the Kalisher Trust and a Bencher of Middle Temple. He is a former chairman of the Criminal Bar Association of England and Wales. He has unrivalled experience prosecuting terrorism trials, from

R v. Hulme and others

2003 (Real IRA), to

R v. Ibrahim and others

2007 (21 July 2005 London bombers) and

R v. Faraz

2011 (terrorist publications). He represented the Metropolitan Police Service at the Coroner's Inquests into the London bombings of 7 July 2005. He has a broad practice in general crime, spanning homicide to fraud and money laundering, as well as regulatory proceedings. He is also a Crown Court Recorder, authorized to sit at the Central Criminal Court.

Robert Lambert

divides his time between two part-time teaching posts at the Handa Centre for the Study of Terrorism and Political Violence, University of St Andrews, and at the John Grieve Policing Centre, London Metropolitan University. At both centres he teaches postgraduate and undergraduate modules based on his research and publications on terrorism, counter-terrorism, far right political violence and anti-Muslim hate crimes. In addition, he supervises and examines PhD research in the same arena. He is the author of

Countering al-Qaeda in London: Police and Muslims in Partnership

(Hurst, 2011).

Simon McKay

, LLB, LLM, is a solicitor advocate (all proceedings) and an honorary fellow of the School of Law, University of Leeds. He specializes in human rights and criminal law with a particular interest in state-based crimes (terrorism, Official Secrets Act, etc.), covert policing and surveillance issues. Until he resigned in 2012, he was the only solicitor advocate on the Attorney General's panel of special advocates in terrorist cases. He is the author of

Covert Policing Law and Practice

(Oxford University Press, 2011) and

Undercover Cop

(McKay Law, 2013).

Amy McKee

, BSc, MSc, DClinPsy, is a clinical psychologist based in the north west of England providing risk assessments, management advice, consultancy and treatment interventions with forensic populations. She has extensive experience of working with offenders who present with complex forensic and mental health needs and provides training to specialist investigation and interviewing courses with a focus on understanding the offender, particularly child offenders and female offenders. She has provided advice on media appeals, investigative interview strategies and downstream monitoring support to police forces throughout the United Kingdom on a number of major inquiries, and has worked closely for a number of years with the North West Counter Terrorism Unit, providing consultation services, risk and threat assessments, training and research. Currently she is working on Project Regulus examining pathways of lone actor terrorists by bringing together academic, practitioner and clinical perspectives to enhance counter-terrorism practice. This research is being carried out in collaboration with NWCTU, SO15 and University College London.

Geraldine Noone

is a sergeant in An Garda Síochána with over 30 years' service. She has considerable operational and training experience and specializes in investigative interviewing with An Garda Síochána and other European law enforcement agencies. She is a senior interview adviser and is responsible for the design and delivery of advanced interview and interview adviser courses. In addition, she is the business leader in the development of the Garda Síochána Interviewing Model (GSIM) and the

Manual of Guidance and Training

which supports this model. She is currently researching the psychological and background factors associated with ‘no comment’ interviews for a PhD at Liverpool University.

Carys Owen

was called to the Bar in 2002 following a short career in the British Army as an Intelligence Corps officer. Since 2009 she has specialized in terrorism cases, both civil and criminal. Her civil terrorism cases have included Guantanamo Bay litigation (involving a novel use of the Norwich Pharmacal disclosure regime:

Shaker Aamer v. Secretary of State for Foreign and Commonwealth Affairs

[2009] EWHC 3316 (Admin)), Abu Hamza (deprivation of British citizenship:

Abu Hamza v. Secretary of State for the Home Department

SC/23/2003), various exclusion, deportation, and terrorist asset freeze cases, as well as control order and TPIM cases involving suspected members of the transatlantic bomb plot, among others. Her criminal terrorism cases have involved bomb plotting in the UK as well as terrorist training abroad and possession of terrorism materials.

Karl Roberts

is a forensic psychologist and is Professor and Chair of Policing and Criminal Justice at the University of Western Sydney in Sydney, Australia. He is also an Adjunct Professor of Criminology and Criminal Justice at the University of Massachusetts. His areas of expertise are within the field of interpersonal violence and law enforcement investigation with a focus on the behavioural assessment of offenders, investigative interviewing by law enforcement, and risk assessment and risk management. He works closely with law enforcement and other agencies throughout the world, providing training and advice to investigations, and has advised over 400 major police investigations worldwide.

Andrew Silke

is Head of Criminology and Director for Terrorism Studies at the University of East London. He has a background in forensic psychology and criminology and has worked both in academia and for government. He has written extensively on terrorism and counter-terrorism and is frequently invited to speak at international conferences. Professor Silke serves by invitation on the UN Roster of Terrorism Experts and the European Commission's Network of Experts on Radicalisation. He is a member of the UK Cabinet Office National Risk Assessment Behavioural Science Expert Group. He has provided research advice to both the Royal Society in the UK and the National Academy of Sciences in the US and briefings to select committees of the House of Commons, and he was appointed in 2009 as a specialist adviser to the House of Commons Communities and Local Government Committee. In 2010 he gave invited oral testimony before the Canadian Special Senate Committee on Anti-Terrorism.

Clive Walker

is Professor of Criminal Justice Studies at the School of Law, University of Leeds, where he has served as the Director of the Centre for Criminal Justice Studies (1987–2000) and as Head of School (2000–2005, 2010). He has been a visiting professor at many universities, including George Washington and Stanford in the United States, and Melbourne and New South Wales in Australia. He has published extensively on terrorism issues. His most comprehensive work on terrorism is his book

Terrorism and the Law

(Oxford University Press, 2011). He is currently the special adviser to the Home Office's Independent Reviewer of Terrorism Legislation and has served as a special adviser to the parliamentary select committee which scrutinized what became the Civil Contingencies Act 2004. That experience resulted in another book,

The Civil Contingencies Act 2004: Risk, Resilience and the Law in the United Kingdom

(Oxford University Press, 2006).

Simon Wells

completed 30 years with the Metropolitan Police, and for 20 years he promoted the principles and practices of behavioural science for the benefit of law enforcement. Between 2003 and 2008 Simon was the course director of the National Negotiators Course and the operation head of the Hostage and Crisis Negotiation Unit. He was engaged in communicating and negotiating on behalf of the UK government, often with al-Qaeda, the Taliban and other ‘insurgent’ groups. He continues to interact with those involved in terrorism threatening national security, as well as training, coaching and mentoring support for the United Nations, and the US and UK governments. He is a co-director of Acacia 17, a company set up to provide expertise in communication skills, and has published on a wide range of issues, most recently on ‘Crisis Negotiation: From Suicide to Terrorism’, in

Handbook of Research in Negotiation

(Edward Elgar, 2013).

Adrian West

is a forensic clinical psychologist working in the National Health Service. During the past 20 years, he has also advised the police service on many serious crime investigations. His contribution to risk assessment in relation to the diverse forms of violent extremism is founded on a commitment to evidence-based practice, alongside the hope that future generations will find a way of living with each other that is more tolerant of difference.

Introduction

When this book was just a fledgling proposal it was sent to a number of anonymous reviewers to critique and one of the questions they were asked to address was:

To whom will this book be useful?

I am told that one of the responses was simply ‘al-Qaeda’. Under such circumstances I must start by outlining what this book is not about. It will not be revealing law enforcement or security service working practices and methodologies or any details of sensitive operational activity in the terrorist field. Rather, its purpose is to look at all of the very practical problems that those entrusted with investigating terrorism have been confronted with since the world order, and our perception of that world order, was drastically changed following the attacks on the Twin Towers and the Pentagon in the United States on September 11, 2001 – universally known as 9/11.

I am using the term ‘investigate’ in a very elastic fashion, given that I include in it not only law enforcement officers engaged in this field but also the lawyers tasked with prosecuting and defending terrorist suspects and the psychologists who have been challenged to explain and help us try to understand the motivation and belief systems that allow individuals to engage in such extreme behaviour: what drives a suicide bomber to carry out his or her mission, for example?

Prior to 9/11, the United Kingdom had endured three decades of terrorist conflict and unrest emanating principally from Northern Ireland, where one of the protagonists, the Provisional Irish Republican Army (PIRA), had repeatedly shown itself capable of detonating explosive devices throughout the British Isles. Such outrages led to the loss of many lives and many more people injured by such attacks, but over time the negative impact and press coverage they received, together with notable enforcement operations against them, led to a substantial change in strategy: advance warning with coded telephone messages replaced random attacks, allowing the police to evacuate the target areas and, while this ‘10 pence’ tactic resulted in considerable damage and disruption to services, there was a substantial reduction in the number of people killed or injured.