UK Borders Agency - Justice for Iwan and Sean - Defend the Right to Protest
- Target:
- Crown Prosecution Service & UKBA
- Region:
- United Kingdom
On Thursday October 18th at around 6.30am, Mrs Saleh and her two children were woken up by six UKBA officials and told to prepare for removal. Mrs Saleh’s daughter and family friends quickly came to help.
Two friends were arrested outside the family home without any initial explanation. They were later told that they would be charged under sections 26(1) and 89(2) with obstructing UKBA and police officers during the discharge their official duty.
Iwan and Sean had known the Saleh’s for some time and were well aware of the fear they faced at the threat of being sent back to Egypt. Mrs S and two of her children arrived in the UK in November 2007. Mrs S had been seeking sanctuary from an abusive husband whose campaign of terror, including credible threats to kill and spousal rape, had endangered both her life and that of her children for over fifteen years. The Egyptian authorities had ignored these crimes owing to her husbands close regime links to, amongst others, police, judges and other officials.
Both Iwan and Sean firmly believe that the arrest and forced removal of the family was unlawful. Counsel for the two men has made submissions that the case engages the defence of Duress of Circumstances in which the overriding need to prevent death or serious injury compels an accused to commit acts which are termed ‘offences’ but in reality are necessary steps to prevent a greater evil. Counsel has also argued that as there was an extant, in-country appeal lodged against deportation the warrant entitling the UKBA officials to enter the Saleh’s home was ultra vires as the family were still entitled to refugee status.
We feel that the October 18th UKBA action constitutes an abuse of process meriting investigation. Furthermore, the subsequent CPS decision to prosecute, far from serving any public interest, endangers free-expression and risks overturning the established principle of duress. We thus call for the charges against Iwan and Sean to be dropped.
Where survivors from other lands seek refuge from the threat of extra-judicial execution and spousal rape, they are entitled to a expect fair process, governed by the rule of law. Where a reasonable bystander peacefully intervenes to prevent the commission of an unlawful harm, they deserve commendation - not prosecution!
Both Iwan and Sean firmly believe that the arrest and forced removal of the family was unlawful. Counsel for the two men has made submissions that the case engages the defence of Duress of Circumstances in which the overriding need to prevent death or serious injury compels an accused to commit acts which are termed ‘offences’ but in reality are necessary steps to prevent a greater evil. Counsel has also argued that as there was an extant, in-country appeal lodged against deportation the warrant entitling the UKBA officials to enter the Saleh’s home was ultra vires as the family were still entitled to refugee status.
We feel that the October 18th UKBA action constitutes an abuse of process meriting investigation . Furthermore, the subsequent CPS decision to prosecute, far from serving any public interest, endangers free-expression and risks overturning the established principle of duress. We thus call for the charges against Iwan and Sean to be dropped.
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The UK Borders Agency - Justice for Iwan and Sean - Defend the Right to Protest petition to Crown Prosecution Service & UKBA was written by Jamie von Insole and is in the category Justice at GoPetition.