IRA spy’s lawsuit against MI5 to be judged in secret, UK court decides
July 15, 2015 Leave a comment
A lawsuit against Britain’s Security Service (MI5) by a former spy, who in the 1980s infiltrated the Provisional Irish Republican Army, commonly known as IRA, is to be judged in secret, a court in London has decided. The spy, Martin McGartland, of Belfast, Northern Ireland, was recruited by the Special Branch of the Royal Ulster Constabulary in the mid-1980s. The information he supplied to the security agencies over several years is widely credited with having saved the lives of at least 50 British police officers and soldiers. His autobiographical experiences formed the basis of the 2008 motion picture 50 Dead Men Walking.
However, McGartland’s cover was dramatically blown in 1991, when the IRA began suspecting that he might be an MI5 mole. After several hours of interrogation by the IRA’s Internal Security Unit, McGartland managed to escape his captors by throwing himself out of a third-floor window. He survived serious injuries and was taken into hiding by MI5, living in a series of safe houses across Britain for nearly a decade. In 1999 the IRA caught up with him at an MI5 safe house in North Tyneside, in the northeast of England, where he was shot and left for dead by an IRA hit team while walking to his car.
McGartland is now suing MI5 and its institutional patron, the British Home Office, claiming that they failed to support him after he was shot by the IRA. In his lawsuit, McGartland claims that the government funding he was receiving for treatment for post-traumatic stress disorder was withdrawn after he publicly criticized the British government’s counterterrorism policies. In May of 2013, it emerged that Home Office solicitors had filed a formal request to hold the trial as a Closed Material Procedure (CMP) hearing. This type of practice, which became law in Britain under the 2013 Justice and Security Act, allows the court to decide a case without giving the plaintiff party any details of the information against them.
In many cases, the government resorts to CMP ostensibly to protect ‘sources and methods’. But McGartland’s legal team said that the secret hearing was designed “solely to cover up [MI5’s] own embarrassment and wrongdoing and not, as the Government has been claiming, to protect national security”. Moreover, civil rights groups warned that applying CMP to McGartland’s lawsuit would open the way for the imposition of wider restrictions on the principle of open justice and would normalize secret hearings in the civil courts.
After the judge hearing the case decided to impose CMP on the proceedings, McGartland’s legal team filed an appeal. Now the appeal judges seem to have sided with the Home Office. In a decision published on Tuesday, the judges opined that the imposition of CMP was “a case management decision properly open to the judge and there is no proper basis for this court to interfere with it”. They added that their decision did not represent a blanket approval of secret legal proceedings, but that they expected court judges to scrutinize future CMP applications “with care”.
The ruling means that McGartland’s legal team will not be allowed to hear testimony by certain MI5 witnesses or view court material designated as “sensitive” by the government. Lawyers for the former IRA informant said on Tuesday that the approval of the imposition of CMP represented “a serious aberration from the tradition of open justice”. But lawyers for the Home Office said that the ability to protect sensitive information was central to the proper function of a national security service.
► Author: Joseph Fitsanakis | Date: 15 July 2015 | Permalink: https://intelnews.org/2015/07/15/01-1735/
On July 2, 2015, the Dutch government released for public consultation a long-awaited bill that overhauls the Dutch Intelligence and Security Act of 2002. Known also as Wiv2002, the Act is the legal framework for the operations of the General Intelligence and Security Service (AIVD) and the Military Intelligence and Security Service (MIVD). The bill is a complete rewrite of the present law, and includes expansions of power, as well as changes to the approval regime and oversight. The below provides a brief overview focused on the interception and hacking powers.
A German investigator, who is probing the downing of a civilian airliner over Ukraine nearly a year ago, says that an informant has claimed a multimillion reward for information pointing to those responsible for the attack. The investigator, Josef Resch, of Lübeck, Germany, says that a binding non-disclosure agreement does not allow him to reveal his client, who offered the $47 million reward. But he told German business magazine Capital that he is hopeful his client will soon reveal the details, since “people who pay that kind of money in exchange for information do not keep it for themselves”. However, he also hinted that his client may be an intelligence agency, who may decide to “deal with the matter without fanfare”.
A former army colonel and police commander in Tajikistan, who features in a new Islamic State propaganda video, was trained in counterterrorism by the United States government, according to officials. Until earlier this year, Colonel Gulmurod Khalimov was a commander in Tajikistan’s Special Purpose Mobile Units. Known commonly as OMON, these elite units are a cross between anti-riot corps and counterterrorism forces. They date from the Soviet era and are common features of the law enforcement architecture of most former Soviet republics, including Tajikistan, whose population is 98 percent Muslim.


By J. FITSANAKIS and I. ALLEN | intelNews.org












Leaked document confirms Israel was behind Syrian official’s killing
July 16, 2015 1 Comment
On August 1, 2008, Suleiman was shot dead with bullet wounds to the head and neck fired from a silenced rifle. He was shot as he was hosting a party on the beach behind his luxury villa at the Rimal al Zahabiya (Golden Sands) resort area, located to the north of the Mediterranean port city of Taurus. The assassins are believed to have fired the shots from a yacht, which was seen rapidly sailing away from Rimal al Zahabiya moments after the shooting. Most observers put the blame squarely on Israel. In 2009, an investigative report by German newsmagazine Der Spiegel said Israel had killed Suleiman due to his leading role in Syria’s nuclear program. However, a cable released by whistleblower website WikiLeaks in 2011 revealed that French intelligence analysts believed Suleiman had been killed as a result of a bloody power struggle within the Assad regime. These have been the two leading theories behind Suleiman’s mysterious killing.
On Wednesday, however, a document authored by the United States National Security Agency (NSA) was leaked, which shows that American intelligence analysts are certain that Israeli commandos were behind Suleiman’s assassination. The document was leaded by former NSA contractor Edward Snowden, who defected to Russia in 2013. It comes from Intellipedia, the US Intelligence community’s classified version of Wikipedia, which was formally launched in 2006. It describes Suleiman’s killing as an operation carried out by “Israeli naval commandos” and calls it “the first known instance of Israel targeting a legitimate [foreign] government official”. According to The Intercept, which published the leak, the Intellipedia document is labeled “SI”, which means that the information contained in it was not voluntarily shared with the US by Israel, but was rather acquired through the interception of electronic signals.
If the leaked document is accurate, it would mark the first confirmation by a government agency that Israel was indeed behind Suleiman’s assassination. The Intercept contacted the NSA and the Office of the Prime Minister of Israel. However, neither party responded to several requests for comment.
► Author: Joseph Fitsanakis | Date: 16 July 2015 | Permalink: https://intelnews.org/2015/07/16/01-1736/
Filed under Expert news and commentary on intelligence, espionage, spies and spying Tagged with assassinations, Edward Snowden, Intellipedia, Israel, Muhammad Suleiman, News, NSA, Syria