Brutal deportations must stop
The violent death of Jimmy Mubenga reveals that 'fortress' Britain controls its borders by increasingly inhuman means
Anna Morvern, guardian.co.uk, Friday 15 October 2010
Jimmy Mubenga Jimmy Mubenga died during deportation from the UK. Photograph: Graeme Robertson
Jimmy Mubenga died during deportation from the UK, and the first fingers of blame will undoubtedly be pointed at the Home Office-contracted private security firm, G4S. But we need to look at ourselves and ask how we became a society that will now effect deportations by almost any means possible.
Anyone employed as an immigration adviser, as I am, is aware of the use and abuse of state-sanctioned force against immigrants that lies just beneath the Home Office UK Border Agency's "firm but fair" rhetoric. I'll never forget representing a 24-year-old Ugandan woman who was HIV-positive and weighed only six stone, who bravely spoke out to the BBC about her treatment by officers inside Colnbrook immigration removal centre: "Two were holding my arms, two were holding my legs and then they hit my head on the floor," she said. "I was feeling pain and then they twisted my arms and pressed my head on the bed. "I couldn't breathe and then I was shouting 'I can't breathe, I can't breathe' but they were just twisting it harder." For his part, Tom Riall, chief executive of the home affairs division of Serco, which runs Colnbrook, said staff there do their jobs "with care and decency and considerable respect for all of those in our charge". "We only use physical restraint as a last resort," he added.
The NGO Medical Justice has documented allegations of brutality during immigrants' detention and removal, while the Medical Foundation for the Care of Victims of Torture provides a shocking catalogue of injuries sustained by failed asylum seekers on being removed from the UK: "Loss of consciousness; tooth coming loose, bleeding from the mouth; testicular pain; difficulty passing urine; nose bleed, sprained neck from having neck forcibly flexed (head pushed down); bony tenderness over the cheekbone from a punch to the face; abrasion over the cheekbone from being dragged along the ground; lip laceration (splitting) from having head pushed down against the ground; bruising under the jaw and tenderness over the larynx from fingers being pressed to the throat; laceration over the temple from having head banged against hard object …"
Whether or not the use of force is "lawful" does not detract from the fact that these are forced removals and many will involve the security guards in engaging in some form of physical restraint that will cause injury. This reality is kept from us. What goes on behind closed doors, where migrants are locked-up and deported, is partly hidden from view, in the 11 UK removal centres run by G4S, Serco and the Geo Group on behalf of UKBA, in the transit vans and on charter flights which have no public witnesses (or military flights in the case of deportations to Iraq).
But the raison d'etre for this inhumanity is public enough: it is UK government policy to remove more people. An intensification of border control inevitably sacrifices a human approach: from visa national lists to the criteria of the UK's points-based immigration system, the focus is on particular nationalities or categories of people to exclude from the UK. Target-driven deportation and removal statistics dictate who leaves and when, rather than the needs and desires of the individual human being at stake. Under this political agenda, the UK has become part of a "fortress Europe" that is spending ever more money and force on controlling human movements and on securing its borders.
The free-speech activist Mario Savio said: "There comes a time when the operation of the machine is so odious that you cannot even passively participate. You've got to place your body on the gears, the levers, all the apparatus." The task that Savio describes is not the task of the individual migrants who are handcuffed and forced into the vans and onto the planes, although many do pit their voices and bodies desperately against the deportation machinery. It is the task of all of us who do not believe that the ends of border control justify the increasingly inhuman means. We live in a democracy and we can demand change.
I hope we are still civilised enough to regret the death of Mubenga, and those who have died before him, since the shameful death of Joy Gardner nearly 20 years ago, by the deportation authorities' leather belt, 13 feet of tape and handcuffs. If we mourn, we'd do well to channel our grief at Mubenga's abuse into vocal resistance of the odious immigration controls, as they provide an inherent justification for the crushing and accelerating apparatus of forced deportations.
• This article was updated at 12:30 on 15/10/2010
http://www.guardian.co.uk/commentisfree/2010/oct/15/deportation-jimmy-m…
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Security guards accused over death of man being deported to Angola
Exclusive: Witnesses on BA flight say Jimmy Mubenga was being heavily restrained by guards from private security firm G4S
A man who died while being deported to Angola was being heavily restrained by security guards and had complained of breathing problems before he collapsed, a witness has told Guardian.
Jimmy Mubenga lost consciousness while the British Airways flight was on the runway at Heathrow on Tuesday night. The commercial flight was cancelled and Mubenga was taken to hospital, where he was pronounced dead.
Kevin Wallis, a passenger on the aircraft, said he had been sitting across the aisle from Mubenga and watched as three security guards restrained him with what he believed to be excessive force.
Wallis said he heard Mubenga complain: "I can't breathe, I can't breathe" for at least 10 minutes before he lost consciousness, and later observed that handcuffs had been used in the restraint.
Last night, police confirmed that they were investigating the death of Mubenga, who they said was "deported from the UK under escort by three civilian security guards".
"Inquiries continue to establish the full circumstances of the incident," a Scotland Yard spokesman said. "There have been no arrests."
The guards worked for G4S, a private security firm contracted to oversee Home Office deportations. In a statement, G4S said a man "became unwell" on a flight while being deported.
The wording was echoed by the Home Office, which said Mubenga had "taken ill" – but Wallis, who described having the clearest view of any passenger on the aircraft, said that account was "absolute rubbish".
The 58-year-old, an oil engineer from Redcar, said he became aware a man was in distress as soon as he boarded BA flight 77, bound for Luanda, at around 8pm.
Speaking on the phone from Soyo, in the northern province of Angola, he described how he heard Mubenga "moaning and groaning" as though in pain.
His leather jacket had been taken off, and some passengers had been moved away.
He said two security guards were sitting either side of Mubenga and "holding him down".
Kevin Wallis describes security guards restraining Jimmy Mubenga on the plane Link to this audio
A third guard was occasionally holding him down from the passenger seat immediately in front, he said. All three were sitting on the final row at the rear of the BA flight.
He said Mubenga had been trying to get up, saying: "I don't want to go", adding: "They must have been forcing him down, because I didn't realise until afterwards that he was handcuffed.
"They must have had him doubled over and they were both on either side putting pressure on him, so when he got a bit stronger or tried to lift up, the guy on the other seat [in front] leant over and pushed him down again."
Wallis described receiving a call from his wife, who could hear the incident over the phone. "She said: 'That sounds really nasty – what's going on?' I said: 'They're going to [deport] a bloke, and he didn't want to go.'"
He added: "One of [the security guards] – I think it was the one in front – said: 'He'll be alright once we get him in the air – he just doesn't want to go ... once we get him up in the air he'll be alright."
Mubenga's wife, Makenda Kambana, said she spoke to him as he sat on the plane waiting to be deported.
"He was so sad, he was saying: 'I don't know what I am going to do, I don't know what I am going to do,'" she said. "Then he said: "OK, just hang up and I will call you back" ... but he never did call back ... I never heard from him again."
She said she had spoken to him earlier in the day, when he appeared to be calm and was getting on with his guards.
"He was friendly with them. They did not put him in handcuffs because he was good to them. I heard them asking him: 'How are the children'," she said.
Mubenga and his wife lived in Ilford, Essex, with their five children, aged between 16 years and seven months.
Kambana said the family had been devastated by his death. "I feel so sad. I don't know, I was thinking if I was there to help him," she said. "The children just can't stop crying, and I don't know what to say to them."
Mubenga's complaints about his breathing difficulties continued for "10 minutes at least" before he lost consciousness, Wallis said.
Asked whether Mubenga he been consistently complaining about his breathing during those ten minutes, he replied: "Yes, he was saying: 'I can't breathe, I can't breathe.'"
He said Mubenga was not making other complaints but he could hear him heaving as though being sick, adding: "I think they were scared of him ... they put so much pressure on him because he looked a big lad. The three security guards were big blokes as well."
When it was clear Mubenga had lost consciousness, he was laid down in the aisle. The captain was alerted and police and paramedics called.
Wallis said he believed the security guards notified the crew. "He just went quiet for a good while, then they checked his pulse and they must have thought it was very, very low," he said. "They [the guards] brought him up then, and I saw his head and everything. They checked his neck pulse and his wrist pulse. That is when they looked a bit worried."
He added: "The paramedics tried to resuscitate him on the floor beside me. They chased the security guards and said: 'Get out of the way, we don't want to know you'. The security guards were trying to have a look to see what was going on, but the paramedic – a young lady, she was – said: 'Will you get out of the way?'"
Several passengers, including Wallis, were interviewed by detectives before they were allowed to board the flight 24 hours later. It was then Wallis discovered that Mubenga had died.
He added: "Knowing that he was being handcuffed, I would say they put far too much [pressure on Mubenga]. He must have been in horrible pain and pressure."
A second witness has also come forward to tell the Guardian he heard Mubenga say repeatedly: "They're going to kill me." He estimated that the three security guards were on top of Mubenga for 45 minutes.
The 29-year-old engineer, who asked to be referred to only as Ben, was sitting around 10 rows in front of Mubenga on the same flight.
He also became aware a passenger was in distress after he boarded the plane and saw a commotion. He said he saw one of three security guards remove a handcuff from his pocket to restrain Mubenga's arms.
"There were three guys trying to hold him," he said. "This led to them pushing everyone further up the plane, so we were all pushed into first class."
When allowed back into the main cabin, he said the three guards were leaning on top of Mubenga.
"You could hear the guy screaming at the back of the plane. He was saying: 'They are going to kill me.' That's what he repeatedly said," he added.
"He was saying that right from when I got on the plane. He just kept repeating that all the way through."
The engineer added that it was not clear whether Mubenga was referring to the guards or his political adversaries in Angola, and most of the passengers were not concerned.
"He was muffled because they were holding him down," he added. "No one was that alarmed by what he was saying. He just then went quiet. We were about take off and there was an announcement saying that someone on the plane was very ill."
He said Mubenga "had been slumped down on his seat because they were pressing down on him. You only ever saw the top of his head a little bit or you heard him muffle[d] because they were on top of him."
In 2006, Mubenga was convicted of actual bodily harm after a brawl in a nightclub and given a two-year sentence.
http://www.guardian.co.uk/uk/2010/oct/14/security-guards-accused-jimmy-…
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Detained immigrants 'are abused'
Hundreds of detained immigrants claim to have been physically assaulted or abused by staff at privately-run detention centres, a charity says.
Bail for Immigration Detainees (BID) told the BBC's Today programme many are afraid to speak out because they fear that would adversely affect their case.
BID says it also gets complaints about a lack of respect in the centres.
A Home Office spokesman said that any staff found not to treat detainees with respect and dignity could be dismissed.
We get enough calls to our helpline to be very concerned about abuse and violence going on in the detention centres
BID
One detainee - 24-year-old Suzan from Uganda, who is HIV positive and weighs six stone - says she was excessively restrained by four officers at the Colnbrook detention centre near Heathrow Airport, after she refused to hand over her walking stick to a nurse.
"Two were holding my arms, two were holding my legs and then they hit my head on the floor," she said.
"I was feeling pain and then they twisted my arms and pressed my head on the bed.
"I couldn't breathe and then I was shouting 'I can't breathe, I can't breathe' but they were just twisting it harder."
BID caseworker Anna Morvern said Suzan's was not an isolated case.
"We get enough calls to our helpline to be very concerned about abuse and violence going on in the detention centres.
"They're often very scared about reporting abuse or ill treatment to the authorities.
"They fear it will have a detrimental effect on their claim to stay here, if they're claiming asylum, or they fear reprisals, they fear further ill treatment."
Injury reports
Dr Frank Arnold, who examines detainees on behalf of the Medical Justice Network, said he had seen a number of injuries consistent with claims of assault.
"There are many, many cases of this kind of injury which have been reported to the police, and reported by our organisation, the Medical Foundation for the Care of Victims of Torture and by BID."
Police and the Home Office are both investigating the complaint made by Suzan, who was due to be removed to Uganda on Tuesday night before being granted a temporary reprieve.
The Home Office spokesman said that anyone found to have contravened rules on humanity and respect would face disciplinary action and possible dismissal.
We only use physical restraint as a last resort and, on the occasions where we do use physical restraint, absolute minimum force is used
Serco
Tom Riall, chief executive of the home affairs division of Serco, which runs Colnbrook, said staff there did "a difficult job".
"But we do it with care and decency and considerable respect for all of those in our charge.
"We only use physical restraint as a last resort and, on the occasions where we do use physical restraint, absolute minimum force is used."
The allegations involving Suzan were now being investigated by the police, he said.
"But as I understand it, the detainee concerned was both kicking out at and attempting to bite members of staff and, under those circumstances, it was considered necessary to use physical control and restraint."
http://news.bbc.co.uk/2/hi/uk_news/5405222.stm
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Deportation escorting turns into big business for private firms
There are 11 immigration removal centres across the country, most of which are operated by private security companies
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* guardian.co.uk, Thursday 14 October 2010 20.37 BST
* Article history
Private security firm G4S Between May 2005 and November 2006 private security firm G4S was paid more than £9m for overseas escort services.
The scale of Britain's largely privatised deportation industry has mushroomed as the Home Office responds to political pressure for the faster removal of failed asylum-seekers and people overstaying their visas.
There are 11 immigration removal centres across the country with space for around 3,000 detainees. Most are operated by private security companies such as G4S, GEO Ltd or Serco; several are managed by the Prison Service.
G4S – formerly known as Group 4 Securicor – runs Dungavel in Scotland, Oakington near Cambridge, Brook House and Tinsley House, both on the perimeter of Gatwick Airport, on behalf of the UK Border Agency. Oakington is due to close next month.
The company, which claims to be the second largest private employer in the world with 595,000 staff, is also the main contractor providing services to escort those removed from the UK on repatriation flights overseas.
Additionally, G4S runs the UK Border Agency's Transport PLUS service, which shuttles asylum-seekers to and from their accommodation and key sites in the UK.
Failed asylum-seekers and deported visa overstayers are either put on scheduled commercial flights or gathered up in periodic round-ups for mass deportations on specially chartered flights. They are always accompanied by private security guards.
There are usually at least twice as many security guards as deportees. The Home Office insists that use of force is a "matter of last resort" if someone becomes disruptive or refuses to comply, or to prevent deportees from harming themselves. Handcuffs and, in exceptional cases, leg restraints can be used.
In 2008, the UKBA recorded that more than 66,000 people were either removed from the UK or returned voluntarily to their native countries.
Increasingly, deportation charter flights have been organised on a collaborative basis between groups of European countries who collect batches of failed asylum-seekers due to be returned to destinations such as Iraq or west Africa. On occasions the EU border agency Frontex co-ordinates the hiring of planes.
In 2008-9, the cost to the government of repatriation charter flights rose to £8,227,553.38, according to a written answer provided by then immigration minister Phil Woolas in January this year. Between January and early December 2009 there were 64 charter flights to countries as diverse as Albania, Afghanistan, Iraq, Kosovo, Nigeria, Jamaica and the Democratic Republic of Congo.
This year Cecilia Malmström, the Swedish EU commissioner for home affairs, called for all deportation flights to carry human rights monitors to check on the safety of forcibly removed failed asylum seekers.
"Safeguards [should be] put in place to make sure that … return operations are carried out in full respect of fundamental rights," she said. "For example, an independent monitor shall be present during such operations and report … on compliance with EU law."
At the time a UKBA spokesman said that Britain has "on occasion" allowed representatives of the Independent Monitoring Board on deportation flights as observers. "This is a matter we will keep under review," he added.
A further significant cost has been the compensation paid to migrants who were traumatised after being locked up in detention centres across the UK. Home Office officials accept that the figure has run to millions of pounds over the past three years.
In one case in August, a gay asylum seeker from Uganda was awarded £100,000 after the Home Office admitted breaking the law by deporting him and putting his life in danger. The man said he had been beaten with sticks, burned and hung upside down after being imprisoned in Uganda.
According to Hansard, between May 2005 and November 2006 G4S was paid more than £9m for overseas escort services. A G4S spokesman said: "We currently hold [a] contract for overseas escorting. We do book flights for scheduled and charter [removals] but do so via the Home Office's contracted supplier."
Positional asphyxia
Positional asphyxia, which occurs when someone's physical position prevents them breathing, has led to a small but significant number of sudden deaths under restraint by police or prison officers.
The prison service warns staff of a common misconception that if an individual can talk they can breathe. "An individual dying from positional asphyxia may well be able to speak or shout prior to collapse," states the HM prison service order.
The Metropolitan police which overhauled its restraint guidelines after the unlawful death by positional asphyxia of Roger Sylvester (above) in 1999, says restraining a person in a position that compromises their airways can lead to asphyxiation. They add that forcing the head down towards the knees is particularly dangerous: "Restraint where the subject is seated requires caution, since the angle between the chest wall and lower limbs is already decreased." Alan Travis
http://www.guardian.co.uk/uk/2010/oct/14/deportation-escorting-security…
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Key findings of this report - 141 cases are featured in this report involving children detained between 2004 and April 2010. These children spent a mean average of 26 days each in detention. One child had spent 166 days in detention, over numerous separate periods, before her third birthday. 48% of the children in this report were born in the UK.
74 children were psychologically harmed. Symptoms included bed wetting and loss of bowel control, heightened anxiety, and food refusal. 34 children exhibited signs of developmental regression, and six children expressed suicidal ideation either whilst in or after they were detained. Three girls attempted to end their own lives.
“The fact that UKBA is still detaining children at Yarl’s Wood despite announcements to the contrary raises serious questions about the consistency between the will of government and the actions of UKBA. The government must now show it is in control of UKBA. It must order and ensure the release of any detained children today and stop what the Deputy Prime Minister correctly refers to as ‘state sponsored cruelty’. The dossier of evidence we are publishing brings to light the extent to which detaining children cases harm, suffering, and anguish. Children have attempted to end their own lives, and have been left seriously physically and psychologically damaged ”.
Jon Burnett, Medical Justice, author of “‘State Sponsored Cruelty’: Children in immigration detention”
Download the 'State Sponsored Cruely' report
Download the Medical Justice 2008 Annual Report
"Outsourcing Abuse - The use and misuse of state-sanctioned force during the detention and removal of asylum seekers" by Birnberg Peirce & Partners, Medical Justice and NCADC describes an alarming number of injuries sustained by asylum deportees at the hand of private “escorts” contracted by the Home Office. It reveals evidence of widespread and seemingly systemic abuse and that assault claims have largely been brushed off by the Home Office. Press release
About Medical Justice
Medical Justice facilitates the provision of independent medical advice and independent legal advice and representation to asylum seekers detained in immigration removal centres. We also seek to negotiate changes to policy and practice within detention centres and publish our findings on the treatment of detainees. We have had some notable successes in those respects.
Medical Justice was established in October 2005 and its membership comprises highly skilled medical professionals, solicitors, barristers, ex-detainees and detention centre visitors. The national office for Medical Justice is located in London in addition to two regional branches in Oxford and Dover/Canterbury.