Criminal gangs seek refuge in human rights law
CRIMINAL gangs will use human rights legislation to stop a police clampdown on "front" companies used to disguise their illegal activities, leaked documents reveal.
A strategy briefing note prepared for Strathclyde Police reveals that senior detectives and government advisers believe "a battery of lawyers" working for organised crime figures are preparing legal responses to their new onslaught on gang-run businesses, particularly security and taxi firms.
The document shows law enforcement officials fear targeting legitimate businesses linked to crime gangs will get bogged down in the courts.
It says: "Organised crime will not 'lie down' in the face of concerted action: it has significant resources in its own right, including a battery of lawyers only too willing to accept the challenge.
"Nevertheless, this challenge must be faced and overcome. The strategy recognises that human rights challenges against concerted police, government and partner agency action may underpin organised crime's response."
While stressing police support for human rights law, the document calls the legislation a "balancing act" between the rights of the individual and society as a whole.
It warns top-tier criminals can afford to hire advocates to exploit legislative loopholes.
The human rights backlash is expected as police and partners such as the UK Border Agency and Security Industry Authority (SIA) use
"new and lawfully audacious tactics" to tackle the underworld's fronts.
In recent weeks, police and SIA agents have raided hundreds of west of Scotland building sites guarded by firms they suspect are linked to crime gangs in a bid to clean up the sector ahead of the 2014 Commonwealth Games.
Forces, including Strathclyde and Lothian and Borders, are also exploring new information-sharing protocols with other public bodies, by which detectives will be able pass on intelligence on firms that bid for government contracts.
However, some individuals losing their licences to run private security firms have never been convicted in a court of law. Others are expected to react angrily if denied lucrative contracts on the say-so of police alone.
Gavin Scott, a senior security company manager who works for an unnamed Glasgow company, was stripped of his licence after police intelligence reports suggested his employees had been intimidating rival outfits.
He has launched an appeal claiming the decision threatens his only source of income, argument about which was considered last week at Glasgow Sheriff Court.
He was not available for comment yesterday.
The Strathclyde briefing document stresses legitimate interests must be targeted – even if it means more violence and legal trouble as gangsters lash out in the short term.
It says: "Unless concerted action is taken against criminal security and taxi companies they will continue to expand, eventually dominating the market and making it almost impossible for legitimate companies to operate or new companies to establish themselves.
"One of the consequences of targeting the organised crime groups behind criminal security and taxi companies is that instances of violence, intimidation and criminal damage are likely to rise in the short term, before positive effects are seen.
"Nevertheless, if we are to impact on organised crime, we have to employ new and lawfully audacious tactics. To use an analogy, major surgery will leave scars, but it is necessary otherwise the cancer of the criminal security and taxi industry will get worse."
Graeme Pearson, the former head of the Scottish Crime and Drug Enforcement Agency who now runs Glasgow University's Institute for the Study of Serious Organised Crime, yesterday called for new legal tools to tackle career criminals.
He said: "No doubt there will be significant challenges. There will be those who defend the sanctity of Scottish criminal law as it stands. The reality is that too many organised crime figures use the law as it is now to protect their criminal life styles."
He fears Scotland could end up like Mexico and Italy, where organised crime has become part of the social fabric.
Human rights activists are already nervous about robust police attitudes on tackling crimelords and the increasing use of civil and administrative proceedings – rather than criminal courts – to defeat them. Defence agent John Scott, former head of the Scottish Human Rights Centre, said: "There is always a danger police target people because they say they 'know' they are criminals, and use the civil courts, where the burden of proof is lower, to strip them of their livelihoods. These are the attitudes that lead to miscarriages of justice."
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