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Human rights raised at Anwar case Judge accused of 'over-reaction'
(about 4 hours later)
The human rights group Liberty is being given unprecedented access to a Scottish court in a case involving solicitor Aamer Anwar. A High Court judge has been accused of "over-reaction" for suggesting a statement made by a solicitor may have been in contempt of court.
Mr Anwar is appearing before three judges at the High Court in Edinburgh, who will decide whether he has committed contempt of court. Aamer Anwar made the statement shortly after his client, Mohammed Atif Siddique, from Alva, had been convicted of terrorism offences.
The case follows a statement he made at the end of the trial of an Alva man convicted of terrorism charges. Lord Carloway referred the case to three senior judges.
Liberty will tell the court the case is an attack on free speech. But Paul McBride QC, representing Mr Anwar, said the statement was authorised by Siddique, 21.
The group has been briefed by the leading human rights lawyers Michael Mansfield QC and Lady Helena Kennedy. He also told the High Court in Edinburgh Mr Anwar had toned it down and made it more eloquent.
Mr Anwar made his comments following the trial of Mohammed Atif Siddique outside the High Court in Glasgow in September. Mr Anwar made his comments following the trial of Siddique, outside the High Court in Glasgow in September.
It's a fundamental principle that court hearings which are held in public can be fully and freely commented upon, whether to compliment and praise, or whether to criticise Paul McBride QCDefending
Moments after the jury delivered its verdict, he said it was "a tragedy for justice and for freedom of speech".Moments after the jury delivered its verdict, he said it was "a tragedy for justice and for freedom of speech".
We're all here today because what Aamer is being tried for is a threat to the whole of the civil liberties of Scotland Hugh KerrSolidarity He also claimed the student's case was heard in an "atmosphere of hostility" and alleged the prosecution was "driven by the state".
The trial judge, Lord Carloway, accused the solicitor of making "disparaging remarks" about him, the jury, and the prosecution and called Mr Anwar before him to explain his conduct. Lord Carloway said the statement criticised the prosecutor, the jury and his conduct of the trial.
The solicitor told the judge he had made the statement on behalf of his client. Mr McBride said it was acceptable for a lawyer - in a case of intense media interest - to make his client's position clear.
About 60 supporters from various campiagn groups held a rally at the court before Tuesday's hearing. They believe the action against Mr Anwar amounts to an attack on the fundamental right of lawyers to represent their clients. "A solicitor, in my respectful submission, may take reasonable steps to deal with his client's reputation following a decision taken by a court," Mr McBride said.
Mr. Anwar's legal team will argue that this is enshrined in the European Human Rights Declaration which guarantees free speech. "It's a fundamental principle that court hearings which are held in public can be fully and freely commented upon, whether to compliment and praise, or whether to criticise."
He said a solicitor expressing his own views, or those of a convicted person, outside a court, "does not wilfully challenge the authority of that court or the supremacy of the law itself".
Recording played
Arguing that his client should not be held in contempt, Mr McBride said: "An accused's protestations of innocence, delivered via a solicitor, cannot be a contempt of court."
He added that a solicitor could not be in contempt for criticising the court's decision publicly and that it was a lawyer's duty to criticise laws that they reasonably perceived to be unjust.
The court was played a television recording of the statement, as well as an interview Mr Anwar gave to the BBC's Newsnight Scotland.
It is understood to be the first time in the UK that a solicitor has faced a contempt of court allegation, following the conviction of a client and in relation to comments made outside court.
If he is held in contempt, the Glasgow-based solicitor could be jailed or fined.
The case has attracted criticism as an attack on freedom of speech and campaign group Liberty has sent its lawyers to the court with a view to advising the court on human rights issues.
This is believed to the first time such an intervention has been made in Scotland.
Liberty has been briefed by the leading human rights lawyers Michael Mansfield QC and Lady Helena Kennedy.
'Civil liberties threat'
About 60 demonstrators from various campaign groups gathered outside the High Court in Edinburgh to give Mr Anwar their support.
Speaking outside the court, Hugh Kerr, of the Solidarity party, said: "We're all here today because what Aamer is being tried for is a threat to the whole of the civil liberties of Scotland.Speaking outside the court, Hugh Kerr, of the Solidarity party, said: "We're all here today because what Aamer is being tried for is a threat to the whole of the civil liberties of Scotland.
"If he'd said this outside any court in England, then there would be no problem at all. Many solicitors have said much more radical things than Aamer did. "Many solicitors have said much more radical things than Aamer did.
"He is defending the right to comment on the political background to trials in Scotland and we are here to defend his right to do so.""He is defending the right to comment on the political background to trials in Scotland and we are here to defend his right to do so."
High-profile backers More than 100 high-profile figures backed the lawyer at the weekend, signing a letter declaring their support for him.
This is understood to be the first time in the UK that a solicitor has faced a contempt of court allegation, following the conviction of a client and in relation to comments made outside court.
If he is held in contempt, Mr Anwar, who is based in Glasgow, could be jailed or fined.
More than 100 high-profile figures backed the solicitor at the weekend, signing a letter declaring their support for him.
Among them were author Iain Banks, anti-war campaigner Rose Gentle, and Paddy Hill, one of the Birmingham Six.Among them were author Iain Banks, anti-war campaigner Rose Gentle, and Paddy Hill, one of the Birmingham Six.
Liberty regularly undertakes these "third-party interventions" in England and Wales in cases of major public interest, but this will be the first time it has done so in Scotland.
Siddique was found guilty of providing material on bomb-making and weapons training, and threatening to become a suicide bomber.Siddique was found guilty of providing material on bomb-making and weapons training, and threatening to become a suicide bomber.
He was jailed for eight years.He was jailed for eight years.