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No mobile? Why are you avoiding the police!

by Guy J Kewney | posted on 19 April 2009


David Mery was arrested on a Tube station in London for "avoiding the police" (he didn't look at them as he walked past them) and "playing with his mobile phone."Also for being "too calm." So he was understandably appalled to discover that French citizens can be arrested for not having a mobile - as he was, for suspected terrorism.

His report notes that 

There are already two documented cases in Europe where not carrying a mobile phone was considered one of the grounds for arrest.

And he gives details:

On 31st July 2007, in Brandenburg and Berlin, Germany, the flats and workplaces of Dr. Andrej Holm and Dr. Matthias B., as well as of two other persons, were searched by the police. All four were charged with "membership of a terrorist association" and are alleged to be members of a so-called 'militante gruppe' (mg):

According to the arrest warrant against Andrej Holm, the charge against the four individuals was justified on the following grounds:

• Dr. Matthias B. is alleged to have used, in his academic publications, "phrases and key words" which are also used by the 'militante gruppe';

[...and]

• The fact that he - allegedly intentionally - did not take his mobile phone with him to a meeting is considered as "conspiratorial behavior".

On 11th November 2008, 150 French anti-terrorist police officers swooped on the 330-inhabitant village of Tarnac to arrest four men and five women aged 22 to 34, since nicknamed the 'Tarnac Nine'. These 'brilliant students' were living in a farm and ran a grocery store. All but one have been released. They were accused of "criminal association connected to a terrorist enterprise". French Interior Minister Michèle Alliot-Marie (MAM) was in the news soon after:

The Interior Minister is convinced of having saved France by nipping a revolution in the bud. For MAM, the defendants are the seed of Action Directe.

"They have adopted the method of clandestinity. They never use a mobile phone."

Indeed; I know several people myself who won't use a mobile "because I don't want the Government following me around" and I had always imagined that this was "tinfoil hat" behaviour. Yes, there are risks; yes, our liberties ought to be better protected. But let's keep proportion!

The last week has changed my mind.

No, I'm not one of the people who are simply anti-police. Quite the opposite; if you want something illegal to stay secret from the police, you probably shouldn't tell me about it. I know several police and ex-police officers as greater or lesser friends, and the idea that they are "all bastards" is not one I share.

But in a world where Multimap and Google Street View have published detailed photographs of every street in every large city in the UK, arresting people for taking photographs isn't just pathetically stupid; it shows that there are some in the force who simply think they should be in charge. If they haven't given permission for a citizen to do something, it must be suspicious at best and probably sinister if they are seen doing it.

And the current Government's policies are making it easier for ordinary police to behave like this; and harder for dissident police to stand up to them.

I don't want to get blown up by a mad bomber. Also I'd rather not get run over on the street by  a drunk driver.

But right now, the risk of being completely innocent and being nonetheless arrested, held, and even charged on the basis of utterly innocent behaviour, seems far greater than the risk of being blown up by a mad bomber.

Put it this way: I now know two people - close friends -  who have been arrested and who have criminal records (can't travel to the US if you have one, unless they kindly grant you a visa) simply because they were taking photos in a public place, or using a mobile phone in public.

I don't know anybody who has ever been involved in a bomb blast.


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Risk assessment: fail