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  • Deported Angolan Jimmy Mubenga ‘unlawfully killed’ on flight, jury rules as CPS reconsiders charges for G4S guards

    An Angolan man who died after being restrained by three guards from the security firm G4S as he was being deported from Britain was unlawfully killed, a jury ruled, prompting the Crown Prosecution Service to reconsider its decision not to bring criminal charges.
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    Jimmy Mubenga, 46, died on board a British Airways flight bound for Angola in October 2010. At the end of an eight-week inquest, the jury recorded a majority verdict of nine to one of unlawful killing after four days of deliberations.
    The decision prompted an emotional response from Mr Mubenga’s wife, Adrienne Makenda Kambana, who had been living with her late husband in Ilford, east London, after arriving in the UK from Angola in 1994. Outside the court she said that Mr Mubenga had been treated “worse than an animal” on the flight. She called for deportations to be better monitored.
    She added: “Someone walked onto a plane feeling fine and came out of the plane dead. How can my family live with this pain?”
    During the inquest, the jury heard that Mr Mubenga had been calling out for help as the three guards – Stuart Tribelnig, Terry Hughes and Colin Kaler – restrained him for nearly half an hour. Several passengers said they heard him shouting that he could not breathe and that he was crying out: “They’re going to kill me.”
    In evidence, the guards claimed they had not heard Mr Mubenga remarking he was unable to breathe and insisted he had been resting his head on the seat in front and intermittently forcing it down towards his knees as he was being restrained.
    But counsel for Mr Mubenga’s family, Henry Blaxland QC, suggested that the guards had been trying to “teach Mubenga a lesson”. He said the trio had been pushing his head down in an attempt to keep him quiet and fabricated the story that he was doing it himself.
    The inquest heard the three guards were subsequently arrested “on suspicion of criminal offences” relating to Mr Mubenga’s death, but last year – 21 months after his death – the CPS decided not to press charges and no further action was taken.
    G4S maintained that its staff were “trained… and vetted to the standards defined by strict Home Office guidelines”. A spokeswoman added: “The death of anyone in our care is deeply felt by all of us and the death of Mr Mubenga was a very tragic event.
    “The welfare of those in our care is always our top priority and we take great care to ensure that our employees on this contract, which has been carried out by another provider since November 2011, were made aware of their responsibilities in this respect.”
    Scotland Yard said a thorough and complex 21-month investigation was carried out by its Homicide and Serious Crime Command into Mr Mubenga’s death. During the inquiry, more than 300 witness statements were taken from passengers, cabin crew, ground staff and first responders from the emergency services.
    A Home Office spokesman said: “Our thoughts and sympathies are with Mr Mubenga’s family. We are very clear that we expect the highest standards of integrity and behaviour from all of our contractors.”
    Kunal Dutta
    Tuesday 09 July 2013
    Find this story at 9 July 2013
    © independent.co.uk

    Jimmy Mubenga was unlawfully killed, inquest jury finds

    Angolan man died after being restrained by G4S guards on deportation flight from UK
    Jimmy Mubenga was heard shouting that he could not breathe before he died, according to passengers on the flight. Photograph: Graeme Robertson
    An Angolan man who died after being restrained by three G4S guards as he was being deported from the UK was unlawfully killed, a jury has found.
    Jimmy Mubenga, 46, died on board a plane at Heathrow airport that was bound for Angola in October 2010. At the end of an eight-week inquest, a jury of seven men and three women recorded a majority verdict of nine to one of unlawful killing after four days of deliberations.
    The Crown Prosecution Service said it would reconsider its original decision not to bring criminal charges in the wake of the verdict.
    The inquest heard that Mubenga had been calling out for help as the three guards – Stuart Tribelnig, Terry Hughes and Colin Kaler – heavily restrained him for more than half an hour. Several passengers said they heard him shouting that he could not breathe and that he was crying out: “They’re going to kill me.”
    Returning the verdict of unlawful killing, the jury foreman said: “Based on the evidence we have heard, we find that Mr Mubenga was pushed or held down by one or more of the guards, causing his breathing to be impeded. We find that they were using unreasonable force and acting in an unlawful manner. The fact that Mr Mubenga was pushed or held down, or a combination of the two, was a significant, that is more than minimal, cause of death.
    “The guards, we believe, would have known that they would have caused Mr Mubenga harm in their actions, if not serious harm. We believe that Mr Mubenga died in his seat … before the paramedics boarded the plane.”
    The inquest heard that as the plane began to taxi on to the runway the guards said Mubenga became tired and stopped shouting. The guards said they realised something was wrong and the plane returned to the stand and paramedics were called. Mubenga was pronounced dead a short time later.
    Outside the court Mubenga’s widow, Adrienne Makenda Kambana, said her late husband had been treated “worse than an animal” on the flight. Calling him a good man and a loving husband, she called for deportations to be better monitored. “He is a big gap in the family. We are going to miss him. We are not going to forget him.”
    In evidence, the guards claimed they had not heard Mubenga saying he could not breathe and insisted he had been resting his head on the seat in front and intermittently forcing it down towards his knees as he was being restrained – a position known to carry a risk of death by asphyxia.
    But counsel for Mubenga’s family, Henry Blaxland QC, suggested to Hughes that the guards had been trying to “teach Mubenga a lesson”. He said the three guards had been pushing Mubenga’s head down in an attempt to keep him quiet and had only “come up with” the story that Mubenga was forcing his own head down to explain what passengers on the plane would have seen.
    The inquest heard the three guards were subsequently arrested “on suspicion of criminal offences” relating to Mubenga’s death, but last year – 21 months after his death – the CPS decided not to press charges and no further action was taken.
    During the hearing it emerged that two of the guards – Hughes and Tribelnig – had a string of racist “jokes” on their phone. Hughes’s phone had 65 texts containing what the coroner Karon Monaghan QC said contained “very racially offensive material”.
    A G4S spokesman said: “The death of anyone in our care is deeply felt by all of us and the death of Mr Mubenga was a very tragic event.
    “The welfare of those in our care is always our top priority and we take great care to ensure that our employees on this contract, which has been carried out by another provider since November 2011, were made aware of their responsibilities in this respect. Our employees were also trained, screened and vetted to the standards defined by strict Home Office guidelines.
    “We believe that at all times we acted appropriately and in full compliance with the terms of our contract with UKBA and it should be noted that the Crown Prosecution Service found no basis on which to bring criminal charges against G4S in this case.
    “It would not be appropriate for us to comment on behalf of our former employees, who were separately represented throughout these proceedings.”
    A Home Office spokesperson said: “Our thoughts and sympathies are with Mr Mubenga’s family. We are very clear that we expect the highest standards of integrity and behaviour from all of our contractors.”
    There has been widespread concern about the way people are removed from the UK, with repeated allegations of mistreatment and assaults of detainees. The contract is now run by Tascor, and current guards who have spoken to the Guardian say there is still inadequate training for new recruits. One who did not want to be named said a number of detainees had been punched and assaulted by guards on a recent charter flight to Lagos.
    A spokesman for Tascor said it could not comment on anonymous claims, but added that it focused on “delivering a professional service to its clients while ensuring its methods of operations are compliant with the relevant statutory regulations”.
    Matthew Taylor, Paul Lewis and Guy Grandjean
    theguardian.com, Tuesday 9 July 2013 14.58 BST
    Find this story at 9 July 2013
    © 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    Jimmy Mubenga security guards had racist jokes on their mobile phones

    Inquest hears jokes deriding blacks, Asians and Muslims when G4S officers are asked to read from their mobile phones
    Jimmy Mubenga with his wife Adrienne. He died while being restrained on an aircraft as G4S officers were trying to deport him. Photograph: PA
    A G4S security guard who was restraining an Angolan man who died as he was being deported from the UK had 65 racist jokes on his mobile phone when it was seized by police.
    Terry Hughes, one of three detention custody officers in charge of Jimmy Mubenga’s forced deportation in October 2010, was told at an inquest at Isleworth crown court on Friday to read out a selection of the texts, which included offensive language directed at black, Asian and Muslim people.
    Karon Monaghan QC, the assistant deputy coroner for Hammersmith, west London, said the texts contained “very racially offensive material”. The court heard that some of the texts had been sent by other detention custody officers.
    Hughes is the second G4S officer involved in Mubenga’s case to be found with racist jokes on his mobile phone. This week, Stuart Tribelnig was found to have a string of texts deriding black, Pakistani and Muslim men.
    When questioned in court, Hughes and Tribelnig said they had not read all the texts, although both had forwarded some of the material. They also said they did not know how to or never bothered to delete texts from their phones. Hughes said that, although the texts suggested “a great deal of racial hostility”, he was not at all racially hostile.
    Mubenga, 46, died on a plane at Heathrow as it waited on the runway. He had been restrained by three G4S officers – Hughes, Tribelnig and Colin Kaler – for about 35 minutes.
    The Angolan had been in the UK since 1994 and lived in London with his family. He was convicted of actual bodily harm in 2006, and a decision was taken to deport him at the end of his sentence. By September 2010 the appeals process had expired. Two weeks later he boarded the plane at Heathrow, at about 7.30pm, accompanied by the three G4S guards.
    Once on the plane he was allowed to go to the toilet and use a mobile phone. The guards said he had acted as a gentleman up to that point. However, the jury was told that shortly afterwards he began a struggle in an attempt to get the deportation cancelled.
    Hughes described how the three guards had tried to restrain him by using handcuffs and forcing him to sit in his seat. He said Mubenga at some stages had his head below the level of the television screen on the back of the chair in front, but insisted it was Mubenga himself who had forced his body into that position, one that is known to carry the danger of asphyxiation.
    Hughes told the court Mubenga was shouting thoughout the restraint although he could not remember what Mubenga was saying. But in an earlier police interview read out in court he had said: “All the time Jimmy is shouting and screaming, ‘They are killing me – I am going to my death’.” After hearing the statement, Hughes accepted that Mubenga “must have been shouting that”.
    Henry Blaxland QC, representing Mubenga’s family, asked Hughes whether Mubenga had complained about being unable to breathe during the struggle and whether one of the guards had replied: “If you cannot breathe how can you talk?”
    Hughes said he did not remember that exchange taking place.
    Blaxland asked if Hughes and the other guards had been trying to “teach Mubenga a lesson” after he had betrayed their trust by starting the struggle on the aircraft.
    Hughes denied the allegation and also denied that any of the guards had pushed Mubenga’s head down during the struggle, insisting that Mubenga forced his own head down.
    But Blaxland asked Hughes if he and the other guards had “come up with this” to explain what passengers on the plane might have seen: “Were you trying to come up with an explanation for what you thought people would have seen – a man bent double in his seat?”
    “No sir,” replied Hughes.
    Blaxland said the truth was that the guards had been pushing Mubenga down. Hughes again replied: “No sir.”
    The struggle between the guards and Mubenga continued for more than half an hour before Mubenga went quiet and Hughes thought he had become “resigned” to returning to Angola.
    However, he said the guards realised something was wrong before the plane took off and raised the alarm. The plane taxied back to the terminal stand, where emergency teams were called.
    Mubenga was pronounced dead some time later.
    In court Hughes broke down as he recalled the moment, that evening, when police told him Mubenga had died, and the inquest had to be suspended.
    He was asked by counsel for Mubenga’s family if he had been crying because he knew he had caused the death. He replied: “Not at all, sir, no.”
    The three guards were subsequently arrested “on suspicion of criminal offences” relating to Mubenga’s death. However, the Crown Prosecution Service decided not to press charges and no further action was taken.
    The inquest, which is due to last eight weeks, continues.
    Matthew Taylor
    The Guardian, Friday 17 May 2013 16.14 BST
    Find this story at 17 May 2013
    © 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    Jimmy Mubenga: Questions raised over flight guidelines for deportations

    BA long-haul pilot tells Guardian it was a mistake to keep Mubenga on board once he began struggling with his escorts
    Jimmy Mubenga died during deportation from the UK. Photograph: Graeme Robertson
    The use of commercial aircraft to transport deportees has been called into question by a British Airways pilot following the death of Jimmy Mubenga.
    A BA long-haul pilot told the Guardian that it was a mistake to keep Mubenga on board a passenger service once he began struggling with his escorts. Speaking on condition of anonymity, the pilot said that the prospect of restraining a passenger for the duration of a nine-hour flight would have been unacceptable to senior crew.
    “We are legally responsible for safety, security and good order on board our aircraft. We must act if any of those are at risk. If the passenger is not accepting the situation he has been placed in, then a scheduled passenger aircraft is clearly not an appropriate method of transport. Besides, you cannot hold someone in their seat for eight to nine hours down to Luanda, and you certainly cannot restrain them for eight to nine hours.”
    A BA spokesperson said the airline was obliged to carry deportees under the 1971 Immigration Act if the Home Office requested it. “Like all airlines, we must comply with the UK deportation law under the 1971 Immigration Act.” Virgin Atlantic and BMI have also transported deportees this year, while in 2009 nearly 2,000 people were deported on charter flights to destinations including Afghanistan, Iraq, the Democratic Republic of Congo and Nigeria.
    The government has spent more than £100m on flights deporting failed asylum seekers, foreign nationals and immigration offenders in the last five years. In 2008-9 alone, £8.2m was spent on chartered flights and £18.6m on scheduled flights – a total of £26.8m and up from £20.4m the previous year.
    According to BA guidelines on carrying deportees, Mubenga should have been treated as a normal passenger unless he was under restraint. The guidelines state: “If the deportee is under restraint, then the rules relating to prisoners apply, otherwise, in most other respects, deportees should be treated as normal passengers.”
    If Mubenga was not under restraint when he was escorted on to the aircraft on Tuesday night then he could have been classified as a passenger. However, according to one eyewitness handcuffs were used by G4S security guards to restrain him while the aircraft was still on the ground. BA guidelines state: “Physical restraint of a passenger can be applied only on the express instructions of the captain and only whilst airborne. The captain has the duty and the legal authority to order physical restraint when, in his judgment, it is essential to preserve the safety of the aircraft, the crew or other passengers.”
    The guidelines for prisoners, or for deportees who are under restraint as they board, state that the prisoner should not be served alcohol and must be seated “off the aisle, near a toilet and, if handcuffed, away from emergency exits.”
    Dan Milmo
    The Guardian, Friday 15 October 2010 20.08 BST
    Find this story at 15 October 2010
    © 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    Revealed: Australian spy agency offered to share data about ordinary citizens

    • Secret 5-Eyes document shows surveillance partners discussing what information they can pool about their citizens
    • DSD indicated it could provide material without some privacy restraints imposed by other countries such as Canada
    • Medical, legal or religious information ‘not automatically limited’
    • Concern that intelligence agency could be ‘operating outside its legal mandate’
    The secret document shows the partners discussing whether or not to share citizens’ “medical, legal or religious information”. Photograph: Kacper Pempel/Reuters
    Australia’s surveillance agency offered to share information collected about ordinary Australian citizens with its major intelligence partners, according to a secret 2008 document leaked by the US whistleblower Edward Snowden.
    The document shows the partners discussing whether or not to share “medical, legal or religious information”, and increases concern that the agency could be operating outside its legal mandate, according to the human rights lawyer Geoffrey Robertson QC.
    The Australian intelligence agency, then known as the Defence Signals Directorate (DSD), indicated it could share bulk material without some of the privacy restraints imposed by other countries, such as Canada.
    “DSD can share bulk, unselected, unminimised metadata as long as there is no intent to target an Australian national,” notes from an intelligence conference say. “Unintentional collection is not viewed as a significant issue.”
    The agency acknowledged that more substantial interrogation of the material would, however, require a warrant.
    Metadata is the information we all generate whenever we use technology, from the date and time of a phone call to the location from which an email is sent.
    “Bulk, unselected, unminimised metadata” means that this data is in its raw state, and nothing has been deleted or redacted in order to protect the privacy of ordinary citizens who might have been caught in the dragnet. Metadata can present a very complete picture of someone’s life.
    The working document, marked secret, sheds new light on the extent to which intelligence agencies at that time were considering sharing information with foreign surveillance partners, and it provides further confirmation that, to some extent at least, there is warrantless surveillance of Australians’ personal metadata.
    The DSD joined its four intelligence-sharing partners – the US, Britain, Canada and New Zealand, collectively known as 5-Eyes – to discuss what could and what could not be shared under the different jurisdictions at a meeting hosted by Britain’s GCHQ at its headquarters in Cheltenham on 22-23 April, 2008.
    The notes, published today by Guardian Australia, suggest that Australia was open to pooling bulk data that almost certainly includes information about Australian citizens.
    Clearly indicating the different attitudes between the intelligence partners, the Canadians insisted that bulk collection could only be shared if information about its citizens was first “minimised”, meaning deleted or removed. The various techniques used in “minimisation” help protect citizens’ privacy.
    The GCHQ memo taker, reporting on this, said that “bulk, unselected metadata presents too high a risk to share with second parties at this time because of the requirement to ensure that the identities of Canadians or persons in Canada are minimised, but re-evaluation of this stance is ongoing”.
    By contrast, DSD, now renamed the Australian Signals Directorate, offered a broader sweep of material to its partners.
    DSD offered to share bulk, unselected, unminimised metadata – although there were specific caveats. The note taker at the meeting writes: “However, if a ‘pattern of life’ search detects an Australian then there would be a need to contact DSD and ask them to obtain a ministerial warrant to continue.”
    A “pattern of life” search is more detailed one – joining the dots to build up a portrait of an individual’s daily activities.
    It is technically possible to strip out the metadata of Australian nationals from bulk collection methods used by the 5-Eyes countries, such as cable taps – ensuring the information is not stored, and so could not be pulled in to searches and investigations by agents.
    The Snowden documents reveal Australia’s intelligence services instead offered to leave the data in its raw state.
    Australian politicians have insisted that all surveillance undertaken is in accordance with the law.
    But Geoffrey Robertson, writing in the Guardian today, says if what was described in the memo took place, this would be a breach of sections eight and 12 of the Intelligence Services Act 2001. The act sets a strict requirement that ministerial authorisation is required if the data of an Australian citizen is involved, and indicates that the citizen must be a “person of interest”, such as someone involved in terrorism or organised crime.
    The Cheltenham gathering, which appears to have been convened to consider the issues around the burgeoning collection of metadata and to reach common positions, resolved to avoid pre-emptive efforts to categorise various materials and “simply focus on what is shareable in bulk”.
    The memo flags privacy concerns around the collection of various types of data, but the meeting, according to the record, resolved not to set “automatic limitations” – leaving judgment calls to each country’s own agencies.
    “Consideration was given as to whether any types of data were prohibited, for example medical, legal, religious or restricted business information, which may be regarded as an intrusion of privacy,” the memo says.
    “Given the nascent state of many of these data types then no, or limited, precedents have been set with respect to proportionality or propriety, or whether different legal considerations applies to the ‘ownership’ of this data compared with the communications data that we were more accustomed to handle.”
    “It was agreed that the conference should not seek to set any automatic limitations, but any such difficult cases would have to be considered by ‘owning’ agency on a case-by-case basis.”
    The document also shows the agencies considering disclosure to “non-intelligence agencies”. It says: “Asio and the Australian federal police are currently reviewing how Sigint [signals intelligence] information can be used by non-intelligence agencies.”
    The record of the Cheltenham meeting does not indicate whether the activities under discussion in April 2008 progressed to final decisions or specific actions. It appears to be a working draft.
    Since Snowden leaked the NSA documents to the Guardian and the Washington Post in May, controversy has raged around the world over revelations that surveillance agencies are collecting information in bulk about ordinary citizens’ day-to-day activities, without first getting a warrant.
    In Australia, the Greens party and the South Australian independent senator Nick Xenophon have been pursuing questions about the extent to which Australian citizens have been caught up in the dragnet, and the extent of Australian intelligence agencies’ involvement.
    So far, those questions have largely met with stonewalling, both under the previous Labor government and the new Abbott administration.
    Ewen MacAskill, James Ball and Katharine Murphy
    The Guardian, Monday 2 December 2013 00.20 GMT
    Find this story at 2 December 2013
    © 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    Singapore, South Korea revealed as Five Eyes spying partners

    Singapore and South Korea are playing key roles helping the United States and Australia tap undersea telecommunications links across Asia, according to top secret documents leaked by former US intelligence contractor Edward Snowden. New details have also been revealed about the involvement of Australia and New Zealand in the interception of global satellite communications.
    A top secret United States National Security Agency map shows that the US and its “Five Eyes” intelligence partners tap high speed fibre optic cables at 20 locations worldwide. The interception operation involves cooperation with local governments and telecommunications companies or else through “covert, clandestine” operations.
    The undersea cable interception operations are part of a global web that in the words of another leaked NSA planning document enables the “Five Eyes” partners – the US, United Kingdom, Australia, Canada and New Zealand – to trace “anyone, anywhere, anytime” in what is described as “the golden age” signals intelligence.
    The NSA map, published by Dutch newspaper NRC Handelsblad overnight, shows that the United States maintains a stranglehold on trans-Pacific communications channels with interception facilities on the West coast of the United States and at Hawaii and Guam, tapping all cable traffic across the Pacific Ocean as well as links between Australia and Japan.
    The map confirms that Singapore, one of the world’s most significant telecommunications hubs, is a key “third party” working with the “Five Eyes” intelligence partners.
    In August Fairfax Media reported that Australia’s electronic espionage agency, the Defence Signals Directorate, is in a partnership with Singaporean intelligence to tap the SEA-ME-WE-3 cable that runs from Japan, via Singapore, Djibouti, Suez and the Straits of Gibraltar to Northern Germany.
    Australian intelligence sources told Fairfax that the highly secretive Security and Intelligence Division of Singapore’s Ministry of Defence co-operates with DSD in accessing and sharing communications carried by the SEA-ME-WE-3 cable as well as the SEA-ME-WE-4 cable that runs from Singapore to the south of France.
    Access to this major international telecommunications channel, facilitated by Singapore’s government-owned operator SingTel, has been a key element in an expansion of Australian-Singaporean intelligence and defence ties over the past 15 years.
    Majority owned by Temask Holdings, the investment arm of the Singapore Government, SingTel has close relations with Singapore’s intelligence agencies. The Singapore Government is represented on the company’s board by the head of Singapore’s civil service, Peter Ong, who was previously responsible for national security and intelligence co-ordination in the Singapore Prime Minister’s office.
    Australian intelligence expert, Australian National University Professor Des Ball has described Singapore’s signal’s intelligence capability as “probably the most advanced” in South East Asia, having first been developed in cooperation with Australia in the mid-1970s and subsequently leveraging Singapore’s position as a regional telecommunications hub.
    Indonesia and Malaysia have been key targets for Australian and Singaporean intelligence collaboration since the 1970s. Much of Indonesia’s telecommunications and Internet traffic is routed through Singapore.
    The leaked NSA map also shows South Korea is another key interception point with cable landings at Pusan providing access to the external communications of China, Hong Kong and Taiwan.
    South Korea’s National Intelligence Service has long been a close collaborator with the US Central Intelligence Agency and the NSA, as well as the Australian intelligence agencies. The Australian Security Intelligence Organisation recently engaged in legal action in an unsuccessful effort to prevent publication of details of South Korean espionage in Australia. ASIO Director-General David Irvine told the Federal Court that Australian and South Korean intelligence agencies had been cooperating for “over 30 years” and that any public disclose of NIS activities would be “detrimental” to Australia’s national security.
    The NSA map and other documents leaked by Mr Snowden and published by the Brazilian O Globo newspaper also reveal new detail on the integration of Australian and New Zealand signals intelligence facilities in the interception of satellite communications traffic by the “Five Eyes” partners.
    For the first time it is revealed that the DSD satellite interception facility at Kojarena near Geraldton in Western Australia is codenamed “STELLAR”. The New Zealand Government Communications Security Bureau facility at Waihopai on New Zealand’s South Island is codenamed “IRONSAND”. The codename for DSD’s facility at Shoal Bay near Darwin is not identified. However all three facilities are listed by the NSA as “primary FORNSAT (foreign satellite communications) collection operations”.
    Coverage of satellite communications across Asia and the Middle East is also supported by NSA facilities at the United States Air Force base at Misawa in Japan, US diplomatic premises in Thailand and India, and British Government Communications Headquarters facilities in Oman, Nairobi in Kenya and at the British military base in Cyprus.
    The leaked NSA map also shows that undersea cables are accessed by the NSA and the British GCHQ through military facilities in Djibouti and Oman, thereby ensuring maximum coverage of Middle East and South Asian communications.
    November 25, 2013
    Philip Dorling
    Find this story at 25 November 2013
    Copyright © 2013 Fairfax Media

    New Snowden leaks reveal US, Australia’s Asian allies

    Singapore and South Korea are playing key roles helping the United States and Australia tap undersea telecommunications links across Asia, according to top secret documents leaked by former US intelligence contractor Edward Snowden. New details have also been revealed about the involvement of Australia and New Zealand in the interception of global satellite communications.
    A top secret United States National Security Agency map shows that the US and its “Five Eyes” intelligence partners tap high speed fibre optic cables at 20 locations worldwide. The interception operation involves cooperation with local governments and telecommunications companies or else through “covert, clandestine” operations.
    The undersea cable interception operations are part of a global web that in the words of another leaked NSA planning document enables the “Five Eyes” partners – the US, United Kingdom, Australia, Canada and New Zealand – to trace “anyone, anywhere, anytime” in what is described as “the golden age” signals intelligence.
    The NSA map, published by Dutch newspaper NRC Handelsblad overnight, shows that the United States maintains a stranglehold on trans-Pacific communications channels with interception facilities on the West coast of the United States and at Hawaii and Guam, tapping all cable traffic across the Pacific Ocean as well as links between Australia and Japan.
    The map confirms that Singapore, one of the world’s most significant telecommunications hubs, is a key “third party” working with the “Five Eyes” intelligence partners.
    In August Fairfax Media reported that Australia’s electronic espionage agency, the Defence Signals Directorate, is in a partnership with Singaporean intelligence to tap the SEA-ME-WE-3 cable that runs from Japan, via Singapore, Djibouti, Suez and the Straits of Gibraltar to Northern Germany.
    Australian intelligence sources told Fairfax that the highly secretive Security and Intelligence Division of Singapore’s Ministry of Defence co-operates with DSD in accessing and sharing communications carried by the SEA-ME-WE-3 cable as well as the SEA-ME-WE-4 cable that runs from Singapore to the south of France.
    Access to this major international telecommunications channel, facilitated by Singapore’s government-owned operator SingTel, has been a key element in an expansion of Australian-Singaporean intelligence and defence ties over the past 15 years.
    Majority owned by Temask Holdings, the investment arm of the Singapore Government, SingTel has close relations with Singapore’s intelligence agencies. The Singapore Government is represented on the company’s board by the head of Singapore’s civil service, Peter Ong, who was previously responsible for national security and intelligence co-ordination in the Singapore Prime Minister’s office.
    Australian intelligence expert, Australian National University Professor Des Ball has described Singapore’s signal’s intelligence capability as “probably the most advanced” in South East Asia, having first been developed in cooperation with Australia in the mid-1970s and subsequently leveraging Singapore’s position as a regional telecommunications hub.
    Indonesia and Malaysia have been key targets for Australian and Singaporean intelligence collaboration since the 1970s. Much of Indonesia’s telecommunications and Internet traffic is routed through Singapore.
    The leaked NSA map also shows South Korea is another key interception point with cable landings at Pusan providing access to the external communications of China, Hong Kong and Taiwan.
    South Korea’s National Intelligence Service has long been a close collaborator with the US Central Intelligence Agency and the NSA, as well as the Australian intelligence agencies. The Australian Security Intelligence Organisation recently engaged in legal action in an unsuccessful effort to prevent publication of details of South Korean espionage in Australia. ASIO Director-General David Irvine told the Federal Court that Australian and South Korean intelligence agencies had been cooperating for “over 30 years” and that any public disclose of NIS activities would be “detrimental” to Australia’s national security.
    The NSA map and other documents leaked by Mr Snowden and published by the Brazilian O Globo newspaper also reveal new detail on the integration of Australian and New Zealand signals intelligence facilities in the interception of satellite communications traffic by the “Five Eyes” partners.
    For the first time it is revealed that the DSD satellite interception facility at Kojarena near Geraldton in Western Australia is codenamed “STELLAR”. The New Zealand Government Communications Security Bureau facility at Waihopai on New Zealand’s South Island is codenamed “IRONSAND”. The codename for DSD’s facility at Shoal Bay near Darwin is not identified. However all three facilities are listed by the NSA as “primary FORNSAT (foreign satellite communications) collection operations”.
    Coverage of satellite communications across Asia and the Middle East is also supported by NSA facilities at the United States Air Force base at Misawa in Japan, US diplomatic premises in Thailand and India, and British Government Communications Headquarters facilities in Oman, Nairobi in Kenya and at the British military base in Cyprus.
    The leaked NSA map also shows that undersea cables are accessed by the NSA and the British GCHQ through military facilities in Djibouti and Oman, thereby ensuring maximum coverage of Middle East and South Asian communications.
    November 24, 2013
    Philip Dorling
    Find this story at 24 November 2013
    Copyright © 2013 Fairfax Media

    How we spied on the Indonesians and how expats are targeted overseas

    THEIR clandestine activities may be directly in the spotlight, but Australian spies have for decades been listening in on our neighbours.
    Modern spooks have two main methods of tapping the mobile phones of people of interest in cities such as Jakarta. The first option is to install a physical bugging device in the actual handset, to forward calls to a third number – but this requires access to the handset.
    For high-security targets, Australian agents use electronic scanners and very powerful computers to monitor phone numbers of interest via microwave towers (small metal towers that look like venetian blinds) located on top of buildings across Jakarta and all modern cities.
    The latter was employed to tap the phones of Indonesian President Susilo Bambang Yudhoyono, his wife and key ministers.
    Getting hold of a handset is a tricky business so the preferred method for the spooks employed by the Australian Signals Directorate (formerly Defence Signals Directorate) is to monitor microwave phone towers located on top of most buildings in Jakarta and indeed any other major city.
    The material, known at this point as “first echelon”, is captured by computers located in secure rooms at the Australian Embassy where information is filtered before it is forwarded by secure means to super computers located at ASD headquarters. They are located inside the maximum security building ‘M’, protected by high voltage electric fences, at Defence’s Russell Office complex in Canberra. Here it is processed and analysed as “second echelon” product.
    In less busy locations, or where the target phone number is known, an off-the-shelf scanner can be programmed to intercept mobile phone calls.
    In cities such as Jakarta enterprising business people now offer a mobile bugging service where for a fee of between $300 and $1000 they will arrange to “borrow” a mobile phone, insert a bugging device and then return it to a relieved owner. Whenever the phone rings or is used to access a network the call is diverted to another handset or recording device.
    Government staff understand that if their phone goes missing and then turns up they should dispose of it and get a new one.
    But for the average citizen, say a teacher at an English speaking school in Jakarta whose phone was bugged by an angry ex-girlfriend, phone tapping is a serious matter. And it is more common than many expatriates might think.
    There is a thriving business in phone tapping for private or industrial or state espionage reasons in cities such as Jakarta, Singapore and Bangkok. Industrial espionage is widespread in cities around the world including Sydney, Melbourne and Canberra.
    Compared to the operations of ASD and its powerful scanners, super computers and army of analysts these operations are small beer.
    Prime Minister Tony Abbott was quick to point out in the wake of the phone tapping scandal that every country spied and he was right.
    However Indonesia has nowhere near the capacity for espionage that Australia and our close “five eyes” allies – the US, UK, Canada and New Zealand – posses.
    After the 2002 Bali bombings the DSD, Australian Federal Police and Telstra went to Indonesia and showed Indonesian intelligence agencies how to tap into the networks of the terrorist group Jemaah Islamiah (JI).
    Unlike Australia much of Indonesia’s electronic surveillance capacity is directed at internal problems such as the insurgencies in Aceh and West Papua.
    According to one of Australia’s leading experts on electronic spying, Professor Des Ball from the Australian National University, there is really no point in conducting such intercept operations unless a country has the whole picture. That is satellite communications, cable communications and radio communications.
    “Microwave mobile phone calls are very hit and miss,” he said.
    Australia owns the big picture thanks to an expensive and extensive network of listening posts in Jakarta, Bangkok and Port Moresby and powerful satellite ground stations at HMAS Harman in Canberra, Shoal Bay near Darwin, Morundah near Wagga in NSW, Cabarlah near Toowoomba in Qld and Geraldton in WA.
    This interception network is monitoring communications from Singapore to the Pacific Islands including Indonesia’s Palapa satellite.
    Professor Ball said there had been huge growth in Australia’s eavesdropping capacity in recent years. For example the number of dishes at Shoal Bay has gone from six to 15 and Geraldton has more than doubled its capacity including six American dishes for the exclusive use of the National Security Agency (NSA) whose lax security allowed Edward Snowden to abscond with top-secret information that is now being leaked.
    Unfortunately Australian taxpayers have no way of knowing how much is spent on these facilities or even how many staff are employed by the top-secret ASD. The numbers used to appear in the Defence annual report, but not anymore.
    Professor Ball said successive governments had allowed the electronic spooks to have a virtual free rein.
    “When briefings about the phone intercepts from SBY and his wife came in the government should have ordered the tapping to stop,” Professor Ball said.
    “It is important to have the capacity but you only use it when there is a conflict. Put it in, test it and keep it up to date, but don’t use it because unless you have to because it will come out.”
    Professor Ball also slammed Mr Abbott for saying that other countries (Indonesia) were doing exactly what Australia did, because they weren’t and they can’t.
    “They are not doing what we are doing and Abbott should have apologised or done what Bob Hawke did with Papua New Guinea in 1983.”
    Prime Minister Hawke went to Port Moresby after it was revealed that Australia spied on politicians there, but before he left he ordered the spooks switch to all monitoring equipment off for 48 hours. He was then able to say that Australia wasn’t doing it although as journalist Laurie Oakes pointed out he had to be “very careful with his tenses”.
    Tapping a friendly foreign leader’s phone is fraught enough. Recording the fact on clear power point slides and handing them to another country is just plain dumb.
    IAN MCPHEDRAN NATIONAL DEFENCE WRITER
    NEWS LIMITED NETWORK
    NOVEMBER 21, 2013 6:34PM
    Find this story at 21 November 2013
    News Ltd 2013 Copyright

    Spying rocks Indonesia-Australia relations

    Indonesia has officially downgraded the relationship, after Australia refused to apologise for espionage.
    A spy scandal involving an Australian attempt to tap the phone of Indonesia’s president has jeopardised crucial people smuggling and counter-terrorism co-operation between the two countries, officials have said.
    President Susilo Bambang Yudhoyono has temporarily suspended co-coordinated military operations with Australia, including those which target people-smuggling, after significant public outcry in Indonesia over the reports.
    “I find it personally hard to comprehend why the tapping was done. We are not in a cold war era,” President Yudhoyono said.
    Find out more with our exclusive interactive feature
    “I know Indonesians are upset and angry over what Australia has done to Indonesia. Our reactions will determine the future of the relationship and friendship between Indonesia and Australia – which actually have been going well.”
    Angry crowds mobbed Australia’s embassy in Jakarta, burning Australian and American flags on Thursday. Indonesia has officially downgraded its relationship with Australia and recalled its ambassador from Canberra.
    ‘Reasonable’ surveillance
    The country’s prime minister, Tony Abbott, has refused to apologise for what he calls “reasonable” surveillance, but promised to respond to the president’s request for an explanation “swiftly and courteously”.
    “I want to express … my deep and sincere regret about the embarrassment to the president and to Indonesia that’s been caused by recent media reporting,” Abbott told parliament.
    “As always, I am absolutely committed to building the closest possible relationship with Indonesia because that is overwhelmingly in the interests of both our countries.”
    I don’t believe Australia should be expected to apologise for reasonable intelligence-gathering activities
    Tony Abbott, Australian Prime Minister
    The situation erupted after documents leaked by former US National Security Agency contractor Edward Snowden, showed Australia’s Defence Signal’s Directorate recorded personal communications of President Yudhoyono, his wife, Ani Yudhoyono, and senior officials in 2009.
    The surveillance is understood to be part of a longstanding spying arrangement with the UK, USA, Canada and New Zealand, known as the “five eyes” intelligence partners.
    “I don’t believe Australia should be expected to apologise for reasonable intelligence-gathering activities,” Abbott told Australia’s parliament on Tuesday.
    “Importantly, in Australia’s case, we use all our resources including information to help our friends and allies, not to harm them,” Abbott said.
    The document leaked by Snowden was dated November 2009 and was published jointly by Guardian Australia and the Australian Broadcasting Corporation state television network.
    It details the attempted interception of various targets’ mobile phones and lists their specific phone models with slides marked “top secret” and the Australian Signals Directorate’s slogan: “Reveal their secrets, protect our own.”
    This leak came after previous documents released by Snowden revealed Australian embassies had participated in
    widespread US surveillance across Asia, including in Cambodia, China, Indonesia, Malaysia, Myanmar and Thailand.
    Strained relations
    The combined revelations have strained a bilateral relationship already under pressure over the Abbott government’s hardline asylum seeker policy to “turn back” boats coming to Australia, a controversial and highly emotive issue in the country.
    Professor Greg Fealy is an Indonesian politics specialist at the Australian National University. He told Al Jazeera the situation was becoming increasingly serious.
    “Every new day brings new sanctions from the Indonesian side and so far the Abbott government hasn’t responded well to it,” Fealy said.
    He believes relations between the two countries have not been this strained since the East Timor crisis in 1999, when Australia’s military went into East Timor during its transition from an Indonesian territory to independence.
    “It has the potential to get worse, with the Indonesians withdrawing further cooperation [with Australia] in many fields,” Fealy said.
    “If there is a sufficiently wide range of retaliation then this could possibly be worse than the crisis of 15 years ago.”
    Prime Minister Abbott has been encouraged to reassure President Yudhoyono that no further surveillance is taking place – similar to the conversation between US President Barack Obama and German Chancellor Angela Merkel after
    revelations her phone was also tapped.
    John McCarthy, a former Australian ambassador to Indonesia, said Abbott must contact Yudhoyono to make amends.
    “There is nothing, frankly, to prevent the prime minister saying to the president that it’s not happening and it’s not going to happen in the future. That’s what Obama did with Angela Merkel and I don’t see a problem with that,”
    McCarthy said.
    “It can’t be allowed just to fester. If it festers it will get worse and it will be much harder to deal with, particularly as the politics get hotter in Indonesia.”
    US blame
    Australian officials would also be expressing their frustration with the United States over this situation, according to Michael Wesley, professor of national security at the Australian National University.
    “There are a number of reasons Australian officials can legitimately be very irritated with the Americans. We’re in this mess because of an American security lapse,” Wesley told Al Jazeera.
    “I’m actually gobsmacked at both Snowden and Bradley Manning, at their ability to get highly classified documents and download them. It would be absolutely impossible for people of their level of access to do that in Australia.”
    “There should be real questions asked in the American intelligence community how this could have happened,” Professor Wesley said.
    Former NSA senior executive Thomas Drake said the “five eyes” utilise each other’s services for information on other nations.
    “Much of it is legit, but increasingly since 9/11 because of the sheer power of technology and access to the world’s communication systems … [agencies have] extraordinary access to even more data on just about anything and anybody,” Drake told ABC.
    Indonesia’s minister for religious affairs, Suryadharma Ali, also cancelled a planned visit to Australia following the response from Yudhoyono.
    Author and Indonesian political expert Professor Damien Kingsbury was due to host Ali at an event in Melbourne, and
    told Al Jazeera the snub was a concerning sign of the deterioration in relations.
    “It is still quite significant that a senior minister felt he couldn’t come to Australia at this time,” Kingsbury said.
    “It’s pretty disastrous, the issue has effectively ended ongoing diplomatic engagement between Australia and Indonesia.”
    “We’ve seen the cancellation and suspension of a number of points of engagement and that has quite distinct implications for Australian government policy in some areas. There is the possibility this matter could continue to escalate if it’s not adequately resolved,” Kingsbury said.
    ‘Uncomfortable’
    The bilateral relationship between the two nations will be “uncomfortable” but it will pass, according to former US assistant secretary of state for East Asia, Kurt Campbell.
    “The relationship will be strong again, but there is a ritual quality that I’m afraid you [Australia] will have to go through, and very little you can say now or do is going to ease the next couple of months,” Campbell told ABC.
    He said the practice of phone-tapping was an acceptable part of international relations.
    “I can tell you that some of the most sensitive spying is done by allies and friends.”
    “Some of the most difficult foreign policy challenges – terrorist attacks – actually emanated in Indonesia. Australia has good cause to understand the delicate dynamics that play out behind the scenes with regard to how Indonesia’s thinking about some of those movements and some of the actors inside its country,” Campbell said.
    Australian opposition leader Bill Shorten said the “vital” relationship between the two countries must be repaired.
    “No-one should underestimate what is at stake in maintaining this critical relationship on the best possible terms.
    “Co-operation between our countries is fundamental to our national interest – working together on people smuggling, terrorism, trade,” Shorten wrote in an opinion piece for The Guardian.
    Prime Minister Abbott is expected to respond to Indonesia’s request for a full written explanation into the phone tapping in the coming days.
    Geraldine Nordfeldt Last updated: 22 Nov 2013 15:00
    Find this story at 22 November 2013

    Indonesia voices anger at Australia alleged spying

    (CNN) — Indonesia summoned the Australian ambassador Monday to voice its anger at allegations that Australia tried to listen into the phone calls of Indonesian President Susilo Bambang Yudhoyono.
    Greg Moriarty. Australia’s ambassador to Indonesia, “took careful note of the issues raised and will report back to the Australian Government,” the Australian embassy in Jakarta said.
    Indonesia’s objections stem from reports in the Australian Broadcasting Corporation (ABC) and Guardian Australia that said Australian intelligence tracked Yudhoyono’s mobile phone for 15 days in August 2009, monitoring the calls he made and received.
    ‘We live in a post-Snowden age’
    Stone: ‘We’ve bugged the whole world’
    Fareed’s Take: Spying on allies
    The intelligence agency also tried to listen in on what was said on at least one occasion. But the call was less than a minute long and could not be successfully tapped, ABC reported.
    The two media outlets cited documents provided by Edward Snowden, the U.S. national security contractor turned leaker.
    “The Australian Government urgently needs to clarify on this news, to avoid further damage,” Indonesian presidential spokesman Teuku Faizasyah tweeted.
    “The damage has been done and now trust must be rebuilt,” he said in another tweet.
    Asked in parliament to comment on the reports, Australian Prime Minister Tony Abbott said, “all governments gather information and all governments know that every other government gathers information.”
    “The Australian Government never comments on specific intelligence matters,” he added. “This has been the long tradition of governments of both political persuasions and I don’t intend to change that today.”
    By the CNN Staff
    November 18, 2013 — Updated 1033 GMT (1833 HKT)
    Find this story at 18 November 2013
    © 2013 Cable News Network. Turner Broadcasting System, Inc.

    Australia spied on Indonesian president Susilo Bambang Yudhoyono, leaked Edward Snowden documents reveal

    Video: Watch: Michael Brissenden on how leaked documents prove Australia spied on SBY (ABC News)
    Photo: The documents show the DSD tracked activity on Susilo Bambang Yudhoyono’s mobile phone. (Reuters: Supri)
    Related Story: Live: Follow the unfolding reaction to this story
    Map: Australia
    Australian intelligence tried to listen in to Indonesian president Susilo Bambang Yudhoyono’s mobile phone, material leaked by NSA whistleblower Edward Snowden reveals.
    Documents obtained by the ABC and Guardian Australia, from material leaked by the former contractor at the US National Security Agency, show Australian intelligence attempted to listen in to Mr Yudhoyono’s telephone conversations on at least one occasion and tracked activity on his mobile phone for 15 days in August 2009.
    Spy games explained
    Australia’s role in the NSA spy program, including what it means for Indonesian relations.
    The top-secret documents are from Australia’s electronic intelligence agency, the Defence Signals Directorate (now called the Australian Signals Directorate), and show for the first time how far Australian spying on Indonesia has reached.
    The DSD motto stamped on the bottom of each page reads: “Reveal their secrets – protect our own.”
    The documents show that Australian intelligence actively sought a long-term strategy to continue to monitor the president’s mobile phone activity.
    The surveillance targets also included senior figures in his inner circle and even the president’s wife Kristiani Herawati (also known as Ani Yudhoyono).
    Also on the list of targets is the vice president Boediono, the former vice president Yussuf Kalla, the foreign affairs spokesman, the security minister, and the information minister.
    Mr Yudhoyono’s spokesman Teuku Faizasyah has responded to the revelations, saying: “The Australian Government needs to clarify this news, to avoid further damage … [but] the damage has been done.”
    Asked about the spying in Question Time today, Prime Minister Tony Abbott said: “First of all, all governments gather information and all governments know that every other government gathers information… the Australian government never comments on specific intelligence matters. This has been the long tradition of governments of both political persuasions and I don’t intend to change that today.”
    Documents list ‘who’s who’ of Indonesian government
    One page in the documentation lists the names and the 3G handsets the surveillance targets were using at the time.
    A number of the people on the list are lining up as potential candidates for the presidential election to replace Mr Yudhoyono next year.
    The documents are titled “3G impact and update” and appear to chart the attempts by Australian intelligence to keep pace with the rollout of 3G technology in Indonesia and across South-East Asia.
    A number of intercept options are listed and a recommendation is made to choose one of them and to apply it to a target – in this case the Indonesian leadership.
    The document shows how DSD monitored the call activity on Mr Yudhoyono’s Nokia handset for 15 days in August 2009.
    One page is titled “Indonesian President voice events” and provides what is called a CDR view. CDR are call data records; it can monitor who is called and who is calling but not necessarily what was said.
    Another page shows that on at least one occasion Australian intelligence did attempt to listen in to one of Mr Yudhoyono’s conversations.
    But according to the notes on the bottom of the page, the call was less than one minute long and therefore did not last long enough to be successfully tapped.
    Factbox: Indonesia and Australia
    Indonesia is one of Australia’s most important bilateral relationships.
    Indonesia was Australia’s 12th largest trade partner in 2012.
    Prime Minister Tony Abbott has pledged to increase two-way trade and investment flows.
    President Yudhoyono has visited Australia four times during his presidency, more than any predecessor.
    Asylum seekers remain a sticking point in relations; Australia seeks active cooperation.
    In 2012-13, Australia’s aid assistance to Indonesia was worth an estimated $541.6 million.
    Source: http://www.dfat.gov.au/geo/indonesia/indonesia_brief.html
    Given the diplomatic furore that has already surrounded the claims that the Australian embassy in Jakarta was involved in general spying on Indonesia, these revelations of specific and targetted surveillance activity at the highest level are sure to increase the tension with our nearest and most important neighbour significantly.
    On an official visit to Canberra last week, the Indonesian vice president publicly expressed Indonesia’s concern.
    “Yes, the public in Indonesia is concerned about this,” Boediono said.
    “I think we must look to come to some arrangement that guarantees intelligence information from each side is not used against the other.”
    Last week Prime Minister Tony Abbott was keen to play down the significance of the spying allegations, saying that he was very pleased “we have such a close, cooperative and constructive relationship with the Indonesian government”.
    That may be a little harder to say today.
    By national defence correspondent Michael Brissenden
    Updated Mon 18 Nov 2013, 8:11pm AEDT
    Find this story at 18 November 2013
    © 2013 ABC

    Australia’s spy agencies targeted Indonesian president’s mobile phone

    Secret documents revealed by Edward Snowden show Australia tried to monitor the mobile calls of Susilo Bambang Yudhoyono and his wife
    Susilo Bambang Yudhoyono, accompanied by his first lady, Kristiani Herawati, speaks to his Democratic party supporters during a rally in Banda Aceh, Aceh province, in March 2009. Photograph: Supri/Reuters
    Australia’s spy agencies have attempted to listen in on the personal phone calls of the Indonesian president, Susilo Bambang Yudhoyono, and have targeted the mobile phones of his wife, senior ministers and confidants, a top-secret document from whistleblower Edward Snowden reveals.
    The document, dated November 2009, names the president and nine of his inner circle as targets of the surveillance, including the vice-president, Boediono, who last week visited Australia. Other named targets include ministers from the time who are now possible candidates in next year’s Indonesian presidential election, and the first lady, Kristiani Herawati, better known as Ani Yudhoyono.
    When a separate document from Snowden, a former contractor to the US’s National Security Agency (NSA), showed Australia had spied on Indonesia and other countries from its embassies, the Indonesian foreign minister, Marty Natalegawa, reacted angrily and threatened to review co-operation on issues crucial to Australia such as people smuggling and terrorism.
    The revelation strained a bilateral relationship already under pressure over the Abbott government’s policy to “turn back” boats of asylum seekers coming to Australia. The new leak, published jointly by Guardian Australia and the Australian Broadcasting Corporation, reveals the specific top-level targets and is likely to seriously escalate those tensions.
    The leaked material is a slide presentation, marked top secret, from the Australian Department of Defence and the Defence Signals Directorate, or DSD, (now called the Australian Signals Directorate), dealing with the interception of mobile phones as 3G technology was introduced in Asia. It includes a slide titled Indonesian President Voice Intercept, dated August 2009 and another slide, titled IA Leadership Targets + Handsets, listing the president and the first lady as having Nokia E90-1s, Boediono as having a BlackBerry Bold 9000, as well as the type and make of the mobile phones held by the other targets.
    Also named as targets for the surveillance are Dino Patti Djalal, at the time the president’s foreign affairs spokesman, who recently resigned as Indonesia’s ambassador to the US and is seeking the candidacy in next year’s presidential election for the president’s embattled Democratic party, and Hatta Rajasa, now minister for economic affairs and possible presidential candidate for the National Mandate party. Hatta was at the time minister for transport and his daughter is married to the president’s youngest son.
    A slide entitled Indonesian President Voice Intercept (August ’09), shows a call from an unknown number in Thailand to Yudhoyono. But the call did not last long enough for the DSD to fulfil its aims. “Nil further info at this time (didn’t make the dev threshold – only a sub-1minute call),” a note at the bottom says.
    Another slide, titled Indonesian President Voice Events, has a graphic of calls on Yudhoyono’s Nokia handset over 15 days in August 2009. It plots CDRs – call data records – which record the numbers called and calling a phone, the duration of calls, and whether it was a voice call or SMS. The agency, in what is standard procedure for surveillance, appears to have expanded its operations to include the calls of those who had been in touch with the president. Another slide, entitled Way Forward, states an imperative: “Must have content.”
    Also on the list of “IA Leadership Targets” are:
    • Jusuf Kalla, the former vice-president who ran as the Golkar party presidential candidate in 2009.
    • Sri Mulyani Indrawati, then a powerful and reforming finance minister and since 2010 one of the managing directors of the World Bank Group.
    • Andi Mallarangeng, a former commentator and television host who was at the time the president’s spokesman, and who was later minister for youth and sports before resigning amid corruption allegations.
    • Sofyan Djalil, described on the slide as a “confidant”, who until October 2009 was minister for state-owned enterprises.
    • Widodo Adi Sucipto, a former head of the Indonesian military who was until October 2009 security minister.
    Asked about the previous revelations about the embassies, Tony Abbott emphasised that they occurred during the administration of the former Labor government, that Australia’s activities were not so much “spying” as “research” and that its intention would always be to use any information “for good”. The prime minister has repeatedly insisted Australia’s relationship with Indonesia is “good and getting better”.
    Boediono said during his visit to Australia – before being revealed as an intended target of Australia’s surveillance – that the Indonesian public was “concerned” about the spying allegations.
    “I think we must look forward to come to some arrangement which guarantees that intelligence information from each side is not used against the other,” he said. “There must be a system.”
    At the bottom of each slide in the 2009 presentation is the DSD slogan: “Reveal their secrets – protect our own.” The DSD is credited with supplying the information.
    Yudhoyono now joins his German, Brazilian and Mexican counterparts as leaders who have been monitored by a member of Five Eyes, the collective name for the surveillance agencies of the US, Britain, Australia, New Zealand and Canada, who share information.
    Germany, Brazil and Mexico have all protested to the US over the infringement of privacy by a country they regarded as friendly. The German chancellor, Angela Merkel, reacted with outrage to the revelation that her personal mobile phone had been tapped by the US, calling President Barack Obama to demand an explanation. The US eventually assured the chancellor that her phone was “not currently being tapped and will not be in the future”.
    The Australian slide presentation, dated November 2009, deals with the interception of 3G mobile phones, saying the introduction of 3G in south-east Asia was nearly complete and providing dates for 3G rollout in Cambodia, Malaysia, the Philippines, Singapore and Thailand.
    Talking about future plans, the Australian surveillance service says it “must have content” and be able to read encrypted messages, which would require acquiring the keys that would unlock them. Other documents from Snowden show the intelligence agencies have made huge inroads in recent years in finding ways into encrypted messages.
    One of the slides, entitled DSD Way Forward, acknowledges that the spy agency’s resources are limited compared with its US and British counterparts. It says there is a “need to capitalise on UKUSA and industry capability”, apparently a reference to the help provided – willingly or under pressure – from telecom and internet companies. The slides canvass “options” for continued surveillance and the final slide advises: “Choose an option and apply it to a target (like Indonesian leadership).”
    The tension between Australia and Indonesia began in October when documents revealed by the German newspaper Der Spiegel and published by Fairfax newspapers revealed that Australian diplomatic posts across Asia were being used to intercept phone calls and data. The Guardian then revealed that the DSD worked alongside America’s NSA to mount a massive surveillance operation in Indonesia during a UN climate change conference in Bali in 2007.
    But these earlier stories did not directly involve the president or his entourage. Abbott made his first international trip as prime minister to Indonesia and has repeatedly emphasised the crucial importance of the bilateral relationship.
    Speaking after his meeting with Boediono last week, Abbott said: “All countries, all governments gather information. That’s hardly a surprise. It’s hardly a shock.
    “We use the information that we gather for good, including to build a stronger relationship with Indonesia and one of the things that I have offered to do today in my discussions with the Indonesian vice-president is to elevate our level of information-sharing because I want the people of Indonesia to know that everything, everything that we do is to help Indonesia as well as to help Australia. Indonesia is a country for which I have a great deal of respect and personal affection based on my own time in Indonesia.”
    Asked about the spying revelations in a separate interview, Abbott said: “To use the term spying, it’s kind of loaded language … researching maybe. Talking to people. Understanding what’s going on.”
    On Monday a spokesman for Abbott said: “Consistent with the long-standing practice of Australian governments, and in the interest of national security, we do not comment on intelligence matters.”
    It remains unclear exactly who will contest next year’s Indonesian presidential election, in which Yudhoyono, having already served two terms, is not eligible to stand. Based on recent polling, the popular governor of Jakarta, Joko Widodo, known as Jokowi, and former general Prabowo Subianto would be frontrunners.
    Ewen MacAskill in New York and Lenore Taylor in Canberra
    theguardian.com, Monday 18 November 2013 00.58 GMT
    Find this story at 18 November 2013
    Find the documents at
     
    © 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    Government refuses G4S’s £24.1m for ‘wrong’ tagging bills

    NAO report finds G4S and rival Serco continued to charge for tagging criminals many years after removing the electronic equipment from their homes
    G4S is being investigated by the Serious Fraud Office, alongside Serco, over claims they overcharged the Ministry of Justice for tagging offenders Photo: Alamy
    The Ministry of Justice has refused an offer from security firm G4S to hand back £24.1m that it has now admitted it “wrongly” billed for tagging criminals.
    G4S made the offer on the eve of Wednesday’s appearance by new chief executive Ashley Almanza before MPs on the Public Accounts Committee – and just as a report from the National Audit Office provided fresh details of the tagging scandal.
    The public spending watchdog found that G4S and rival Serco had continued to charge the taxpayer for tagging criminals many years after removing the electronic equipment from their homes.
    Chris Grayling, the Justice Minister, launched an investigation in July after discovering evidence that the taxpayer had been overcharged, in some cases for tagging prisoners who were dead or back in prison.
    The situation has since escalated into a criminal probe after the Serious Fraud Office said earlier this month that it was examining the contracts.
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    As the scandal erupted, G4S hired law firm Linklaters to carry out an independent review. On Tuesday it admitted the law firm had found circumstances in which G4S “wrongly considered itself to be contractually entitled to bill for monitoring services when equipment had not been fitted or after it had been removed”.
    G4S said it had “apologised” and “issued credit notes totalling £23.3m for amounts incorrectly billed between 2005 and May 2013” and a further £800,000 covering “June 2013 to date.” The company has also incurred £2m of professional fees. All sums were provided for at the half-year results.
    A Ministry of Justice spokesman stressed, however, that it would not accept any sum until it had finished its own audit of the contracts. “The money has not been accepted and we are working with both companies to find exactly how much the taxpayer has been overcharged,” the spokesman said.
    Mr Almanza said: “The way in which this contract was managed was not consistent with our values or our approach to dealing with customers. Simply put, it was unacceptable and we have apologised to the Ministry of Justice.”
    G4S accepted that “the company’s assessment of these matters and the credit notes may not agree with the Ministry’s audit findings”.
    The full scale of the scandal was made clear in the NAO report, which for the first time showed:
    • G4S billed the taxpayer £4,700 for monitoring an offender even though the equipment had been removed 935 days earlier.
    • Serco had been unable to install equipment at a criminal’s address but carried on charging for almost five years, at a cost of £15,500.
    • A criminal was handed four separate court orders for four offences, leading Serco to bill the taxpayer four times “rather than one charge for the subject”.
    • G4S charged for 612 days’ tagging – at a cost of £3,000 – even though it had been informed the offender had been sent to prison and the company had removed the monitoring equipment from his home.
    G4S insisted that, having “conducted an extensive search and review of emails and numerous interviews with relevant employees”, Linklaters had “not identified any evidence of dishonesty or criminal conduct by any employee of G4S”.
    Spending on electronic tagging has run to £722m since G4S and Serco were handed the contracts in 2005.
    G4S stressed there had been a wholesale shake-up of senior management in recent months, including the arrival of a new chief executive, finance director and head of the UK business, adding pointedly that: “The executive previously responsible for the UK businesses is no longer working at G4S.”
    Richard Morris, its former head of UK and Irish operations, departed last month. He has been replaced by Eddie Aston, who was recruited in July.
    The Cabinet Office is reviewing all other G4S and Serco contracts with central Government, effectively barring them for bidding for such work until the review is complete.
    Mr Almanza will be joined by Serco chairman Alastair Lyons at Wednesday’s PAC hearing.
    G4S shares rose 3.5 to 260.3p, while Serco was 16.5 higher at 440.2p.
    Kean Marden, an analyst at Jefferies, said: “G4S has issued an apology, stresses that senior management has been changed, and notes the newly-created position of group head of risk and programme assurance.
    “This mirrors Serco’s statement on 25 October and, in our view, reads like a checklist of actions that the government wanted G4S/Serco to take before normalising relations. We continue to believe that this issue is reaching an endgame.”
    By Alistair Osborne and David Barrett
    5:16PM GMT 19 Nov 2013
    Find this story at 19 November 2013
    © Copyright of Telegraph Media Group Limited 2013

    G4S admits overcharging MoJ £24m on electronic tagging contract

    Company has apologised to Ministry of Justice and issued credit notes for £23.3m incorrectly billed between 2005 and 2013
    G4S said that an external review had confirmed it had been wrong to consider it was contractually entitled to bill for monitoring offenders when tags had not been fitted or after they had been removed. Photograph: Jeff Blackler/REX
    Private security company G4S has admitted it has overcharged the Ministry of Justice more than £24m on its contract for the electronic monitoring of thousands of offenders in England in a practice that was going on for years.
    The admission by one of the government’s largest suppliers comes just 24 hours before G4S and other outsourcing corporate giants, Serco, Atos and Capita are due to be grilled by the powerful Commons public accounts committee on Wednesday over their failings on public sector contracts.
    G4S said an external review it had commissioned by the law firm Linklaters had confirmed it had been wrong to consider it was contractually entitled to bill for monitoring offenders when tags had not been fitted or after they had been removed.
    G4S said it had apologised to the MoJ and issued credit notes for £23.3m that had been incorrectly billed between 2005 and May 2013.
    A further credit note for £800,000 is to be issued to cover continued overcharging that has happened since June.
    The security company said the Linklaters review had not identified “any evidence of dishonesty or criminal conduct by any employee of G4S in relation to the billing arrangements under the electronic monitoring contracts.”
    The G4S statement added that it had “wrongly considered itself to be contractually entitled to bill for monitoring services when equipment had not been fitted or after it had been removed”.
    The admission by the company comes after the Serious Fraud Office announced earlier this month that it was launching a criminal investigation into G4S and Serco for overcharging on criminal justice contracts.
    The G4S statement was timed to coincide with the publication of a National Audit Office memorandum that shows that, in some instances, both contractors were charging the justice ministry for months or years after electronic monitoring activity had stopped. The charging continued even in cases where offenders had been sent back to prison or even died.
    The NAO also says the firms charged the ministry over similar timescales when electronic monitoring was never undertaken and charged multiple times for the same individual if that person was subject to more than one electronic monitoring order at the same time.
    Serco has also said it will refund any amount that it agrees represents overcharging.
    The justice ministry has not yet agreed to any refund offers made by either firm.
    In July, the justice secretary, Chris Grayling, revealed that G4S and Serco had overcharged the government by “tens of millions of pounds” on the tagging contracts. This claim was disputed at the time by G4S. Grayling also announced that accountancy firm PricewaterhouseCoopers was carrying out a forensic audit into the contracts. A G4S whistleblower working in the call centre dealing with tagging was involved in raising initial concerns about billing practices.
    The NAO gives examples of the disputed overcharging practices in its memorandum prepared for Wednesday’s showdown between MPs and the outsourced companies. They include:
    • The justice ministry was charged £3,000 for 612 days monitoring of an offender who had been sent to prison for two years 20 months earlier. G4S removed the tagging equipment but kept on billing because the court had not provided the relevant paperwork.
    • On 28 October 2010, G4S removed tagging equipment from the address of an offender where a number of breaches of curfew had been reported. The court failed to confirm the tag was no longer required even when chased in December 2012 so billing continued until 20 May 2013. The total bill was £4,700 for 935 days without a tag being in place.
    • Serco billed £15,000 for almost five years’ monitoring in a case where it was unable to install tagging equipment in July 2008 at an address where the subject was due to be arrested. In October 2010, when Serco visited the property it was told nobody had been living there for 18 months.
    Ashley Almanza, the G4S Group chief executive, said the company’s announcement was an important step in setting the matter straight and restoring trust.
    “The way in which this contract was managed was not consistent with our values or our approach to dealing with customers. Simply put, it was unacceptable and we have apologised to the Ministry of Justice,” Almanza said.
    “As part of a wider programme of corporate renewal, we have changed the leadership of our UK business and we are putting in place enhanced risk management and contract controls.
    “We remain committed to working with the ministry and the UK government to resolve this matter and to provide enhanced oversight of service delivery and contract performance.”
    The MoJ said it was not prepared to comment while a criminal investigation was under way.
    The Cabinet Office is carrying out a government-wide review of G4S and Serco contracts but G4S said that no evidence had so far come to light that suggested that similar billing practices applied to other government contracts.
    Both Serco and G4S withdrew from the tendering process for the next generation of electronic tagging. But both companies have been allowed to bid for £450m-worth of probation contracts but will not be awarded them unless they are given a clean bill of health over the tagging dispute.
    Alan Travis, home affairs editor
    theguardian.com, Tuesday 19 November 2013 11.58 GMT
    Find this story at 19 November 2013
    © 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    Security firm G4S ‘charged for tagging the dead’

    Cost: Scandal-hit security firm G4S facing claims it charged the Government for tagged people who were either dead or back in prison
    Security firms faced a criminal probe today over claims it charged the taxpayer to tag offenders who were dead or back in prison.
    Justice Secretary Chris Grayling called in the Serious Fraud Office to consider investigating G4S Care and Justice Services, part of the company disgraced last year for failing to supply enough Olympic security staff.
    Another firm, Serco Monitoring, was also believed to have charged wrongly. Mr Grayling told MPs that the sums involved ran to “tens of millions” of pounds.
    The bombshell allegations sent the two companies’ shares on the FTSE 100 falling sharply.
    In a statement to the Commons, Mr Grayling said officials spotted “what appeared to be a significant anomaly in the billing practices” while preparing new contracts for electronic tagging.
    “It appeared that we were being charged in ways not justified by the contracts and for people who were not in fact being monitored,” he said.
    To the astonishment and fury of MPs, he added: “It included charges for people who were back in prison and had had their tags removed, people who had left the country, and those who had never been tagged in the first place.
    “There are a small number of cases where charging continued for a period when the subject was known to have died.
    “In some instances, charging continued for a period of many months and indeed years after active monitoring had ceased.”
    Mr Grayling added: “The House will share my astonishment that two of the Government’s biggest suppliers would seek to charge in this way. The House will also be surprised and disappointed to learn that staff in the Ministry of Justice were aware of a potential problem and yet did not take adequate steps to address it.”
    Serco had agreed to co-operate fully with a sweeping forensic audit, and said its senior managers were not aware. “They do not believe anything dishonest has taken place,” said Mr Grayling.
    However, G4S had refused to take part in an additional forensic audit, leaving him no option but to call in the SFO.
    “I should state that I have no information to confirm that dishonesty has taken place on the part of either supplier,” he added.
    “But given the nature of the findings of the audit work that has taken place so far, and the very clear legal advice that I have received, I am today asking the Serious Fraud Office to consider whether an investigation is appropriate into what happened in G4S.”
    But G4S sources stressed no evidence of dishonesty had been discovered by either the MoJ review or its own inquiry carried out with the assistance of external experts.
    They said the firm had co-operated fully with the MoJ and was given the choice of another audit by management consultants or a referral to the SFO.
    G4S had preferred calling in the SFO, they added, to investigate any claims of dishonesty.
    They insisted that they had found “absolutely no indication” that it had not complied with the terms of its contract.
    But shadow justice secretary Sadiq Khan was stunned by the allegations.
    “To the public this appears a straightforward fraud – obtaining property by deception,” he said.
    Keith Vaz, Labour chairman of the Commons home affairs committee, added: “G4S should never have got another Government contract after the shambles of the Olympics.”
    Cabinet Office minister Francis Maude announced a government-wide review of contracts held by G4S and Serco.
    Serco Group, which runs the Boris Bike scheme, said it would repay any amount agreed to be due and that given the investigation, it had decided to withdraw from the re-tendering process for the electronic monitoring service.
    The company’s chief executive Christopher Hyman said: “We will not tolerate poor practice and behaviour and wherever it is found we will put it right.”
    Joe Murphy, Political Editor
    Nicholas Cecil
    Published: 11 July 2013
    Updated: 08:03, 12 July 2013
    Find this story at 12 July 2013
    © Evening Standard Limited

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