(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.
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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.
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)
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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
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.
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
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.
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
Taxpayers were charged tens of millions of pounds for ‘phantom’ electronic tags on criminals who were either dead, in jail or had left the country.
Two private firms, G4S and Serco, are accused of wrongly billing for tens of thousands of tags which had either been removed or simply never fitted.
Estimates suggest up to one in six of the 18,000 tags the Ministry of Justice was billed for every day were not real.
Taxpayers could have overpaid two private companies for their work tagging criminals
Last night ministers asked fraud investigators to look at G4S, after the company refused to allow forensic auditors access to its books and emails between senior executives.
Justice Secretary Chris Grayling took the dramatic step after pledging to recover ‘every last penny’ owed to the public purse.
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He told MPs the scandal could date back as far as 1999, when tagging of criminals began in England and Wales. Since then the taxpayer has spent £1billion on tagging and monitoring offenders. The current contracts began in 2005.
Mr Grayling condemned the overcharging as ‘wholly indefensible and unacceptable’. In some cases, bills were paid for months or years after tags were taken off, he said.
G4S’S ROLL OF SHAME
OLYMPIC SECURITY
Just two weeks before the start of the 2012 Olympic Games, G4S admitted it was unable to supply more than 10,000 security guards it had promised.
Army and police personnel were drafted in to fill the gap (pictured above), with the company eventually picking up the £88million bill.
PROSTHETIC TAG
In 2011, two G4S workers placed an electronic tag on an offender’s false leg, meaning he could simply take it off.
Christopher Lowcock wrapped his prosthetic limb in a bandage to fool staff who set up the device in his home.
PRISONER DIES
Angolan prisoner Jimmy Mubenga died in 2010 after being restrained by G4S guards on his deportation flight. Three G4S staff were arrested on suspicion of manslaughter but charges were not brought because of a lack of evidence.
BIRMINGHAM KEYS
In 2011, a set of keys went missing at Birmingham Prison, a jail managed by G4S. Inmates were locked in their cells for an entire day, and new locks had to be fitted at a cost of £250,000.
He also launched a disciplinary investigation into former officials in the department after discovering contract managers were aware of billing issues in 2008, but ‘nothing substantive was done’.
Details of a ‘significant anomaly in billing practices’ within the deals emerged during a routine review as ministers prepared to negotiate contracts for satellite tags.
It found ‘charges for people who were back in prison and had their tags removed, people who had left the country and those who had never been tagged in the first place’, Mr Grayling said.
Charges were also made in a ‘small number of cases when the subject was known to have died’.
He added: ‘In some instances, charging continued for a period of many months and indeed years after active monitoring had ceased.’
The bill to taxpayers is put in the ‘low tens of millions’.
Tags are put on criminals after their early release from prison or as part of their community service.
Most involve a 12-hour curfew from 7pm to 7am, allowing the criminal, in theory, to work. A box in the offender’s home sounds an alert if the tag goes out of range or stops working.
Audits have also been launched into all other contracts between the Government and the two firms, both major suppliers to Whitehall. G4S received £1billion in revenue from UK Government contracts last year, while Serco made £2billion.
Serco has withdrawn its bid from the current tendering process for new satellite tags, while G4S is expected to be excluded after refusing to pull out.
Serco agreed to co-operate with a new audit but has said it does not believe ‘anything dishonest has taken place’.
G4S rejected the new audit and last night a spokesman insisted it has ‘always complied totally with the terms of the contract’.
The Serious Fraud Office will consider whether an investigation is appropriate into what happened at G4S, Mr Grayling said.
Indefensible: Justice Secretary Chris Grayling said G4S had rejected a demand for a new forensic audit
The firm’s reputation was shredded last year by its failure to fulfil the security contract for the Olympics. Thousands of armed forces and police personnel were called in to fill the gap and the company was forced to pick up the tab.
In May, G4S chief executive Nick Buckles quit with a £1.2million payoff. Several senior managers were sacked in the wake of the Olympic fiasco.
The price of shares in both firms plunged yesterday following the announcement, wiping £176.4million from G4S’s value and £269.6million from Serco.
G4S group chief executive Ashley Almanza said: ‘We place the highest premium on customer service and integrity and therefore take very seriously the concerns expressed by the Ministry of Justice.’
Serco group chief executive Christopher Hyman said: ‘Serco is a business led by our values and built on the strength of our reputation for integrity. We are deeply concerned if we fall short of the standards expected.’
By Jack Doyle and Peter Campbell
PUBLISHED: 11:52 GMT, 11 July 2013 | UPDATED: 08:19 GMT, 12 July 2013
Find this story at 11 July 2013
© Associated Newspapers Ltd
Serious Fraud Office investigates G4S claim of over-charging for government contracts
Whitehall contracts running into billions of pounds are being urgently reviewed after the Government disclosed that two major firms had charged the taxpayer to monitor non-existent electronic tags, some of which had been assigned to dead offenders.
In an announcement that throws the Coalition’s privatisation drive into disarray, the Serious Fraud Office was called in to investigate G4S, the world’s largest security company, over contracts dating back over a decade.
Serco, one of Britain’s largest companies, also faces an inquiry by auditors over its charges for operating tagging schemes.
The firms supply an array of services to the public sector from running courts, prisons and immigration removal centres to managing welfare-to-work schemes and the Atomic Weapons Establishment.
Between them the two companies receive around £1.5bn a year from the taxpayer, but their contracts are worth billions of pounds because the vast majority run for several years.
They were also hoping to cash in on moves by the Ministry of Justice (MoJ) to hand them further large contracts to operate prisons and supervise offenders in the community.
The process of awarding all contracts was put on hold last night as the inquiries got underway.
The MoJ began investigating all its agreements with the two firms, including the running of major prisons, while the Cabinet Office started scrutinising all other Government contracts with G4S and Serco.
Shares in both companies fell sharply after the announcement by Chris Grayling, the Justice Secretary.
Shares in G4S – which suffered torrid publicity over its mishandling of the last year’s London Olympics security contract – finished the day 12.6p down at 213p. Serco tumbled by 54p to 626.5p.
Each of the companies relies heavily on Britain both for income and burnishing its international reputation. The move by the Government is unlikely to result in the wholesale loss of contracts, as the firms have few competitors of the same size but is a blow to their standing worldwide.
Mr Grayling’s announcement came after an audit discovered G4S and Serco had overcharged taxpayers by up to £50m, billing them for offenders who were dead, back in custody or had left the country. According to one MoJ source, the companies charged for 18,000 offenders when the actual number was around 15,000.
Mr Grayling said latest estimates suggested taxpayers had been overcharged by the companies to the tune of “low tens of millions” since the electronic monitoring contracts were signed in 2005. He also disclosed that ministry staff could have known about the practice for five years and face possible disciplinary action.
He said in a Commons statement: “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 the potential problem and yet did not take adequate steps to address it.“
Mr Grayling said he was asking the Serious Fraud Office to investigate the G4S contracts as the company had refused to co-operate with a further audit to rule out wrongdoing.
An investigation by PriceWaterhouseCoopers found that overcharging could have dated back as far back as 1999 when earlier contracts were signed.
Serco has agreed to withdraw from the current tender process for an electronic monitoring contract worth up to £1m, while Mr Grayling plans moves to exclude G4S as it is still attempting to bid.
Serco had also been the leading bidder for prison contracts in Yorkshire, but Mr Grayling will delay their award until the fresh audit is complete.
An urgent review of contract management across the Ministry of Justice’s major contracts has also been launched and will report by autumn, he said.
G4S and Serco were also among companies preparing to bid for a range of payment-by-results contracts to supervise low to medium-level offenders across England and Wales.
Ian Lawrence, general secretary of the National Association of Probation Officers union, said: ”We’ve long maintained that these companies are unfit for purpose when it comes to holding important public contracts. The outcome of the initial investigation into G4S and Serco suggests a good deal of malpractice has been discovered.“
Ashley Almanza, the G4S group chief executive, said: ”We place the highest premium on customer service and integrity and therefore take very seriously the concerns expressed by the Ministry of Justice. We are determined to deal with these issues in a prompt and appropriate manner.“
Serco Group’s chief executive, Christopher Hyman, said: ”Serco is a business led by our values and built on the strength of our reputation for integrity.
“These values lie at the heart of the many thousands of our people who are endeavouring to deliver the highest standard of service to our customers around the world. We are deeply concerned if we fall short of the standards expected of all of us.”
Sadiq Khan, the shadow Justice Secretary, said: “Given the scale of the allegations, the Government must immediately call in the police and the Serious Fraud Office to investigate both companies as fraud has potentially taken place.”
Security breach: Other G4S fiascos
* G4S faced fierce criticism last year following the botched handling of its Olympics security contract. It failed to deliver the numbers of security staff it had promised and the Government was forced to bring in additional armed forces personnel. The firm will take a £70m hit over the bungled contract with Games organisers, Locog.
* Earlier this week an inquest jury ruled an Angolan man who died after being restrained by three G4S guards as he was being deported from the UK was unlawfully killed. Jimmy Mubenga, 46, died on a plane bound for Angola in October 2010. The Crown Prosecution Service said it would reconsider its decision not to bring criminal charges in the wake of the verdict.
* In January, multimillion-pound plans by three police forces to outsource services to G4S collapsed. Hertfordshire Police and Crime Commissioner, David Lloyd, said the Bedfordshire, Cambridgeshire and Hertfordshire Strategic Alliance had discontinued negotiations with the firm.
However, last month it was revealed Lincolnshire’s police force now spends the lowest amount per head of population on policing in England and Wales after it handed over the bulk of its back-office functions to G4S.
Nigel Morris
Friday 12 July 2013
Find this story at 12 July 2013
© independent.co.uk
Justice secretary tells MPs he has called in Serious Fraud Office to investigate private security firm for overcharging
The overcharging included billing for tracking the movements of people who had died. Photograph: David Davies/PA
The Serious Fraud Office has been called in by the justice secretary to investigate the private security company G4S for overcharging tens of millions of pounds on electronic tagging contracts for offenders.
Chris Grayling told MPs the overcharging included billing for tracking the movements of people who had moved abroad, those who had returned to prison and had their tags removed, and even people who had died.
He said he had made the decision after G4S refused on Wednesday to co-operate with a voluntary forensic audit of its billing practices and to withdraw as a potential bidder for the next generation of tagging contracts worth up to £3bn.
“At this time I do not have evidence of dishonesty by G4S but I have invited the Serious Fraud Office to investigate that,” he said.
Whitehall sources say that a new forensic audit will look at a central allegation that the justice ministry was being billed for the tagging of 18,000 offenders a day when only 15,000 were actually being monitored – raising the prospect of being charged for 3,000 “phantom” offenders or one in six of all those on tags.
Grayling told MPs that G4S and a second major supplier, Serco, had been overcharging on the existing £700m contract, with the Ministry of Justice being billed for non-existent services that dated back to at least 2005 and possibly as long ago as 1999.
Grayling added that it included charging for monitoring 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,” he told the Commons.
“In some instances, charging continued for a period of many months and indeed years after active monitoring ceased. This is a wholly indefensible and unacceptable state of affairs. The house will share my astonishment that two of the government’s biggest suppliers would seek to charge in this way.”
Shares in Serco fell about 8% and for G4S almost 6% by the close on Thursday.
The decision to call in the SFO follows an audit by PricewaterhouseCoopers commissioned by Grayling in May after billing discrepancies were discovered during a re-tendering process. Under the contracts the movements of more than 20,000 offenders are monitored using electronic ankle tags at any one time.
“The audit team is at present confirming its calculations but the current estimate is that the sums involved are significant, and run into the low tens of millions in total, for both companies, since the contracts commenced in 2005,” Grayling said.
Serco, which is one of the government’s biggest and most important suppliers, agreed on Wednesday to fully co-operate with a forensic audit to establish whether any dishonesty took place on its part. It has also agreed to withdraw from bidding for the £3bn next-generation tagging contract.
“They have said they take the issue extremely seriously and assure me that senior management were not aware of it. They do not believe anything dishonest has taken place, but we have agreed that if the audit does show dishonest action, we will jointly call in the authorities to address it,” Grayling said.
Serco was the leading bidder to take over the management of a prison in South Yorkshire. Grayling said that decision had now been delayed until the voluntary forensic audit was completed.
The Cabinet Office is to review all G4S and Serco contracts held across government as a result of the tagging scandal. The Cabinet Office minister, Francis Maude, had already started preparations for a register of companies holding public sector contracts to detail their track record in the wake of G4S’s failure last year to fulfil its contract to provide security guards for the London Olympics.
Grayling, who had the attorney general, Dominic Grieve QC, next to him when he made his Commons statement, said he had taken the decision to call in the SFO “given the nature of the findings of the audit work that had taken place so far, and the very clear legal advice that I have received”.
He said the SFO was being asked to consider whether an investigation was appropriate, and to confirm “whether any of the actions of anyone in that company represent more than a contractual breach”.
The justice secretary has started a formal process to determine whether to exclude G4S from the next 10-year tagging contract which is due to start shortly. He has also taken action within the justice ministry after disclosing that his own officials became aware in a limited way of some of the problems in 2008 but failed to take adequate steps to address them.
He said an entirely new contract management team had been put in place. “The permanent secretary is also instituting disciplinary investigations to consider whether failings on the part of individual members of staff constitute misconduct”, he said.
The shadow justice secretary, Sadiq Khan, said the disclosures were “truly shocking” and the police should be called in immediately to investigate Serco as well as G4S. “There can be no cosy relationship with either company if we are to truly get to the bottom of these very serious allegations,” he said.
G4S said the justice ministry was an important customer and it was committed to resolving its concerns. It said it was conducting its own review and would reimburse any overbilling it identified. It said it was not aware of any indications of dishonesty or misconduct.
Ashley Almanza, the G4S chief executive, said: “We are committed to having close and open relationships with our customers and we strive to work in partnership for the mutual benefit of our organisations.
“We place the highest premium on customer service and integrity and therefore take very seriously the concerns expressed by the Ministry of Justice. We are determined to deal with these issues in a prompt and appropriate manner.”
Serco Group’s chief executive, Christopher Hyman, said: “Serco is a business led by our values and built on the strength of our reputation for integrity. These values lie at the heart of the many thousands of our people who are endeavouring to deliver the highest standard of service to our customers around the world. We are deeply concerned if we fall short of the standards expected of all of us.”
Alan Travis, home affairs editor
The Guardian, Friday 12 July 2013
Find this story at 12 July 2013
© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.
Chris Grayling, the Justice Secretary, has asked the Serious Fraud Office to investigate security firm G4S after a review found the Government had been overcharged by tens of millions of pounds in its electronic tagging contract.
A review has found G4S and rival security company Serco both over-billed the taxpayer for running the tagging schemes, in what the minister said was a “wholly indefensible and unacceptable state of affairs”.
It included charging the government for tagging offenders who had died, been returned to prison, left the country or who had never been put on the tagging scheme in the first place, Mr Grayling told the House of Commons.
Ministry of Justice sources said although they typically had 15,000 offenders on a tag at any one time G4S and Serco had been charging them for 18,000 – meaning one in six was spurious.
It also emerged civil servants first became aware of some of the problems in 2008 but failed to take appropriate action – and Mr Grayling said some may now face disciplinary action.
“I am angry at what has happened and am determined to put it right,” said Mr Grayling.
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“This has included instances where our suppliers were not in fact providing electronic monitoring.
“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 but who had instead been returned to court.
“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.
“The House will share my view that this is a wholly indefensible and unacceptable state of affairs.
Mr Grayling said he expected MPs would share his “astonishment” that two of the government’s two biggest contractors would behave in such a way.
He added: “The audit team is at present confirming its calculations but the current estimate is that the sums involved are significant, and run into the low tens of millions in total, for both companies, since the contracts commenced in 2005.
“It may date back as far as the previous contracts let in 1999.”
Serco has agreed with a Ministry of Justice proposal for a further investigation, and allow inspection of its internal emails.
But G4S, which was widely criticised for its failure to fulfil security requirements at last year’s Olympics, has rejected that proposal, said Mr Grayling.
“I should state that I have no information to confirm that dishonesty has taken place on the part of either supplier,” he told MPs.
“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, and to confirm to me whether any of the actions of anyone in that company represent more than a contractual breach.”
Mr Grayling first launched an investigation into G4S and Serco in May after an internal audit uncovered a “significant anomaly” in the billing process.
The Ministry of Justice brought in external auditors to find out how much the two companies have incorrectly claimed from the taxpayer, which uncovered the remarkable details announced by Mr Grayling to the Commons.
He said: “I am making changes in my department because it is quite clear that the management of these contracts has been wholly inadequate.
“Enough knowledge came into the department to find out about these issues some years ago but it was not acted upon.
“Proceedings are likely to include, or may well include, disciplinary proceedings to establish precisely what did go wrong.”
Spending on electronic tagging has run to £700 million since G4S and Serco were handed the contracts.
Mr Grayling said no-one had been put in danger and the problem was purely to do with the billing arrangements. The contracts were awarded by the Labour government in 2004 and are ministers are currently going through a process to re-allocate the work.
Serco has pulled out of the bidding process but Mr Grayling said he was “disappointed that G4S still feel it appropriate to participate”.
By David Barrett, Home Affairs Correspondent
12:40PM BST 11 Jul 2013
Find this story at 11 July 2013
© Copyright of Telegraph Media Group Limited 2013
The shambolic Olympic security firm G4S is bidding for the right to print Britain’s banknotes, it emerged last night.
The embattled group has teamed up with a French company to try to get its hands on the lucrative £1billion contract.
Currently the work is done by the British firm De La Rue, which was first commissioned to print UK banknotes at the outbreak of the First World War.
G4S, which has faced calls to be barred from public work after a string of scandals, wants to take over the contract
Now G4S, which has faced calls to be barred from public work after a string of scandals, wants to take over the contract.
It has joined forces with France’s Oberthur Technologies, which would take control of the printing process itself.
Labour MP Keith Vaz, who has called for the company to be blacklisted from future taxpayer contracts, demanded G4S pull out of the bidding.
He said: ‘G4s have failed the public on numerous occasions.
‘At a recent public meeting Jon Shaw, a G4S director, agreed with the Home Affairs Select Committee that companies that fail to deliver on public contracts should be on a high risk register.
The group faced public outrage last summer when it failed to provide enough guards for the Olympic venues. The army was drafted in to make up the shortfall
‘In light of this they should withdraw their application for this important contract until they have got their house in order.’
Before 2003 the Bank of England managed its own banknote printing.
In 2003 the Bank gave the work to De La Rue, which has held the contract for ten years.
Now it is has put the job out to tender.
The winning company will be responsible for printing notes from 2015 to 2025, with the possibility of extending the work even further to 2028.
But even if G4S and its Franco partner win, they will have to print the notes in the UK.
Any successful company can only print the notes using the Bank’s secure printing works in Debden in the Epping Forest.
From there the notes are taken securely to the Bank’s cash distribution centres around the country.
The Bank has issued paper banknotes ever since the central bank was created in 1694 as a way of raising money for King William III’s war against France.
But now it is planning to issue plastic notes, which can survive a spin in the washing machine.
Polymer banknotes, as well as being hard to fake, are durable and stay cleaner for longer because the material is more resistant to dirt and moisture.
Whichever firm wins the contract will have to be able to produce them as well as paper notes, the Bank has said.
Current provider De La Rue entered the plastic banknote market earlier this year with deals to supply Fiji and Mauritius.
G4S has been embroiled in a number of public blunders over the last 18 months.
The group faced public outrage last summer when it failed to provide enough guards for the Olympic venues.
The army was drafted in to make up the shortfall, and G4S was forced to pay compensation.
In July the company was accused of charging taxpayers for electronic tags on prisoners who were either dead, in jail or had left the country.
Ministers said they would review the company’s entire portfolio of government work – worth almost £1billion a year.
The blunders happened on the watch of flamboyant boss Nick Buckles, who was forced to resign earlier this year after a humiliating warning that the company’s profits would fall short of expectations.
G4S refused to comment last night. The Bank of England also refused to comment.
By Peter Campbell
PUBLISHED: 01:11 GMT, 27 September 2013 | UPDATED: 13:31 GMT, 27 September 2013
Find this story at 27 September 2013
© Associated Newspapers Ltd
German intelligence services collect data from asylum seekers that could have security relevance and turn it over to the US. In some instances this could be a breach of international law.
In its ongoing “war on terror,” the United States, for years, has been carrying out so-called targeted killings of suspected terrorists with the help of unmanned drone aircraft. Information about possible targets is also passed on to the US intelligence services by their German counterparts, who have gleaned that information from asylum seekers.
Germany’s Central Survey Office (HBW) regularly conducts background checks on asylum seekers. The agency, like the Federal Intelligence Service (BND), answers directly to the chancellor, and is particularly interested in information about suspected terrorists in the asylum seeker’s country of origin.
Theoretically, as German media have pointed out, the transfer of this information could lead to the targeted killing of a person by the United States, making Germany an indirect participant in that action – and that could be a violation of international law, according to Robert Frau, an expert on the subject at Viadrina University in Frankfurt/Oder.
“If Germany were to hand over data to the Americans, which were then used for illegal actions, then Germany would be abetting a breach of international law,” said Frau.
Interpretations of international law
There is no consensus among law experts, however, whether or not drone attacks and targeted killings are a violation of international law, and as such, whether Germany, in passing on information, would be abetting a breach of the law.
This MQ-9 Reaper is one of the main drones used by the US for clandestine air operations
In armed conflicts, persons participating directly in combat operations are legitimate targets. “In such cases, a drone attack is no different than using a missile, or having soldiers fire their weapons,” said Frau.
A targeted killing in that scenario would not be a violation of international law. Both the United States and Germany, for example, are involved in an armed conflict in Afghanistan. Therefore, if Germany passes information to the US on German citizens in Afghanistan and the US uses that information for a targeted killing, that is not a breach of international law, Frau explained.
The situation would be different in Somalia, however. “Germany is not involved in armed conflict there and outside of an armed conflict there are other rules. That means, as a matter of principle, such killings are not legal,” Frau stressed.
No German collusion is known
Hans-Christian Ströbele admits that no German participation is known
It is next to impossible to prove whether or not Germany in the past ever provided information that led to a targeted killing. When asked, the German government points to the necessity of keeping sensitive information secret.
Even the highly critical Green politician, Hans-Christian Ströbele, who is a member of the Parliamentary Control Committee that oversees the intelligence services and has access to secret government files, has said that he has no knowledge of any such cases.
Ströbele did say, however, that there was also no way to totally exclude it either. Germany, he said, had no way of knowing what the US did with the information it received from Berlin.
Once data is passed on, one can assume the US intelligence services will use it as they see fit, agrees law expert Frau. Germany “cannot pass on data with the explicit request that they not be used for illegal acts,” he said.
Date 26.11.2013
Author Sven Pöhle / gb
Editor John Blau
Find this story at 26 November 2013
© 2013 Deutsche Welle |
German law promises refuge to those persecuted in their home countries. Now it has been revealed that German intelligence uses the asylum process to find out more about those coming here – and those who stay behind.
When refugees apply for asylum in Germany they have to go through a long process before their stay is approved. Employees of the Federal Office for Migration and Refugees ask them questions about the situation in their home country and whether they face political persecution.
They agency is also interested in finding out how refugees arrived in Germany, whether criminal smugglers helped them and whether applicants entered other European countries before arriving in Germany. If they did, international law says they must return to the country of entry.
Victor Pfaff says the HBW are not mysterious
But unknown to the public, there is another authority that can take charge of the process. The Berlin-based Office for Interrogation (HBW) is officially part of the chancellor’s office. Since 1958 if has gathered information to help Germany’s domestic Federal Intelligence Service (BND). Many observers believe it is in reality part of the BND.
Journalists from the daily “Süddeutsche Zeitung” and public broadcaster NDR reported that HBW employees ask whether asylum-seekers know specific people in their home countries who might belong to a terrorist organization or have information about weapons caches. In theory, this information could be used by intelligence services to find or kill terrorists.
A dangerous game?
Lawyers who advise asylum-seekers about their rights frequently encounter the HBW. Victor Pfaff has been working in Frankfurt as an asylum-rights lawyer for more than 40 years. He has met many HBW employees, finding them always to be very polite and happy to hand out their business cards. “We shouldn’t enshroud them in a fog of mystery,” he said.
Pfaff said the agency denies being part of the BND, even though both organizations report directly to the chancellor.
Asylum-seekers had never complained to him that this questioning caused them problems, Pfaff said. On the contrary, he sometimes approached the HBW for help in speeding up difficult asylum cases. He said if his clients are able to provide useful information, their residence permits can be issued in a matter of days.
But deals like this only happen rarely, Pfaff said, warning that information can also be gathered without consent. “It is problem if German intelligence is secretly present at a an asylum hearing and provides this information to foreign intelligence.” If this happened, asylum-seekers might feel they were being used. Pfaff said he had heard of such cases, and believed they posed a danger, because terrorists could take revenge and kill alleged traitors.
Refugees can spend years in camps such as this one in Friedland, Lower Saxony
Warnings for attempted spying
Claus-Ulrich Prössl heads the Cologne Refugee Council, an organization that assists asylum-seekers throughout the procedure. Prössl said he believes the BND and the HBW are closely connected, and had even heard of cases where people were questioned by BND employees. “A few refugees were hoping that their asylum process would go more quickly, while other refugees did not understand what was going on and were worried.”
Prössl warns asylum-seekers to be careful: “Unfortunately, after the NSA affair, we have to assume that all information will be passed on.” He said he did not see any data protection or confidentiality and worried that the information thus gathered would not stay within the borders of Germany. There must be a reason, he said, why the state of North Rhine-Westphalia had given up on its own security questioning.
Cologne-based lawyer Zaza Koschuaschwili also warns applicants about questions that have nothing to do with the actual asylum process. Sometimes the quality of the available simultaneous translators is poor:”It often happens that interpreters is add their own interpretations or opinions to a statement.” His clients would often complain that they had been musunderstood, he added.
As a lawyer and a native of Georgia, Koschuaschwili can speak both languages and knows his clients’ rights. But whenever the HBW gets involved, attorneys are frequently excluded from interviews.
Refugees give information to the HBW in the hope of gaining residency
Participation is not meant to have drawbacks
DW asked the HBW for an interview to shed light on the relationship between itself and the BND. Its director promised to provide the desired information once a series of questions had been discussed with the chancellor’s office. That process is still ongoing.
Six months ago, Sharmila H. came to Germany from Afganistan. Although she is still waiting for her interview, she says one thing is already clear to her: “I will not answer just any questions,” if intelligence agencies speak to her – just who she is and why she came here.
Pfaff and Koschuaschwili wish to reassure those who are unwilling to cooperate with German intelligence that they should have no fear about the regular procedure for granting asylum.
Sharmila H. hopes they are right.
Date 22.11.2013
Author Wolfgang Dick / ns
Editor Simon Bone
Find this story at 22 November 2013
© 2013 Deutsche Welle
In Somalia, Yusuf A. owned two houses and several cars. He had money and power as a politician with a seat in parliament and occasionally even in the cabinet. Now he lives in a shabby apartment in a small industrial park in Munich. Yusuf hasn’t yet found work and frequently falls ill. He’s lost his wealth, but at least he’s safe. In Somalia, he was under threat from al-Shabaab Islamists. Then it went beyond threats. One day a grenade landed in his house, killing a colleague of his. Yusuf fled to Germany.
He was granted permanent residency with amazing swiftness and was allowed to send for his wife and seven children to join him. The German authorities—and they probably weren’t alone—showed great interest in Yusuf. In the span on seven weeks authorities called him in for questioning five times. The meetings lasted hours. Hearings conducted by the Federal Office for Migration and Refugees usually aren’t that involved. But in the case of Yusuf A., another authority came into play: the Main Office for Questioning (the Hauptstelle für Befragungswesen, HBW for short), which was established in during Cold War times to interview refugees and immigrants.
The mysterious agency specializes in drawing on information it teases out of refugees. Just like the Federal Intelligence Service (Bundesnachrichtendienst, the BND, the counterpart to the U.S.’s Central Intelligence Agency), it falls under the purview of the Chancellor’s office. Even the federal government is tight-lipped about the intelligence operations conducted within the HBW. This is about secret intelligence, after all.
Old records at Berlin’s administrative court show, however, that the HBW (first created by Germany’s Western allies) has been under the control of the BND since the 1950s. One BND report from 1983 calls witnesses in the HBW asylum process an “opening in the shadows.” That would make the HBW an institution built on a shadow world.
The refugees are expected to give extensive testimony. Testimony about conditions back home, preferably about politicians, terrorists and their networks.
Yusuf won’t say exactly what he told the officers at the HBW. But he will give us one detail; during a meeting he gave up the telephone number of an al-Shabaab leader. He knew a woman who came from the same town and, at the urging of the German officers, coaxed the al-Shabaab leader’s number out of her. He also found out that the Islamist leader seldom used his cellphone and even then used it only briefly. He mostly let his associates speak for him, switching their phones often.
Yusuf now wonders if it was right to pass on the number to the Germans. Cellphone numbers help to locate people, and if the German authorities get a hold of important numbers, the BND can hand them over to the U.S.
The United States is leading a drone war in Somalia that is legally questionable and continually claims the lives of people who have nothing to do with terrorist groups such as al-Shabaab or Al-Qaida. Yusuf knows that.
He says, “You have to attack al-Shabaab. They are evil people.” But he doesn’t want innocent civilians to die in the name of shutting down al-Shabaab.
Refugees like Yusuf who are interviewed by the HBW aren’t told later what was done with the information they provided.
Immigrant as informant
Asylum seekers in Germany are unwittingly being used as intelligence sources. Not every immigrant is called for questioning, but some receive letters from the HBW. They read; “the security situation worldwide” makes it necessary that the government of the Federal Republic of Germany gain information “about the political and social issues in your home country.” The HBW is charged with “collecting reliable information.”
An HBW questionnaire for Afghanis reads: “The people in my hometown openly support the Taliban”—”yes” and “no”. The HBW wants to know how the supply of doctors and drinking water is, how foreign soldiers are perceived, and whether people believe that Afghanistan’s government can stabilize the situation. The questions are written in Afghanistan’s official language, Dari.
Once you’ve filled out the questionnaire, it’s not over. Sometimes two women from the HBW, accompanied by a translator, arrive for a more personal chat. One lawyer from northern Germany says her client was allowed to stay in Germany because of his work helping the U.S. Army in his home country of Afghanistan. Later she learned her client had been questioned by the HBW in a refugee camp. She calls the cooperation between refugees and the HBW a “balancing act”. It’s not yet clear, lawyers say, what’s done with the information from these surveys and interviews or what effect participation—or nonparticipation—has on the refugees’ fate.
The Germany government says participation in the surveys is voluntary and has no influence on the duration or success of the asylum process. But it’s striking how quickly refugees are taken in when they pique the interest of the HBW. Attorneys argue that their clients are especially vulnerable after such an HBW interview session if they are subsequently sent back to their home countries. In many of these refugees’ homelands, it’s not exactly seen as a good thing to be talking to a western intelligence agency.
The German government talks about “post-refuge rationale” that occurs after leaving one’s homeland. If such a “post-refuge rationale” is apparent during the HBW questioning, it will be considered as part of the asylum application. That sounds complicated, especially since the government says there’s no reward system at play.
In off-the-record interviews, several attorneys said clearly: refugees who cooperate with the HBW can expect a speedy process and permanent residency in Germany. Lawyers are mostly shut out of these interview sessions. The authorities explicitly advise the asylum seekers to come without legal representation.
One Somali interpreter who has translated for asylum seekers for many years is convinced that there’s a rewards system at play: “It’s made clear to these people that if they cooperate they will be accepted quicker.” The interpreter came to Germany more than 20 years ago and has assisted many asylum seekers over the years. He fears giving his name would put his work and himself at risk. He says sometimes strange people come to hearings at the Federal Office for Migration and Refugees calling themselves interns. “The intern doesn’t come to simply any hearing, but rather just when he thinks someone knows something.” Then the refugee is asked about Islamist groups in great detail. Many refugees come from regions where the U.S. has dropped bombs using unmanned predator drones. Drones are a weapon against which you can’t protect yourself, says the interpreter. “People live in fear.”
Victor Pfaff, a lawyer from Frankfurt, witnessed in the 1970s how asylum seekers had to move through three rooms during an application procedure. One room where the German officials sat, one where representatives from the U.S. intelligence agencies awaited them. The sign read “Liaison Officer “. It was only later that Pfaff learned of the HBW. He considers the agency to be legitimate and thinks it’s in Germany’s interest to make sure no one who poses a security risk should be allowed to remain in the country. That’s one possible outcome of the HBW surveys. But when it comes to cooperation with foreign intelligence agencies, “it could be problematic,” Pfaff says.
The 1980s it came out that the information Turkish refugees had given the HBW/BND somehow landed at the Turkish intelligence agency. A BND officer at the time testified that it be “grave misconduct” if the authorities had been responsible for such a huge slip-up. But the agencies do work together with Turkish intelligence agencies on projects including those in the area of anti-terrorism.
The methods, explanation and assertions from that case sound oddly similar. Three years ago, an insider published an essay under the pseudonym Jack Dawson in the Journal for Intelligence, Propaganda and Security Studies. He wrote that the HBW was a part of a larger interrogation program in Germany, the United Kingdom and the U.S. called the Tripartite Debriefing Programme. France is said to have taken part earlier in its existence.
British and U.S. intelligence officials celebrated the 50th anniversary of the HBW along with their German counterparts in Berlin in 2008.
After Dawson’s revelations British and American intelligence officers began questioning asylum seekers in Germany sometimes even without their German colleagues. Asked in late October, Dawson said that, to the best of his knowledge, the Tripartite program still runs strong. The goal remains the same: gain intelligence from the refugee questioning sessions.
You could even say: whoever wants German protection isn’t safe from American intelligence agencies.
Confronted with Dawson’s information, the German government seems struck by a telling silence. In stilted language, officials refer to rules of confidentiality. “An in-depth answer to the question would reveal details about methods, jeopardizing the future ability and performance of the HBW and BND.” Questions put to U.S. officials about HBW still remains unanswered.
It’s not very easy to pay a visit the HBW headquarters at 150 Hohenzollerndamm in Berlin’s Wilmersdorf district. Surely, that’s by design. In front of the building lies a well-maintained yard. The HBW offices are housed on the fourth floor, where officers can look down from a bay window. But getting up there isn’t simple. There are no stairs that lead to the HBW offices—only an elevator, which requires a key.
There are other HBW offices in Nuremberg, Maiz and Hanover and six refugee reception centers. The German government won’t say anything on the topic. It merely confirms that there is a duty station at the border transit camp in Friedland, in central Germany. In total, just 40 people work at the HBW.
Meanwhile the interviewers have switched their focus towards Afghanistan, Somalia, Iraq and Syria. At the end of 2012, in response to questions posed by the Green Party, the German government said that since 2000, some 500 to 1,000 “briefings” with refugees and emigrants were conducted, each applicant enduring two to five question sessions each.
But not every asylum seeker is telling the truth. In 1999, the Iraqi Rafed Ahmed Alwan came to the refugee reception center in Zirndorf, near Nuremberg and was questioned there. He provided the BND with information about purported biochemical weapon laboratories in Iraq, which was forwarded to American officials. The C.I.A. gave him the codename Curveball. His statements were later used by the U.S. government to justify the invasion into Iraq.
But the alleged facts were wrong. There were no labs. Alwan, AKA Curveball, got a Germany passport and a contract at some sham offices at, of all places, the BND.
Coincidentally, the BND currently seeks “freelancers” who speak Somali. Applicants are asked to discreetly submit their letters of interest.
November 20, 2013 02:54 pm CET
By Christian Fuchs, John Goetz, Hans Leyendecker, Klaus Ott, Niklas Schenck, Tanjev Schultz
Find this story at 20 November 2013
© Süddeutsche Zeitung Digitale Medien GmbH / Süddeutsche Zeitung GmbH
Ahmed was in Irak advocaat van iemand uit de `inner cicle’ van Saddam Hoessein. De CIA en de BVD waren zeer geïnteresseerd in zijn ervaringen en spraken hem meerdere malen na zijn aankomst in 1999 in Nederland. Ahmed vertelt: `”Natuurlijk”, zei meneer Bert van de BVD, “krijg je een verblijfsvergunning voor bewezen diensten.”‘ Eerst moest Ahmed echter alles wat hij wist netjes aan de geheime dienst vertellen. Zijn advocaat, mr. Schoorl uit Alkmaar, moest hem duidelijk maken dat de bvdgeen verblijfsvergunningen verstrekt.
Dit boek is een vervolg op De vluchteling achtervolgd, het in 1990 door Buro Jansen & Janssen uitgevoerde onderzoek naar de bemoeienissen van de BVD met vluchtelingen en asielzoekers. De belangrijkste conclusie van dat onderzoek was toen dat het voor de betrokken asielzoekers en vluchtelingen vaak erg onduidelijk en verwarrend was dat de bvdook via de politie opereert. Het onderscheid tussen de vreemdelingendienst van de politie (destijds verantwoordelijk voor procedures rond verblijfsvergunningen) en de inlichtingendienst (die mensen werft als informant) was niet altijd duidelijk. Omdat die twee functies in de praktijk vaak ook nog werden gecombineerd door een en dezelfde persoon, was het voor nieuwkomers extra moeilijk om erachter te komen waar ze aan toe waren.
Voor de betrokken asielzoeker betekende dit systeem van `dubbele petten’ dat er weinig overeind bleef van het officiële recht om medewerking aan het werk van inlichtingendiensten te weigeren. Helemaal omdat, zoals uit dat onderzoek bleek, middelen als intimidatie, bedreiging en misleiding (`Als je niet meewerkt, waarom zouden we je dan een asielstatus verstrekken?’) niet werden geschuwd.
De vluchteling achtervolgd deed bij verschijning in 1991 behoorlijk wat stof opwaaien. Er was veel media-aandacht voor het onderzoek en het leidde tot Kamervragen. Het boekje zorgde voor verspreiding van kennis over de risico’s van samenwerking met inlichtingendiensten.
Nieuw onderzoek
Tien jaar later is er veel veranderd, maar de pogingen om asielzoekers en migranten te werven als informant gaan door. De politieke verhoudingen in de wereld hebben zich gewijzigd: het zijn nu andere landen waar vluchtelingen vandaan komen, en ze komen deels om andere redenen. Tegelijkertijd staan terrorisme en mensensmokkel hoog op de politieke agenda. De asielprocedures zijn aangescherpt en het is nu niet langer de Vreemdelingendienst maar de Immigratie- en Naturalisatiedienst IND, van het ministerie van Justitie) die verantwoordelijk is voor de toelatingsprocedure. De IND heeft haar eigen Bureau Bijzondere Zaken voor onderzoek naar asielzoekers die van een misdrijf worden verdacht, en om de inlichtingendiensten van interessante informatie te kunnen voorzien.
In dezelfde periode is het werk van inlichtingendiensten en het opsporingsonderzoek van politie en justitie naar elkaar toe geschoven, deels overlapt het elkaar zelfs. Dit levert onduidelijke situaties op waar ook asielzoekers en migranten mee te maken kunnen krijgen. Zo let de AIVD niet langer alleen op de politieke achtergrond van asielzoekers en migranten (een inlichtingentaak), de dienst doet ook onderzoek naar mensensmokkel en georganiseerde misdaad (meer opsporingswerk). Dit alles in nauwe samenwerking met gespecialiseerde politiediensten binnen heel Europa.
De afgelopen jaren zijn de procedures voor een verblijfsvergunning in Nederland strenger geworden, en de mogelijkheden er een te krijgen kleiner. Voor asielzoekers, die toch al in een kwetsbare positie verkeren, werd de afhankelijkheid van Nederlandse instanties daardoor versterkt. Tegen deze achtergrond waren wij benieuwd hoe het nu toegaat bij het benaderen van asielzoekers.
Openlijke controle
Dit hernieuwd onderzoek naar de bemoeienissen van inlichtingendiensten met asielzoekers en migranten vond plaats vanuit de doelstelling die Buro Jansen & Janssen al jarenlang nastreeft: meer openheid over en controle op politie, justitie en inlichtingendiensten. Zonder publicatie van praktijken die anders geheim zouden blijven, is geen openbare controle mogelijk.
Daarnaast streven we naar de versterking van de positie van asielzoekers, die zich tijdens de procedure voor een verblijfsvergunning in een onzekere positie bevinden. Voor hen moet duidelijk zijn wanneer ze met de IND te maken hebben inzake hun eigen asielverzoek, en wanneer het belang van inlichtingendiensten vooropstaat. Met deze publicatie in de hand kunnen advocaten, vluchtelingenorganisaties en andere belangenbehartigers een asielzoeker die benaderd is beter bijstaan of, zo mogelijk, voorkomen dat het zover komt.
Dit boek Misleidende Methode begint met enige achtergrondinformatie over de positie van asielzoekers in Nederland en de procedures waarmee ze te maken krijgen. Hoofdstuk 2 gaat over de Immigratie- en Naturalisatiedienst. De IND speelt een centrale rol in de asielprocedure en het horen van asielzoekers. Wat gebeurt er met de informatie uit de vertrouwelijke gehoren van asielzoekers? Welk onderzoek doet de IND zelf? En wat is hierbij de rol van het Bureau Bijzondere Zaken van de IND? Voor welke asielzoekers bestaat bijzondere belangstelling?
Centraal in hoofdstuk 3 staat de BVD(tegenwoordig AIVD)en de manier waarop deze dienst informatie verzamelt onder vluchtelingen. Wie benadert de BVD, en waarom juist deze mensen? Op welke manier gebeurt dat, en zijn degenen die benaderd worden om informatie te leveren gezien hun (kwetsbare) positie in staat om medewerking te weigeren? Is het voor hen mogelijk een inschatting te maken van de gevolgen van het praten met de BVD?
In hoofdstuk 4 onderzoeken we de samenwerking tussen de verschillende diensten die zich bezighouden met het verzamelen van informatie over asielzoekers en migranten. De IND, haar afdeling Bureau Bijzondere Zaken, de BVD, de Vreemdelingendienst en buitenlandse inlichtingendiensten azen allemaal op bepaalde informatie. Hoe werken zij samen? In hoeverre hebben zij toegang tot elkaars informatie, en is er overleg? Is deze samenwerking inzichtelijk en controleerbaar, of kunnen asielzoekers en migranten alleen maar hopen dat informatie over hen niet bij de inlichtingendienst van hun land van herkomst terechtkomt?
In de conclusies komen de lijnen uit de voorgaande hoofdstukken samen en kijken we naar de ontwikkelingen op dit gebied die plaatsvonden in de onderzoeksperiode, van de publicatie van De vluchteling achtervolgd (begin jaren negentig) tot in het begin van de nieuwe eeuw. Wat is er in die tijd veranderd? En waar gaat het naartoe?
Verantwoording
Tot slot een verantwoording over de gebezigde onderzoeksmethoden en bronnen. We hebben gebruikgemaakt van informatie die openbaar was en informatie die we met een beroep op de Wet Openbaarheid van Bestuur openbaar hebben gemaakt (zie literatuurlijst).
Daarnaast hebben we voor dit onderzoek honderden telefoontjes gepleegd: met asielzoekers, vluchtelingen en migranten, met advocaten, vluchtelingen- en migrantenorganisaties, met deskundigen van universiteiten en met journalisten. In enkele tientallen gevallen leidde dit tot gesprekken met de asielzoeker en/of migrant zelf of zijn belangenbehartiger. Sommigen van hen zijn met naam en toenaam terug te vinden in de voorbeelden die dit boek illustreren, anderen bleven om begrijpelijke redenen liever anoniem.
Het was niet makkelijk om met asielzoekers te spreken over hun ervaringen met inlichtingendiensten. Sommigen waren bang dat dit gevolgen voor hun procedure voor verblijfsrecht in Nederland zou hebben. Anderen waren bang voor repercussies uit de eigen gemeenschap als ze te boek kwamen staan als iemand die contacten met inlichtingendiensten had gehad. Vaak wilden mensen maar liever niet herinnerd worden aan die gesprekken.
We hebben ook veel migrantenorganisaties aangeschreven en gesproken. Politieke organisaties van bijvoorbeeld Turkse, Koerdische of Iraanse migranten hadden wel ervaringen met informanten, maar verkozen om daarmee niet in de openbaarheid te treden. Anders dan tien jaar geleden hadden ze er nu ieder hun eigen reden voor om de zaken in eigen kring af te handelen.
Degenen die wel met ons spraken, deden dat omdat ze het belangrijk vonden hun teleurstelling en frustratie over de werkwijze van inlichtingendiensten met andere vluchtelingen(organisaties) te delen. Sommige verhalen mochten we slechts als achtergrondinformatie gebruiken, andere konden wemet of zonder de naam van degene die het betrof publiceren. Instemming van de betrokkenen stond voor ons voorop bij het maken van dit boek.
Een van onze informatiebronnen vraagt om wat nadere toelichting, en dat is Hilbrand Nawijn. Het is van belang te weten dat wij voor dit onderzoek met hem spraken in augustus 2001. Hij was toen vreemdelingenadvocaat; daarvoor was hij jarenlang directeur van de IND. Na het gesprek is hij een paar maanden minister van Vreemdelingenzaken en Integratie geweest voor de Lijst Pim Fortuyn, de [kk]lpf[kx]. Nawijn gaf ons achtergrondinformatie over het functioneren van Bureau Bijzondere Zaken van de IND.
Opvallend is dat we vooral met mannen gesproken hebben. Onduidelijk is of de inlichtingendiensten vooral mannen benaderen, bijvoorbeeld omdat die vaker `interessante’ functies in het leger hebben, en wij dus bij navraag naar deze gesprekken automatisch bij mannen terechtkwamen. Het kan ook zijn dat vrouwen die benaderd zijn hierover geen contact hebben gezocht met bijvoorbeeld hun advocaat, waardoor hun verhaal onbekend bleef.
Hoofdstuk 1
De procedure
Hoofdstuk 2
Het hemd van het lijf gevraagd: de IND op het inlichtingenpad
Hoofdstuk 3
Asielzoekers bespied
Hoofdstuk 4
Samen weten we nog net iets meer
Conclusie
Nawoord
Tips
Find misleidende methode
Find vluchteling achtervolgd
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