On October the 26th the United Families and Friends Campaign (UFFC), a national coalition of families and friends of those that have died in the custody of police and prison officers as well as those who are killed in immigration detention and secure psychiatric hospitals in the United Kingdom, will hold it’s 21st annual remembrance procession which assembles at 12Noon at Trafalgar Square for a silent procession along Whitehall followed by a noisy protest at Downing Street. (1)
Having been established in 1999, the continued existence of the procession is indicative of the fact that the issue of deaths in custody shows no indication of going away anytime soon. In fact, in recent months, two cases have played out to what many would call predictable conclusions at inquest hearings.
First, we return to the case of Edir ‘Edson’ Da Costa. (2) In June of this year, a majority ruling of 9:2 by the inquest jury decided that Bro. Edson died by ‘misadventure’ following restraint by police when the car he was travelling in was stopped. He died on June 21 2017, after spending six days in intensive care as a result of the stop. His death kicked a six-month period where five Afrikan men died at the hands of the police following restraint. The inquest heard that he had put 88 wraps of drugs in his mouth. (3) That same year Independent Office for Police Conduct (IOPC) annual statistics showed that deaths in or following police custody hit a 10-year-high. (4)
The Da Costa case was fraught with controversy from the outset. Months before the inquest had even started, due to the actions of the IOPC, the body that replaced the widely discredited Independent Police Complaints Commission (IPCC). (5) They ostensibly continued along the well established path of ignominy by declaring that, following their investigation in which the officers concerned refused to answer any questions, that the force used by them was “proportionate,” even though they resulted in a death. The release of the IOPC findings in October 2018 was regarded at the time as “misguided” and potentially prejudicial. (6)
As it turned out, that could even have been considered an understatement. There was surprise at the swearing-in when the coroner asked each juror to declare whether they or any family members had been “involved in any campaign groups such as Black Lives Matter”. Observers believed this was the first time such a question had been asked. (7)
Similar the manufacture of Mark Duggan’s extensive (and ficticious) criminal enterprise (8), the police tried to link Edson to a drug gang called the ‘Portuguese Mafia,’ even though the coroner dismissed these claims as “untested.” (9) Conversely, in spite of the fact that police struck Edson several times during the restraint, sprayed CS gas into his face at close proximity when the police guidance suggests a one metre limit, failing to establish a safety officer to take control of the arrest, failing to provide first aid quickly enough and giving the paramedics the wrong address, thus delaying their arrival on the scene (10), the Senior coroner, Nadia Persaud, directed the jury: “Taking into account all of the evidence, there is no legal or factual basis for reaching a factual conclusion which is critical of the police.” (11)
So, the encroachment of the state and it’s agencies (including the ‘independent’ ones) on judicial proceedings have moved a stage further. The application of the ‘Galbraith Plus’ test, effectively ruled out the option of unlawful killing for inquest juries. (12) In all but exceptionally rare instances (on example being the Kingsley Burrell case) police escape serious disciplinary sanction. (13) Now inquest juries are even being prevented from criticising the police. Any notion of criminal proceedings initiated by the Crown Prosecution Service have effectively been rendered impossible for decades.
So it was not surprise that at the inquest of Oxford University law student Bro. Nuno Cardoso who died following police restraint in November 2017, the jury accepted wholesale the police account of events with an “uncritical narrative conclusion” despite the troubling evidence heard during the hearing. (14)
Nuno’s mother Doroteia dos Santos’ response to the verdict is worth quoting at length in that it highlights many of the disturbing elements that the jury somehow managed to overlook:
“My family and Nuno’s friends have had to endure over a year and a half of waiting since Nuno’s death and six days of evidence in the coroner’s court to find out the truth about how he died. We are extremely disappointed by the jury’s conclusion, which we cannot reconcile with the evidence we heard…
Each of the four police officers involved accepted in evidence that they knew of the guidance which said, if someone was believed or suspected to have swallowed or be packing drugs, that they should treat the situation as a medical emergency. Officers also accepted that they had a duty of care to my son.
We have also had to listen to evidence that Nuno was struck with a baton and fist strikes when he was already restrained on the floor by the four officers. We have maintained our dignity in the face of those officers saying that these were reasonable uses of force. The press requested footage of the incident, including the footage that showed the force used by the officers, but to my disappointment the coroner decided not to give access to the press of this section of the footage and furthermore to pixelate the faces of the officers. If the officers truly did no wrong by the force they used, I see no good reason why this part of the footage should be kept from the public.
Yet Nuno never opened his mouth to show the officers whether he had anything inside and he was not taken to the hospital, despite it only being five or six minutes away. Instead, officers set off for Abingdon Police Station, around 20 minutes away, and Nuno collapsed in the back of the van. My belief is that those officers did not care for my son. Nuno should have been afforded respect and dignity. I do not think he got that on 24 November 2017.” (15)
Ruth Mellor of Saunders Law, who is representing the family, said:
“The evidence heard over the course of this inquest has reinforced concerns about the police response to people in their care, as well as the action that they take when things go wrong. The jury saw footage of officers asking Nuno what he had in his mouth, discussing whether he had anything in his mouth, and telling him that they would have to take him to hospital if he did not open his mouth. Despite this, Nuno was not taken to the hospital that was only five or six minutes away.
It is hugely concerning that officers who gave live evidence in this inquest said that they thought at some point that Nuno was faking – whether that was pretending to have something in his mouth or pretending to become unwell. The risks associated with swallowing or packing drugs are high, and if police officers do not take these situations seriously then families will continue to lose loved ones while they are in the custody of the police.
Before they wrote their initial accounts, the four key officers were told by their sergeant that they could talk amongst themselves, with no guidance as to what they could and could not talk about. Poor post incident management such as this makes it especially difficult for families to have faith in IOPC and Coronial investigations.” (16)
Twenty years on from the founding of United Families and Friends Campaign, one could be forgiven for thinking that the prospect of justice for deaths in custody seems further away now than it was then, perhaps directly as a result of the the campaigns that have been waged, some of which, like the Sean Rigg case, resulted in some important legal landmarks. (17)
One of the challenges families face is sustaining a campaign against the bottomless resources of the state. This is something highlighted in the government commissioned Angiolini report published (after a lengthy delay) in January 2017. (18) The government has since rejected calls to provide automatic legal aid funding at inquests where deaths involved state agencies and has been called “a huge injustice right at the very heart of our justice system”. (19)
One community initiative to address this is the National Family Memorial Fund, established in remembrance of Mikey Powell (who died in police custody 7th September 2003) and also acknowledges the work and campaigning of the late Pauline Campbell. The fund will be administered centrally by 4WardEverUK, with assessment partners located around the UK via campaigns and organisations such as UFFC, Migrant Media, INQUEST, the Northern Police Monitoring Project, Red Alert HELP! and others.
Tippa Naphtali, Mikey Powell’s cousin and founder of 4WardEverUK (https://4wardeveruk.org/) said:
“This fund will make a real difference for families and their campaign groups that need financial support during the often long and drawn out struggles for justice that can last for decades.
The needs of affected families and children often get lost in the equally important work of campaigning and lobbying of state institutions. We want to change that with a permanent national fund set up specifically for their needs.” (https://www.memorialfamilyfund.org.uk/donations)
(1) United Families & Friends (01/10/19) Announcement of the UFFC Annual Rally & Procession 2019. https://uffcampaign.org/2019/10/01/announcement-of-the-uffc-annual-rally-procession-2019/
(2) Alkebu-Lan Revivalist Movement (29/04/19) Afrika Speaks with Alkebu-Lan on Galaxy Radio 29/04/19 – Deaths in custody Part 12 – Is there any point in protesting? https://www.alkebulan.org/2019/04/29/afrika-speaks-with-alkebu-lan-on-galaxy-radio-290419-deaths-in-custody-part-12-is-there-any-point-in-protesting/
(3) INQUEST (06/06/19) Jury concludes death of Edson Da Costa following restraint by Metropolitan Police was misadventure. https://www.inquest.org.uk/edir-da-costa-inquest-concludes
(4) Lizzie Dearden (30/10/18) Edson Da Costa: Force used against young black father who died after police restraint was ‘proportionate’, watchdog finds https://www.independent.co.uk/news/uk/crime/edson-da-costa-death-police-restraint-beckton-london-iopc-inquiry-report-proportionate-a8608526.html
(5) Ken Fero (24/10/12) Film: Who Polices the Police? https://www.redpepper.org.uk/film-who-polices-the-police/
(6) Dearden (30/10/18) Op. Cit.
(7) Damien Gayle (08/05/19) Edir da Costa inquest: police claim link to east London drug gang. https://www.theguardian.com/uk-news/2019/may/08/edir-da-costa-inquest-police-claim-link-to-east-london-drug-gang
(8) BBC News (23/09/13) Mark Duggan ‘among Europe’s most violent criminals’, inquest told. https://www.bbc.co.uk/news/uk-england-london-24210480
(9) Sadie Robinson (14/05/19) Edson Da Costa was ‘choking’ as he was held by five cops. https://socialistworker.co.uk/art/48353/Edson+Da+Costa+was+choking+as+he+was+held+by+five+cops
(10) Damien Gayle (28/05/19) Police used excessive force in arrest of Edir da Costa, inquest told: Expert witness says officers were too slow to give the 25-year-old first aid. https://www.theguardian.com/uk-news/2019/may/28/police-used-excessive-force-in-arrest-of-edir-da-costa-inquest-told
(11) Jon King (05/06/19) Edson Da Costa inquest: Jury told not to criticise police over young father’s death. https://www.newhamrecorder.co.uk/news/crime-court/jury-sent-out-in-edson-da-costa-inquest-1-6089439
(12) Daniel Machover (24/08/18) Response to question at the event, Never Forgotten: 10 Years on, Sean Rigg’s memory lives on. https://www.ovalhouse.com/whatson/detail/never-forgotten
(13) INQUEST (19/12/18) Gross misconduct charges proven against one West Midlands Police officer following 2011 restraint death of Kingsley Burrell. https://www.inquest.org.uk/gross-misconduct-proven-burrell
(14) INQUEST (18/07/19) Family express concern as inquest concludes into death of Nuno Cardoso following arrest by Thames Valley Police. https://www.inquest.org.uk/nuno-cardoso-closes
(15) Ibid.
(16) Ibid.
(17) INQUEST (08/11/16) Police sergeant found ‘not guilty’ of perjury following the death of Sean Rigg in 2008. https://www.inquest.org.uk/sean-rigg-police-sergeant-verdict
(18) Rt. Hon. Dame Elish Angiolini DBE QC (2017) Report of the Independent Review of Deaths and SeriousIncidents in Police Custody. p. 213-217. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/655401/Report_of_Angiolini_Review_ISBN_Accessible.pdf
(19) May Bulman (10/04/19) Families of people who die in prison custody face ‘uneven playing field’ in inquests, figures suggest. https://www.independent.co.uk/news/uk/home-news/prison-custody-death-inquest-legal-aid-family-moj-a8863526.html
we ask the question:
Deaths in custody Part 13 – Is justice further away now than 20 years ago?
1) Will you be attending the UFFC procession on October 26th?
2) Has the IOPC so far proven to be an improvement on the IPCC?
3) Do the Da Costa and Ca
On October the 26th the United Families and Friends Campaign (UFFC), a national coalition of families and friends of those that have died in the custody of police and prison officers as well as those who are killed in immigration detention and secure psychiatric hospitals in the United Kingdom, will hold its 21st annual remembrance procession which assembles at 12Noon at Trafalgar Square for a silent procession along Whitehall followed by a noisy protest at Downing Street. (1)
Having been established in 1999, the continued existence of the procession is indicative of the fact that the issue of deaths in custody shows no indication of going away anytime soon. In fact, in recent months, two cases have played out to what many would call predictable conclusions at inquest hearings.
First, we return to the case of Edir ‘Edson’ Da Costa. (2) In June of this year, a majority ruling of 9:2 by the inquest jury decided that Bro. Edson died by ‘misadventure’ following restraint by police when the car he was travelling in was stopped. He died on June 21 2017, after spending six days in intensive care as a result of the stop. His death kicked a six-month period where five Afrikan men died at the hands of the police following restraint. The inquest heard that he had put 88 wraps of drugs in his mouth. (3) That same year Independent Office for Police Conduct (IOPC) annual statistics showed that deaths in or following police custody hit a 10-year-high. (4)
The Da Costa case was fraught with controversy from the outset. Months before the inquest had even started, due to the actions of the IOPC, the body that replaced the widely discredited Independent Police Complaints Commission (IPCC). (5) They ostensibly continued along the well-established path of ignominy by declaring that, following their investigation in which the officers concerned refused to answer any questions, that the force used by them was “proportionate,” even though they resulted in a death. The release of the IOPC findings in October 2018 was regarded at the time as “misguided” and potentially prejudicial. (6)
As it turned out, that could even have been considered an understatement. There was surprise at the swearing-in when the coroner asked each juror to declare whether they or any family members had been “involved in any campaign groups such as Black Lives Matter”. Observers believed this was the first time such a question had been asked. (7)
Similar to the manufacture of Mark Duggan’s extensive (and fictitious) criminal enterprise (8), the police tried to link Edson to a drug gang called the ‘Portuguese Mafia,’ even though the coroner dismissed these claims as “untested.” (9) Conversely, in spite of the fact that police struck Edson several times during the restraint, sprayed CS gas into his face at close proximity when the police guidance suggests a one metre limit, failing to establish a safety officer to take control of the arrest, failing to provide first aid quickly enough and giving the paramedics the wrong address, thus delaying their arrival on the scene (10), the Senior coroner, Nadia Persaud, directed the jury: “Taking into account all of the evidence, there is no legal or factual basis for reaching a factual conclusion which is critical of the police.” (11)
So, it was no surprise that at the inquest of Oxford University law student Bro. Nuno Cardoso who died following police restraint in November 2017, the jury accepted wholesale the police account of events with an “uncritical narrative conclusion” despite the troubling evidence heard during the hearing. (14)
Nuno’s mother Doroteia dos Santos’ response to the verdict is worth quoting at length in that it highlights many of the disturbing elements that the jury somehow managed to overlook:
“My family and Nuno’s friends have had to endure over a year and a half of waiting since Nuno’s death and six days of evidence in the coroner’s court to find out the truth about how he died. We are extremely disappointed by the jury’s conclusion, which we cannot reconcile with the evidence we heard…
Each of the four police officers involved accepted in evidence that they knew of the guidance which said, if someone was believed or suspected to have swallowed or be packing drugs, that they should treat the situation as a medical emergency. Officers also accepted that they had a duty of care to my son.
We have also had to listen to evidence that Nuno was struck with a baton and fist strikes when he was already restrained on the floor by the four officers. We have maintained our dignity in the face of those officers saying that these were reasonable uses of force. The press requested footage of the incident, including the footage that showed the force used by the officers, but to my disappointment the coroner decided not to give access to the press of this section of the footage and furthermore to pixelate the faces of the officers. If the officers truly did no wrong by the force they used, I see no good reason why this part of the footage should be kept from the public.
Yet Nuno never opened his mouth to show the officers whether he had anything inside and he was not taken to the hospital, despite it only being five or six minutes away. Instead, officers set off for Abingdon Police Station, around 20 minutes away, and Nuno collapsed in the back of the van. My belief is that those officers did not care for my son. Nuno should have been afforded respect and dignity. I do not think he got that on 24 November 2017.” (15)
Ruth Mellor of Saunders Law, who is representing the family, said:
“The evidence heard over the course of this inquest has reinforced concerns about the police response to people in their care, as well as the action that they take when things go wrong. The jury saw footage of officers asking Nuno what he had in his mouth, discussing whether he had anything in his mouth, and telling him that they would have to take him to hospital if he did not open his mouth. Despite this, Nuno was not taken to the hospital that was only five or six minutes away.
It is hugely concerning that officers who gave live evidence in this inquest said that they thought at some point that Nuno was faking – whether that was pretending to have something in his mouth or pretending to become unwell. The risks associated with swallowing or packing drugs are high, and if police officers do not take these situations seriously then families will continue to lose loved ones while they are in the custody of the police.
Before they wrote their initial accounts, the four key officers were told by their sergeant that they could talk amongst themselves, with no guidance as to what they could and could not talk about. Poor post incident management such as this makes it especially difficult for families to have faith in IOPC and Coronial investigations.” (16)
Twenty years on from the founding of United Families and Friends Campaign, one could be forgiven for thinking that the prospect of justice for deaths in custody seems further away now than it was then, perhaps directly as a result of the campaigns that have been waged, some of which, like the Sean Rigg case, resulted in some important legal landmarks. (17)
One of the challenges families face is sustaining a campaign against the bottomless resources of the state. This is something highlighted in the government commissioned Angiolini report published (after a lengthy delay) in January 2017. (18) The government has since rejected calls to provide automatic legal aid funding at inquests where deaths involved state agencies and has been called “a huge injustice right at the very heart of our justice system”. (19)
One community initiative to address this is the National Family Memorial Fund, established in remembrance of Mikey Powell (who died in police custody 7th September 2003) and also acknowledges the work and campaigning of the late Pauline Campbell. The fund will be administered centrally by 4WardEverUK, with assessment partners located around the UK via campaigns and organisations such as UFFC, Migrant Media, INQUEST, the Northern Police Monitoring Project, Red Alert HELP! and others.
Tippa Naphtali, Mikey Powell’s cousin and founder of 4WardEverUK (https://4wardeveruk.org/) said:
“This fund will make a real difference for families and their campaign groups that need financial support during the often long and drawn out struggles for justice that can last for decades.
The needs of affected families and children often get lost in the equally important work of campaigning and lobbying of state institutions. We want to change that with a permanent national fund set up specifically for their needs.” (https://www.memorialfamilyfund.org.uk/donations)
(1) United Families & Friends (01/10/19) Announcement of the UFFC Annual Rally & Procession 2019. https://uffcampaign.org/2019/10/01/announcement-of-the-uffc-annual-rally-procession-2019/
(2) Alkebu-Lan Revivalist Movement (29/04/19) Afrika Speaks with Alkebu-Lan on Galaxy Radio 29/04/19 – Deaths in custody Part 12 – Is there any point in protesting? https://www.alkebulan.org/2019/04/29/afrika-speaks-with-alkebu-lan-on-galaxy-radio-290419-deaths-in-custody-part-12-is-there-any-point-in-protesting/
(3) INQUEST (06/06/19) Jury concludes death of Edson Da Costa following restraint by Metropolitan Police was misadventure. https://www.inquest.org.uk/edir-da-costa-inquest-concludes
(4) Lizzie Dearden (30/10/18) Edson Da Costa: Force used against young black father who died after police restraint was ‘proportionate’, watchdog finds https://www.independent.co.uk/news/uk/crime/edson-da-costa-death-police-restraint-beckton-london-iopc-inquiry-report-proportionate-a8608526.html
(5) Ken Fero (24/10/12) Film: Who Polices the Police? https://www.redpepper.org.uk/film-who-polices-the-police/
(6) Dearden (30/10/18) Op. Cit.
(7) Damien Gayle (08/05/19) Edir da Costa inquest: police claim link to east London drug gang. https://www.theguardian.com/uk-news/2019/may/08/edir-da-costa-inquest-police-claim-link-to-east-london-drug-gang
(8) BBC News (23/09/13) Mark Duggan ‘among Europe’s most violent criminals’, inquest told. https://www.bbc.co.uk/news/uk-england-london-24210480
(9) Sadie Robinson (14/05/19) Edson Da Costa was ‘choking’ as he was held by five cops. https://socialistworker.co.uk/art/48353/Edson+Da+Costa+was+choking+as+he+was+held+by+five+cops
(10) Damien Gayle (28/05/19) Police used excessive force in arrest of Edir da Costa, inquest told: Expert witness says officers were too slow to give the 25-year-old first aid. https://www.theguardian.com/uk-news/2019/may/28/police-used-excessive-force-in-arrest-of-edir-da-costa-inquest-told
(11) Jon King (05/06/19) Edson Da Costa inquest: Jury told not to criticise police over young father’s death. https://www.newhamrecorder.co.uk/news/crime-court/jury-sent-out-in-edson-da-costa-inquest-1-6089439
(12) Daniel Machover (24/08/18) Response to question at the event, Never Forgotten: 10 Years on, Sean Rigg’s memory lives on. https://www.ovalhouse.com/whatson/detail/never-forgotten
(13) INQUEST (19/12/18) Gross misconduct charges proven against one West Midlands Police officer following 2011 restraint death of Kingsley Burrell. https://www.inquest.org.uk/gross-misconduct-proven-burrell
(14) INQUEST (18/07/19) Family express concern as inquest concludes into death of Nuno Cardoso following arrest by Thames Valley Police. https://www.inquest.org.uk/nuno-cardoso-closes
(15) Ibid.
(16) Ibid.
(17) INQUEST (08/11/16) Police sergeant found ‘not guilty’ of perjury following the death of Sean Rigg in 2008. https://www.inquest.org.uk/sean-rigg-police-sergeant-verdict
(18) Rt. Hon. Dame Elish Angiolini DBE QC (2017) Report of the Independent Review of Deaths and SeriousIncidents in Police Custody. p. 213-217. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/655401/Report_of_Angiolini_Review_ISBN_Accessible.pdf
(19) May Bulman (10/04/19) Families of people who die in prison custody face ‘uneven playing field’ in inquests, figures suggest. https://www.independent.co.uk/news/uk/home-news/prison-custody-death-inquest-legal-aid-family-moj-a8863526.html
we ask the question:
Deaths in custody Part 13 – Is justice further away now than 20 years ago?
1) Will you be attending the UFFC procession on October 26th?
2) Has the IOPC so far proven to be an improvement on the IPCC?
3) Do the Da Costa and Cardoso inquest outcomes confirm state impunity in deaths in custody?
4) Have you donated to the National Family Memorial Fund?
5) Should the state provide automatic legal aid in death in custody cases?
Our very special guest:
Bro. Jair Tavares: is the cousin of Edir Franciso Da Costa, who was killed by police in June 2017 and part of the Justice 4 Edson campaign (https://www.facebook.com/Justice-4-Edson-1966921790257599/?ref=page_internal) w:LsdExc
rdoso inquest outcomes confirm state impunity in deaths in custody?
4) Have you donated to the National Family Memorial Fund?
5) Should the state provide automatic legal aid in death in custody cases?
Our very special guest:
Bro. Jair Tavares: is the cousin of Edir Franciso Da Costa, who was killed by police in June 2017 and part of the Justice 4 Edson campaign (https://www.facebook.com/Justice-4-Edson-1966921790257599/?ref=page_internal)