Showing posts with label European Court of Human Rights. Show all posts
Showing posts with label European Court of Human Rights. Show all posts

Tuesday, October 21, 2008

European Court of Human Rights declares application inadmissible

This morning the Dellow Centre handed Declan a letter from the European Court of Human Rights dated 14 October, which states that on 7 October the Court decided to declare the application in the case of Heavey v the United Kingdom “inadmissible” because it did not comply with the requirements set out in Article 34 and 35 of the Convention. “In the light of all the material and its possession, and in so far as the matters complained of were within its competence, the Court found that they did not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols,” it states (the letter is presented below).

The primary material to which the Court refers has been published in the following blogs: application of 8 September 2007 here; first request for priority of 8 September here; second request for priority of 4 July here. The Court first wrote to Declan on 22 November 2007 stating that it was “unnecessary” to consider his request for priority because it would be examining his application “shortly, possibly by the end of January 2008”; seven months later, in a letter dated 16 June (see here), it became “as soon as practicable”. We didn’t in fact expect to hear from the Court until well into the New Year. Anyway, with the likely election within two weeks of Barack Obama as the next President of the United States (he will be lifting the funding restrictions on embryonic stem cell research imposed by President George W Bush), and with the United Nations set to revisit the cloning issue next week (see previous blog), we believe that the momentum is swinging behind Declan's petition to the UN on research cloning of embryos and stem cells and what will be our campaign in support of embryonic stem cell research and therapeutic cloning.

Prior to today we were not in a position to entertain the thought of signing on for benefits because Declan would have had to withdraw his application to the European Court – the Department of Work and Pensions terminated our benefits on 27 September 2006 because Declan did not ‘sign on’ two days before he was due to do so on 29 September. However, even now, signing on for benefits remains a non-option: there is clearly no remedy available to a claimant once the Department of Work and Pensions decides to terminate benefits. So we have no choice but to keep working as hard as we can to raise the £450 we need to buy a laptop for the campaign in support of embryonic stem cell research and therapeutic cloning that will eventually take us off the streets (see blog of 26 August “Fighting for the Right to Clone”).

This is the letter from the Court:


Application no. 22541/07
Heavey v. the United Kingdom

Dear Sir,

I write to inform you that on 7 October 2008 the European Court of Human Rights, sitting as a Committee of three judges (G. Bonello, President, David Thor Björgvinsson and J. Šikuta) pursuant to Article 27 of the Convention, decided under Article 28 of the Convention to declare the above application inadmissible because it did not comply with the requirements set out in Article 34 and 35 of the Convention.

In the light of all the material and its possession, and in so far as the matters complained of were within its competence, the Court found that they did not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.

This decision is final and not subject to any appeal to either the Court, including its Grand Chamber, or any other body. You will therefore appreciate that the Registry will be unable to provide any further details about the Committee’s deliberations or to conduct further correspondence relating to its decision in this case. You will receive no further documents from the Court concerning this case and, in accordance with the Court’s instructions, the file will be destroyed one year after the date of the decision.

The present communication is made pursuant to Rule 53 § 2 of the Rules of Court.

Yours faithfully,
For the Committee

Fatoş Aracı
Deputy Section Registrar

Saturday, September 13, 2008

Letter from the City of London Police

Yesterday Declan received an email letter from Superintendent Lorraine Cussen in reply to his email to her on Thursday (see previous blog) – following my arrest at 12.30am by four City of London police officers for a breach of the peace because I refused to be 'moved on' as result of having nowhere else to sleep. The background is quite simple: on 4 September we returned to the porch we have been sleeping in since 3 November 2006 to find an unlocked trellis gate; and the following night the gate was locked.

As I stated in the blog of 10 September "Human Embryonic Stem Cells Reduce Multiple Sclerosis Symptoms", on Sunday, Monday and Tuesday we slept in an out-of-the-way place; but after some guys decided to hold a fifteen-minute party almost beside us – our road is described on the internet as "a quiet thoroughfare" – we went back to the place we slept in on Friday night. It was also an out-of-the-way place, but that didn't stop me from landing in a police van. (We are now back sleeping in the "quiet thoroughfare".)

This is the second time Cussen has emailed Declan: the first time, on 10 June, was in reply to an email Declan sent on 9 June to City of London Police Commissioner Michael Bowron (see here) complaining that on 2 and 9 June we were threatened by City of London police officers with arrest, under Operation Poncho, if we did not move out of the porch to beyond city boundaries. On the night of my arrest, we were issued two tickets citing Operation Poncho, hence Declan's email to Cussen, the supervisory police officer who is overseeing Operation Poncho within the City of London Police.

Cussen says in her email (presented below) that "this programme is likely to continue for the foreseeable future", which I take to mean that I could be arrested again, unless of course I prefer to walk for the night carrying all my belongings – as I explained to the four officers that arrested me, Declan and I had spent over eight hours looking for an alternative place to bed down. She seems to justify arrest as an enforcement measure to drive rough sleepers off the streets. However, according to the co-author of a report, published last year, which examines the impact of enforcement on ‘street users’ in England, arrests as a tactic is of “questionable legality”, particularly in a place such as London where there is no ‘freely available’ accommodation. Accordingly, I am prepared to have Operation Poncho tested: I don't believe that in a court of law it would stand up to scrutiny under the Human Rights Act 1998. (An article in the April 2007 issue of the Police Review magazine, titled “Rough Sleepers”, points out that "people have the right to sleep in the streets if they want to", and that in this respect police "need to comply with the Human Rights Act 1998".)

This month’s issue of The Pavement, a free magazine for London’s homeless, states that local authorities justify ‘hot washing’ (wetting the streets to discourage rough sleeping) as a deterrent that may encourage rough sleepers to “come inside”. Well, I would say to a judge that Declan and I are working quite hard to “come inside”: by running a petition to the UN on research cloning of embryos and stem cells which has already been signed by 530 scientists and academics, including 24 Nobel laureates; and by seeking to raise £450 so that I can buy a laptop and build within two weeks a 20 or so page website for an international campaign in support of embryonic stem cell research and therapeutic cloning.

I would further explain to a judge that we cannot look for accommodation or be referred to a hostel for homeless people because we would have to 'sign on' for benefits, and consequently Declan would have to withdraw his application to the European Court of Human Rights – the Department of Work and Pensions terminated our benefits on 27 September 2006 because Declan did not ‘sign on’ two days before he was due to do so on 29 September (see blog of 8 September 2007 “Application to the European Court of Human Rights”.) And even if we were offered beds that don’t require benefits, we would still be forced to turn them down given the amount of harassment and intimidation that Declan in particular is normally subjected to by other homeless: see, for example, blog of 18 June “Declan robbed in the Sisters of Mercy Dellow Centre”; or blog of 19 June “Declan assaulted in the Manna Centre”; or blog of 16 May “More racially aggravated harassment in the Dellow Centre”; or blog of 10 April “Washing in the street”. Oh, and on 18 June 2007 we were barred from the Methodist Church Whitechapel Mission by the minister's wife due to concerns about our safety, after I was assaulted in an unprovoked attack by a homeless woman in the canteen (see here).

Comedian Sabina Guzzanti insulted PopeComedian Sabina Guzzanti 'insulted Pope'

Remarkably, my lot is almost a walk in the park if you consider the case of Italian comedienne, Sabrina Guzzanti, who is facing a prison term of up to five years for saying that Pope Benedict XVI would go to Hell and be tormented by homosexual demons (Owen, Times, 12/9). She was addressing a Rome rally in July that was called in part to protest against alleged interference by the Vatican and the Catholic Church in Italian affairs. The joke may have gone done well with her crowd on the Piazza Navona in Rome, the Times says, but not with Italian prosecutors. She is facing prosecution for “offending the honour of the sacred and inviolable person” of Benedict XVI. Prosecution requires authorisation from the Ministry of Justice, for which Giovanni Ferrara, the Rome prosecutor, has applied. The Times: “The incident has strong political overtones as Prime Minister Silvio Berlusconi has been at pains to court the Vatican – and the Catholic vote – since returning to power for the third time in May. Last weekend he accompanied Benedict to Cagliari in Sardinia and attended mass there.”

Meanwhile, Michael Reiss, director of education at the Royal Society, says excluding discussion of creationism and intelligent design from science lessons could put some children off science completely (Randerson, Guardian, 11/9). He said that around one in 10 children comes from a family with creationist beliefs. Reiss, who is an ordained Church of England minister, agreed that creationism and intelligent design are not scientific theories, but he said that did not automatically exclude them from science lessons. "Just because something lacks scientific support doesn't seem to me a sufficient reason to omit it from the science lesson … there is much to be said for allowing students to raise any doubts they have – hardly a revolutionary idea in science teaching – and doing one's best to have a genuine discussion." Well, if there is much to be said for allowing students with creationist beliefs “to raise any doubts they have”, surely the same should be applied to non-religious people. Like Sabrina Guzzanti. Or like us, for that matter.

This is the email Declan received yesterday from Cussen:

Subject: Operation Poncho II

Declan

I am sad to hear that your wife was arrested last night. As you are aware from my previous communication with you, the police are continuing to work in partnership with the City of London Corportion to clean areas of the City and this programme is likely to continue for the foreseeable future.

If you wish to make a complaint about the incident then please click on the following link which will provide you with information on how to proceed http://www.cityoflondon.police.uk/CityPolice/Contact/MakeAComplaint/

Yours sincerely
Lorraine Cussen
Superintendent
City of London Police

And this is the subsequent email Declan sent yesterday to the Registrar of the European Court, Erik Fribergh, with Cussen’s email attached:

Subject: Heavey v. the United Kingdom (Application no. 22541/07)

Dear Mr Fribergh

I refer to my email letter and attachments to you yesterday and attach copy of an email to me of even date from Superintendent Lorraine Cussen of Snow Hill police station establishing the arrest of my wife the night before last (for a breach of the peace because she refused to be 'moved on' as result of having nowhere else to sleep).

Specifically with regard to the reference to Article 34 of the European Convention of Human Rights (Right of individual petition), I again respectfully request that the Court take this matter up with the respondent Government. I further request under Rule 41 of the Rules of Court that the Chamber or its President decide to give priority to my application of 8 September 2007.

Yours sincerely
Declan Heavey

Thursday, September 11, 2008

I am arrested for ‘breach of the peace’

At about 12.30am this morning I was put in the back of a police van (LMO5 HZN). I had been read my rights, searched, and told I was being arrested for breaching the peace because I refused to move out of our sleeping pitch for want of anywhere else to sleep. In a pre-arranged move, Declan made himself untouchable by moving. I, on the other hand, was driven to Snow Hill Police Station, left in the van for some fifteen minutes, and then released because female police officer 827B deemed that I wasn't breaching the peace any more! When I asked to be given something in writing about my arrest, I was told to come back in the morning with my lawyer. So I found myself at 1.00am with an incident number (10411), without a clue where I was, and on my own. I'm sure police officers 827B, 361B and 596B - there was a fourth officer but I didn't get his number - had a great laugh at my expense.

As I explained in yesterday's blog "Human Embryonic Stem Cells Reduce Multiple Sclerosis Symptoms", we had been sleeping in this place since Sunday (last Thursday night we returned to the porch we had been sleeping in since 3 November 2006 to find an unlocked trellis gate installed; the next night the gate was locked). It is really just an open space behind some steps but nonetheless, as soon as we are bedded down last night, a security guard comes out of nowhere and tells us to leave immediately. Shortly after this we hear a police siren, and within a couple of minutes we are surrounded by four City of London police officers. The surroundings are owned by the City of London Corporation (the municipal government for the City of London), they haven't given us permission to sleep there, and if we don't want to be arrested we have to move on, we are told.

So we repeat ourselves again and again: we are dead tired of walking trying to find a place; we are in nobody's way; we get up at 4.30am; we don't want to walk the street all night; and Declan's case regarding the termination of our benefits is before the European Court of Human Rights. None of it cuts any ice, however, and we have to leave we are told because the City of London Corporation doesn't want us there. Moreover, when I am released from the van outside Snow Hill Police Station, I am told the security guard can manhandle me and my belongings, and if corporation property gets damaged in the process I will be charged with criminal damage. It gets better: because Declan was told that I might not be released at all but brought before the court as soon as possible this morning, we didn't agree on an early meet up time when we were split up. So I didn't get any sleep at all and walked the streets until 4.00am. I then went to Liverpool Street train station and waited in our usual spot for Declan to arrive at 6.00am. What a night!

A report published last year examines the impact of enforcement on 'street users' in England. The study was carried out by Sarah Johnsen and Suzanne Fitzpatrick of the University of York and published by the Joseph Rowntree Foundation. Arrests as an enforcement tactic against rough sleepers was not used in any of the case studies areas in London. One reason, Johnsen explains to The Pavement, a free monthly magazine for London's homeless, is because "it would be of questionable legality in a lot of places, as people can only be arrested if they have refused the offer of 'freely available' accommodation. In somewhere like London, you cannot say 'here's a bed space available to you right now' because it just doesn't happen that way. There's a real process people have to go through in order to get into a hostel, red tape that has to be negotiated, hoops they have to jump through … It doesn't happen instantly."

So this afternoon Declan wrote to Superintendent Lorraine Cussen of Snow Hill Police Station, a copy of which he sent to City of London Police Commissioner Michael Bowron and to European Court Registrar Erik Fribergh. This is Declan's cover e-letter to Fribergh pursuant to Article 34 of the European Convention on Human Rights (Article 34 establishes a duty on Convention states not to subject applicants to any improper indirect acts or contacts designed to dissuade or discourage applicants from pursuing a Convention remedy):

Subject: Heavey v. the United Kingdom (Application no. 22541/07)

Dear Mr Fribergh

I refer further to my second request for priority of 4 July 2008 under Rule 41 of the Rules of Court, for consideration as supplementary to my initial application of 8 September 2007. (As the Court has been made aware, my wife and I are of no fixed abode and have been sleeping rough in the City of London since 3 November 2006.)

Please find enclosed a copy of my email letter and attachment of today's date to Superintendent Lorraine Cussen of Snow Hill Police Station following the arrest of my wife last night for a breach of the peace because she refused to be 'moved on' as result of having nowhere else to sleep.

In my email letter of 5 September, I submitted that the attempts by the City of London Police to move my wife and me out from the porch we sleep in at night to beyond the City boundaries constitute a violation of my effective right of application as established under Article 34. I again respectfully request that the Court take this matter up with the respondent Government. I further request that the Chamber or its President decide to give priority to my application of 8 September 2007.

Yours sincerely
Declan Heavey

And this is the email letter to Superintendent Cussen:

Subject: Operation Poncho II

Dear Superintendent Cussen

I refer to the attached copy of your email of reply to me of 10 June, wherein you confirm that you are the supervisory police officer who is overseeing Operation Poncho II within the City of London Police. As you were made aware by my email letter of 9 June to City of London Police Commissioner Mike Bowron, my wife and I are of no fixed abode and have been sleeping rough in the City of London since 3 November 2006. (We slept in the same porch until 4 September 2008 when a trellis gate was installed.)

I wish to confirm that at 12.30am last night my wife was arrested under Operation Poncho II for a breach of the peace by four of your police officers because she refused to be 'moved on' as result of having nowhere else to sleep (incident no. 10411). She was subsequently brought to Snow Hill Police Station in a police van, from which she was released at 1.00am because she "was not breaching the peace anymore". Moreover, when she asked to be issued with written confirmation of her arrest, she was told to come back in the morning with her lawyer.

I reconfirm that my case in respect of the ceasing of entitlement to allowances is before the European Court of Human Rights in Strasbourg, and that I am currently waiting for notification from the Court as to whether my application of 8 September 2007 has been declared inadmissible or the case communicated to the Government. On 4 July, I submitted my second request for priority under Rule 41 of the Rules of Court, stating:


Since 9 May 2008, the applicant and his wife have been visited on a number of occasions by the City of London Police in the middle of the night, to be ordered to immediately move out of the porch they sleep in to beyond city boundaries or be arrested: on 9 and 17 May, they were told by police officers that the City of London was being "cleaned" of rough sleepers (see copy of letter and enclosures to Prime Minister Gordon Brown of 19 May in Supporting Documents, pp 10-15); on 2 and 9 June they were told by police officers that, under the City of London Police's Operation Poncho II, the City of London's cleansing service had to wash and disinfect the porch floor with immediate effect (see copy of email letter and attachments to Commissioner of Police of the Metropolis Sir Ian Blair of 11 June in Supporting Documents, pp 7-9).


In your email of 10 June, you advise me to find accommodation with the help of Broadway, a homeless charity, and that "the cleansing will continue for the foreseeable future". In respect of finding accommodation, I beg to again point out that on 22 November 2006 the Dellow Day Centre recorded on my wife's registration form that St Mungo's, London's largest homelessness organisation, had informed the centre that neither she nor I could be referred to a hostel "due to not being on any benefits". Most recently, on the night of 24 June, we were visited by three street outreach workers from Broadway to be asked if we would go on benefits, which I declined because I would have to withdraw my application to the Court. (As submitted in my initial application to the European Court, the Department for Work and Pensions ceased our allowance entitlement on 27 September 2006 because I did not 'sign on' two days before I was due to do so on 29 September.)

I should perhaps mention here that as soon as my wife and I raise £450 we will buy a laptop to build within two weeks a 20 or so page website for an international campaign in support of embryonic stem cell research and therapeutic cloning. My petition to the United Nations, titled "Consideration at the United Nations of a Declaration on Human Cloning for Therapeutic Reasons", has since 22 October 2007 been signed by 530 distinguished scientists and academics, including 24 Nobel Prize winners.

Kindly note that a copy of this letter and its attachment will be submitted this afternoon to the European Court in further reference to Article 34 of the European Convention on Human Rights. Article 34 establishes a duty on Convention states not to subject applicants to any improper indirect acts or contacts designed to dissuade or discourage applicants from pursuing a Convention remedy.

Please would you acknowledge receipt.

Yours sincerely
Declan Heavey

cc City of London Police Commissioner Michael Bowron

Wednesday, September 10, 2008

Human Embryonic Stem Cells Reduce Multiple Sclerosis Symptoms

Declan and I have been sleeping in the same place since Sunday (on Thursday night we returned to the porch we have been sleeping in since 3 November 2006 to find an unlocked trellis gate; and on Friday night the gate was locked). We are tucked away, about twenty paces from the side entrance of a public building, down some twelve steps. It is actually quite cold and windy so probably not suitable for the winter. There is not a single pub, bar or club in the area; nonetheless, last night at about 11.30pm three or four guys came out of a car, congregated under the roof of the paved enclosure and lifted the place for fifteen minutes; then they left.

They were so out of context we take it as a warning. Declan jokes that perhaps we should make a stand and sleep outside Wood Street police station (the nearest station) – see blog "A trellis gate is installed in the porch" for Declan's latest letter to the Registrar of the European Court of Human Rights citing violation of Article 34 of the European Convention of Human Rights and requesting that the Court take this matter up with the Government (Article 34 establishes a duty on Convention states not to subject applicants to any improper indirect acts or contacts designed to dissuade or discourage applicants from pursuing a Convention remedy).

The majority of emails that I send to scientists and academics inviting them to sign Declan's petition to the UN on research cloning of embryos and stem cells are still going to spam boxes (or to cyberspace, see blog of 4 September "Obama: Yes to stem cells, funding"): yesterday I sent 127 and got three out-of-office-autoreplies; we also only got one signature.

Human embryonic stem cells reduce multiple sclerosis symptomshESCs reduce multiple sclerosis symptoms

Israel's Hadassah University Hospital and Hadasit, the technology transfer company of Hadassah Medical Organisation, announced Monday that scientists at Hadassah University Hospital have discovered a new application for human embryonic stem cells. They have demonstrated for the first time that transplanted neural cells derived from human embryonic stem cells can reduce the clinical symptoms in animals with a form of multiple sclerosis. The findings of the study are published in an article titled "Neuroprotective Effect of Transplanted Human Embryonic Stem Cell-Derived Neural Precursors in an Animal Model of Multiple Sclerosis" in the Scientific Journal of PLoS One (see the article here).

The data presented in the report are the result of a long-term collaboration between Benjamin Reubinoff, director of the Human Embryonic Stem Cell Research Center at Hadassah Hospital (and a signatory of Declan’s petition), and Tamir Ben Hur, director of the Neurological Department at Hadassah Hospital. Michal Aharonowiz and Ofira Einstein both from Hadassah, as well as Hans Lassmann from the University of Vienna also contributed. "Human embryonic stem cell-derived neural precursors were transplanted into the brains of mice with an experimental form of MS. The grafted human cells integrated in the mice brains and migrated towards the sites of inflammation. They suppressed the inflammatory process in the brain, and consequently protected the animals from demyelination and nerve cell extension (axonal) injury, which are the pathological hallmarks of MS," said Reubinoff.

MS is the most common disabling neurological condition affecting young adults. MS is caused by an inflammatory reaction of the patient's own immune system against the myelin sheath that envelops the nerve processes. The destruction of myelin leads to the degeneration and loss of nerve cells and permanent neurological disabilities. MS affects 2.5 million people worldwide.

"We believe that the encouraging therapeutic effects in the rodent model of MS justify moving ahead to clinical studies. We also anticipate that the anti-inflammatory effect demonstrated in the pre-clinical study may be combined in the future with the use of other human embryonic stem cell derived neural cells to repair the myelin in the brain," said Reubinoff.

The website of Hadassah Human Embryonic Stem Cell Research Center states the following in respect of the potential of human embryonic stem cell (hESC) research for transplantation therapy:

Given their unique properties, hESCs are expected to have far-reaching applications in the study of early human development, the development of new drugs, and regenerative medicine. Human ES cell lines can serve as a renewable unlimited donor source of specialized human cells for transplantation therapy.

Human ES cell-derived mature cells could potentially be transplanted to restore tissue function in a wide range of human diseases that are associated with loss of cell function.

These conditions may include neurodegenerative disorders such as Parkinson’s and Alzheimer’s diseases, Multiple Sclerosis, cerebrovascular accidents, spinal cord injuries, as well as heart failure, diabetes mellitus, and others. The number of patients that potentially could benefit from transplantation of hESCs is overwhelming. For example there are over 16 million patients worldwide with neurodegenerative disorders, and over 120 million diabetic patients. Moreover, transplantation of genetically modified hESCs may allow the transfer and expression of foreign genes in target organs in the course of gene therapy.

While the promise of hESCs for cell and gene therapy is remarkable, further extensive research and development are required to exploit their potential for regenerative medicine.

An article dated 2 October 2007 in the Jewish Advocate, titled "Hadassah brings Stem Cell Summit to Boston", quoted Rafi Hofstein, president and CEO of Hadasit, as saying: "It is common knowledge that the medicine of the future will be based on stem cell-derived treatments." In 2000, the Hadassah University Hospital in Israel teamed with Monash University in Australia and the National University of Singapore to become only the second group in the world to develop human embryonic cell lines. "[The Hadassah University Hospital] in Israel is at the forefront of stem cell medical research," Hofstein said. "We believe we are doing the right thing and something of great importance." Research has been slowed, however, due to a lack of funding for U.S. researchers, according to Hofstein. He said Israeli researchers cannot fully collaborate with their American counterparts because the Bush administration has limited the amount of funding available through the National Institute of Health.

The Alliance of Liberals and Democrats for Europe (ALDE) group is the 3rd largest political group in the European Parliament. Speaking before the ALDE Conference "Secularism and Religions in the European Union" in the European Parliament (28-29 August), ALDE Group Leader Graham Watson (UK, LibDem) stressed that the Catholic Church has the right both to spread its word and to lobby governments with its points of view on matters like abortion, euthanasia and stem cell research. But Watson believes that "for policy makers reason has to be the basis. Faith should not underpin policy-making."

Monday, September 08, 2008

Survey: Keep Religion Out of Politics

Declan and I are still looking for a place to sleep (on Thursday night we returned to the porch we have been sleeping in since 3 November 2006 to find an unlocked trellis gate; and on Friday night the gate was locked). Still, a part of me welcomes leaving the porch behind. It shouldn't be difficult: I have been assaulted there three times; and as recently as 2 August I was urinated on. Also, the City of London police have woken us on numerous occasions mainly to put us under pressure to go into a homeless hostel, meaning Declan would have to 'sign on' for benefits, and consequently withdraw his application to the European Court of Human Rights (see blog "A trellis gate is installed in the porch" for Declan's most recent letter to the Registrar of the Court). And when these police visits didn't have the desired effect, a City of London Police 'No sleeping' went up on the back wall of the porch (see blog of 25 June "Police ‘No sleeping’ sign in the porch").

Today, a year ago, Declan submitted his application to the European Court with a request for priority under Rule 41 of the Rules of Court: in a letter of 22 November the Court stated that it was not necessary to consider Declan's first request for priority because it would be examining his application "shortly, possibly by the end of January 2008"; seven months later, in a letter dated 16 June (see here), it is "as soon as practicable" – coincidentally, two days before Declan received this letter from the Catholic Sisters of Mercy Dellow Centre, his main bag, containing all our money and documents, was robbed in the centre (see here). On 4 July, he submitted a second request for priority, drawing to the attention of the Court a violation of Article 34 and requesting that the Court take this matter up with the Government – Article 34 establishes a duty on Convention states not to subject applicants to any improper indirect acts or contacts designed to dissuade or discourage applicants from pursuing a Convention remedy.



On Thursday, LiveScience reported under the headline "Survey: Keep Religion Out of Politics" that, according to a survey by the Pew Research Center, for the first time in more than a decade a majority of Americans think religious organisations should stay out of politics. In addition, an increasing number are uncomfortable when politicians talk about how religious they are. Overall, 52 percent thought that churches and other religious institutions should stay out of politics, an increase of eight percentage points since 2004, when the last US presidential election was held. A huge shift came from voters who described themselves as conservative, with 50 percent saying churches should stay out of politics compared to 30 percent in 2004. Among Republicans, 51 percent held this view, up from 37 percent in August of 2004. And among Democratic voters, the percentage who wanted churches out of politics was almost unchanged since 2004 at 52 percent. Commenting on the results, the Pew Research Center said: "Where there was once a substantial partisan and ideological gap on this question, there is now far less of a divide."

Perhaps there are parallels between this development and the emerging anticorporate attitude among many young activists that prompted journalist Naomi Klein to write the book titled “No Logo”. Klein explains in the introduction to the book that as she was doing some research on university campuses in the mid-90s, she began to notice that many of the students she was meeting were preoccupied with the inroads private corporations were making in their public schools. They were angry that ads were creeping into cafeterias, common rooms, even washrooms; that their schools were diving into exclusive distribution deals with soft-drink companies and computer manufactures, and that academic studies were starting to look more and more like market research. They worried that their education was suffering, as institutional priority shifted to those programs most conducive to private-sector partnership.

“Successful multinational corporations are increasingly finding themselves under attack,” Klein writes. But what are the forces pushing more and more people to become suspicious of or even downright enraged at multinational corporations, the very engines of our global growth? Perhaps more pertinently, what is liberating so many people – particularly young people – to act on their rage and suspicion? Klein provides some answers to these questions. “That corporations have grown so big they have superseded government. That unlike governments, they are accountable only to their shareholders; that we lack the mechanisms to make them answer to a broader public,” she writes.

Consider, for example, British Prime Minister Gordon Brown turning up in the US on a three-day visit from 15 to 18 April, only to be upstaged by Pope Benedict XVI (MacAskill, Guardian, 15/4); or the Pope’s rejection in July of an invitation to address the European parliament, prompting Mary Honeyball MEP, a labour spokesperson in the European Parliament Women's Rights Committee, to write in the Guardian that the pontiff was “effectively holding the EU to ransom” (Honeyball, Guardian, 25/7). As for accountability, there is the US Conference of Catholic Bishops: despite recent statements by Democratic presidential candidate Barack Obama, the National Academies and the International Society for Stem Cell Research emphasising that studies of all types of stem cells should continue in parallel, the Conference of Catholic Bishops’ website continues to display their two recently released print ads describing embryonic stem research as “obsolete” (the ads were distributed at the Democratic Convention in Denver and at the Republican Convention in Minneapolis/St Paul by pro-life groups, according to LifeSiteNews.com).

Friday, September 05, 2008

A trellis gate is installed in the porch

In yesterday’s blog “Obama: Yes to stem cells, funding”, I announced that a spam box seems too good for Declan's email to scientists and academics inviting them to sign his petition to the UN on therapeutic cloning. Now the porch we have been sleeping in since 3 November 2006 seems also too good for us: when we got there last night (a little late because it was Declan’s 48th birthday), we found that a trellis gate had been installed – it was open so we bedded down anyway. This afternoon Declan wrote to the Registrar of the European Court of Human Rights further to his second request for priority of 4 July (the letter is published below).

A trellis gate is installed in the porchA trellis gate is installed in the porch

It is our belief that Declan’s case to the Court is very much going backwards: in a letter of 22 November 2007 the Court stated that it was not necessary to consider Declan’s first request for priority of 8 September 2007 because it would be examining his application, also of 8 September 2007, “shortly, possibly by the end of January 2008”; seven months later, in a letter dated 16 June (see here), it is “as soon as practicable” - coincidentally, two days before Declan received this letter from the Catholic Sisters of Mercy Dellow Centre, his main bag, which contained all our money and documents, was robbed in the centre (see here).

Tonight, being Friday, we expect to find the gate locked and will head for the local train station to sleep for the night; I am very much resigned to being arrested there by the City of London Transport Police. Still, I am certain it will be safer for me in a cell than walking the streets with all my belongings. (I have my blog and the petition saved to two of my USB drives just in case more coincidences show up; they won’t be able to arrest Declan because he says he will leave the station.)

Professor of philosophy AC Grayling, one of Britain's foremost public intellectuals, wrote a piece for The Guardian of 21 August titled “The rise of Miliband brings at last the prospect of an atheist prime minister”, with the subheadline “In this climate of quarrels between religionists and secularists, there are very many reasons to hope for a non-believer at No 10”. He argues that atheist leaders will be sceptical about the claims of religious groups to be more important than other civil society organisations in doing good, getting public funds, meriting special privileges and exemptions from laws, and having seats in the legislature and legal protection from criticism, satire and challenge. “Despite appearances, the world is not seeing a resurgence of religion, only a big turning-up of the volume of religious voices,” Grayling writes. “This is itself a response to increasing secularism among people tired of the disruptions, obstructions and conflicts religion so often causes. Public acknowledgement of atheism by a senior politician who might soon lead his country is just one indicator of the fact that the tide is actually running in the opposite direction: and that is a welcome and hopeful sign.”

Declan’s email letter this afternoon to Registrar Erik Fribergh of the European Court (Erik.Fribergh@echr.coe.int):

Subject: Heavey v. the United Kingdom (Application no. 22541/07)

Dear Mr Fribergh

I refer further to my second request for priority of 4 July 2008 under Rule 41 of the Rules of Court, for consideration as supplementary to my initial application of 8 September 2007. (As explained in previous applications, my wife and I have been sleeping rough in the porch of an office building in the City of London since 3 November 2006, the Department of Work and Pensions having terminated my joint claim for Jobseeker's Allowance on 27 September 2006 because I did not "sign on" two days before I was due to do so on 29 September.) Under "Necessity of Expedition", this request for priority states in part:


The attempts by the City of London Police to move the applicant and his wife from the porch they sleep in at night to beyond the City boundaries, culminating in the current 'No sleeping' sign on the back wall of the porch, constitutes a violation of the applicant's effective right of application as established under Article 34. These violations constitute a grave threat of irreparable and serious harm.


Last night my wife and I returned to the porch to find an unlocked trellis gate. The Court will note from the aforementioned second request for priority that since 9 May 2008 my wife and I have been visited on a number of occasions by the City of London Police in the middle of the night and ordered to immediately move out of the porch to beyond city boundaries or be arrested; on 10 June I received an email from Superintendent Lorraine Cussen, of Snow Hill Police station, advising me to find accommodation with the help of Broadway homeless charity; and on 24 June we arrived back at the porch to find for the first time a City of London Police 'No sleeping' sign on the back wall (as previously stated, that night we were visited at 10.00pm by three workers from Broadway to be asked if we would go on benefits, which I declined because I would have to withdraw my application to the Court).

I submit that this trellis gate was introduced yesterday as no more than an alternative means for the City of London Police to move my wife and I on, and as such is a fabrication: there has never been a complaint against either my wife or I since we started to sleep in this porch almost two years ago; we bed down at 9.00pm, and get up every weekday at 4.30am - on Saturdays and Sundays we get up at 6.30am; neither my wife nor I drink or smoke; my wife cleans the porch floor almost every night; and the office building in question has its own front entrance around the corner. I also wish to emphasise that we have informed the City of London Police on numerous occasions that we have never found a more suitable place to sleep, neither within the City of London nor beyond its boundaries.

The subject matter of this trellis gate being locked when we return to the porch at night is of considerable concern to me because my wife and I will be forced to sleep in the local train station where she will be subject to arrest due to her refusal to put herself at risk of more ill-treatment by moving out onto the street.

Article 34 (formally Article 25) of the European Convention on Human Rights establishes a duty on Convention states not to hinder the effective exercise of the right to apply to the European Court of Human Rights. The Court has frequently emphasised that it is of the utmost importance for the effective operation of the system of individual petition that applicants or potential applicants should be able to communicate freely with the Court. Article 34 states that:


The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.


Under Article 34 applicants must not be subjected to any form of pressure from the authorities to modify or withdraw their complaints. "Pressure" includes direct coercion and flagrant acts of intimidation (of applicants, potential applicants, their families and legal representatives), but also any improper indirect acts or contacts designed to dissuade or discourage applicants from pursuing a Convention remedy. In assessing the degree of interference, the Court will take account of the vulnerability of the complainant and his or her susceptibility to influence exerted by the authorities, including any legitimate fear of reprisals, and in this regard I beg to refer to paragraph 22 of my application of 8 September 2007, wherein it states:


On 22 November 2006, the Dellow Centre recorded on the applicant's wife's registration form that St Mungo's, London's largest homelessness organisation, had informed the centre that neither the applicant nor his wife could be referred to a hostel "due to not being on any benefits".


In the case of Kurt v Turkey (No. 24276/94, 25.5.98, (1999) 26 EHRR 373), the Court found there had been improper pressure in violation of former Article 25, after the applicant alleged that she had been pressurised by the authorities to withdraw her application to the Commission.

I submit that the attempts of the City of London Police to move my wife and I out from the porch we sleep in at night to beyond the City boundaries, culminating in yesterday's installation of a trellis gate, constitute a violation of my effective right of application as established under Article 34, and respectfully request that the Court take this matter up with the respondent Government. I further request that the Chamber or its President decide to give priority to my application of 8 September 2007.

Yours sincerely
Declan Heavey

Friday, August 22, 2008

Scientists grow blood from embryonic stem cells

Declan didn’t stop at all yesterday: he visited the local Bishopsgate police station three times; wrote to The Big Issue head office (The Big Issue is a magazine sold by homeless people on registered street pitches); wrote to the Registrar of the European Court of Human Rights (see below); and, finally, at 10.15pm, he stopped a guy from probably causing us some nasty injury in the porch we have been sleeping since 3 November 2006. This guy clearly had no intention of causing injury to himself, because as he was taking his final running steps – Declan doesn’t know if he intended to come down on us both, or if it was just on me (I sleep on the outside so that Declan can sleep with our well-tied bags on the inside) – he and his two giggling mates ran off when Declan sat up.

The majority of emails I am sending to scientists and academics inviting them to sign Declan’s petition to the UN on therapeutic cloning are still being delivered to spam (see previous blog). On Wednesday I sent a total of 142 emails and only received 19 out-of-office autoreplies: 88 emails to The School of Chemistry at the University of Bristol (13 autoreplies); 37 emails to the Institute for Ageing and Health at Newcastle University (0 autoreplies); and 17 emails to the MRC Centre for Neuromuscular Diseases (6 autoreplies).

Yesterday I went for the US, and since the University of Wisconsin Stem Cell & Regenerative Medicine Center is a host to the 2008 World Stem Cell Summit next month, I didn’t look any further. I sent 55 emails followed by 63 emails to the University of Wisconsin Institute of Aging. Out of the total of 118 emails I received 5 autoreplies (from 20th, 66th, 79th, 86th, and 107th emails). The names and email addresses of 105 scientists from the Department of Molecular & Cell Biology at the University of California, Berkeley have already been added to Declan’s database and they will be sent tomorrow.

Scientists grow blood from embryonic stem cellsScientists grow blood from embryonic stem cells

On Wednesday an article in The Times, titled "Transfusion breakthrough as human blood grown from stem cells", reported that vials of human blood have been grown from embryonic stem cells for the first time during research that promises to provide an almost limitless supply suitable for transfusion into any patient. Stem-cell-derived blood would also eliminate the risk of transmitting the pathogens that cause hepatitis, HIV and Creutzfeldt-Jakob disease (CJD) through transfusions. Scientists behind the advance said that it has huge therapeutic potential and could easily become the first application of embryonic stem-cell research to enter widespread clinical use. Robert Lanza, of Advanced Cell Technology in Massachusetts, who led the experiments (and is an early signatory of Declan’s petition to the UN), said: “Embryonic stem cells represent a new source of cells that can be propagated and expanded indefinitely, providing a potentially inexhaustible source of red blood cells for human therapy. The identification of a stem cell line with O negative blood type would permit the production of compatible ‘universal donor’ blood.” A spokeswoman from the American Red Cross says the breakthrough is "an important step towards the possibility of growing transfusible red blood cells in the laboratory".

The cells were produced from four embryonic lines, one supplied by the government, two made by Advanced Cell, and one from the Harvard Stem Cell Institute in Cambridge, Massachusetts. To create the red blood cells, Lanza and his collaborators at the Mayo Clinic in Rochester, Minnesota, and at the University of Illinois in Chicago exposed cultures of human ESCs to a sequence of nutrients and growth factors. This turned them first into hemangioblasts, which are precursors to blood cells, and then into mature red blood cells. While a few red blood cells have been created from embryonic stem cells before, the team is the first to mass-produce them on the scale required for medical use. They also showed that the red cells were capable of carrying oxygen, and that they responded to biological cues in similar fashion to the real thing. Independent scientists welcomed the work. Alex Medvinsky, a blood stem cell expert at the University of Edinburgh, said: “The problem with relying on donated blood is that there are always shortages. The ability to generate red blood cells in very large numbers would be a very big thing.”

At least 546 elective surgeries in the US were delayed in 2004 because of short blood supplies, reported Bloomberg.com on Tuesday. New York issued an urgent appeal for blood donors in 2006 when supplies fell dangerously low, and last year the American Red Cross issued a similar alert for New Jersey and parts of Pennsylvania. The US Defense Advanced Research Project Agency, the Defense Department's research and development office, is encouraging new ways to generate blood for use on the battlefield. At a workshop last year, defense scientists described their desire to develop an “in-theater culture system” to produce fresh red blood cells to treat injured soldiers. Using embryonic stem cells for this purpose has been hampered by President George W Bush's policy, which restricts government funding for research to designated existing lines of cells, Lanza said. None of the Bush-approved colonies of stem cells are from embryos with O-negative blood, the universal donor blood type, which is ideal for civilian and military applications, he said.

An alternative source of safe, fresh blood would be good news for patients and hospitals, said Louis Katz, past president of America's Blood Centers, a Washington-based group of private collection companies. “A robust supply of red blood cells is a great thing,” Katz told Bloomberg.com in a telephone interview. “I don't care if it comes out of a vat or a donor.” Surely stopping scientists and academics from signing Declan’s petition to the UN can only contribute to the slowing down of progress toward the day when stem cells will lead to cures.

For the record, this is the email letter Declan sent yesterday afternoon to the Registrar of the European Court, Erik Fribergh (the previous email letter of 16 August to Fribergh can be found here):

Subject: Heavey v. the United Kingdom (Application no. 22541/07)

Dear Mr Fribergh

I refer further to my second request for priority of 4 July 2008 under Rule 41 of the Rules of Court, for consideration as supplementary to my initial application of 8 September 2007. Under "Necessity of Expedition", this request for priority states as follows:


An urgent expedition is necessary in this instance because of the violations of the applicant's human rights already existing and are likely to be even greater. The right that has been violated is the right to private and family life as established under Article 8 by the applicant being assaulted in the porch he shares with his wife, having been robbed of all their money and documents, and his concern that his wife may be forced into begging.


In respect of my wife being "forced into begging", please find enclosed copy of my email letter of today's date to The Big Issue Outreach Manager, Mr Paul Joseph.

As explained in previous applications, my wife and I survive on the streets of London by selling The Big Issue, a magazine sold by homeless people on registered street pitches, and I have lodged numerous written complaints with The Big Issue Head Office in respect of my wife and myself being walked off our respective pitch by other street traders, including, inter alia, Big Issue vendors. The Court will note from my email and attachments of 16 August that not only may my wife be forced into begging (a criminal offence in England), but debadged by The Big Issue for so doing.

I can confirm that this afternoon a copy of the attached correspondence was filed as part of a City of London Police Intelligence Report on Big Issue vendor 4012 (on 14 August, Mr Joseph wrote: "This vendor now has an out of date badge, and he will not be issued with another one, therefore technically he is debadged"), who has been consistently harassing my wife since Wednesday of last week as she has been attempting to sell The Big Issue on her pitch.

I respectfully request that the Chamber or its President decide to give priority to my application.

Yours sincerely
Declan Heavey

And this is the attachment, Declan’s letter yesterday morning to the Big Issue outreach manager:

Subject: The Big Issue

Dear Mr Paul Joseph

On 13 August you stated the following regarding Big Issue vendor 4012 and his harassment of my wife on her Big Issue pitch at the George pub on Liverpool Street:


I am sorry to hear about this situation. We have already received a complaint about the same vendor begging. He has a trainee badge but will not be issued a permanent badge or supplied with magazines. I will also endeavour to speak to local police so that if they catch him they can confiscate his badge.


I can confirm that this morning at 8.10am this vendor was questioned by PC 840C of Bishopsgate police station while selling this week's edition of The Big Issue on my wife's pitch (for 45 minutes, before he stepped into my wife's pitch, he had been selling his Big Issues about her as she was attempting to sell hers). PC 840C informed my wife that he could not confiscate the vendor's badge because the Big Issue head office was closed and he had no access to the Intel Report containing a copy of the aforementioned email from you of 13 August.

Please would you acknowledge receipt.

Yours sincerely
Declan Heavey

cc Intel Report

Saturday, August 16, 2008

Letter to the European Court of Human Rights

This afternoon Declan wrote to the Registrar of the European Court of Human Rights following his receipt of an email from The Big Issue Head Office - The Big Issue is a magazine sold by homeless people on registered street pitches - threatening that I will be debadged should I be forced into begging, a criminal offence in England. Of course, I have been forced to beg before (see, for example, blog of 20 January "Begging for over a week"), and it sure looks like that is where I am heading now: since Wednesday, as I have been attempting to sell Big Issues on my pitch, a rough sleeper has been harassing me and selling Big Issues close by (see previous blog for Declan’s formal complaint to The Big Issue). This guy seems so motivated that yesterday Declan went to the police, although he was informed that no crime had been committed.

On my part, I have kept busy emailing scientists and academics inviting them to sign Declan’s petition to the UN supporting therapeutic cloning and the use of stem cells for research and for the treatment of disease. On Wednesday some emails didn’t end up in spam: out of 57 emails, I received 11 out-of-office autoreplies (as I explained in the blog of 2 August "I am urinated on in the porch", the number of out-of-office autoreplies is my best indication as to whether Declan's emails are going to inboxes or spam: two or three autoreplies within a batch of 10 would be a good indicator of the former). Eight autoreplies came within 16 emails and clearly something got through because we got one signature. On Thursday I wasn’t so fortunate: 121 emails and only 11 autoreplies – of course, no one signed. All these emails went to scientists in Newcastle University: 46 to the School of Biology; 43 to the School of Chemical Engineering and Advanced Materials; and 32 to the School of Chemistry – I was going to get names and email addresses in Biomedicine today but computers in our local council's Idea Store Whitechapel library are once again down for the day. Incidentally, we now have 11 signatories from Newcastle University; in total 522 signatories, including 23 Nobel laureates.

University of OxfordUniversity of Oxford

On Friday, I tried my luck with the University of Oxford’s Medical Sciences Division – ranked by The Times third in the world for Biomedicine in 2004, 2005, 2006, and 2007. I sent 87 emails and again only got 11 autoreplies; emails that I sent to the University’s Sir William Dunn School of Pathology yielded no autoreplies at all.

Everything indicates that things in the near future will be as austere as they are now - and we will just have to ride them out. The Guardian carried a report on 13 August on the conflict over South Ossetia titled "Plaything of the gods". Journalist Tim Judah, who covers the Balkans for the Economist and wrote "The Serbs: History, Myth and the Destruction of Yugoslavia, and Kosovo: What Everyone Needs to Know", recounts that in 2002, on a trip to Iraqi Kurdistan, few Kurds he met made any secret of their desire not just to achieve independence from Iraq but also to act as a vanguard that would eventually rally Kurds from Iran, Syria, and Turkey into one large Kurdish state. Musa Ali Bakr, the man who was then in charge of refugees in the Kurdish region of Dahuk, explained that if the Iraqi Kurds moved too quickly their neighbours would strangle them by closing the borders. He then summed up with what for Judah then was the Kurdish dilemma, but he now realises is really the dictum of all successful separatists: "If you are sick, you visit the doctor. He prescribes the medicine. You take a spoonful three times a day and eventually you are better, you are free. However, if you drank the whole bottle all at once, it would kill you."

For the record, this is the email letter Declan sent this afternoon to Registrar Erik Fribergh of the European Court (Erik.Fribergh@echr.coe.int)

Subject: Heavey v. the United Kingdom (Application no. 22541/07)

Dear Mr Fribergh

I refer to my second request for priority of 4 July 2008 under Rule 41 of the Rules of Court, which, under "Necessity of Expedition", states as follows:


An urgent expedition is necessary in this instance because of the violations of the applicant's human rights already existing and are likely to be even greater. The right that has been violated is the right to private and family life as established under Article 8 by the applicant being assaulted in the porch he shares with his wife, having been robbed of all their money and documents, and his concern that his wife may be forced into begging.


In respect of my wife being forced into begging, please find enclosed copy of my email letter and attachment of 15 August to The Big Issue Outreach Manager for London, Mr Paul Joseph.

As explained in previous applications, my wife and I survive on the streets of London by selling The Big Issue, a magazine sold by homeless people on registered street pitches, and I have lodged numerous written complaints with The Big Issue Head Office in respect of my wife and myself being walked off our respective pitch by other street traders, including, inter alia, Big Issue vendors. The Court will note from the attached correspondence that not only may my wife be forced into begging (a criminal offence in England), but she has been threatened by The Big Issue with debadging for so doing.

I can confirm that on 15 August a copy of the attached correspondence was filed as part of a City of London Police intelligence report on Big Issue vendor 4012 (on 14 August, Mr Joseph wrote: "This vendor now has an out of date badge, and he will not be issued with another one, therefore technically he is debadged"), who has been consistently harassing my wife for the past three days as she has been attempting to sell The Big Issue on her pitch.

In the event of error in transmission, please note that the order of attachments is as follows:

Big Issue 15.8.doc 24kb
Big Issue 13.8 & 14.8.doc 31kb

Yours sincerely
Declan Heavey

Saturday, August 02, 2008

I am urinated on in the porch

At 5.10am this morning somebody urinated on me while I slept in my sleeping bag in the porch we have been sleeping in since 3 November 2006 – a first (we wake up at 4.30am M-F, and 6.30am on weekends). Based on the evidence, this is what Declan thinks: this guy began urinating on the wall a couple of feet from us, then moved and proceeded to urinate on me, before running off as Declan sat up (I sleep on the outside, and Declan on the inside with our well-tied bags). The urine came at me with such force I actually woke up convinced somebody was emptying the contents of a glass of beer over my head; still, none of it touched my face as I was sleeping on my side with my back to the street and was wearing a cap and an eye cover. Needless to say, the clothes I use as a pillow, my cap and my sleeping bag were wet with urine.

Unsettling as it is, worse has happened to me while sleeping in this porch (and this is the best place we have come across to sleep): within two weeks of sleeping in the porch somebody sat on the right-hand side of my face; on 5 May 2007 some guy dragged me out of the two-step porch by the ankles while I was in my sleeping bag, then a few hours later I was kicked in the back; and on 22 September a guy repeatedly kicked me in the chest and shoulders as his mates stood by – the porch is situated in a business area well covered by CCTV.

The European Court of Human Rights doesn't think that these things are too bad: in a letter of 22 November 2007, the Court stated that it was unnecessary to consider Declan's request for priority of 8 September 2007 because it would be examining his application "shortly, possibly by the end of January 2008"; and in a letter of 16 June Declan is informed that "the Court will deal with the case as soon as practicable" – on 18 June, two days before Declan received this letter, all our money and documents were robbed in the Catholic Sisters of Mercy Dellow Centre (see blog of 18 June “Declan robbed in the Sisters of Mercy Dellow Centre”).

If I had to elaborate on an explanation as to why I was used as a urinal, it would have to be because of this: for the last three days Declan has been working on the Faculties of Engineering, Medicine and Natural Sciences of Imperial College London – from which institution some very distinguished scientists have signed his petition to the UN on therapeutic cloning – especially to try and get the petition signed again. In fact, on Thursday I emailed about 15 scientists from ICL (plus another 40 scientists from the University of California, San Francisco) and on Friday well over 30. The number of out-of-office autoreplies is my best indication as to whether Declan's emails are going to inbox or spam (two or three autoreplies within a batch of 10 would be a good indicator of the former): of a total of 45 emails to Imperial College scientists I got two autoreplies; and of a total of 40 emails to the University of California I got four autoreplies in a batch of 10 and then almost none …. There seems to be an uncomplicated approach to things in relation to Declan and me: he is looking to get the local support we need, I get urinated on; I send emails, they get delivered to spam mailboxes.

Actually, I am lucky I can send emails at all from the local council’s Idea Store Whitechapel library (see blog of 25 June “Police ‘No sleeping’ sign in the porch” for Declan's most recent letter to the Leader of Tower Hamlets Council): frequently on an hour booking I find myself unable to log in to my computer and have to wait for ten to fifteen minutes before my membership card number and password are accepted; and, for instance, on Wednesday it was announced that nobody would be able to use a computer.

A proposal to define a fertilised human egg as a person will land on Colorado's ballot this November, the first time the question of when life begins will go before voters anywhere in the US. If voters agreed, legal experts say, it would give fertilised eggs the same legal rights and protections to which people are entitled. The ballot initiative is funded by Colorado for Equal Rights, which on Monday announced the support of over 70 physicians and pharmacists. “We are honored to have received these endorsements from such respected physicians," stated Kristi Burton, the sponsor of the amendment. "Science clearly proves that life begins at the time of fertilization. We are secure in the fact that we have science and reason on our side, and we are pleased to have the medical community supporting our efforts." We are equally honoured that Declan’s petition to the UN on therapeutic cloning has received the endorsement of 520 scientists and academics, including 22 Nobel laureates; it’s just a pity we are not competing on a level playing field.

Thursday, July 10, 2008

Smithies explains his support for embryonic stem cell research

This morning at 4.50am we were visited by two City of London police officers at the porch we have been sleeping in since 3 November 2006 – the first time since a City of London Police 'No sleeping' sign went up on the back wall of the porch two weeks ago, and which, according to the May issue of The Pavement, a free magazine for London’s homeless, gives police “permission to move on anyone found sleeping in a doorway” (see blog of 25 June “Police ‘No sleeping’ sign in the porch”). We were actually packing our bags to leave when the two police officers approached us: they want to have a chat to see if we are okay, PC 864C says. So the usual: that Declan has lodged a second request for priority to the European Court of Human Rights (see blog of 4 July “Second Request for Priority to the European Court”); that no, we can’t go into a hostel or apply for benefits because, first and foremost, Declan would have to withdraw his application to the European Court (see previous blog); and that we have a petition to the UN on therapeutic cloning which has been signed by 519 scientists and academics, including 22 Nobel laureates, and in respect of which, since yesterday, we are full on seeking contributions for an international campaign. Declan asked PC 864C to issue us a ticket but he wouldn’t, despite that the back of a ticket states that “you are entitled to a full copy of the record of the stop or search now unless wholly impracticable”. Never mind, at 6.25am, after Declan was woken by two more officers as he was in the middle of his usual half-hour snooze – in the church yard where he washes and shaves every morning (see blog of 10 April “Washing in the street”) – he got his ticket.

Smithies explains his support for human stem cell researchSmithies explains his support for embyonic stem cell research

On 27 June, CNN ran a piece on Nobel laureate Oliver Smithies entitled “Nobel scientist looks to the future”, which carries a story highlight “Smithies explains his support for human stem cell research”. (Smithies won the Nobel Prize for medicine last year – with Sir Martin Evans and Mario Capecchi – for developing gene targeting, a method of using embryonic stem cells to "knock out" genes in mice, then observing what goes wrong to determine any gene's normal function.)

In the CNN video “Smithies on embryonic stem cells”, Smithies explains that scientists have been using embryonic stem cells from mice for more than twenty years, but only relatively recently has it been possible to get cells of a comparable type from humans. "The human embryonic stem cell has been controversial for non-scientific reasons. It has been controversial because of people who have different views as to when life starts, and the religious consequences of working with these cells," he says. “I asked the ambassador to suggest to the president of the United States that we maybe have got this the wrong way round when we talk about when life begins in this respect. As far as embryonic stems cells are concerned, my position would be and my argument would be: When does life end?”

Smithies describes life as being continuous since it began. Evolution has made it more complex, he explains, but even so, simple structures such as human eggs and sperm are alive. And so are fertilized eggs. So in his view, if they are not needed by couples trying to have children using in-vitro fertilisation, discarding these eggs kills them. In his view, using them to create embryonic stem cells keeps them alive. Smithies argues:

How marvellous it would be to think that when one died, part of one’s being was used to help other people, and I think that the use of embryos which are not otherwise being used for helping other individuals must be rather marvellous to the donor of those embryo cells. So I would like people to think of it as the perpetuation of life not the destruction of life, because life was already in those cells.

I believe this is a winning argument against those who oppose such research (see blog of 23 June “US bishops condemn embryonic stem cell research”), and one that will be central to our campaign; in fact, as soon as this homeless business is over, Declan intends contacting Smithies to ask how we could elaborate on it: what aspect(s) of evolution do we need to address?

Besides the hotly contested presidential election, Michigan voters will most likely vote in November on a ballot proposal that would loosen restrictions on embryonic stem cell research. Currently, excess embryos from procedures such as in-vitro fertilisation are discarded as medical waste. If the proposal is passed, however, people will be given a choice to donate their excess embryos for research. "Under existing state law, it is legal to throw embryos away, but it's not legal to use them for research," said Sean Morrison, director of the University of Michigan's Center for Stem Cell Biology. Penalties for destroying one embryo for the purpose of research can reach up to $1 million in fines and 10 years in prison, he said.

Embryonic stem cell research is already going on in the corporate and private sectors, said John Ruckdeschel of the Barbara Ann Karmanos Cancer Institute and Cancer Center in Detroit. "I would rather have it out in the open in our universities, under appropriate guidelines," he said. "We need to come out of the Stone Age on this."

"The choice that will face Michigan voters is this: Do we take these thousands of stem cells and dump them into the trash, or do we devote them to the research that can bring cures to serious diseases and serious injuries?" said Larry Owen, chairman of CureMichigan, and former member of the Michigan State University board of trustees.

Right now Michigan is one of only five states to ban the use of discarded embryos for medical research (the others: South Dakota, North Dakota, Louisiana and Arkansas), but not everyone wants to see things change: a coalition group called Michigan Citizens Against Unrestricted Science and Experimentation (MI-CAUSE), which includes the Michigan Catholic Conference and Right to Life of Michigan, oppose the proposal because embryonic stem cell research “is a direct assault on innocent human life”. It is interesting that Jewish views hold that human embryonic stem cell research entails no moral issue since genetic (ie, embryonic) materials are not even part of a human being until implanted in a womb. And some US Protestant denominations have expressed support for hES cell research, including the General Assembly of the Presbyterian Church and the United Church of Christ.

Saturday, July 05, 2008

Declan agreed to a meeting? I don’t think so

On Thursday afternoon, while we were having a quick cup of tea in the Dellow Centre of the Sisters of Mercy Providence Row Charity, the charity’s operations manager, Stephanie Harrison, approached Declan to tell him that its chief executive, Jo Ansell, and herself wanted to have a meeting with him to discuss issues raised in his recent emails to Ansell – Declan has, among other things, been robbed of all our money and documents (see blog of 18 June “Declan robbed in the Sisters of Mercy Dellow Centre”), which the police struck out because they didn’t get any CCTV footage whatsoever from the centre. (Since 21 April, Declan has also been writing to the head of the Roman Catholic Church in England and Wales, Cardinal Cormac Murphy-O'Connor, in his capacity as Archbishop of the Diocese of Westminster, of which the Dellow Centre is a part – an account of this correspondence was submitted by Declan to the European Court of Human Rights yesterday as part of his second Request for Priority under Rule 41 of the Rules of Court, see previous blog.)

Mindful that on 18 June 2007 we were barred from the Methodist Church Whitechapel Mission by the minister's wife due to concerns about our safety after I was assaulted in an unprovoked attack by a homeless woman in the canteen – and that we were never readmitted, despite Declan writing by registered post to the minister himself and to the head of the Methodist Church in the UK, Rev Graham Carter – Declan emailed Ansell as soon as he got to a computer. Then, yesterday, as Declan was printing his supporting documents for the Court, he received an email from Ansell; he had no choice but to respond. Ansell’s email and Declan’s reply can be read below.

Actually, Declan’s first email letter to Cardinal Murphy-O'Connor of 21 April (see blog of 22 April “Letter to Cardinal Cormac Murphy-O'Connor”) was out of concern that we could be barred from the Dellow Centre through no fault of our own – Declan drawing to his attention that since 10 April he has been washing and shaving on the streets as a result of all the harassment and threats he has received from other homeless while attempting to wash in the Dellow Centre’s men's washroom. Declan also points out in this letter to the Cardinal that the breakfast the nuns provide the homeless is my only food M-F; whilst he walks a two-hour round trip every weekday to the Manna Centre (whose building is provided rent-free by the Catholic Archdiocese of Southwark) to avail of the free lunch provided to homeless people.

On 24 June, a City of London Police 'No sleeping' sign went up on the back wall of the porch we have been sleeping in since 3 November 2006, which, according to the May issue of The Pavement, a free magazine for London’s homeless, gives police “permission to move on anyone found sleeping in a doorway” (see blog of 25 June “Police ‘No sleeping’ sign in the porch”) – on 9 May police told us they were "cleaning" the City of London of rough sleepers and that we either move to beyond city boundaries or be arrested, despite that Declan had been diagnosed in the Royal London Hospital with a sprained ankle only hours before (see blog of 9 May "Letter to the Mayor of London”); police also told us the same thing on 17 May (see blog of 17 May "Letter to the British Prime Minister"); then the whole approach changed: on 2 and 9 June, we have to move out of the porch (to beyond city boundaries) so that the City of London's Cleansing service can wash and disinfect the porch floor with immediate effect or be arrested (see blog of 11 June “Letter to the Commissioner of Police of the Metropolis”).

Although we now go to sleep every night under the threat of arrest (Declan will head off with his bags, but I will be staying put: am I supposed to just walk off for the night carrying all my bags, perhaps even to be robbed?), last night I thought my time in a cell had just arrived: at approximately 9.00pm, as I am cleaning the porch floor (all our bags in a corner), two City of London police officers stopped at the porch to give three very lost people directions – I kept cleaning, and eventually the officers moved a bit up the road, where they stayed for over five minutes. I should perhaps add here that Declan’s second Request for Priority states that “the various attempts by the City of London Police to move the applicant and his wife out of the porch they sleep in at night, culminating in the current ‘No sleeping’ sign on the back wall of the porch, are in fact a violation of his rights under Article 34 of the ECHR” – Article 34 of the European Convention on Human Rights establishes a duty on Convention states not to subject applicants to any improper indirect acts or contacts designed to dissuade or discourage applicants from pursuing a Convention remedy.

Why the police want us out of the porch? Well, a hint may be contained in an email Declan received from Superintendent Lorraine Cussen on 10 June, in which she advises Declan to find accommodation with the help of Broadway, a homeless charity – Broadway, I’m afraid, made an appearance the same night the sign went up in the porch to ask if we would apply for benefits: but as Declan informed the three workers, he would have to withdraw his application to the Court, and who on earth would do that in our situation? (The Department of Work and Pensions terminated our benefits on 27 September 2006 because Declan didn't “sign on” two days before he was due to do so on 29 September, see blog of 8 September 2007 “Application to the European Court of Human Rights”.)

Apart from the matter of spending some time in a cell, I have also been limping for over a week now; the main problem being that I am walking with runners only fit for the dustbin. This week I asked the nun in charge of clothes in the Dellow Centre for a pair of runners but she told me she had none (she gave me the same answer on 11 March). I am being equally unlucky in the Manna Centre: I used to be given a couple of minutes, every two Sundays, to find a maximum of three items from a jumble of second-hand clothes, but now I am told that they no longer do clothes on weekends.

For the record, this is Declan’s email to Ansell yesterday afternoon:

On 7/4/08, Declan Heavey wrote:
Dear Ms Ansell

I refer to your email below in acknowledgement of my email to you yesterday (a copy of which is also presented below).

Please note that my email to you yesterday states that "I wish to confine this matter to writing in order to avoid any misunderstanding that may occur".

I can confirm that I have not spoken with any member of your staff subsequent to my email to you yesterday, and wish to maintain my position in respect of same.

Thank you for your understanding.

Yours sincerely
Declan Heavey

On 7/4/08, Jo Ansell wrote:
Dear Mr Heavey

Thank you for confirming that a meeting is acceptable to you. I will pass the message on to Stephanie Harrison and she will arrange a convenient date with you.

Regards
Jo Ansell
Chief Executive
Providence Row (charity)

From: Declan Heavey [mailto:dheavey@gmail.com]
Sent: 03 July 2008 16:10
To: Jo Ansell; info
Subject: Providence Row Charity

Dear Ms Ansell

I refer to your request this afternoon for a (non-urgent) meeting with me, with your Operations Manager, Ms Stephne Harrison, in attendance.

I reconfirm, in view of the documents I intend submitting this evening to the European Court of Human Rights in support of my second Request for Priority under Rule 41 of the Rules of Court, that I wish to confine this matter to writing in order to avoid any misunderstanding that may occur.

Please would you acknowledge receipt.

Yours sincerely
Declan Heavey

cc Cardinal Cormac Murphy-O'Connor, Archbishop of the Diocese of Westminster (by email - with list of supporting documents herein referred to)

Friday, July 04, 2008

Second Request for Priority to the European Court

On 30 June, Declan emailed the head of the Roman Catholic Church in England and Wales, Cardinal Cormac Murphy-O'Connor, in his capacity as Archbishop of the Diocese of Westminster, to which the Sister of Mercy Dellow Centre belongs (see previous blog). Nonetheless, the orchestrated campaign of violence and economic strangulation against us continues (see, for example, blog of 25 June “Police ‘No sleeping’ sign in the porch”), so this afternoon Declan sent his second request for priority, with supporting documents, to the Registrar of the European Court of Human Rights by registered post.

Actually, this request is much better than the one Declan had intended posting on 18 June – which he had to postpone (although I uploaded it that afternoon; it can be read here) because of the robbery of all our money and documents that very morning in the Dellow Day Centre (see blog of 18 June “Declan robbed in the Sisters of Mercy Dellow Centre”). It so happens that the robbery also occured two days before Declan received from the staff of the Dellow a letter to him from the European Court dated 16 June, wherein it states: “The Court will deal with the case as soon as practicable”, published here.

So here it is:


Application no. 22541/07
Heavey v. the United Kingdom

                                  RULE 41-URGENT

Dear Mr Fribergh

With reference to my application of 8 September 2007 under Article 34 of the European Convention on Human Rights, the Court's recent letter to me of 16 June 2008, ref ECHR-LE1.1R CO/CO/ysp, signed for the Registrar by Legal Secretary Clare Ovey, states as follows:


The Court will deal with the case as soon as practicable. It will do so on the basis of the information and documents submitted by you. The proceedings are primarily in writing and you will only be required to appear in person if the Court invites you to do so. You will be informed of any decision taken by the Court.


Please find enclosed (i) a second Request for Priority under Rule 41 of the Rules of Court, and (ii) Supporting Documents.

Yours faithfully

Declan Heavey


This is the request:


                 SECOND REQUEST FOR PRIORITY UNDER
                      RULE 41 OF THE RULES OF COURT

   1.       The applicant respectfully requests that the Court consider this second request for priority under Rule 41 of the Rules of Court.
   2.      The request is made by the applicant in person. The European Convention on Human Rights (ECHR) entered into force for the Government of the United Kingdom on 3 September 1953 and has been in force since that time with no reservations, declarations or understandings relevant to this present applicant.

BACKGROUND OF REQUEST

As the applicant submitted in his application of 8 September 2007 (para. 22), he and his wife have been sleeping rough in the porch of an office building in the City of London since 3 November 2006, the Department for Work and Pensions having terminated the applicant's joint claim for Jobseeker's Allowance (JSA) on 27 September 2006 because the applicant did not "sign on" two days before he was due to do so on 29 September. At paragraph 22, the applicant submits that on 22 November 2006 the Dellow Centre of the Catholic Sisters of Mercy Providence Row Charity recorded on the applicant's wife's registration form that St Mungo's, London's largest homelessness organisation, had informed the centre that neither the applicant nor his wife could be referred to a hostel "due to not being on any benefits". For the avoidance of doubt, the applicant maintains each and every aspect of his application: this second request for priority is in addition to the application.

Since 10 April 2008, the applicant has been washing in the streets as a result of harassment and intimidation in the Dellow Centre, and due to his concern that he and his wife may be barred from the centre through no fault of their own: as submitted in his application (para 25), the applicant and his wife were barred from the Methodist Church Whitechapel Mission on 18 June 2007 due to concerns about their safety following an unprovoked assault on the applicant’s wife by a homeless woman in the canteen of the premises (crime reference no. 4217341/07).

On 21 April 2008, arising from his concern that he and his wife may be barred from the Dellow Centre, the applicant wrote to the head of the Roman Catholic Church in England and Wales, Cardinal Cormac Murphy-O'Connor, in his capacity as Archbishop of the Diocese of Westminster, to which the Dellow Centre belongs (see copy of this email letter of 21 April in Supporting Documents, p 14). The applicant has subsequently written on several occasions to Cardinal Murphy-O'Connor, including, inter alia, on 28 April, having submitted a written complaint to the Chief Executive of Providence Row Charity, Ms Jo Ansell, against a homeless man for verbal abuse of the applicant in the canteen of the Dellow Centre; on 16 May, having reported a homeless man to the Metropolitan Police for racially aggravated harassment of the applicant in the centre's men's washroom (crime reference no. 4212667/08); and on 30 June, having submitted a written complaint to Ms Ansell against a homeless woman for verbal abuse of the applicant and his wife in the centre's canteen (see copy of these email letters of 28 April, 16 May and 30 June in Supporting Documents, p 17, p 16 and p 1 respectively).

Since 9 May 2008, the applicant and his wife have been visited on a number of occasions by the City of London Police in the middle of the night to be ordered to immediately move out of the porch they have been sleeping in since 3 November 2006 to beyond city boundaries or be arrested: on 9 and 17 May, they were told by police officers that the City of London was being "cleaned" of rough sleepers (see copy of letter and enclosures to Prime Minister Gordon Brown of 19 May in Supporting Documents, pp 10-15); and on 2 and 9 June they were told by police officers that, pursuant to the City of London Police's "Operation Poncho II", the City of London's Cleansing service had to wash and disinfect the porch floor with immediate effect (see copy of email letter and attachments to Commissioner of Police of the Metropolis Sir Ian Blair of 11 June in Supporting Documents, pp 7-9). On 10 June, the applicant received an email from Superintendent Lorraine Cussen of Snow Hill police station, wherein the applicant is advised to find accommodation with the help of Broadway, a homeless charity, and in which it states that "the cleansing will continue for the foreseeable future" (see copy of this email of 10 June in Supporting Documents, p 8).

On 14 June, the applicant was assaulted by a man in the porch he has been sleeping with his wife, the first time the applicant has been assaulted in the porch (the applicant sleeps on the inside with his and his wife's bags; his wife on the outside). The suspect jumped on the applicant's feet while the applicant was asleep in his sleeping bag, and could have caused serious injury had the applicant not been wearing runners. The suspect was subsequently arrested in the porch for "common assault" (crime reference no. CR/4359/08).

On 18 June, the applicant was robbed in the Dellow Centre of his main bag, containing, among other things, all his and his wife's money and documents, including, inter alia, passports, birth and marriage certificates, driving licence, and court related and educational qualification documentation (crime reference no. 4215697/08). On 24 June, the applicant visited Bow Street police station to be updated on the investigation into the robbery. He was informed that the investigating officer, PC Van-Gelder (number unknown), was unable to obtain any CCTV footage whatsoever from the Dellow Centre, and consequently the case had been "struck out" (see email to Cardinal Cormac Murphy-O'Connor of 24 June, p 5).

Having been robbed of all their money and documents, the applicant is especially concerned that his wife may be reduced to begging, a criminal offence in England. In this regard, the Court is referred to paragraph 28 of the application, wherein the applicant submits that he and his wife survive on the streets of London by selling The Big Issue, a magazine sold by homeless people throughout the UK on registered street pitches, and that numerous written complaints have been lodged by the applicant with The Big Issue Head Office in respect of his wife and himself being walked off their respective pitch on Liverpool Street by other street traders, including, inter alia, Big Issue vendors. The applicant's written complaints to head office have continued unabated: most recently, on 10 June, the applicant complained in writing that he was walked off his pitch by a street distributor for an estate agent who insisted on passing fliers within one foot of the applicant; in fact, seldom does a week go by when the applicant and/or his wife is not forced to walk off their respective pitch in order to avoid confrontation (for which they can be debadged) with other street traders, including Big Issue vendors.

On 19 June, the applicant was assaulted in the Catholic Manna Centre while queuing for food. (The applicant walks a two-hour round trip every weekday to the Manna Centre to get a free lunch; his wife’s only food after 9.00am are two grated-cheese sandwiches, one of which is the applicant’s, which the nuns in the Dellow Centre give the homeless with their cereal breakfast "for later".) A homeless man, whom the applicant had reported to the Metropolitan Police on 16 May for racially aggravated harassment in the Dellow Centre (crime reference no. 4212667/08), clipped the applicant's heels four to six times, while brushing up against him as the queue moved. Presented with this homeless man's history of racially aggravated harassment of the applicant in the Dellow Centre, the police recorded the incident as "common assault" (crime reference no. 3021917/08).

On 23 June at approximately 3.30pm, while on computer 23 in the Tower Hamlets Council Idea Store Whitechapel, the applicant's wife was asked by a member of staff to give the computer up to another card holder, despite that a member of staff had confirmed in writing that she had booked the computer for the applicant's wife from 2.30pm to 5.30pm (notwithstanding that since 1 February the applicant and his wife have each been restricted by the Council to a 3-hour maximum computer use per day, despite that for several months previous we were given "additional time" subject to computer availability and in accordance with the council's then and current "Idea Stores PC Usage Policy"). On 24 June at approximately 12.30pm, while on computer 24 in Idea Store Whitechapel, the applicant's wife was aggressively told by a male member of staff to give the computer up to another card holder and, despite that 30 minutes earlier a member of staff had confirmed in writing that the applicant's wife had booked the computer from 11.30am to 2.30pm, threatened her with security if she did not do so immediately. (For a brief history of the applicant and his wife's recent loss of computer bookings and internet access in Idea Store Whitechapel, see copy of email letter and attachments of 25 June to the Leader of Tower Hamlets Council, Cllr Denise Jones, in Supporting Documents, pp 2-4).

On 24 June, the applicant and his wife arrived back at the porch they sleep in to find for the first time a City of London Police "No sleeping" sign on the back wall. The May 2008 issue of The Pavement, a free magazine for London's homeless, reports that some shopkeepers in the Strand, a large tourist area in the City of London, had posted "No sleeping" signs on their shop fronts, which give police "permission to move on anyone found sleeping in a doorway". That night, the applicant and his wife were visited at 10.00pm by three workers from Broadway, the homeless charity mentioned by Superintendent Cussen in her email to the applicant on 10 June, to be asked if they would go on benefits. The applicant declined, stating that he would have to withdraw his application to the Court.

The subject matter of the applicant and his wife being visited by the City of London Police at night to be ordered to immediately move out of the porch they sleep in to beyond city boundaries or be arrested is of considerable concern and may in itself be a ground for acceding to this application.

VIOLATIONS OF THE EUROPEAN CONVENTION

Under Articles 1 and 8 of the ECHR the United Kingdom has a positive obligation to ensure respect for an individual's private and family life. The Court has previously held that private life includes an individual's physical and moral integrity (X and Y v Netherlands, No. 8978/80, Series A, No. 91, 26.3.85, (1986) 8 EHRR 235, para. 22).

The recent assault and robbery of the applicant and his concern that his wife may be reduced to begging has very serious and damaging consequences for him and amounts to a very severe intrusion into his private sphere and his right to physical and moral integrity. These rights have been violated by the Government of the United Kingdom as a result of the ceasing the applicant and his wife's entitlement to JSA in breach of regulation 27(1) of the Jobseeker's Allowance Regulations 1996, which provides that such entitlement shall not cease if the claimant shows, before the end of the fifth working day after the day on which he failed to provide a signed declaration, that he had a good cause for the failure. (As submitted above, the Department for Work and Pensions terminated the applicant's joint claim JSA on 27 September 2006 because the applicant did not "sign on" two days before he was due to do so on 29 September.)

In the case of Sidabras and Dziautas v Lithuania (Nos 55480/00 and 59330/00, para. 49, ECHR 2004-VII), the Court noted the applicants' argument that, as result of the publicity caused by the adoption of the KGB Act and its application to them, they had suffered constant embarrassment as a result of their past activities. The Court accepted that the applicants continued to be burdened with the status of "former KGB officers" affecting the enjoyment of their "private life". The Court stated that "they are marked in the eyes of society on account of their past association with an oppressive regime." Like the position of the applicants in Sidabras and Dziautas v Lithuania, the applicant and his wife will suffer constant embarrassment as result of the criminal record that may follow from her begging. They will be burdened with the "criminal" status affecting the enjoyment of their private life. They will be marked in the eyes of society on account of the applicant's wife having a criminal record.

The applicant also submits that there is a severe violation of the right to respect for his "family life" under Article 8. It is well established that this right primarily obliges the state to protect the integrity of the family: to ensure that family relationships develop normally (Marckx v Belgium, (1979) Series A, No. 31, paras 31 and 45) and that members of a family have "the mutual enjoyment of each other's company" (Olsson v Sweden, (1988) Series A, No. 130, para. 59). In Lopez Ostra v Spain (1994), Series A, No. 303-C, at para. 51, the Court found that "severe environmental pollution may affect individuals' well-being and prevent them from enjoying their homes in such a way as to affect their private and family life adversely …". In the present case, the applicant submits that there has been a similar interference with the applicant's family life. Following the recent assault of the applicant in the porch he shares with his wife, the robbery of all their money and documents, and arising from his concern that his wife may be reduced to begging, there has been a profoundly distressing effect on both the applicant and his wife, thereby seriously affecting their relationship in violation of the positive duty on the state to respect his family life.

It is therefore submitted in respect of the applicant that the recent assault on him, the robbery of all his and his wife's money and documents and his concern that his wife may be reduced to begging is in fact a violation of his rights under Article 8 of the ECHR.

The applicant further submits that the numerous visits by the City of London Police in the middle of the night to order the applicant and his wife to immediately move out of the porch they sleep in to beyond city boundaries or be arrested constitutes a violation of Article 34 (formally Article 25) of the European Convention on Human Rights. The Court will note that Superintendent Cussen in her email of 10 June does not dispute that on 2 and 9 June the City of London's Cleansing service was used by the City of London Police to move the applicant and his wife to beyond City boundaries, stating that "the cleansing will continue for the foreseeable future".

Article 34 establishes a duty on Convention states not to hinder the effective exercise of the right to apply to the European Court of Human Rights. The Court has frequently emphasised that it is of the utmost importance for the effective operation of the system of individual petition that applicants or potential applicants should be able to communicate freely with the Court. Article 34 states that:


The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.


Under Article 34, applicants must not be subjected to any form of pressure from the authorities to modify or withdraw their complaints. "Pressure" includes direct coercion and flagrant acts of intimidation (of applicants, potential applicants, their families and legal representatives), but also any improper indirect acts or contacts designed to dissuade or discourage applicants from pursuing a Convention remedy.

In the case of Kurt v Turkey (No. 24276/94, 25.5.98, (1999) 26 EHRR 373), the Court found there had been improper pressure in violation of former Article 25, after the applicant alleged that she had been pressurised by the authorities to withdraw her application to the Commission.

The applicant believes that the "No sleeping" sign on the back wall of the porch they sleep in at night was introduced on 24 June as no more than an alternative means for the City of London Police to move the applicant and his wife on, and as such is a fabrication: there has never been a complaint against the applicant or his wife since they started to sleep in this porch over a year and a half ago (3 November 2006); they bed down at 9.00pm, and get up every weekday at 4.30am (on Saturdays and Sundays at 6.30am); neither the applicant nor his wife drink or smoke; and the office building in question has its front entrance around the corner. The applicant wishes to emphasise that he has informed the City of London Police on numerous occasions that he and his wife have never found a more suitable place to sleep, neither within the City of London nor beyond its boundaries, and that all their contacts are within walking distance of the porch.

With reference to Superintendent Cussen’s recommendation in her email of 10 June that the applicant engage with Broadway for help to find accommodation, the applicant wishes to draw to the Court's attention that he and his wife would need to apply for JSA, and as a consequence withdraw his application to the Court. (As submitted above, on 22 November 2006 the Dellow Centre recorded on the applicant's wife's registration form that St Mungo's, London's largest homelessness organisation, had informed the centre that neither the applicant nor his wife could be referred to a hostel "due to not being on any benefits".)

It is therefore submitted in respect of the applicant that the various attempts by the City of London Police to move him and his wife out of the porch they sleep in at night, culminating in the current "No sleeping" sign on the back wall of the porch, is in fact a violation of his rights under Article 34 of the ECHR.

NECESSITY OF EXPEDITION

An urgent expedition is necessary in this instance because of the violations of the applicant's human rights already existing and are likely to be even greater. The right that has been violated is the right to private and family life as established under Article 8 by the applicant being assaulted in the porch he shares with his wife, having been robbed of all their money and documents, and arising from his concern that his wife may be reduced to begging. The attempts by the City of London Police to move the applicant and his wife from the porch they sleep in at night to beyond the City boundaries, culminating in the current "No sleeping" sign on the back wall of the porch, constitutes a violation of the applicant's effective right of application as established under Article 34. These violations constitute a grave threat of irreparable and serious harm.

IRREPARABLE HARM

Once the applicant is in fact severely assaulted or arrested (due to his refusal to put his wife at risk of more ill-treatment by moving out of the porch they sleep in at night; they have never found a more suitable place to sleep), it will become very difficult if not almost impossible for him to pursue his application to the Court and this applicant has of course become subject to human rights violations as previously described.

The applicant has for example limited access to computers, exacerbated by difficulties with computer access in his local library, Idea Store Whitechapel, and therefore has had great difficulty preparing and lodging applications prior to this time.

In establishing the extent of the risk to the applicant of ill-treatment, the Court will note that the applicant has been washing in the streets since 10 April as a result of harassment and intimidation in the Dellow Centre. The applicant complains that nothing ever came of the investigation by the Metropolitan Police into his statement against a homeless man for racially aggravated harassment in the Dellow Centre (16 May). Moreover, the case of the robbery of all the applicant and his wife's money and documents in the Dellow Centre (18 June) was "struck out" due to the Metropolitan Police being unable to obtain any CCTV footage whatsoever from the centre. The applicant submits that the way the former case was dealt with by the Metropolitan Police may have been a factor in the assault of the applicant by the same homeless man in the Manna Centre (19 June).

Should the applicant be severely assaulted and/or his wife reduced to begging, the Court may have to strike the case out, for example because the applicant has failed to reply to Court letters over a period of time (see, Peltonen v Finland, No. 27323/95, 28.9.00 and Yakan v Turkey, No. 43362/98, 19.9.00). As the applicant submitted in his first request for priority that accompanied his application of 8 September 2007, his use of a landline phone was withdrawn by the Dellow Centre on 26 July 2007. Further, as sumitted above, the applicant's written complaints to The Big Issue Head Office have continued unabated in respect of his wife and himself being walked off their respective pitch on Liverpool Street by other street traders, including, inter alia, Big Issue vendors.

Much longer a period as a rough sleeper is more than likely to subject the applicant to serious ill-treatment and continued violations of Article 8 and Article 34.

SERIOUS HARM

The very fact that the applicant and his wife are threatened with a criminal record arising from the City of London Police "No sleeping" sign currently on the back wall of the porch they sleep in at night, and the devastating repercussions of any such record for the applicant and his wife's career and prospects, is sufficient to demonstrate the serious harm that will result from the failure to adopt an expedition of the applicant's case against the Government of the United Kingdom.

CONCLUSION

For the above reasons the applicant respectfully requests that the Court indicate the expedition of the applicant's case to the Government of the United Kingdom.

DECLAN HEAVEY

c/o THE DELLOW CENTRE

82 WENTWORTH STREET

LONDON E1 7SA

UNITED KINGDOM

EMAIL: dheavey@gmail.com

TEL: 0779 284 3167 (mobile)

4 July 2008 LONDON