Category: Bridgend

  • Imprisoned UK anarchist Toby Shone won a hearing last week in Bristol Crown Court. Toby’s lawyers were contesting an attempt by the head of the police’s Counter Terrorism Division to obtain a Serious Crime Prevention Order (SCPO) against him.

    Toby’s arrest was part of a wider police operation known as ‘Operation Adream’.

    The Canary interviewed Toby from his prison cell prior to the hearing. You can read the interview here.

    Original Charges

    Toby was originally put on trial for terrorism last year. The charges – which were never proven – related to the 325nostate.net anarchist website. The original allegations were that the 325 website – which published reports of direct action – contained material ‘that would be useful to terrorists’, and that the site fundraised for ‘terrorist activities’.

    The Canary wrote at the time:

    [Toby’s] case is comparable with the 1997 Green Anarchist/Animal Liberation Front – or GANDALF – trial’, which accused the editors of Green Anarchist magazine and the Animal Liberation Front Supporters Group newsletter of “unlawfully inciting persons unknown to commit criminal damage”. However, Operation Adream went one step further by charging Toby with terrorism.

    Along with the allegations mentioned above, the prosecution also claimed the 325 website was involved in distributing terrorist publications, saying that some of the material on the website fell into this category. Toby told us that the prosecution focused on a piece of writing by Italian anarchist Alfredo Bonnano called What are Anarchists?, as well as material in solidarity with two Italian anarchist prisoners. Other site content featured in the failed prosecution included letters published on 325 by imprisoned members of Greek anarchist groups Conspiracy of Cells of Fire (CCF) and Revolutionary Struggle. These groups are not illegal in the UK, but the prosecution’s case hinged on the argument that CCF were a continuation of another group called 17 November – a group initially set up in Greece in the 1970s to resist military rule. November 17 is a prohibited group in the UK.

    Initial terrorism case falls apart

    The terrorism case against Toby fell apart in October 2021, with the Crown Prosecution Service formally offering no evidence and the court recording a ‘not guilty’ verdict. However, Toby was convicted of a comparatively minor drugs offence relating to possession of a relatively small quantity of illegal substances with intent to supply. He was sentenced to 3 years and 9 months in prison.

    Despite the fact that Toby’s conviction had nothing whatsoever to do with terrorism, the Counter-Terrorism police applied for an SCPO upon his release.

    So what’s a Serious Crime Prevention Order?

    SCPO orders can be imposed by courts on people who have been convicted of ‘serious’ crimes. The orders are designed to severely limit people’s freedom by – in the words of the Crown Prosecution Service (CPS) – imposing “conditions considered appropriate for the stated purpose of protecting the public from serious crime”.

    The CPS lists the crimes that qualify for the imposition of an SCPO order on its website. The list includes “drug trafficking”, but the crime has to be deemed by the court to be ‘serious’ in order for an SCPO to be imposed.

    A ridiculous and repressive list of restrictions

    The planned SCPO order would have come into effect when Toby was released from prison, and aimed to place significant restrictions on his freedom. The draconian measures included having to notify the police of where he planned to live, if he planned to stay elsewhere overnight, and if he planned to have any visitors. It would also have banned him from using Linux operating systems, VPNs, and any encrypted communications. Toby would have had to register any laptops, mobile phones, or USB storage devices with the police.

    We spoke to Toby back in April, and he told The Canary how the SCPO would affect his life:

    The SCPO is a method to keep me under continuous five year investigation, and de facto house arrest. It is simply a method of repression, which is intended to intimidate me, my family and my friends. To criminalise and place under surveillance those I’m close to, and to try to force me to change the way I choose to live, and with whom. It is an attempt to force me to use cashless banking and payments. To control my use of phones, USBs and computers. Stop me using encryption and stop me from using any form of open source software such as Linux. And to stop me from using crypto currencies.

    Toby went further, and said that the order was a ploy designed to put him back in prison as soon as possible. He told The Canary:

    The order is not really intended to be complied with. It’s been drawn up in such a way as to be impossible to submit to. The aim of the ‘Anti Terrorist Unit’ is to put me back in prison as soon as possible after I am released, and try to frighten me from speaking out about what the endgame is.

    Toby Shone, you are not alone!

    A demonstration was held outside Bristol Crown Court on Friday 6 May in solidarity with Toby. Supporters chanted “Toby Shone, You are not Alone!” and “Our passion for justice is stronger than your prisons”.

    Supporters tweeted:

    A statement from Toby’s supporters implies that the prosecutor was feeling confident that he was going to win. They said:

    …there was a moment when it felt to everyone that it was going to go badly for our comrade. His lack of remorse and his commitment to anarchist practice, community and beliefs were cited as the risk factors necessitating continued persecution. The prosecution apparently believed they had won and Toby was quietly asked by his barrister if he would consider negotiating the terms of the Control Order in an attempt to mitigate it. Toby refused to agree to any form of negotiation, insisting that his team continue to fight the order in totality and in principle whatever the decision of the court.

    Living ‘off-grid’

    Thomas Coke-Smythe was tasked with the job of making the Counter-Terrorism division’s case for the Control Order. He denied that the SCPO was being applied for on the basis of the failed terrorism charges, instead claiming that they were to prevent Toby from continuing to fund his “alternative lifestyle” by dealing drugs. He said:

    [the defence case is that] the only reason the SCPO order is sought is because of the terrorism offences not proceeded with. That’s not the case. It’s clear that Mr Shone lived off-grid and relied on dealing drugs for his lifestyle, he had no legitimate source of income.

    Owen Greenhall –  a defence barrister acting for Toby – argued that the order would be an unacceptable imposition on his daily life. Greenhall said that encrypted communication was a common “feature of modern life”, with everyday apps such as WhatsApp using encryption. He argued that the requirement to notify police whenever Toby used cloud storage would mean that he would have to tell the police about every time he used a new piece of cloud storage software, such as Dropbox, Microsoft Drive or Google Drive, and to provide police with the pincodes for the accounts.

    Banning the use of TOR

    The order would also have restricted Toby from using The Onion Router (TOR) and other VPN services, which the prosecution referred to as the “dark web”. Greenhall pointed out that there were many perfectly lawful uses for TOR. He gave the example that the BBC website had suggested that its users in Russia use TOR in order to get around the Russian state’s censorship efforts.

    The prosecutor dismissed statements by Toby’s friends, who were complaining that the order would affect their lives, as “paranoia”. However, a statement by Toby’s supporters reads:

    The order would also have allowed cops and court to send his family, friends or other associates to prison for up to a year if they refused to cooperate with the terms of the order such as handing over their devices for police scrutiny if Toby had used them.

    Greenhall pointed out that the terms of the order would have meant that, if Toby was to live in a shared house, everyone visiting the house would have had to provide their details to the police. This would apply both to people visiting Toby, and to those visiting other residents.

    The judge eventually ruled in favour of the defence case. Toby’s supporters wrote:

    …after a 40 minute deliberation, High Court Judge Christopher Parker refused the order on the first count of No Necessity. He added that he was troubled by an order whose author was a Counter-Terror Unit and to whom Toby would be directly answerable, given that Toby had been found Not Guilty of terrorism charges and was serving a sentence for relatively minor drug offences. In any event, the order, he said, was draconian even for terrorist offences.

    “The revolution is inevitable”

    The Canary asked Kevin Blowe from the Network for Police Monitoring to comment on the result of the hearing. He said:

    We welcome the court’s rejection of the vindictive efforts by counter terrorism police to try again to punish Toby Shone after the terrorism charges against him collapsed.

    Their proposed Serious Crime Prevention Order would have given police wide ranging powers to indefinitely control his life on release from prison. It would have represented an extraordinary restriction on his free speech and his right to meaningfully participate in political activism

    Toby left the court amid clapping and cheers from the public gallery. As he was about to be led downstairs to the cells, he said:

    The revolution is inevitable

    “We’ll turn up the heat”

    We spoke to Toby from his prison cell in HMP Parc in Bridgend after the hearing was over. He asked us to share this statement:

    Thanks to all those who came to express their solidarity and rage at Bristol Crown Court on Friday. After 15 months of solitary confinement it was the most amount of comrades seen in a long time. Your strength and warmth stays in the heart.

    This was a major defeat and humiliation for the anti-terrorist prosecutors and police, but we should not rest easy. A state methodology has been put together which they will still use to attack others in the anarchist space when they can. Operation Adream is also still not closed and so we should remain ready. There are many lessons to be learned here and more complete analysis will come out in time.

    I am due for release in late December, and will be on license until November 2024. The prison Offender Management Unit confirmed to me that the Anti-Terrorist unit still intend to keep me under surveillance after my release. I’m sure they’ll try to take revenge, but with the love and complicity of all the comrades we’ll turn up the heat.

    Liberty and discord are one and the same.

    Toby concluded:

    Always unrepentant and always anarchist, nothing is over. Everything continues.

    Featured image via Twitter/VolterineDeclare

    By Tom Anderson

    This post was originally published on The Canary.

  • UK anarchist Toby Shone was put on trial for terrorism last year. The charges – which were never proven – related to the 325nostate.net anarchist website.

    Toby was arrested in November 2020 in the Forest of Dean in Southwest England.

    The prosecution against Toby was part of a wider police operation known as ‘Operation Adream’. The original charges were that the 325 website – which published reports of direct action – contained material ‘that would be useful to terrorists’, and that the site fundraised for ‘terrorist activities’.

    The case is comparable with the 1997 Green Anarchist/Animal Liberation Front – or GANDALF – trial’, which accused the editors of Green Anarchist magazine and the Animal Liberation Front Supporters Group newsletter of “unlawfully inciting persons unknown to commit criminal damage”. However, Operation Adream went one step further by charging Toby with terrorism.

    Toby told The Canary that “the implications of this case do not only concern anarchists”, but should be a warning to anyone  who “wants to see actual social, political or environmental change”.

    CPS’ terrorism case fails

    The Crown Prosecution Service (CPS) eventually offered no evidence in relation to the terrorism case, and Toby was found not guilty.

    However, he was convicted of possession of a small quantity of drugs with intent to supply, and was sentenced to three years and 9 months in prison.

    Now, the Counter Terrorism Unit want to use the drugs conviction to apply for a Serious Crime Prevention Order (SCPO). The SCPO will enable the police to control his use of computers, bank accounts and other electronic devices for five years after he is released from prison. They can apply to renew the order indefinitely.

    SCPO orders can be imposed by courts on people who have been convicted of ‘serious’ crimes. The orders are designed to severely limit people’s freedom by – in the words of the CPS – imposing “conditions considered appropriate for the stated purpose of protecting the public from serious crime”.

    The CPS lists the crimes that qualify for the imposition of a SCPO order on its website. The list includes “drug trafficking”, but the crime has to be deemed by the court to be ‘serious’ in order for a SCPO to be imposed.

    The application for the SCPO is due to be heard on 6 May at Bristol Crown Court. A solidarity demonstration is planned at the court at 8.30am.

    Support Toby poster - https://www.brightonabc.org.uk/images/toby_may_6_demo.pdf
    A poster in support of Toby – by Brighton ABC

    Imprisoned since 2020

    Toby was originally imprisoned in Wandsworth and had a hearing at the Old Bailey. His trial was eventually moved back to Bristol, to be tried locally, and Toby was moved to HMP Horfield in Bristol.

    Recently Toby was moved again, this time to HMP Parc in Bridgend, after supporters spoke out about targeting and threats made against him by a right-wing prison officer.

    Operation Adream

    The Canary interviewed Toby from his prison cell. He said about Operation Adream:

    According to Operation Adream’s framework, anarchism is a terrorist ideology.

    Reporting on and publishing communiques on direct action and sabotage is ‘glorifying terrorism’. Prisoner solidarity efforts for anarchist prisoners is ‘supporting terrorism’, collecting funds for those prisoners and for anarchist publications is ‘funding terrorism’.

    Commenting on the initial terrorism charges against him, Toby stated:

    The prosecutors were seeking to impose over a decade of prison on me. I’ll leave speculation aside, and I’ll mention that the charges were not dropped. Technically, the Crown offered no evidence to refute my defence statement and a ‘not guilty’ verdict was recorded.

    According to Toby, the SCPO which is being sought against him is a politically motivated attempt to keep him, and those close to him, under close surveillance:

    The SCPO is a method to keep me under continuous five year investigation, and de facto house arrest. It is simply a method of repression, which is intended to intimidate me, my family and my friends. To criminalise and place under surveillance those I’m close to, and to try to force me to change the way I choose to live, and with whom.

    Toby described the conditions of the SCPO:

    It is an attempt to force me to use cashless banking and payments. To control my use of phones, USBs and computers. Stop me using encryption and stop me from using any form of open source software such as Linux. And to stop me from using crypto currencies.

    A “clandestine and subversive lifestyle”

    The SCPO order will make it very difficult for Toby to live collectively, as he did before his arrest. Toby told us:

    …In the papers filed against me, living collectively, ‘off grid’ in a ‘nomadic way’, is seen as a threat to the system. And it’s part of the ‘clandestine and subversive lifestyle’ that I must be stopped from pursuing. Really this means that anyone who is viewed as being ‘outside’ – if such a thing exists – of society, or the cops invented ideas of ‘normality’, can be targeted as an enemy of the state. And the police can invent whatever fictions they like to justify their control.

    Part of a move towards a surveillance society

    Toby relates the repression against him to a broader process. He said that it’s a move towards a society where the state gives itself more and more control, enabled by technological advances:

    It’s possible to make a broad argument that society itself is transforming into a world where everything and everyone is trackable, monitored and profiled. Any realities that don’t conform to this new vision of how regulation and digitalization is to function is seen as a threat to power.

    Toby also described how the control order would affect his life:

    As to how it would affect my life, the control order demands constant contact with the police to inform them and seek permission for my contact with others. Use of cash, use of communication devices, my movements, where I sleep, or reside, my use of postboxes, storage units, restrictions on using a single bank account. The list is extensive.

    A political measure

    Toby sees the order as something that is impossible to comply with, and – in fact – just a ploy to put him back in prison as soon as possible:

    The order is not really intended to be complied with. It’s been drawn up in such a way as to be impossible to submit to. The aim of the ‘Anti Terrorist Unit’ is to put me back in prison as soon as possible after I am released, and try to frighten me from speaking out about what the endgame is.

    The police are able to seek this SCPO against Toby because he has been convicted of intent to supply controlled substances. However, SCPOs are normally used against large-scale drug-dealing operations. This is confirmed by the CPS website which states that “The SCPO is intended for use against those involved in the most serious offences”. Far from fitting in to this categorisation, Toby’s drug conviction is comparatively insignificant.

    We asked Toby to comment on the drug charges he was convicted for. He said:

    The raids in Operation Adream took place against several addresses, which were collective living projects.

    I was using medical marijuana and DMT to treat my cancer and related conditions. I also had joint possession of LSD and psilocybin. This was deemed ‘possession with intent to supply’ despite being simply a collective amount in a house project/hangout. These medicines are known for their potential rapid deconditioning effects, and their use for self analysis and reprogramming has been widely studied.

    Toby said that the attempts by the police to paint him as a drug dealer are intended to hide the use of the SCPO to repress his political activity:

    Police efforts to label me as a ‘drug dealer’ are smears and attempts to obscure revolutionary anarchism. I’m anti capitalist and against any gang or mafia type practices. I’m opposed to the use of hard narcotics and their supply.

    “Prison is a path which all revolutionaries must face”

    I asked Toby whether this was his first time in prison. He said:

    This is not my first time in the hands of the enemy. But this is the longest I have spent behind the door, having faced the rifles of the ‘Anti Terrorist Unit’, and the demands for such a long sentence.

    Prison is a path which all non-conformists, dissidents and revolutionaries must face.

    Toby maintains that prison needs to be abolished as an institution. He argues that prisons are used to oppress the “exploited classes”:

    As for my observations, they are unchanged. Prison cannot be reformed. It must be destroyed along with the state and the society which requires it.

    Prison is the institutional repression of the most exploited classes, and maintains the divide between the rich and the poor. It’s always been so, and always will be. There is no ‘rehabilitation’, only warehouses of suffering where they store men, women and children in conditions unlikely to engender anything but hostility, misery and hatred. however much they dress it up with lies and phantasms of redemption.

    Cutting the “wild roses before they bud”

    Toby sees Operation Adream – and the application for a control order against him – as “an attack on 21st century anarchism”.

    According to Toby, police forces in Europe and Latin America have taken similar measures against anarchist insurrectionalist movements, but Operation Adream is significant because it took place in the UK. Toby said:

    Anarchist insurrectionalism is already a major target in Europe and Latin America. The only novel thing is that this is the first time such an operation was conducted in UK.

    Anarchist insurrectionalists believe in the need for constant social and class struggle, and attacks against the state. Insurrectionalists favour informal organisation based on affinity over the creation of permanent revolutionary institutions. Toby says that many anarchist insurrectionalists believe in organisation through affinity groups which are federated into larger flexible structures, but do not become formalised, and can remain responsive.

    Toby sees Operation Adream as part of a wider state strategy which labels left-wing groups as ‘terrorists’:

    The establishment of ‘left wing terrorism’, as a new [police] focus comes at a time of lethargy in the radical Left, despite the times we’re living in today, which are full of the conditions likely to create a real momentum towards resistance.

    However, at an international level, a resurgence of anarchist, anti-civilization and anti capitalist action is taking place. And the state is aware of that fact, and seeks to cut any wild roses before they bud.

    Terrorism label is nothing new

    In fact, the labelling of militant parts of the Left as ‘terrorist’ by the British state isn’t really anything new. Supporters of the UK animal rights movement have consistently been branded both ‘terrorists’ and ‘domestic extremists’, and UK supporters of the Kurdish Freedom Movement have been imprisoned under anti-terror laws in recent years. The UK police have long been labelling radical ecological movements as ‘terrorist’, and have used Schedule 7 of the Terrorism Act to interrogate suspected radicals from a broad range of social movements at UK borders.

    A police counter-terrorism documentcirculated in 2020 to medical staff and teachers as part of an anti-extremism briefing – included reference to groups ranging from the Anarchist Federation and the Industrial Workers of the World (IWW) to mainstream NGOs like Greenpeace and People for the Ethical Treatment of Animals (PETA).

    Avenging “the state’s failure”

    I asked Kevin Blowe from Network for Police Monitoring for a comment on the SCPO being sought against Toby. He said.

    The SCPO is arbitrary punishment for a conviction Toby did not receive, imposed by counter-terrorism police who seem determined to avenge the state’s failure to find any evidence against him for alleged “terrorist” activities. If imposed, it is also almost impossible to comply with while maintaining any involvement in political activism, because the police must know everything about anyone he meets and talks to. It is, therefore, an unsubtle attempt to silence him.
    Blowe concluded:
    At a time when the government claims there are growing threats to the right of freedom of expression, Toby’s experience is a reminder that the biggest threat to free speech comes from the state itself.

    “The implications of this case do not only concern anarchists”

    Toby said that his case should not only be of interest to anarchists; it shows that the state will do what it can to repress and imprison everyone who chooses to struggle for change:

    The implications of this case do not only concern anarchists, who have been under the microscope for some time, but anyone who is living in alternative way with their ideas or their actions, collective or not. Anyone who essentially wants to see actual social, political or environmental change will at some point put that into practice. And the state has prepared prisons for you.

    Toby concluded with a call to organise for freedom, and for revolution:

    That’s why we must realise what we’re up against, and organise. Revolution and freedom is the imperative.

    Stay strong out there.

    Featured image via Flickr/Dave Nakayama (resized to 770x403px)

    By Tom Anderson

    This post was originally published on The Canary.