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Jimmy Mubenga case exposes the dark side of deportation Jimmy Mubenga case exposes the dark side of deportation
(2 months later)
On Tuesday a jury returned a verdict of unlawful killing in the inquest into the death of Jimmy Mubenga, who died while being deported to Angola from the UK in October 2010. The overwhelming response to the jury's verdict has been a call for review of so-called "restraint techniques" used in the course of deportation. The elephant in the room is that deportation of migrants against their will is impossible in the absence of the use of force. It is naive to think that deportation can ever be a peaceful enterprise. The forcible removal of a person from a state's territory is always a violent act.On Tuesday a jury returned a verdict of unlawful killing in the inquest into the death of Jimmy Mubenga, who died while being deported to Angola from the UK in October 2010. The overwhelming response to the jury's verdict has been a call for review of so-called "restraint techniques" used in the course of deportation. The elephant in the room is that deportation of migrants against their will is impossible in the absence of the use of force. It is naive to think that deportation can ever be a peaceful enterprise. The forcible removal of a person from a state's territory is always a violent act.
The violence entailed in deportation stretches far beyond the actions of the security guards escorting the deportee. Both physical and psychological, it varies according to the deportee's degree of integration, the existence of family members and the physical abuse meted out in the course of removal. The verdict in the inquest of Mubenga comes hot on the heels of the Home Office's decision to deport Trenton Oldfield. As a white man and well-known personality, Oldfield is unlikely to be at risk of facing the violent treatment meted out to black migrants should he find himself en route to Australia. But his deportation, if it takes place, will nevertheless be violent in tearing him away from home and family.  The violence entailed in deportation stretches far beyond the actions of the security guards escorting the deportee. Both physical and psychological, it varies according to the deportee's degree of integration, the existence of family members and the physical abuse meted out in the course of removal. The verdict in the inquest of Mubenga comes hot on the heels of the Home Office's decision to deport Trenton Oldfield. As a white man and well-known personality, Oldfield is unlikely to be at risk of facing the violent treatment meted out to black migrants should he find himself en route to Australia. But his deportation, if it takes place, will nevertheless be violent in tearing him away from home and family.  
Mubenga was being removed from a country that had been his home for 16 years and he was ripped away from his wife and five children. He had served a two-year sentence for assault and yet the Home Office saw fit to punish him a second time, a fate that frequently befalls foreign criminals, who can be subjected to an automatic deportation order after serving a 12-month sentence. For sentences of less than 12 months, the Home Office may still deport if it is considered to be "in the public interest". Crime is in part a product of the society in which it takes place. Deportation serves to obscure this fact. It is, therefore, in the public interest to take responsibility for the causes of crime as well as the rehabilitation of criminals.Mubenga was being removed from a country that had been his home for 16 years and he was ripped away from his wife and five children. He had served a two-year sentence for assault and yet the Home Office saw fit to punish him a second time, a fate that frequently befalls foreign criminals, who can be subjected to an automatic deportation order after serving a 12-month sentence. For sentences of less than 12 months, the Home Office may still deport if it is considered to be "in the public interest". Crime is in part a product of the society in which it takes place. Deportation serves to obscure this fact. It is, therefore, in the public interest to take responsibility for the causes of crime as well as the rehabilitation of criminals.
The government has rightly been called upon to cease contracting out deportation to private security firms in the interests of accountability. However, in view of the statistics on deaths in police custody along with the CPS's atrocious record of prosecuting any officers responsible, we can neither expect better treatment of deportees by state officials nor higher levels of accountability when they act unlawfully. After all, in the aftermath of Mubenga's death, the Home Office released misleading statements, while the CPS's expressed intention to review its decision not to pursue charges has come unforgivably late. The government has rightly been called upon to cease contracting out deportation to private security firms in the interests of accountability. However, in view of the statistics on deaths in police custody along with the CPS's atrocious record of prosecuting any officers responsible, we can neither expect better treatment of deportees by state officials nor higher levels of accountability when they act unlawfully. After all, in the aftermath of Mubenga's death, the Home Office released misleading statements, while the CPS's expressed intention to review its decision not to pursue charges has come unforgivably late. 
Many testimonies of abuse during deportation exist. The case of Mary, a Ugandan asylum seeker who was heavily restrained on a plane in view of her five children, is one of many. Crucially, Mary's fellow passengers were told not to be concerned because she and her children were "criminals". It took three hours of handcuffed agony before a passenger on the plane intervened and she was released.Many testimonies of abuse during deportation exist. The case of Mary, a Ugandan asylum seeker who was heavily restrained on a plane in view of her five children, is one of many. Crucially, Mary's fellow passengers were told not to be concerned because she and her children were "criminals". It took three hours of handcuffed agony before a passenger on the plane intervened and she was released.
Yesterday Mubenga's wife, Adrienne, asked a crucial question: "What the witnesses said is that they heard Jimmy asking for help – a lot of them – and nobody helped him. That is the big question why…". One reason is surely that there is an illusion that deportations are fair and that individuals in uniform necessarily behave legitimately. One witness's account is testament to this: "I felt very disturbed by the way the two men were dealing with the situation. But as I was sure that they were policemen I expected them to know what they were doing".Yesterday Mubenga's wife, Adrienne, asked a crucial question: "What the witnesses said is that they heard Jimmy asking for help – a lot of them – and nobody helped him. That is the big question why…". One reason is surely that there is an illusion that deportations are fair and that individuals in uniform necessarily behave legitimately. One witness's account is testament to this: "I felt very disturbed by the way the two men were dealing with the situation. But as I was sure that they were policemen I expected them to know what they were doing".
The verdict in Mubenga's inquest has shattered the illusion that those in uniform should be trusted to know what they are doing. It has also demonstrated that there is no basis for the assumption that deportation is a legitimate and peaceful state activity. The political costs of recognising this are, of course, monumental, considering the political industry of scapegoating migrants for votes. But avoiding this truth, together with the politicisation of immigration policy, turns borders into death zones, foreigners into threats and creates a breeding ground for the sort of racial hatred demonstrated in the messages on the phones of two of the guards who were deporting Mubenga when he was unlawfully killed.The verdict in Mubenga's inquest has shattered the illusion that those in uniform should be trusted to know what they are doing. It has also demonstrated that there is no basis for the assumption that deportation is a legitimate and peaceful state activity. The political costs of recognising this are, of course, monumental, considering the political industry of scapegoating migrants for votes. But avoiding this truth, together with the politicisation of immigration policy, turns borders into death zones, foreigners into threats and creates a breeding ground for the sort of racial hatred demonstrated in the messages on the phones of two of the guards who were deporting Mubenga when he was unlawfully killed.
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