To The Registrar, The European Court of Human Rights & Fundamental Freedoms, Council of Europe, F-67075
STRASBOURG, CEDEX France. Tel: (0)3 88 41 20 18. Fax: (0)3 88 41 27 30.
Internet: www.echr.coe.int
I have received your 2 page letter from The Registrar, dated 19 August 2004, along with application form. This was in response to my letter ref.
ECHR 13Aug 04. It tells the essence of the case in few words. I ask that you read it again before reading the detail which
follows. (Because my brain makes too many
mistakes when writing by hand, I have written the bare minimum on the Application Form itself, & expand the details in
this document, which is in the same format).
PREFACE. This is much more important than one individual case, MUCH MORE IMPORTANT THAN MY OWN FATE! Proud to be British
for 70 years, it is with shame, sadness & sorrow that I inform you that Britain has become a ruthless, lawless & merciless
Police State, with total contempt for it's own laws, International Conventions, common humanity or natural justice. Only a nauseating pretence remains.
Drafted under
great difficulty, this document may need additions & amendments, but at the age of 78 (the
oldest man in prison), I may not survive long enough. So, I send it as it
is, hopefully with more to follow.
BEFORE ANYTHING ELSE, PLEASE READ 'V.19'. SPEEDY ACTION BY YOU TO LAUNCH AN IMMEDIATE INVESTIGATION UNDER ARTICLE 38 (1a) MAY SAVE ME FROM FURTHER TORTURE, & MAY SAVE MY LIFE!
- - - - - - - - - - - - - - - - - - -
APPLICATION
I. THE PARTIES
A. THE APPLICANT: 1. Surname:
SCARTH. 2. First name: NORMAN. Male. 3. Nationality: BRITISH.
4. Profession: Retired farmer, now full time exposer of corruption. 5. Date & place of birth: 9th October 1925. England.
6. Permanent address: In some English prison or other, until I die
in one of them. 7. Tel. No. -----------.
8. Present address (if different from 6).
Currently Political Prisoner GV 5409, Her Majesty's Prison Wolds Gulag, BROUGH, HU15 2JZ, East Yorkshire, England. 9. Representative: None
. 10, 11, & 12:
Not applicable.
B. THE
HIGH CONTRACTING PARTY 13.
THE UNITED KINGDOM.
II. STATEMENT OF THE FACTS 14.
(a). For more than five years I have suffered continuing
terror, physical brutality & unrelenting mental torture from the United Kingdom Government, up to & including the
present day, in gross, blatant, deliberate & continuing violations of the European Convention of Human Rights & Fundamental Freedoms:
(b). The violations have been able to continue so long because, following
the desperate call for help in my document "WILL SOMEBODY HELP ME PLEASE?" (9th August 1999) (copy enclosed), I became one of 'The Disappeared' - as in George
Orwell's '1984'. I became an 'unperson', ceased to exist - except to be destroyed,
which task is almost completed. There came not help, but brutality &
depravity beyond belief! It has continued ever since, & is STILL continuing!
(c). There are many
more facts than I have time to detail here, but
in truth, little detail is needed, any more than one needs a Laboratory Report to know whether an egg is bad. The stench is unmistakable. Equally so is the stench of corruption. One fact alone should be enough: - the savagery of the sentence imposed on me at my
grotesque Kangaroo Court 'trial' (the Press, my witnesses & my evidence banned),. It indicates pure malice, from Judge Bentley, & those who have followed since. To understand the malice, please read my document,
'WW2; The Cause, the End, & the Seizing of ABSOLUTE POWER by a new 'Master
Race', which will follow in a day or two (I do not want to distract you
from reading V,19).
(d). The press being banned, Bentley made no attempt to hide his
hatred for the Litigant In Person, me in particular. When I protested at his
gross misconduct, he had me dragged brutally back to the cells on three occasions. This
is a man who wears a poppy on Armistice Day, in memory of those who fought & died in WW2, & to give thanks to those
who fought & survived (as I did)
(e). Most blatant, provable perjury was not only allowed by Judge Bentley, but he himself repeated it to the (specially selected) jury, & virtually directed them to find me guilty. They gave him the verdict
he wanted. He then gave me a TEN YEAR SENTENCE - for a first 'offence' - at the age
of 75 (then) - after a long lifetime of honourable service to my King, my Queen
& my Country. My record is infinitely better than those who are determined I will never get out of prison alive.
(f). Others who have inflicted injuries similar to that alleged against
me have been sentenced to Probation, Community Service, Suspended Sentence, three months, six months etc. Even those who have deliberately killed with extreme violence have been free from prison in less than two
years (see newspaper reports). I
have killed nobody, attacked nobody, though it is true that one of War Criminal Blair's Secret Police assassins who smashed
into my home to attack ME did
suffer a minor injury. (My document 'In
Fear' is most relevant. It too will sent in a day or two).
(g). It is a tragedy for Europe & the world that Britain, which
had a major part in drafting the European Convention on Human Rights, has in the intervening years become a ruthless, lawless
& merciless Police State, differing from that of Hitler, Himmler, Heydrich, Goebbels & Co. only in that the victims
are fewer - as yet - & that they had a degree of honesty. They declared their
intentions, whereas Britain hides behind a nauseating pretence of Democracy, Freedom, Justice & the Rule of Law.
(h). At 78, the oldest
man in prison, my expectation of life - already limited - is rapidly being reduced by mistreatment in prison, &
I ask that you treat this as urgent. The favourite victim of the new Master Race
which controls Britain is the Litigant In Person (the person who goes to court without
a lawyer).
(i). The legal professionals (from top to bottom!), are consumed
with a hatred for the LIP which equals that of the Nazis for the Jews. Being
Honorary Secretary of The Litigants In Person Society I have much more experience than just my own. One would hope
for a lessening of that hatred when the lawyer swears the Judicial Oath. Sadly
no, it increases, & he has the power to indulge it. That being so, no LIP
in Britain will ever find a tribunal which is 'Independent & Impartial', as required by Article 6.
(j). I am hated 10 fold: For
my 1997 General Election Manifesto; my book CAUSE FOR CONCERN, (with evidence of 'fraud in the legal system') - (see letter from Paul Boateng, enclosed); for my single handed success in the ECtHR (33745/96), bringing
a vital change in British law (incorporated into the 1998 Human Rights Act); for giving lessons in law & a beating to Lord Woolf (then Master of the Rolls) in the Civil Appeal Court in March/June 1999, when I boldly told him, Lord Justice
Otton & LJ Ward: "Her Majesty the Queen, whose courts these are, is badly served by the shysters who now infest the judiciary";
for being Hon. Sec. of the Litigants In Person Society; for being a Founder Member of the Article 6 Group; & because I
intended to stand against Prime Minister Blair at the 2001 General Election. I
WOULD HAVE MADE A DIFFERENCE! The claim by lawyers that 'judges bend over backwards to help the LIP'
is not made true by constant repetition.
(k). The hatred of the LIP from lawyers, though inexcusable IS understandable, in that he is doing work which they believe
should be theirs. Less understandable (at
first), the Prison Service (that other
branch of the Police State) shares that hatred. They dislike any prisoner
who claims to be innocent (anxious not to lose the £35,000 a year he brings to them),
but they especially dislike the one who tries to prove it without a lawyer.
(l). Prison Service management, like the courts, use fiendish means
to block, frustrate or delay his appeal, or other court actions which can bring the truth to light. Deliberate delay to anyone
is deplorable, to someone of my age it is diabolical, the purpose being to delay
until my death, to ensure the serious crime against my by this Police State will never come to light.
(m). The Prison Service has total contempt for the their own rules,
the law of the land, & the UNITED NATION STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS. Serious
breaches of those rules occur every day, to a criminal degree. Not surprising,
in that few prison officers, from Governors downwards, have even heard of the UNSMR - much less abide by them!
(n). Those rules are excellent in many ways, but there are glaring
omissions. They assume that EVERY prisoner is a criminal, when there are all too many in Britain who are completely innocent. Some are convicted because of mistakes
by the police, the Crown Prosecutions Service, or the courts, but many of the 'mistakes' are deliberate!
(o). Lord Denning was rated (by some!) as the finest judge of the last hundred years, but he made many
diabolical rulings & statements, in gross contempt of his own Judicial Oath, & that of the Queen, in whose name our judges purport to act. Denning said "Better that innocent men should remain in prison than that the integrity
of the judiciary be impugned". Perhaps that was when the rot set in? Regrettably, ALL our judges follow that creed, protecting each other, to ensure the 'integrity' of none of them
is 'impugned', declaring themselves to be Gods, incapable of sin (i.e.'bias'). The Queen's Coronation Oath, sworn before Almighty God, was "TO DELIVER JUSTICE WITH
MERCY".
(p). In his book 'L'esprit des lois', the noted French jurist Baron
de l' Montesquieu defined the three elements of State power: 'The Legislature, the Executive, & The Judiciary'. He is often quoted. NOT quoted is his rider "Judges must be controlled because of their venality". See also the words of Thomas Jefferson about British judges, after his new nation
had become free of them!
(q). Another ruling by Denning
(in Sirros v Moore) was: "No matter that (a judge) be motivated by the utmost
malice, greed, envy, & all uncharitableness, he is not liable to any action".
This self proclaimed immunity was falsely proclaimed, but accepted as the word of God ever since.
(r). At his point I am
forced to be critical of the European Court of Human Rights itself. Foolish of
me, when I am hoping you might save me from further torment & torture, & hopefully save my life, but it MUST be said. I can only hope that your integrity will overide
any desire you may have to retaliate against my criticism by declaring my case inadmissible!
(s). So - WHO JUDGES THE
JUDGES? Regrettably, the ECtHR will not do so. It appears that the ECtHR follows the diabolical creed of Lord Denning as staunchly as do our own courts. Your own '40 Year Survey' showed that (apart
from the odd Court Martial) not one case complaining of the 'bias'
of a British judge has even reached
the Court, much less been decided. I personally know at least 20 LIPs who tried
to complain on those grounds (& there must be hundreds), but ALL were blocked & kept out by the British lawyers who acted
as gatekeepers for the discredited & now defunct Commission.
(t). Success as a LIP in my earlier case (33745/96) does not disprove
it, but in fact gave me much to confirm it. Karen Reid (one of the 'gatekeepers') even refused my request for an Application Form -
taking it upon herself to tell me the case had no chance! Many would
give up at that stage, but I asked a lawyer to write on my behalf. He admitted
he had no experience with ECtHR cases, & had to borrow my books, but he did write, using
the same words as me. He got the form by return, & my eventual
success proved Karen Reid's gratuitous opinion to be wrong..
(u). Only by persistence (& paying out £100 to the lawyer!) was I able to get past the obstruction,
& eventually become successful, bringing a much needed change in British law. Though
successful in that one important part, the Commission completely ignored the most important part - serious misconduct by judges.
They invited me to send any new evidence, & I did send some which was cast iron, but the Commission completely
ignored that too, following the practice of our own courts when challenged on that which is unanswerable!
(v). In April 1999 I put forward another complaint. It was declared admissible, & given the case No. 48911/99(?) (or
49811/99?). Blocking this new - & much more important case - was undoubtedly one of the reasons for
the potentially lethal terror attack of 8th August 1999. It failed to silence me completely, but - suffering unofficial, unlawful, but very effective House Arrest
(imprisoned by fear) - I was not able to concentrate on this new case, unable to
counter the obstruction coming from a different direction
(w). It came from J.S.Phillips (I
think that was the name) in Strasbourg, who was trying to have the case struck out.
When I spoke to him on the telephone, telling him of the terror attack, he showed not the slightest concern.. When I said that my success in 33745/96, indicated that I do not make frivolous complaints,
his voice had note of triumph as he said "Ah, but you only won part of it!"
(x). The oldest man in
an English prison, soon to be 79, I may not survive long enough, or retain strength enough to complete this Application, particularly being obstructed, frustrated & delayed by the Prison Service. Accordingly I will send it in instalments - THOUGH HOPING THAT THE INFORMATION SO
FAR MIGHT BE ENOUGH!.
III. STATEMENT OF ALLEGED VIOLATIONS OF THE CONVENTION &/OR PROTOCOLS & OF
RELEVANT ARGUMENTS
15. ARTICLES 1; 2, (imminent),
3; 6; 13,14, 17,18, 34 & 53 of the Convention, & Article 3 of The First Protocol.
Furthermore, in consequence of those violations I have suffered violations of Article 5; 7; 8; 10 & 11 of the Convention itself; Article 1, 3 & 5 of The First Protocol; Article 2 of Protocol
4; Article 2 of Protocol 7; Article
1 of Protocol 12.
Relevant Arguments? Because my life expectation is so very short, I do not have time to list the relevant arguments. I
hope they are self evident. If I survive, I will try to list them in a later
instalment.
IV. STATEMENT RELATIVE TO ARTICLE 35 SS 1 OF
THE CONVENTION. Final decision (date,
court or authority & nature of decision).
16. Order of the Court of Criminal Appeal, 22/1/2004, refusing my appeal against sentence.
The Appeal Court did not tell me that the 'hearing' was to take place,
nor that it had taken place. Not until 20 July 2004 did I see the Order,
when a copy was sent to me by the Judicial Office
of the House of Lords with their letter dated 19 July 2004.
17. Other decisions (list
in chronological order, giving date, court or authority & nature of decision for each of them).
As stated already, the far too many transfers (designed to disorientate me), disorientate me), gave the Prison Service
opportunity to steal many of my documents. My life expectation being very short,
I do not have time to try to recover them & list them all. They started with
my conviction on 27 April 2001, at a grotesque Kangaroo Court 'trial', until the latest one, as in 16 (above).
18. Is there any other appeal or other remedy available to you which
you have not used? I have TRIED to use several, but have been ignored or rebuffed. See VI
(20).
V. 19. STATEMENT OF THE OBJECT OF THE APPLICATION.
The Prison service is using most fiendish ways to block, frustrate & delay this Application to the ECtHR, as they have all my other
attempts to prove my innocence, or at least to obtain mercy - if not justice! Even if I WERE guilty of crime, the attack on me on 8/8/99 was a
thousand times worse, & the savagery of the sentence a MILLION times worse - especially compared to sentences on others who have done far worse than I
stand convicted of!
IF the lives of all those who fought to
bring the European Convention on Human Rights into being mean anything to you, it is vital that you act according to Article
38 (1a), & immediately investigate this five years of horror. Hopefully you
might save me from further torture, & possibly save my life. If not,
I ask that the Court continue the case after my death, & hopefully prevent Britain becoming even MORE of a Police State than it is already.
To open this festering can of worms as soon as possible (it WILL explode one day!) I suggest you start with my document "WILL
SOMEBODY HELP ME?" (9/8/99, enclosed).
There came not help, but brutality & depravity beyond belief,
continuing ever since, right up to the present day! There has been collusion (tacit or otherwise) between the Police, the Judiciary, & the Prison Service! The automatic fax number at the top of the document shows
the date as 9/8/99 - 11 months BEFORE the crime of which I stand convicted. The jury were not allowed to see it at my 'trial'.
Deprived of it from my incarceration, it only came into my possession recently as part of 'disclosure' from the solicitor for the Chief Constable in my High Court action against him for the terror
attacks & the nation-wide cover-up of those crimes. That action has been deliberately & criminally delayed by Judge Grenfell for three years, again in
the hope that my death will ensure the cover-up continues.
If you DO act according
to Article 38(1a), I will be only too glad to review the belief I have formed since my success in case 33745/96, that the
ECtHR was created by lawyers for the benefit of lawyers, the victim - alive or dead - being only the necessary vehicle for
their activities, the LIP being an interloper, a trespasser. Having been successful
once (bringing a much needed change in British law), there appears to be determination
that I will not succeed again!
If you do NOT act
according to Article 38 (1a), you will prove yourselves to be totally without shame, conscience, mercy or soul, little different
to that previous Master Race which used Belsen, Dachau, Auschwitz to silence their victims.
It was wonderful for the German people who were not victims at that time, but there WAS a price to pay in the end. There will be again!
VI. STATEMENT CONCERNING OTHER INTERNATIONAL PROCEEDINGS. 20. Have you submitted
the above complaints to any other procedure of
international investigation or settlement? If so give full details.
Since the first attempt on my life, I have sent desperate calls for help to the much praised Mary Robinson, United
Nations Commissioner on Human Rights, to her successor, to the President of the Council of Ministers of Europe, Amnesty International,
& to every other body I could think of. Not even acknowledgement from any! Following
my incarceration, I also sent desperate calls for help to THE EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE & INHUMAN
OR DEGRADING TREATMENT. See my documents ECPT-26Feb02 & ECPT-4Mar02, copies of which were also sent to you at that time, but completely ignored by you. The response which finally
came from Hanne Juncher of the ECPT could well have been written by Lewis Caroll,
to follow on from ALICE IN WONDERLAND! I will send another copy to you in the
next few days.
That is apart from my desperate calls for help to ALL those in Britain who purport to be our 'watchdogs'. There
has been not a single word of acknowledgement from them either. They all claim to be independent, but
the news media in particular are as essential to this Police State as was the Propaganda Ministry of Josef Goebbels
in Nazi Germany. Controlled by the Press & Broadcasting Advisory Committee
(the 'D'-Notice Committee) they will allow the public to know only that which The
State wants them to know.
That is what it is like when you become one of 'The Disappeared' (as in George Orwell's '1984'). That is what happened to me from 8th August 1999. I became
an 'unperson', I ceased to exist - except to be destroyed. Thanks to my strong
constitution, the task is taking longer than expected - but thanks to the silence of yourselves & others, it is close to completion!
VII. LISTS OF DOCUMENTS. (If you do not have copies, you should obtain them. If you cannot obtain
them, explain why not.
21. The Order of the Criminal Appeal Court of 22/1/2004 is already
in your hands, (along with the letter from the Judicial Office of the House of Lords,
which shows that I did not receive the Order until 20/7/04). I have
already told how the Prison Service has used fiendish methods to steal many of my documents.
Right now I do not have the time or strength to overcome the obstruction & delay from the courts if I try to obtain
copies, but I will do so if I survive long enough.
I do enclose the most vital document of all, my desperate call for help "WILL
SOMEBODY HELP ME PLEASE? (see V.19 above).
Also, letter from Paul Boateng MP, now a Cabinet Minister. I will send
my document WW2-2Aug04 (which explains the malice of the judiciary), in a couple
of days, but do not want to distract you from speedy action under Article 38(1a), whereby you may save me from further torture,
& possibly save my life.
VII. DECLARATION & SIGNATURE.
I HEREBY DECLARE THAT, TO THE BEST OF MY KNOWLEDGE & BELIEF, THE
INFORMATION I HAVE GIVEN IN THE PRESENT APPLICATION FORM & THE PAGES ATTACHED IS CORRECT.
Their are volumes
more to tell than in this document, & masses of evidence, but that must wait for now.
If you block this Application, you will soon have MORE evidence - the corpse of a man who fought to preserve
Democracy, Justice, Mercy, & the Rule of Law in World War 2, & died trying to restore those precious things to Britain,
the land of which I was so proud for so long!
Signed by Norman Scarth, Victim GV5409 Her Majesty's Prison, Wolds Gulag, BROUGH HU15 2JZ, East Yorkshire, England.
Enclosed are documents
"WILL SOMEBODY HELP ME PLEASE?" (9/8/99); Letter
on behalf of the Chief Constable (9/8/99), & letter from Councillor Carter
(11/8/99). Others mentioned in this
document will be sent within a day or so. As stated, I do not wish to distract
you from the urgent action I ask for under Article 38 (1a) - investigation by you!
TO BE CONTINUED,
if I retain strength enough.
3,934 words.
Continuation of Scarth v UK Government, ECtHR File No. 30078/04
This is instalment 2, commenced 13th September 2004
Wed. 15th 2004.
SPECIAL NOTE TO THE ECtHR ITSELF
My document, 'WORLD WAR 2: THE CAUSE, THE END, & THE SEIZING OF ABS0LUTE POWER BY A NEW MASTER RACE', is mentioned in page 1(c). A copy is enclosed now as an exhibit. I ask that you read it carefully first, then read that which follows.
Britain being the main European victor in World War II, British lawyers, headed by Sir David Maxwell Fyffe (later Lord Chancellor Lord Kilmuir) were
mainly responsible for drafting the Convention, supposedly
set up to establish & protect HUMAN RIGHTS.
However, there was a hidden agenda! The small print of the Articles & rules
was to ensure that the new Master Race would not only have absolute power in Britain, but that the lawyers & judges of the ECtHR would protect & preserve that power. In doing so, you ignore
your own Articles & Rules, being very 'economical with the truth' (see the words
of Attorney General Sir Robert Armstrong, later - also my evidence of that 'economy').
SO, WHO JUDGES THE JUDGES? (See
the words of Home Secretary David Blunkett, later).
Para. 3 of your 'NOTES for
the guidance of persons wishing to apply to the European Court of Human Rights' says, "The Court ... is not a court of appeal vis a vis national courts & cannot annul or alter their decisions". I hope the Court will not use this - or some other nit-picking (small print) excuse to declare it 'inadmissible' such as my failure to send all relevant documents (I have
already told you how the Prison Service has stolen many of them).
Yes, this application
does concern 'decisions' by some of the rotten apples in the judiciary, but we all know what happens to the rest of
the apples in a barrel when the rotten ones are not removed!
It was surely your duty to ensure they WERE removed, but you have signally failed to do so! Instead,
you have protected them! [see your
'40 Year Survey', mentioned in para. (s), page 2 of my first instalment].
In consequence the WHOLE of the British judiciary has become corrupted, consumed with the hatred I mention in (i), page 1. Sadly - NAY, TRAGICALLY, the lawyers & judges of the ECtHR share that hatred, which is why they protect their colleagues so staunchly.
Your para 3 goes on to say "Nor can it intervene directly
on your behalf with the authority you are complaining about". Here you
are being very 'economical with the truth' [see later]! What about Article 38
(1a), which I mention on page 1?
Were this Police State itself committing a Dunblane type
massacre outside your window, would you say "We cannot intervene directly. Those
children must exhaust all domestic remedies, then submit an Application Form. If
it is not presented properly, we will declare it inadmissible".
The analogy is an apt one! That is exactly what lawyers WILL do - much more concerned with the nit-picking 'rules' of the Convention, than the PURPOSE for which it was brought into being.
Block this
application, & not only my blood will be on your hands, but the blood of all those who will die in the widespread horror
which will surely come when the people finally realise they are persecuted by a regime just as evil as that of Hitler.
There IS a crime worse
than murder, a punishment worse
than the gallows, as described by Euripides, (480
BC - 408BC). "They whom the Gods wish to destroy, they first drive mad". Those who claim
to be Gods (they certainly have the arrogance) have been trying for five years
to do just that to me, ably supported by their lackeys, thugs, puppets & sycophants.
Perhaps they have succeeded? Perhaps these are the rantings of a lunatic? (see later!)
I say again: There are STILL
volumes more to tell than in this document, & masses of evidence, but management at Wolds Prison are still using fiendish means to drive me mad. I am exhausted, & must recover strength before sending more detail, & more evidence, so this must
do for now.
Signed by Norman Scarth, Victim GV5409 Her Majesty's Prison, Wolds Gulag, BROUGH HU15 2JZ, East Yorkshire, England.
Continuation of Scarth v UK Government, ECtHR File No. 30078/04
THE ORIGINAL OF INSTALMENT THREE WAS HANDWRITTEN.
Below is a typed copy.
TO THE REGISTRAR, The ECtHR, STRASBOURG
CONTINUATION OF ECtHR FILE No. 30078/4
INSTALMENT 3.
(1). with a blameless life behind me, sent to prison for the first time in my life at the age of 75, I was of
course worried at being locked up with thugs, thieves, sadists, psychopaths &a