Monday, 20 January 2020

Distressed or simply non-compliant: what’s in a word?


My sons, no doubt, will tell you that I  am frustratingly insistent about the precise use and meaning of words. That character trait came in quite handy when I was a reference publisher. Words, of course, can have multiple meanings, as can events. Events shape the words we use, the words we use shape events, and our choice of words can determine how history records events. I read a newspaper article last week in which very different words were used to describe a single event.

The article concerned a 48-year old Nigerian lady in Yarl’s Wood immigration removal centre, an institution run by a government contractor, in which people who are not British nationals are “detained” before being deported. The period of detention can sometimes be longer than a sentence for criminal activity. Yarl's Wood is not a nice place to spend time.

The Nigerian lady was raped in Nigeria when she was 7 years old, and again aged 17. The second rape resulted in a pregnancy. Her baby died aged six months. She has been diagnosed with PTSD and is asthmatic. She was under constant supervision to prevent her harming herself. She is on trial for biting three guards at Yarl's Wood and for kicking a fourth. On the day in question (as a lawyer would say) she had been scheduled for deportation. However, she insists that she had been informed by her lawyer that her deportation had been “cancelled”. It seems that, indeed, her removal had been deferred, but that the information had not reached the guards at Yarl's Wood.

The Yarl's Wood staff spent three hours trying to persuade her to leave voluntarily. She refused. The manager then authorized the staff to use force. Her removal was filmed, and when the Nigerian lady saw staff approaching with a camera she responded by removing all her clothes. She was then wrestled to the ground by the staff and held face down, covered with a blanket. She was heard on the film to cry “Leave my neck, leave my neck, please leave my neck.” She is claiming self-defence, saying that she was “thrown like a bag of cement” to the floor.

The defence lawyer asked the detention operations manager at Yarl's Wood if the use of force was disproportionate. He replied that it was not because the Nigerian lady was “extremely resistant and aggressive”, and because a financial penalty would have been incurred for failure to deliver her to the flight. Asked whether the woman’s removal of her clothes was a sign of distress, he replied “It’s a sign of showing non-compliance.” I suspect that it was both. My dictionary provides two definitions of compliant. The first is: “tending to be excessively obedient or acquiescent”. I would agree with the manager that the Nigerian lady was not excessively obedient nor acquiescent, but if I were the lawyer I would also have argued that it is perfectly possible to be both distressed and non-compliant. Removing one’s clothes in front of strangers while being filmed suggests at the very least apprehension. The guards also testified that she was very resistant and aggressive, which again does not preclude her being distressed.

It is easy to consider the Yarl’s Wood manager and guards cruel and indifferent to the Nigerian lady’s fate, but they are employed by a company contracted by our elected government ro detain and deport people. Perhaps the responsibility for her treatment lies elsewhere. The newspaper reports reminded me of reading the text of the South African Truth and Reconciliation Commission Report. I published the international edition in the 1990s. The report detailed appalling acts of cruelty and suffering. However, I was struck by a discussion of the effects of the murders, torture and other violations of human rights committed in the name of the South African state. This section of the report addressed the dehumanizing harm done to the murderers and torturers. The politicians who instructed them to carry out these acts suffered no such consequences. Nor did those members of the white community who elected the government. Those who carried out appalling acts on the instructions of the state, on the other hand, were severely damaged. This does not exempt them from responsibility, but it does set eh events in context.

The Report was the only book I had read for libel in my 40 years as a publisher. Macmillan’s libel lawyer called me to tell me that he recommended I not publish the report because it was full of libels. I replied that I failed to understand how I could libel men who had confessed to such crimes. The lawyer told me that the accusations in the book could damage the reputations of those named in the book and that they would be entitled to sue for reputational damage. My boss and I agreed that this was quite absurd and that se whould publish, but we did decide that it was prudent to obscure two brief mentions of the involvement of Prime Minister F. W. de Klerk, who had taken the Commission to court in South Africa. We ostentatiously blacked out the relevant text and added a note referring the reader to the uncensored South African edition. I later saw Mr de Klerk at a launch in Hatchards bookshop of his memoirs. During the speeches I stood behind Margaret and Dennis Thatcher, friends of F. W. I was tempted to mention the report to Mrs. T., but suspected that her guards might intervene, although probably less forcefully that the guards at Yarl’s Wood.

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