Rewriting history will not atone for the mistreatment of Alan Turing

If we pardon Turing, there are thousands more due the same. Never returning to those times should be

In LGBT History month, denying a persecuted homosexual a pardon seems particularly insensitive. But in the case of Alan Turing, the so-called Father of Computing and Bletchley Park code-breaker, and the subject of a campaign to absolve him posthumously of a "gross indecency" conviction, Lord Justice McNally has made the right decision.

Charged with the offence in 1952, Turing was offered a choice of sentence -- prison or chemical castration. He opted for the second, but was so distressed by the treatment that he committed suicide two years later. In 2009, a petition demanding that Turing be apologised to in light of his contribution to national life, ratcheted up 30,000 signatures on the No 10 website. Gordon Brown made a national apology for Turing's treatment but no pardon was granted. Meanwhile, the current e-petition, started by William Jones and carried forward by Lib Dem MP John Leech -- who tabled an early day motion to secure Turing's pardon -- is backed by the Guardian and has been so far signed by more than 28,000 people.

The motivation for pardoning Turing comes with the best of intentions. But the pardon itself would achieve what, exactly? Help construct the acceptable face of establishment homosexuality in a patriotic form? Assure the LGBTQI community that the government's commitment to equal rights really does have nothing to do with vote-swinging? Make us feel better about a law that we cannot -- and must not -- forget existed in the first place?

Instead, pardoning Turing would actually create a problem -- it would establish a precedent for the "deserving" homosexual. John Graham-Cummingham, the computer scientist who created the first petition said: "You don't have to be gay to think that prosecuting a man for a private consensual sex act who just seven years before had been hailed as a hero of the Second World War was simply wrong." Fair enough. But the implication of pardoning Turing now would be that he is worthy of his pardon only because he was a national hero; a some gays are more equal than others kind of approach. If we pardon Turing, there are thousands more due the same -- every lesbian, bisexual, gay, intersex and trans man and woman persecuted or harassed throughout the nation's history, from Oscar Wilde to Radclyffe Hall, to the everyday citizens whose secret lives were made the stuff of public shame and state prosecution.

While we're at it, if we're cleaning up historical inequalities, why stop there? What of those convicted under or controlled by other laws we now regard as inhumane -- women burned for witchcraft, for example, or the 18th century designation of black slaves as commodities under the Trade and Navigation Act? What's more, if as an act of contrition we are to overturn past criminal convictions, it would surely only be just to issue posthumous prosecutions for those who committed what we now consider to be crimes. But just what exactly would an anachronistic sentencing and pardoning policy achieve for these victims of our history? Defending the decision not to pardon Turing, Lord MacNally stated:

Long-standing policy has been to accept that such convictions took place ... Rather than trying to alter the historical context and to put right what cannot be put right, [we should] ensure instead that we never again return to those times.

Never returning to those times; that should be our aim.

If we are to use e-petitions for social good, how about we use them to challenge the government on practices causing harm to the LGBTQI community right now; the Commonwealth's failure to condemn Jamaica's stringent sodomy laws, for example, particularly considering the fact that the prohibition of homosexuality was a colonial import in the first place. Or the revised laws on giving blood which previously banned gay men from donating because of the HIV risk, and now merely allow those who have been celibate for a decade to donate. This is both unjust and irrational when heterosexual transmissions account for the greater number of overall UK infections, and when all donors are not routinely asked how much unprotected sex they have had. There are two petitions for you; there are hundreds more.

Turing's story is sickening; but rewriting history will not help atone for his treatment. Instead, in his centenary year, let's celebrate his life's work and achievements and ensure he takes the place in British history he so deserves. After all, his sexuality has nothing to do with that.

Nichi Hodgson is a 28-year-old freelance journalist specialising in sexual politics, law and culture.

This article was updated at 9.45am on 10 February 2012.

 

Nichi Hodgson is a writer and broadcaster specialising in sexual politics, censorship, and  human rights. Her first book, Bound To You, published by Hodder & Stoughton, is out now. She tweets @NichiHodgson.

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Why Barack Obama was right to release Chelsea Manning

A Presidential act of mercy is good for Manning, but also for the US.

In early 2010, a young US military intelligence analyst on an army base near Baghdad slipped a Lady Gaga CD into a computer and sang along to the music. In fact, the soldier's apparently upbeat mood hid two facts. 

First, the soldier later known as Chelsea Manning was completely alienated from army culture, and the callous way she believed it treated civilians in Iraq. And second, she was quietly erasing the music on her CDs and replacing it with files holding explosive military data, which she would release to the world via Wikileaks. 

To some, Manning is a free speech hero. To others, she is a traitor. President Barack Obama’s decision to commute her 35-year sentence before leaving office has been blasted as “outrageous” by leading Republican Paul Ryan. Other Republican critics argue Obama is rewarding an act that endangered the lives of soldiers and intelligence operatives while giving ammunition to Russia. 

They have a point. Liberals banging the drum against Russia’s leak offensive during the US election cannot simultaneously argue leaks are inherently good. 

But even if you think Manning was deeply misguided in her use of Lady Gaga CDs, there are strong reasons why we should celebrate her release. 

1. She was not judged on the public interest

Manning was motivated by what she believed to be human rights abuses in Iraq, but her public interest defence has never been tested. 

The leaks were undoubtedly of public interest. As Manning said in the podcast she recorded with Amnesty International: “When we made mistakes, planning operations, innocent people died.” 

Thanks to Manning’s leak, we also know about the Vatican hiding sex abuse scandals in Ireland, plus the UK promising to protect US interests during the Chilcot Inquiry. 

In countries such as Germany, Canada and Denmark, whistle blowers in sensitive areas can use a public interest defence. In the US, however, such a defence does not exist – meaning it is impossible for Manning to legally argue her actions were in the public good. 

2. She was deemed worse than rapists and murderers

Her sentence was out of proportion to her crime. Compare her 35-year sentence to that received by William Millay, a young police officer, also in 2013. Caught in the act of trying to sell classified documents to someone he believed was a Russian intelligence officer, he was given 16 years

According to Amnesty International: “Manning’s sentence was much longer than other members of the military convicted of charges such as murder, rape and war crimes, as well as any others who were convicted of leaking classified materials to the public.”

3. Her time in jail was particularly miserable 

Manning’s conditions in jail do nothing to dispel the idea she has been treated extraordinarily harshly. When initially placed in solitary confinement, she needed permission to do anything in her cell, even walking around to exercise. 

When she requested treatment for her gender dysphoria, the military prison’s initial response was a blanket refusal – despite the fact many civilian prisons accept the idea that trans inmates are entitled to hormones. Manning has attempted suicide several times. She finally received permission to receive gender transition surgery in 2016 after a hunger strike

4. Julian Assange can stop acting like a martyr

Internationally, Manning’s continued incarceration was likely to do more harm than good. She has said she is sorry “for hurting the US”. Her worldwide following has turned her into an icon of US hypocrisy on free speech.

Then there's the fact Wikileaks said its founder Julian Assange would agree to be extradited to the US if Manning was released. Now that Manning is months away from freedom, his excuses for staying in the Equadorian London Embassy to avoid Swedish rape allegations are somewhat feebler.  

As for the President - under whose watch Manning was prosecuted - he may be leaving his office with his legacy in peril, but with one stroke of his pen, he has changed a life. Manning, now 29, could have expected to leave prison in her late 50s. Instead, she'll be free before her 30th birthday. And perhaps the Equadorian ambassador will finally get his room back. 

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.