Dear Ms Swanson,
Thank you for your correspondence. Please see the attached reply which
includes a reference number for future use.
Yours sincerely,
Jack Murray
Child Protection Team
Scottish Government
Area 2A North
Victoria Quay

Your Reference:  2016/0022312
Dear Mr Murray,
Open letter:  Ms Sturgeon’s refusal to uphold the rule of
law in Scotland
Thank you for your reply to my e-mail to Ms Sturgeon.  I am sorry to
say that it fails utterly to deal with the issues at stake  –  and
since you have allocated me a reference number “for future use”, you obviously
realise this yourself.
To clarify matters:  I am not asking Ms Sturgeon to intervene in an
individual case (though I note that she felt herself able to do so in the
instance of the Brain family). 
My concern is that the rule of law in Scotland, and in the UK as a whole,
is increasingly being undermined.  This is what should make the current
persecution of the Docherty family a matter of the deepest concern to any Head
of State who acknowledges that those operating the institutions through which
the country is governed should always act within the boundaries set by
the law of the land.  When this is not the case, the plea of separation of
powers, far from ensuring the safety of the citizenry, offers ample opportunity
for unchecked lawless oppression.
Brian and Janice Docherty have not been accused of any crime.  No
warrant or court documents have ever been presented, to justify the removal of
their children and continuing attempts to imprison them, section them, or
threaten their lives.  Police Scotland are clearly acting outside the law
in instigating a reign of terror against this peaceful and law-abiding couple
and their children: yet Ms Sturgeon is apparently content for the vicious
pursuit of an innocent Scots family to continue unchecked for as long as it
suits the convenience of a rogue element in the Scottish police and social
services, and perhaps the interests of the government itself.   A
reasonable person can only assume that the fundamental expectation that
everyone  –  even such very important people as the police and social
services; even, dare I say it, the Head of State  –  should respect
the rule of law is not something which the First Minister feels herself bound to
endorse.  This is particularly disturbing in view of the Supreme Court’s
judgement against the Named Person initiative, which includes the following
penetrating statement: “The first thing that a totalitarian regime tries to do
is to get at the children, to distance them from the subversive, varied
influences of their families, and indoctrinate them in their rulers’ view of the
world”.  The lawless persecution of the Docherty family confirms what this
suggests: that Scotland is fast becoming a totalitarian police state, with its
people no longer subject only to the law of the land, but to the will and,
indeed, the pleasure of powerful people who think themselves above it.
This is not a question of intervening in a court case, to sway a lawful
judgement.  What is required here is the protection, through the Head of
State’s insistence that the rule of law must be upheld, of a family who have
committed no crime, yet are being hounded by the very agencies which are paid to
ensure their safety from criminal assault.  If Ms Sturgeon continues to
stand aside and declare that the crimes being committed against the Dochertys
are not her concern, she herself must be judged complicit in those crimes.
Yours sincerely,
Gillian Swanson

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