Pakistani man sues US over false arrest
Press TV – December 6, 2013
A Pakistani immigrant has filed a lawsuit against the US government in a federal court in Miami, saying he was kept for over ten months in solitary confinement after being falsely arrested on ‘terrorism’ charges.
Forty-year-old Irfan Khan, who immigrated to the United States from Pakistan in 1994, filed the complaint on December 3 at US District Court of Miami, Reuters reported on Thursday.
According to the lawsuit, Khan was arrested in California in 2011 on charges that included providing material support for the Pakistani Taliban.
The 40-year-old was then taken to a prison in Florida as he was also accused of supporting a plot for the abduction and murder of individuals overseas.
The lawsuit says that all charges against Khan were dropped in June 2012. However, until then he had been held for around 320 days in solitary confinement.
“I was shocked at the time. I’m still shocked. I don’t know why it happened, how it happened, and that’s why we are doing this. To get some answers,” Khan told Reuters on Thursday.
“The conduct the government subjected Irfan to, as a result of his religion, national origin, and its overzealousness in its war on terror was and still is, by all standards, horrendous,” the complaint says.
The lawsuit also accuses Washington of false arrest, incarceration and malicious prosecution.
The US government accused Khan of giving money to a commander of the Pakistani Taliban known as Akbar Hussain in 2008. However, Khan says he sent money to his wife, who was visiting Pakistan, through her uncle who is also named Akbar Hussain, a retired college professor.
The complaint also says that an impartial translator would have rejected the government’s interpretation of Khan’s telephone conversations with his father in Urdu and Pashto, which were cited by prosecutors.
The lawsuit says he criticized the Pakistani government during the two conversations but did not advocate violence, as was claimed by government prosecutors.
Khan said he lost his job and his car after his arrest. His wife and two children had to move over safety concerns.
Venezuela Leads Region in Poverty Reduction in 2012, ECLAC Says
By Dan Beeton and Joe Sammut | CEPR Americas Blog | December 6, 2013
The Associated Press reported yesterday that the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) has highlighted a slowing of progress in poverty reduction in Latin America, citing “rising food costs and weaker economic growth” as contributing factors:
Poverty in Latin America and the Caribbean is now easing at a slower pace, the UN’s regional economic body said on Thursday, calling on governments to make policy changes that encourage growth while reducing the huge gap between the rich and poor.
UN economists based in Santiago said about 164 million people, or 28 percent of the region’s population, are still considered poor. That is nearly unchanged from last year. Out of those, 68 million of them are in extreme poverty.
But there are bright spots. ECLAC’s new “Social Panorama of Latin America” report [PDF] notes that Venezuela and Ecuador led the region in decreasing poverty in 2012:
Six of the 11 countries with information available in 2012 recorded falling poverty levels (see table 1). The largest drop was in the Bolivarian Republic of Venezuela, where poverty fell by 5.6 percentage points (from 29.5% to 23.9%) and extreme poverty by 2.0 percentage points (from 11.7% to 9.7%). In Ecuador, poverty was down by 3.1 percentage points (from 35.3% to 32.2%) and indigence by 0.9 percentage points (from 13.8% to 12.9%).
This 5.6 percentage point decrease in Venezuela translates into a 19 percent decline in poverty overall last year, which CEPR Co-Director Mark Weisbrot noted last month “is almost certainly the largest decline in poverty in the Americas for 2012, and one of the largest – if not the largest – in the world.”
This dramatic decrease in poverty is likely due to the impact of two new misiones (social programmes), the Gran Misión En Amor Mayor Venezuela and the Gran Misión Hijos de Venezuela, which were, by January 2013, benefitting more than 1,400,000 people.
Both misiones are aimed at assisting people living in extreme poverty: GM En Amor Mayor provides pensions to elderly people, and the GM Hijos de Venezuela provides cash transfers to households with children and pregnant women. The two missions are reaching a significant number of people: as of January 2013, 516,000 elderly people were receiving a monthly pension through GM Amor Mayor. Meanwhile, the program GM Hijos de Venezuela was making monthly payments to 324,000 families, which represents 794,000 individuals.
As well as simply reducing poverty, the GM Hijos de Venezuela reduces gender inequality. 98 percent of the recipients of the program were women, who are in many countries in Latin America overrepresented among the poor. It can be reasonably hypothesized that this high level of targeting is likely to increase the economic independence of women, reducing the frequent economic imperative for women to stay in disadvantageous relationships.
Meet CO-TRAVELER: The NSA’s Cell Phone Location Tracking Program
By April Glaser and Kurt Opsahl | EFF | December 5, 2013
An article yesterday in the Washington Post disclosed the NSA’s massive cell phone location program. The program, codenamed CO-TRAVELER, is designed to track who meets with whom and covers everyone who carries a cell phone, all around the world.
With neither public debate nor court authorization, CO-TRAVELER collects billions of records daily of cell phone user location information. It maps the relationships of cell phone users across global mobile network cables, gathering data about who you are physically with and how often your movements intersect with other cell phone users. The program even tracks when your phone is turned on or off.
The trillions of collected records, which add up to twice the amount of data in the Library of Congress’ print collection, are saved and stored in the NSA’s mammoth database called FASCIA. While allegedly aimed at foreigners and mobile phones overseas, the NSA admits that it has “incidentally” collected location information on U.S. persons.
CO-TRAVELER ignores fundamental values in the Constitution the NSA has sworn to uphold, including the right against unreasonable search and seizure as well as freedom of association. Thinking globally, the program disregards international human rights law, which is currently in the process of being reaffirmed in a draft resolution by the UN General Assembly.
The Fourth Amendment Protects Cell Phone Location Data
EFF has been working for years to get the courts to recognize that the government must get a warrant before seizing cell phone location records. The court decisions are split. In 2008 the Third Circuit federal appeals court correctly held that federal magistrates have the discretion to require the government to get a search warrant based on probable cause before obtaining cell phone location records. But the Fifth and Sixth Circuit have approved the seizure of cell phone location records without a warrant. The Supreme Court has yet to rule on cell phone location, but did hold that planting a GPS device on a car requires a warrant, without reaching a decision on whether the warrantless tracking itself would violate the Fourth Amendment.
CO-TRAVELER does not simply collect location information. It creates a portrait of travel times and people who crossed paths, revealing our physical interactions and relationships. The cell site information goes beyond email and phone calls and ordinary telephony data, allowing the U.S. government to know who we are with in-person and where. This is information that would be impossible to collect using traditional law enforcement methods.
An NSA official said that the agency’s collection methods are “tuned to be looking outside the United States.” This appears to be an attempt to assert that U.S. law does not apply because they are not “targeting” U.S. persons. Without the protections of U.S. law, the spying is regulated only by Executive Orders–orders by the President that are not subject to substantive oversight, and can modified at any time. It’s likely that this program falls under Executive Order 12333. EO 12333 has few limits on surveillance overseas, even if it is a U.S. person.
CO-TRAVELER Violates the First Amendment
The CO-TRAVELER program is based on guilt by association, tracking location to determine our relationships and where we meet. The First Amendment protects our right to associate with individuals and groups without disclosing that information to the government. This is an essential right because it allows people to discuss their ideas, concerns, and feelings with others without the shadow of government surveillance. And this is not just a right recognized in the United States: the right to freely associate with individuals or groups has also been recognized in the UN Universal Declaration of Human Rights, the European Convention on Human Rights, and in countless other human rights charters.
EFF is currently representing 22 organizations from across the political spectrum who sued the NSA for violating their First Amendment right of association by illegally collecting their call records. The case, First Unitarian v. NSA, brings to light the real implications of mass surveillance–people are afraid to associate and meet based on likeminded interests.
Equally threatening to the rights guaranteed by the First Amendment are the speech-chilling effects of cell phone location tracking. Even if you use encryption online, when you meet someone in person and aren’t even on the phone, your movements may be tracked and recorded and stored. The Washington Post article reports that the NSA tracks when a cell phone has been turned off, for how long, and what nearby devices are also being used and shut off. The NSA provides further scrutiny of people who switch their phones on and off for brief periods or use throw-away phones.
Yet these security practices are common methods that journalists (or anyone else who might be privacy conscious) use to ensure security and trust when they meet with confidential sources and conduct investigations. Under this program, it is harder than ever for a journalist to guarantee a reasonable degree of privacy and security to their sources.
Privacy is an Internationally Recognized Human Right
While the NSA likes to claim it takes great care in not collecting the data of U.S. persons, the billions of people tracked by their programs have a basic human right to privacy. Right now the United Nations General Assembly is discussing a resolution that reaffirms that the human right to privacy is carried over and effective in the digital age.
EFF is part of the global movement demanding the protection of our most basic right to privacy, no matter the country or citizenship of a person. We signed on to a list of thirteen principles that a state should use to determine whether or not a surveillance program will encroach on fundamental human rights. Join us by adding your name to the global petition for privacy today.
We will continue to fight against the NSA’s unconstitutional and over-broad surveillance programs in the courts and in Congress, and advocate for deeper oversight of the NSA from all branches of government.
US Spy Satellite Logo Not At All Subtle: Octopus Enveloping The Earth
By Mike Masnick | Techdirt | December 6, 2013
Over the past few months, I’ve certainly wondered quite a bit about just how bad the NSA seems to be at recognizing how the public feels concerning what it’s doing. This week’s revelations about tracking mobile phone locations was incredible because folks at the NSA must have known that information about this program was in Snowden’s collection, and yet when they were asked about collecting location info a few months ago, they made statements that would clearly look bad, when put next to the truth:
“We don’t get any cell site or location information as to where any of these phones were located.” — Keith Alexander
These phones. Under this program. But under this other program we collect pretty much everything. Beyond that, the various “code names” the NSA uses are somewhat revealing as well. Lots of people commented on the insanity of calling the giant database FASCIA. But, at the very least, you could argue that the NSA never expected those code names to be made public. And with the misleading statements, they were still holding out hope that maybe, just maybe, a meteor would magically flatten Glenn Greenwald, Barton Gellman and Laura Poitras before the info got out.
But… how about when the US intelligence community actually does something publicly. Like live tweeting the launch of a new spy satellite. Apparently, they slap the most unsubtle logo on it that you can imagine.
Yes, it’s an octopus, with tentacles reaching all over the globe. And the tagline is “Nothing is Beyond Our Reach.”
Sure. They’re spies. This is what they do. But, somehow, you’d think that maybe, just maybe, someone with a tiny bit of sense back there at the office of the director of national intelligence would think that, “gee, a lot of people around the globe are pretty fucking angry at us for all the spying we’re doing right now. maybe we shouldn’t be spitting in their faces, mocking their concerns, and reminding them that we’re blatantly evil people who really don’t give two shits about their privacy.”
Of course, that would take some actual recognition of what anyone thinks of them, and that doesn’t seem to be part of the way that the US intelligence community operates.
DeBlasio, Bratton and the Ongoing Criminalization of Youth in New York City
By ZHANDARKA KURTI | CounterPunch | December 6, 2013
Today, standing in front of news-cameras and press, newly elect mayor of New York City, Bill de Blasio responds to the grievances of stop and frisk critics and progressive non-profits groups by appointing ‘America’s Top Cop,’ William Bratton as chief commissioner of the New York City Police Department. This is a slap in the face for many liberals across the city as their dreams of a progressive mayor are quickly dashed. Yet, for the few community activists that have not sold their hopes to city electoral politics, the appointment of Bratton signals the state response to dissent and a reaffirmation of the role of police in the neoliberal era with new points of interest, namely the criminalization of youth across New York City.
Now 66 years old, Bratton, admonished by many as “America’s Top Cop” comes back to the city that in the 1990s gave him the free pass to practice his zero-tolerance policing strategies, albeit, back then under a republican mayor. Some may question de Blasio’s decision. Given the tensions that have mounted recently against stop and frisk, why appoint someone that is so closely tied to this particular form of ‘quick-fix’ policing that continues to alienate communities of color?
Broken-windows policing was the brainchild of social science. James Q. Wilson and William Kelling in a 1982 article in The Atlantic proposed that eradicating graffiti, loitering, and other outward signs of community decay would effectively make communities safer and simultaneously address future crimes. The theory was taken up and applied by William Bratton, in his tenures as police chief in New York City in the 1990s and Los Angeles in 2000s. Since then the relationship between broken windows policing and crime rates has been debunked. Bernard Harcourt for example, in his book The Illusion of Order, challenges the correlation often drawn by criminologists between crime and disorder. It is also important to note that broken windows theory, also known as zero tolerance policing became the main form of policing strategy as neoliberal agenda was being consolidated. The consequences of zero tolerance policing have been documented far and wide from heightened surveillance to harassment, police brutality, over-arrests and overall dehumanization of poor communities and communities of color. Zero-tolerance policing has effectively allowed the NYPD to practice search and stops that are similar to the counterinsurgency military techniques of ‘cordon and search’ used in Afghanistan.
So given the way in which Bratton was instrumental in implementing zero tolerance policing, out of which ‘stop and frisk’ is an aspect of, why assign him again to the task of overseeing the NYPD?
Before we get angry at DeBlasio for failing to fulfill the role that many liberals across the city have boxed him into, let us recall the mainstream response to stop and frisk policing by the “progressive” elements of NYC.
On February 4th, 2012 at a rally in the South Bronx for the beating of Jatiek Reed and the murder of Rahmarley Graham, city council members and progressive officials took the opportunity to get on the microphone and to speak against stop and frisk and to criticize the NYPD for the egregious assault of one young man and the murder of another. While politicians gave speeches on end, no one from the community was invited to speak about their experiences with the NYPD. Furthermore, the rhetoric remained one that was critical of ‘stop and frisk’ but supportive of the role that police play in combating crime. Take Back the Bronx along with other activists drew attention away from the banter of the politicians to the heart of the matter by chanting: “Fuck the NYPD.” The real problem community members shouted was not only ‘stop and frisk’: the real enemy was the NYPD. The angry politicians tried to quiet the voices, but it was too late. The community members attending the march already left the politicians behind, chanting and taking over the streets of the South Bronx. This is a unique response to stop and frisk and to policing in general that is missing from progressive mainstream accounts.
Instead, the progressive activists and their non-profits have hijacked the discourse and have focused their energies on reforming the NYPD. Examples of this abound from so-called progressive East Flatbush councilmember Jumaane Williams to coalitions like Communities United for Police Reform (which includes many progressive non-profit groups throughout NYC). Together, they have been fundamental in channeling a radical critique of the NYPD to one that has boiled down to essentially legislative reform.
So, I wonder if these same groups will be surprised today as Bratton “the father of community policing” is called up to the task of overseeing the NYPD?
It may seem confusing to try to pinpoint why Bratton is hired at a moment when ‘stop and frisk’ has come under such scrutiny. Yet when we look at developments in Chicago and Oakland the picture is clearer.
Recently, in Oakland community groups came together to challenge City Council’s decision to hire Bratton as a consultant for its police department. In Chicago, Rahm Emmanuel[1] has openly embraced broken windows policing as a way to deal with violence. While politicians and their middle-class supporters cite violence as one of the main reasons for the need for heightened police presence, they do not look deeper to see the ways in which neoliberalism has affected Chicago, Oakland and New York City. Neoliberal re-structuring has displaced thousands. In neighborhoods that continue to ‘hold out’ and whose location is prime target for developers the only people that stand in the way are the youth. So, what we see in places like Chicago, Oakland and increasingly New York City is a focus on criminalization of youth, particularly street families or as the police likes to call them: gangs.
In Oakland, Bratton’s hire as a consultant for the police department was proposed at a time when community groups were heavily fighting gang injunctions, youth curfews etc. Similarly, in New York City, his appointment as Chief Commissioner of NYPD comes at time of increased scrutiny of police practices. The state is making a particular choice when it hires Bratton as chief commissioner of the NYPD. It is responding to its critics and is clamping down on them. Bratton is coming into New York City at time when the NYPD is turning its attention to youth gangs like never before. In the next year, we will see the state focus more of its forces more heavily on criminalization of youth. What will be our response?
Zhandarka Kurti lives in the Bronx. She can be reached at zh.kurti@gmail.com
Related articles
- Here’s What to Expect from NYPD Commissioner Bill Bratton (blogs.villagevoice.com)
- UK detains 3,000 people in unrest
- Liberals should stop and frisk Bill de Blasio
- The Shady Ties Between de Blasio and the Clintons
- Without Any Legal Basis, The NYPD Has Been Classifying Its Own Documents For More Than A Decade
Hamas: Any peace treaty with Israel is not binding for the Palestinian people
Palestine Information Center – December 5, 2013
GAZA — Senior Hamas official Mahmoud Al-Zahhar said that any conciliatory agreement resulting from the current negotiations between the Palestinian Authority (PA) and the occupation is non-binding for the Palestinian people.
Zahhar made his remarks during a special session held on Wednesday by the Palestinian legislative council to discuss the report that was submitted by its political committee on the negotiations between the PA and the Israeli occupation regime.
Zahhar called for forming a national front opposing the peace negotiations with the occupation and addressing their detrimental impacts on Palestinian rights and constants.
“The Palestinian negotiators are illegitimate, they neither represent the national consensus nor have the majority that allows them to speak on behalf the Palestinian people,” the Hamas official stated.
He affirmed that the Fatah faction took the Palestinian cause to a dangerous level in its negotiations with the Israeli occupation and waived many Palestinian rights, noting that the results of the negotiations had been settled in advance by the US sponsor in favor of the occupation.
Fatah chose to obey America in order to protect its presence as a representative of the people and insure financial support, he stressed.
Continuation of negotiation condemned
Dr. Ismail Radwan, Minister of Religious Affairs in Gaza, condemned the continuation of negotiation between Israeli and Palestinian authorities despite the national consensus on its rejection.
During his participation in a workshop concerning the current Palestinian situation, Radwan said that the Palestinian situation is “painful” in light the continued detention of thousands of Palestinian behind Israeli bars, escalated Judaization schemes, and security coordination between Israeli and Palestinian forces, in addition to the Islamic nations preoccupation with their internal problems.
Radwan praised the workshop, which contained participants from all Palestinian political parties, considering it a contribution to national reconciliation.
Radwan pointed to the Israeli settlers’ escalated break-ins into al-Aqsa mosque under Israeli forces’ protection in total disregard of Muslims’ feelings and freedom of religion.
He said that the continued Israeli violations in al-Aqsa Mosque aim at imposing a new fait accompli in al-Aqsa Mosque and toward building their alleged Temple on its ruins, stressing that what is happening to Jerusalem is a shame on leaders of the Islamic nations.
He praised the steadfastness of the Palestinian people in Jerusalem who continue to defend al-Aqsa Mosque.
Radwan said that the unfair Israeli siege on Gaza aims at undermining Palestinian resistance, praising Gazan people’s steadfastness.
Radwan called on the Fatah movement to implement Doha and Cairo agreements that stipulate the formation of a national unity government and achieving national reconciliation.
Commenting on a statement by one of the participants, Radwan stressed that resistance is a “red line”, adding that it is a strategic option for the Palestinian people.
Freedom is guaranteed to all Palestinian people under the rule of law, he finally said in response to a question by one of the participants.
Related articles
- Israeli forces detain three Palestinians trying to enter Al-Aqsa (altahrir.wordpress.com)
- Israeli Extremists Invade Yards Of The Al-Aqsa Mosque (imemc.org)