Aletho News

ΑΛΗΘΩΣ

ICC Opens Probe Into War Crimes in South Ossetia in 2008

Sputnik – 27.01.2016

According to an ICC statement, Pre-Trial Chamber I of the International Criminal Court has authorized an investigation for the crimes within the ICC jurisdiction, allegedly committed in and around South Ossetia between July 1 and October 10, 2008.

Pre-Trial Chamber I of the International Criminal Court (ICC) has authorized an investigation for the crimes within the ICC jurisdiction, allegedly committed in and around South Ossetia between July 1 and October 10, 2008, according to an ICC statement issued on Wednesday.

“On 13 October 2015, the ICC Prosecutor submitted her “Request for authorization of an investigation pursuant to article 15″ of the Rome Statute, asking for authorization from Pre-Trial Chamber I to proceed with an investigation into the situation in Georgia, for war crimes and crimes against humanity allegedly committed in and around South Ossetia in 2008,” the statement says.

According to the ICC, the Chamber received the representations by or on behalf of 6,335 victims on this matter.

“After examining the request and the supporting material, the Chamber concluded that there is a reasonable basis to believe that crimes within the ICC’s jurisdiction have been committed…in the context of an international armed conflict between 1 July and 10 October 2008,” the document says.

The ICC considers murder, forcible transfer of population and persecution to be crimes against humanity, while attacks against the civilian population, willful killing, intentionally directing attacks against peacekeepers, destruction of property and pillaging are considered war crimes.

In 2008, Georgia launched a military offensive against the breakaway republics of South Ossetia and Abkhazia, which escalated into a five-day war with Russia. Both regions declared independence from Georgia in the early 1990s. Their statehood was recognized by Russia following the 2008 conflict.

January 27, 2016 Posted by | Timeless or most popular, War Crimes | , , , | 1 Comment

UK’s leading pro-Palestine campaign group blocks call to expel Israel from the UN (again)

By Stuart Littlewood | American Herald Tribune | January 26, 2016

At its Annual General Meeting last weekend the Palestine Solidarity Campaign (PSC) threw out a proposal to seek Israel’s expulsion from the United Nations.

Chairman Hugh Lanning is reported to have kicked off proceedings on a positive note saying: “Let us recommit to Palestine to make sure that we make a difference in the coming year.”

But the mask slipped when a motion was put for the PSC’s Executive Committee to:

“request the Government of the United Kingdom, enforced by a petition and lobbying, to submit a motion to the Security Council recommending that the General Assembly expel Israel from the UN in compliance with the UN Charter, Article 6.”

The motion failed — 76 in favour, 116 against. A statement by its main sponsor, Blake Alcott, says that an identical motion to the AGM a year ago was likewise opposed by the PSC leadership who felt “the time is not yet right”. His reaction to this latest rejection was to say: “Pro-Palestinians must wonder how much worse Israel’s crimes must be before the international community takes disciplinary action.”

There is ample reason for calling for Israel’s expulsion from the UN. It chimes very well with the ‘Sanctions’ element of Boycott, Divestment and Sanctions (BDS). And it is a good fit with the sort of measures that, in the ‘Call to Action’ by the BDS Movement, should be maintained until Israel meets its obligation to recognize the Palestinian people’s inalienable right to self-determination and fully complies with the precepts of international law by:

1. Ending its occupation and colonization of all Arab lands and dismantling the Wall

2. Recognizing the fundamental rights of the Arab-Palestinian citizens of Israel to full equality; and

3. Respecting, protecting and promoting the rights of Palestinian refugees to return to their homes and properties as stipulated in UN resolution 194.

Israel clearly isn’t the ‘peace-loving state’ required by UN Charter Article 4. Nor has it fulfilled the four conditions put on its acceptance as a member back in May 1949. As the record shows, Israel has wilfully breached conditions of membership for decades. Many have argued it automatically disqualifies itself by failing to fulfill membership requirements in the first place. Furthermore it continues to show contempt for numerous UN resolution despite frequent reminders.

When considering an appropriate response for civil society to make, suspension sounds ‘softer’ than expulsion as membership can be speedily restored if and when Israel satisfies the other member states that it now conforms. And in the circumstances suspension would surely be more difficult to veto.

But under the rules suspension isn’t an option, it seems. This is what the relevant part of the UN Charter says:

(Article 5) A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.

(Article 6) A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

It might be argued that the passing of numerous UN Security Council resolutions amounts to ‘preventive action’ (although still awaiting ‘enforcement’). But Article 6, which stipulates expulsion, is more clear-cut. Israel has certainly violated every norm, every rule of decency, every principle of humanity in the book. And it continues to do so without showing a shred of remorse.

Too timid to put down a marker for upholding international law?

PSC_599f8Of course Mr Alcott’s motion, if passed, would have been brushed off by the British Government which is pledged by Cameron to protect and reward Israel right or wrong. But that is not the point. The aim of the motion was to put down a marker and provide a focus around which other campaign groups across the world could mobilise, bringing similar pressure to bear on their own governments and creating an irresistible swell of global opinion to ensure international law is eventually upheld.

Where does the PSC go from here, after failing a simple test? How will it now “make a difference” on behalf of the long-suffering Palestinians? The PSC’s media people have been asked twice for comment and further information but are “too busy”.

Right now some 71 UK doctors are pressuring the WMA to revoke the membership of the Israel Medical Association over claims that its doctors perform medical torture on Palestinian patients. According to Press TV/Al Ray, if the British physicians succeed, the Tel Aviv regime will be banned from taking part in international medical conferences and publishing in journals. Evidently our doctors have the balls for firm action, so why not the PSC?

Meanwhile ace propagandist and chief spokesman for the terror regime in Tel Aviv, Mark Regev, is due to take up his appointment as Israel’s ambassador to the UK later this year. His presence here will have special significance. If the PSC and the impotent Palestine Mission in London are the best he’ll come up against, we can expect a media communications massacre.

January 27, 2016 Posted by | Ethnic Cleansing, Racism, Zionism, Illegal Occupation, War Crimes | , , , | Leave a comment

Prosecution planned for 8,000 Ukrainian soldiers who stayed in Crimea

Svezhie Novosti | January 26, 2016

Ukrainian authorities have stated that more than 8,000 military service personnel have been declared on the wanted list. It is reported that the soldiers went over to the side of Russia at the time of the so-called Crimean spring. This was stated by the Military Prosecutor of Ukraine Anatoly Matios. The former Ukrainian servicemen are now wanted, and criminal proceedings have been instituted.

According to Matios, all soldiers declared wanted served in the Ukrainian military units that were located on the peninsula of Crimea, and after Crimea went to Russia, did not return to Ukrainian territory.

The number of Ukrainian soldiers, who betrayed their Ukrainian oath and did not leave the territory of Crimea after the unification with Russia, is huge, more than 8,000 people. All of them are now on the wanted list. Measures against them have already been adopted; if in the near future they cross the Ukrainian border, they will be turned over to the courts.

Translated from Russian by Tom Winter

January 27, 2016 Posted by | Aletho News | , , , | Leave a comment

Kiev must understand there is no alternative to Minsk

By Dr Alexander Yakovenko | RT | January 27, 2016

Nearly a year has passed since the Minsk agreements on the settlement in Ukraine were reached. However, the ongoing crisis in south-east Ukraine and problems arising in the course of the implementation of Minsk-II are still a matter of serious concern.

Kiev has been very selective with respect to its obligations, especially as regards implementation of their key political points. Here are just two examples of the Minsk agreements being grossly violated.

First, on the day of the beginning of the withdrawal of artillery, Kiev had to engage in a dialogue starting consultations with Donetsk and Lugansk representatives on how elections were to be held in April on the basis of Ukrainian law and with OSCE oversight.

The second date outlined in the document is 12 March, i.e. a month after the signing of the Minsk agreements Kiev was required to enact a special status law by adopting a resolution designating the territory that this law was supposed to cover. However, this hasn’t been done. A law was passed, the territories marked, but the law said that it didn’t apply to Donetsk and Lugansk.

Let us also remember the amnesty, because the Minsk agreements clearly say that elections should be held in accordance with the OSCE criteria, one of which is to ensure that no one will be subjected to intimidation, harassment, etc. The statement by the Kiev authorities on “elections first, then amnesty” constitute a serious distortion of the sequence and logic of what was really agreed. In accordance with the OSCE elections criteria, the amnesty should be held before the elections.

While Kiev is not contributing to the implementation of the Minsk agreements, the situation in southeastern Ukraine aggravates. Shelling is often witnessed, including the use of weapons that are supposed to have been withdrawn. This leads to civilian casualties and the destruction of property. Regrettably, yet another appeal for a ceasefire made by the Contact Group on January 13 has not been heeded in full. All of this contributes to the growth of tension and complicates progress in other areas of the settlement.

We believe that there is no alternative to the Minsk-II that is the only recipe for a political settlement to the conflict in Ukraine. That’s why Russia and its international partners, including Germany, France and the US continue an active dialogue on ways to settle the crisis in Ukraine.

Dr Alexander Yakovenko, Russian Ambassador to the United Kingdom of Great Britain and Northern Ireland, Deputy foreign minister (2005-2011). Follow him on Twitter @Amb_Yakovenko

January 27, 2016 Posted by | Deception, Militarism | , | Leave a comment

Syria: Terrorist bombings in Homs require immediate and stern condemnation from Security Council

Syria Online – January 27, 2016

The Foreign and Expatriates Ministry said that the two terrorist bombings that took place in Homs city on Tuesday and other similar terrorist crimes require an immediate and stern condemnation from Security Council and taking deterrent actions against the states that support and fund terrorism.

In two identical letters sent to the UN Secretary-General and to the head of the Security Council, the Ministry said that terrorist organizations detonated a car bomb on Tuesday morning in al-Siteen Street in al-Zahra’a neighborhood in Homs, and that attack was followed by another attack by suicide bomber using an explosive belt, claiming the lives of 24 civilian and injuring more than 100 civilians, some of whom sustained severe injuries, in addition to damaging houses and infrastructures in the area.

The Ministry noted that these bombings were carried out at a time when the date for holding the Geneva 3 meeting, which seeks to push towards a political solution for the crisis in Syria, is approaching.

The letters pointed out that Syria had informed the Security Council and the Secretary-General of numerous terrorist bombings that targeted the very same neighborhood, but sadly none of these attacks and none of the hundreds of victims who were killed or injured in them were paid any attention by the Council and the Secretary-General.

The Ministry said that those two brutal bombings constitute a continuation of the barbaric and methodical terrorist acts committed by terrorist groups in Syria, groups that are supported by well-known regional and international states that employ terrorists to serve their personal political interests and irresponsible agendas, adding that these crimes also constitute a response to the political efforts to find a political solution by Syrians and to the success of national reconciliation efforts.

The letters also noted that the bombings are also an attempt to raise the morale of terrorist groups that are suffering repeated defeats at the hands of the Syrian Arab Army.

The Ministry said that the crimes and massacres committed by terrorist organizations like ISIS, Jabhat al-Nusra, Jaish al-Islam, al-Jabha al-Islamiya, Jaish al-Fateh, Ahrar al-Cham, and the “Free Army” wouldn’t have taken place without the constant arming, equipping, funding, and logistic support provided to terrorists by the governments of certain states.

The letters said that the Syrian government stresses that as per relevant Security Council resolutions and the principles of international law, such terrorist crimes require an immediate and stern condemnation from Security Council and taking deterrent actions against the states that support and fund terrorism whose destructive impact on peace and security isn’t limited to Syria but also affects the entire world.

The Ministry also stressed the need to cooperate and coordinate with the Syrian government in any effort for combating terrorism.

January 27, 2016 Posted by | War Crimes | , , , , | Leave a comment

US troops could remain in Afghanistan for decades – report

RT | January 27, 2016

Thousands of US troops could remain in Afghanistan for decades to come, despite Washington’s plan to pull the majority of soldiers out by early 2017, US military commanders reportedly suggest.

The revelation comes amid concerns about the Afghan government’s vulnerability.

“What we’ve learned is that you can’t really leave,” a senior Pentagon official told the Washington Post on condition of anonymity. “The local forces need air support, intelligence and help with logistics. They are not going to be ready in three years or five years. You have to be there for a very long time.”

Senior US commanders expressed surprise at Al-Qaeda’s resilience in Afghanistan, as well as the Taliban’s continued seizure of large areas of contested territory.

Following the departure of most foreign forces in Afghanistan, the Taliban began to seize district centers and inflict sizable losses on government forces. In addition to the Taliban, US and Afghan forces are now fighting an aggressive branch of Islamic State (IS, formerly ISIS/ISIL).

“No matter what happens in the next couple of years Afghanistan is going to have wide ungoverned spaces that violent extremist organizations can take advantage of,” said Brigadier General Wilson Shoffner, a military spokesman in Afghanistan.

Commanders specifically noted that troops in Helmand province have struggled to maintain control of territory taken by US forces from the Taliban in 2011 and 2012.

“There’s a real will-to-fight issue there,” said a senior military official in Kabul.

The officials told the Post that Afghan troops in Helmand have lacked effective leaders, as well as the weapons and ammunition to hold off Taliban attacks. Some soldiers have been fighting for years without a break, which has led to poor morale and high desertion rates.

Although US officials have pointed to improvements made in the region, such as the time it takes to receive medical help on the battlefield – currently an average of four hours, down from 24 hours in 2013 – Shoffner stressed that other goals will take a long time to achieve.

“How long does it take to grow a 15-year pilot? It takes about 15 years,” he said. “We’re starting a little late with the Air Force.”

President Obama canceled Washington’s initial plan to withdraw the majority of US troops in 2014, shifting to a plan to scale back forces by early 2017. At that point, 5,500 would remain in the country to work with Afghan forces – down from the current 9,800 soldiers. Plans to completely remove all US troops have not been announced.

The decision was seen as a turn-around from Obama’s campaign promise to bring troops home, and his repeated assurance that he does not support the “idea of endless war.”

January 27, 2016 Posted by | Illegal Occupation, Militarism, Progressive Hypocrite, Timeless or most popular | , , , | 2 Comments

Kurdish PYD Not Invited to Syria Talks at Behest of Turkey

teleSUR | January 26, 2016

The U.N. sent invitations to several sides of the Syrian conflict but Syrian Kurds said they had not received an invitation likely due to Turkish pressure.

The United Nations Special Envoy to Syria Staffan de Mistura has sent invitations to warring parties in the Syrian conflict to attend peace talks in Geneva Friday it was revealed Tuesday. Mistura has not officially elaborated on who has been invited, but the head of the Syrian Kurdish PYD group said he has not received an official invitation despite promises.

Mistura said details of the guest list were too “sensitive” to reveal. His office said that he does not expect formal responses but he hopes those invited show up in Switzerland Friday.

One of the most contentious issues in the talks was whether or not the Kurdish PYD will be present at the negotiation table. PYD leader Saleh Muslim, who is currently in Geneva, said he has not received an invitation and is not aware that any Kurdish representatives have been asked to attend. He had earlier told Reuters that he expected an invitation letter.

One of Russia’s demands was the inclusion of the PYD in the peace talks, a stipulation that Washington objected to. But Moscow and Washington reached a compromise last Saturday that both the PYD, a former Syrian official and the Saudi-backed Army of Islam would attend the talks.

Analysts say the PYD were not sent an invitation due to Turkish pressure as Ankara said it would boycott the talks if the Syrian Kurds attend. “There cannot be PYD elements in the negotiating team. There cannot be terrorist organisations. Turkey has a clear stance,” Turkish Foreign Minister Mevlut Cavusoglu said Tuesday.

The PYD, who Turkey labels a terrorist organization, has been one of the main forces fighting the Islamic State group and have full control of almost all the Kurdish regions in northern Syria.

Russian Foreign Minister Sergei Lavrov said it would be impossible to reach a peace agreement in Syria without inviting Kurds to join the negotiating process. The PYD says the autonomous government they have established in the northeast is a decentralized model for how to resolve a war that has splintered the country.

Meanwhile, the Saudi-backed Higher Negotiations Committee (HNC), an opposition body made of several anti-government groups, have threatened a boycott unless Russian and Syrian forces stop operations in rebel-held areas.

The HNC met in Riyadh Tuesday to debate whether it would attend and confirmed to the French news agency AFP that it had received an invitation. “The response will be a request for clarifications and not an acceptance or rejection,” the unnamed source told AFP.

HNC member Salem al-Meslet said the group would resume talks Wednesday, adding that the “climate is positive.” However, the HNC says they should be the only opposition delegation and that the Kurdish PYD should be part of the government delegation.

The Syrian government has confirmed that it is attending the talks.

Other opposition figures who don’t belong to the Kurdish side or the HNC side have said they have received invitations to attend and will be present. “I am on my way to Geneva after receiving an invitation,” said Qadri Jamil, a former deputy Syrian Prime Minister who was sacked in 2013 and has good ties with Russia.

The developments come as the Syrian government has been making major advances against the rebels in recent weeks.

On Monday they captured the rebel-held town of Sheikh Maskin in southern Syria near the border with Jordan. The Syrian army also took control of Rabia Sunday, another major town in the northern Latakia province in a bid to cut supply lines for rebels through Turkey.

January 27, 2016 Posted by | Militarism | , , | Leave a comment

Life Terms for Turkish Journalists who Reported Shipping Arms to Syria Militants

Al-Manar | January 27, 2016

Turkish prosecutors demanded life sentences for two top journalists who reported that President Recep Tayyip Erdogan’s government tried to ship arms to insurgents in Syria.

Prosecutors asked the Istanbul court to sentence Cumhuriyet newspaper’s editor-in-chief Can Dundar and Ankara bureau chief Erdem Gul each to one aggravated life sentence, one ordinary life sentence and 30 years in jail, the Dogan news agency reported, quoting the indictment.

The report said that both Erdogan and his hugely powerful but low-profile ally, the head of the National Intelligence Organization (MIT) Hakan Fidan, are named as plaintiffs in the indictment.

Dundar and Gul were both placed under arrest in late November over the report earlier in the year that claimed to show proof that a consignment of weapons seized at the border in January 2014 was bound for Takfiri militants in Syria.

Since then, they have both been held in the Silivri jail on the outskirts of Istanbul ahead of their trial, whose date has still yet to be announced.

In the indictment, they have been formally charged with obtaining and revealing state secrets “for espionage purposes” and seeking to “violently” overthrow the Turkish government as well as aiding an “armed terrorist organization”, it said.

The penalties demanded by the prosecutors are significantly higher than had previously been expected.

The case has amplified concerns about press freedom under the rule of Erdogan, who had personally warned Dundar he would “pay a price” over the front-page story.

January 27, 2016 Posted by | Civil Liberties, Full Spectrum Dominance, War Crimes | , , , | 2 Comments

Saudi war on Yemen violates humanitarian law: UN panel

Press TV – January 27, 2016

A UN panel of experts says Saudi Arabia’s months-long war on impoverished Yemen has violated the humanitarian law as many of the airstrikes have been carried out on civilian targets.

The UN experts have called on the UN Security Council to “investigate reports of violations of international humanitarian law and human rights law in Yemen by all parties and to identify the perpetrators of such violations,” AFP reported on Tuesday.

The report added that Saudi warplanes had carried out 120 sorties, involving documented airstrikes on refugee camps, weddings, buses, medical facilities, residential areas, mosques, markets, factories, food warehouses, schools and airports.

“Many attacks involved multiple air strikes on multiple civilian objects,” the report further said, adding that “civilians are disproportionately affected” by the unabated aerial aggression. It also denounced Riyadh’s crippling blockade on Yemen, which constitutes “the prohibited use of starvation as a method of warfare.”

Saudi Arabia began its military aggression against Yemen in late March last year. The strikes are supposedly meant to undermine the Ansarullah movement and restore power to the fugitive former president, Abd Rabbuh Mansur Hadi.

Some 8,300 people have been killed and over 16,000 others injured since the strikes began. The Saudi war has also taken a heavy toll on Yemen’s infrastructure.

Yemenis have been carrying out retaliatory attacks on the Saudi forces deployed in the country as well as targets inside Saudi Arabia.

January 27, 2016 Posted by | War Crimes | , , | 1 Comment

Documents Uncover NYPD’s Vast License Plate Reader Database

By Mariko Hirose | NYCLU | January 25, 2016

Supporters of license plate readers are fond of saying that unless you’re a criminal, you needn’t fear the invasive technology. But those who adhere to that argument should consider just a few examples from around the country:

  • A police officer in Washington D.C. pleaded guilty to extortion after looking up the plates of cars near a gay bar and blackmailing the car’s owners.
  • The DEA contemplated using license plate readers to monitor people who were at a gun show. Since the devices can’t distinguish between those who are selling illegal guns and those who aren’t, a person’s presence at the gun show would have landed them in a DEA database.
  • A SWAT team in Kansas raided a man’s house where his wife, 7-year-old daughter, and 13-year-old son lived based in part on the mass monitoring of cars parked at a gardening store. The man was held at gunpoint for two hours while cops combed through his home. The police were looking for a marijuana growing operation. They did not find that or any other evidence of criminal activity in the man’s house.

With these stories firmly in mind, the New York Civil Liberties Union’s latest license plate reader discovery is all the more chilling.

Last year, we learned that the NYPD was hoping to enter into a multi-year contract that would give it access to the nationwide database of license plate reader data owned by the company Vigilant Solutions. Now, through a Freedom of Information Law request, the NYCLU has obtained the final version of the $442,500 contract and the scope-of-work proposal that gives a peek into the ever-widening world of surveillance made possible by Vigilant.

Surveillance is about power. Vigilant gives the NYPD power to monitor our whereabouts and, by extension, our affiliations, interests, activities and beliefs.

The scope-of-work proposal explains how Vigilant vastly expands the NYPD’s surveillance capability beyond what was possible with its own license plate database. Known as the Domain Awareness System, it collects the license plate data scanned by the approximately 500 license plate readers operated by the NYPD and combines it with footage from cameras and other surveillance devices around the city. The NYPD holds on to the license plate data for at least five years regardless of whether a car triggers any suspicion.

The Vigilant database raises similar privacy concerns as the Domain Awareness System, but those concerns are greatly magnified because the Vigilant database is massive: It contains over 2.2 billion location data points, and it is growing by almost a million data points per day. The database also isn’t limited to New York City, which means the NYPD can now monitor your car whether you live in New York or Miami or Chicago or Los Angeles. (See Vigilant’s Nationwide Scan Density Map on page 64.) Even more worrisome, the data comes from private license plate readers that scan locations that the police are less likely to scan: residential areas, apartment complexes, retail areas, and business office complexes with large employee parking areas. And, as far as we can tell, there is no limit on how long Vigilant keeps all of this private location data. There is no incentive for Vigilant to delete any data because its business model is to profit off of selling people’s data.

The Vigilant database also boasts “full suite data analytics tools.” These tools allow police officers to track cars historically or in real time, conduct a virtual “stakeout,” figure out which cars are commonly seen in close proximity to each other, and predict likely locations to find a car.

With this volume of private data and these types of tools, Vigilant enables the NYPD to learn intimate details about people’s lives with a click of a mouse. Through the “stakeout” feature, the NYPD may learn who was at a political rally, at an abortion clinic, or at a gay bar. Through the predictive analysis, the NYPD may learn that a person is likely to be near a mosque at prayer time or at home during certain hours of the day.  Through the “associate analysis,” the NYPD may come to suspect someone of being a “possible associate” of a criminal when the person is simply a family member, a friend, or a lover.

Until now, law enforcement agencies under contract with Vigilant, including the NYPD, have said very little in public about how they use the database and what privacy protections they implement. That needs to change. Fifty police officers at the NYPD’s Real Crime Center have access to the Vigilant database and tools every day. The public has the right to know what rules regulate their access and what oversight mechanisms, if any, are in place. They have the right to know when and how the police are using the database and what the consequences are.

Surveillance is about power. Vigilant gives the NYPD power to monitor our whereabouts and, by extension, our affiliations, interests, activities and beliefs. By demanding answers to critical questions about NYPD’s use of Vigilant and other surveillance tools, New Yorkers can begin to take back the power imbalance created by the new era of mass digital surveillance.

January 26, 2016 Posted by | Civil Liberties, Corruption, Full Spectrum Dominance | , , | 1 Comment

“No Cost” License Plate Readers Turn Texas Police into Mobile Debt Collectors and Data Miners

By Dave Maass | EFF | January 26, 2016

Vigilant Solutions, one of the country’s largest brokers of vehicle surveillance technology, is offering a hell of a deal to law enforcement agencies in Texas: a whole suite of automated license plate reader (ALPR) equipment and access to the company’s massive databases and analytical tools—and it won’t cost the agency a dime.

Even though the technology is marketed as budget neutral, that doesn’t mean no one has to pay. Instead, Texas police fund it by gouging people who have outstanding court fines and handing Vigilant all of the data they gather on drivers for nearly unlimited commercial use.

ALPR refers to high-speed camera networks that capture license plate images, convert the plate numbers into machine-readable text, geotag and time-stamp the information, and store it all in database systems. EFF has long been concerned with this technology, because ALPRs typically capture sensitive location information on all drivers—not just criminal suspects—and, in aggregate, the information can reveal personal information, such as where you go to church, what doctors you visit, and where you sleep at night.

Vigilant is leveraging H.B. 121, a new Texas law passed in 2015 that allows officers to install credit and debit card readers in their patrol vehicles to take payment on the spot for unpaid court fines, also known as capias warrants. When the law passed, Texas legislators argued that not only would it help local government with their budgets, it would also benefit the public and police. As the bill’s sponsor, Rep. Allen Fletcher, wrote in his official statement of intent:

[T]he option of making such a payment at the time of arrest could avoid contributing to already crowded jails, save time for arresting officers, and relieve minor offenders suddenly informed of an uncollected payment when pulled over for a routine moving violation from the burden of dealing with an impounded vehicle and the potential inconvenience of finding someone to supervise a child because of an unexpected arrest.

The bill was supported by the criminal justice reform groups such as the Texas Criminal Justice Coalition, but it also raised concerns by respected criminal justice blogger Scott Henson of Grits For Breakfast, who theorized that the law, combined with ALPR technology, could allow police officers to “cherry pick drivers with outstanding warrants instead of looking for current, real-time traffic violations.”

He further asked:

Are there enough departments deploying license plate readers to cause concern? Will they use them in such a fashion? How will anyone know? Is it possible to monitor—or better, measure—any shift in on-the-ground police priorities resulting from the new economic incentives created by the bill?

As it turns out, contracts between between Vigilant and Guadalupe County and the City of Kyle in Texas reveal that Henson was right to worry.

The “warrant redemption” program works like this. The agency gets no-cost license plate readers as well as free access to LEARN-NVLS, the ALPR data system Vigilant says contains more than 2.8-billion plate scans and is growing by more than 70 million scans a month. This also includes a wide variety of analytical and predictive software tools.

The government agency in turn gives Vigilant access to information about all its outstanding court fees, which the company then turns into a hot list to feed into the free ALPR systems. As police cars patrol the city, they ping on license plates associated with the fees. The officer then pulls the driver over and offers them a devil’s bargain: go to jail, or pay the original fine with an extra 25% processing fee tacked on, all of which goes to Vigilant.1 In other words, the driver is paying Vigilant to provide the local police with the technology used to identify and then detain the driver. If the ALPR pings on a parked car, the officer can get out and leave a note to visit Vigilant’s payment website.

But Vigilant isn’t just compensated with motorists’ cash. The law enforcement agencies are also using the privacy of everyday drivers as currency.

From Vigilant Solutions contract with City of Kyle

Buried in the fine print of the contract with Vigilant is a clause that says the company also get to keep a copy of all the license-plate data collected by the agency, even after the contract ends. According the company’s usage and privacy policy, Vigilant “retains LPR data as long as it has commercial value.” Vigilant can sell or license that information to other law enforcement bodies, and potentially private companies such as insurance firms and repossession agencies.

In early December 2015, Vigilant issued a press release bragging that Guadalupe County had used the systems to collect on more than 4,500 warrants between April and December 2015. In January 2016, the City of Kyle signed an identical deal with Vigilant. Soon after, Guadalupe County upgraded the contract to allow Vigilant to dispatch its own contractors to collect on capias warrants.

Alarmingly, in December, Vigilant also quietly issued an apology on its website for a major error:

During the second week of December, as part of its Warrant Redemption Program, Vigilant Solutions sent several warrant notices – on behalf of our law enforcement partners – in error to citizens across the state of Texas. A technical error caused us to send warrant notices to the wrong recipients.

These types of mistakes are not acceptable and we deeply apologize to those who received the warrant correspondence in error and to our law enforcement customers.

Vigilant is right: this is not acceptable. Yet, the company has not disclosed the extent of the error, how many people were affected, how much money was collected that shouldn’t have been, and what it’s doing to inform and make it up to the people affected. Instead, the company simply stated that it had “conducted a thorough review of the incident and have implemented several internal policies.”

We’re unlikely to get answers from the government agencies who signed these contracts. To access Vigilant’s powerful online data systems, agencies agree not to disparage the company or even to talk to the press without the company’s permission:

From Vigilant Solutions LEARN-NVLS User Agreement

You shall not create, publish, distribute, or permit any written, electronically transmitted or other form of publicity material that makes reference to the LEARN LPR Database Server or this Agreement without first submitting the material to Vigilant and receiving written consent from Vigilant thereto…

You agree not to use proprietary materials or information in any manner that is disparaging. This prohibition is specifically intended to preclude you from cooperating or otherwise agreeing to allow photographs or screenshots to be taken by any member of the media without the express consent of LEARN-NVLS. You also agree not to voluntarily provide ANY information, including interviews, related to LEARN products or its services to any member of the media without the express written consent of LEARN-NVLS.

You might very well ask at this point about the legality of this scheme. Vigilant anticipated that and provided the City of Kyle with a slide titled “Can I Really Do This?” which cited a law that they believe allows for the 25% surcharge.

The law states that a county or municipality “may only charge a fee for the access or service if the fee is designed to recover the costs directly and reasonably incurred in providing the access or service.”

We believe that a 25% fee is not reasonable and doesn’t recover just the direct costs, since the fee is actually paying for the whole ALPR system, including surveillance capabilities unrelated to warrant redemption, such as access to the giant LEARN-NVLS database and software suite.

Beyond that, the system raises a whole host of problems:

  • It turns police into debt collectors, who have to keep swiping credit cards to keep the free equipment.
  • It turns police into data miners, who use the privacy of local drivers as currency.
  • It not-so-subtly shifts police priorities from responding to calls and traffic violations to responding to a computer’s instructions.
  • Policy makers and the public are unable to effectively evaluate the technology since the contract prohibits police from speaking honestly and openly about the program.
  • The model relies on debt: there’s no incentive for criminal justice leaders to work with the community to reduce the number of capias warrants, since that could result in losing the equipment.
  • People who have committed no crimes whatsoever have their driving patterns uploaded into a private system and no opportunity to control or watchdog how that data is disseminated.

There was a time where companies like Vigilant marketed ALPR technology as a way to save kidnapped children, recover stolen cars, and catch violent criminals. But as we’ve long warned, ALPRs in fact are being deployed for far more questionable practices.

The Texas public should be outraged at the terrible deals their representatives are signing with this particular surveillance contractor, and the legislature should reexamine the unintended consequences of the law they passed last year.

  • 1. The contracts are inconsistent on how this fee breaks down. For example, the City of Kyle contract lists 5% of “credit card processing,” 5% for “credit card handling,” and 15% for a “vendor transaction fee.”

January 26, 2016 Posted by | Civil Liberties, Corruption, Full Spectrum Dominance | , | Leave a comment

The Iraq War’s Known Unknowns

By Ray McGovern | Consortium News | January 26, 2016

There is a lot more than meets the eye in the newly revealed Joint Chiefs of Staff intelligence briefing of Sept. 5, 2002, which showed there was a lack of evidence that Iraq had weapons of mass destruction (WMD) – just as President George W. Bush’s administration was launching its sales job for the Iraq War.

The briefing report and its quick demise amount to an indictment not only of Defense Secretary Donald Rumsfeld but also of Chairman of the Joint Chiefs Richard Myers, who is exposed once again as a Rumsfeld patsy who put politics ahead of his responsibility to American soldiers and to the nation as a whole.

In a Jan. 24 report at Politico entitled “What Donald Rumsfeld Knew We Didn’t Know About Iraq,” journalist John Walcott presents a wealth of detail about the JCS intelligence report of Sept. 5, 2002, offering additional corroboration that the Bush administration lied to the American people about the evidence of WMD in Iraq.

The JCS briefing noted, for example: “Our knowledge of the Iraqi (nuclear) weapons program is based largely – perhaps 90% – on analysis of imprecise intelligence.”

Small wonder that the briefing report was dead on arrival in Rumsfeld’s in-box. After all, it proved that the intelligence evidence justifying war was, in Rumsfeldian terms, a “known unknown.” When he received it on Sept. 5 or 6, the Defense Secretary deep-sixed it – but not before sending it on Sept. 9 to Gen. Richard Myers (who he already knew had a copy) with a transparently disingenuous CYA note: “Please take a look at this material as to what we don’t know about WMD. It is big. Thanks.”

Absent was any notation such as “I guess we should tell the White House to call off its pro-war sales campaign based on Iraq possessing WMD since we don’t got the goods.” Without such a direct instruction, Rumsfeld could be sure that Gen. Myers would not take the matter further.

Myers had already proven his “company man” mettle by scotching a legal inquiry that he had just authorized to provide the armed forces with guidance on permitted interrogation techniques. All that it took to ensure a hasty Myers retreat was a verbal slap-down from Rumsfeld’s general counsel, William James Haynes II, as soon as Haynes got wind of the inquiry in November 2002. (More on that below.)

The more interesting story, in my view, is not that Rumsfeld was corrupt (yawn, yawn), but that so was his patsy, Air Force Gen. Richard Myers, the country’s top uniformed military officer at the time. Myers has sported a well-worn coat of blue Teflon up until now.

Even John Walcott, a member of the Knight-Ridder team that did the most responsible pre-Iraq-War reporting, lets the hapless Myers too easily off the hook in writing: “Myers, who knew as well as anyone the significance of the report, did not distribute it beyond his immediate military colleagues and civilian boss, which a former aide said was consistent with the role of the chairman of the Joint Chiefs.”

Principal Military Adviser to the President

That “former aide” is dead wrong on the last point, and this is key. The Chairman of the Joint Chiefs works directly for two bosses: the President of the United States, whom he serves as the principal military adviser, and the Secretary of Defense. The JCS Chairman has the statutory authority – indeed, the duty – to seek direct access to the President to advise him in such circumstances, bearing on war or peace.

Indeed, in his 2009 memoir, Eyes on the Horizon, Gen. Myers himself writes, “I was legally obligated to provide the President my best military advice — not the best advice as approved by the Secretary of Defense.”

But in reality, Myers wouldn’t and he didn’t. And that – quite simply – is why Rumsfeld picked him and others like him for leading supporting roles in the Pentagon. And so the Iraq War came – and, with it, catastrophe for the Middle East (with related disorder now spreading into Europe).

Could Gen. Myers have headed off the war had he had the courage to assert his prerogative to go directly to President Bush and tell him the truth? Sad to say, with Bush onboard as an eager “war president” and with Vice President Dick Cheney and Rumsfeld intimidating the timid Secretary of State Colin Powell and with National Security Advisor Condoleezza Rice and CIA Director George Tenet fully compliant, it is not likely that Myers could have put the brakes on the rush to invade Iraq simply by appealing to the President.

After all, the JCS briefing coincided with the start of the big sales pitch for the Iraq War based on alarming claims about Iraq possessing WMD and possibly developing a nuclear bomb. As White House chief of staff Andrew Card explained the September timing of the ad campaign, “From a marketing point of view, you don’t introduce new products in August.”

Just three days after the date of the JCS intelligence report depicting the shallowness of the intelligence on the issue of WMD in Iraq, the White House, with the help of The New York Times and other “mainstream media,” launched a major propaganda offensive.

On Sept. 8, 2002, a New York Times front-pager – headlined “US Says Hussein Intensifies Quest for A-Bomb Parts” by Judith Miller and Michael Gordon – got the juggernaut rolling downhill to war. Their piece featured some aluminum tubes that they mistakenly thought could be used only for nuclear centrifuges (when they were actually for conventional artillery). Iraq’s provocative behavior, wrote the Times, has “brought Iraq and the United States to the brink of war.”

Or as NSC Advisor Rice summed it up on the Sunday talk shows later that day, “we don’t want the smoking gun to be a mushroom cloud.”

But it was clear the fix was in even earlier. The British “Downing Street Minutes” of July 23, 2002, show that Tenet told his British counterpart, Richard Dearlove, that – as Dearlove described the message to Prime Minister Tony Blair – that “Military action was now seen as inevitable. Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy.”

However, despite the obstacles, Richard Myers, like so many of us, took a solemn oath to support and defend the Constitution of the United States against all enemies foreign and domestic. For many of us who wore the uniform and took “duty, honor, country” seriously, it is hard to give Myers a get-out-of-jail-free card when it comes to blame for the Iraq War.

No matter the odds against success, his duty was to go directly to the President and make the case. If he was rebuffed, he should have quit and gone public, in my view. (How long has it been since anyone of high rank has quit on principle?)

The Chairman of the Joint Chiefs quitting over plans for an unnecessary war? Not even The New York Times and The Washington Post – as fully in the tank as they were for the Iraq War – would have been able to suppress that story in 2002. And, had Myers gone public he might have succeeded in injecting slippery grease under the rollout of Card’s “new product.”

Imagine what might have happened had Myers gone public at that point. It is all too easy to assume that Bush and Cheney would have gotten their war anyway. But who can tell for sure? Sometimes it takes just one senior official with integrity to spark a hemorrhage of honesty. However the outcome would have turned out at least Myers would been spared the pain of looking into the mirror every morning – and thinking back on what might have been.

A Modern Rumsfeld General

This was not the first time that Myers, who served as JCS chairman from 2001 to 2005, was derelict in duty by playing the toady. He had acquiesced in Bush’s and Rumsfeld’s approval of torture in February 2002, even before going along with a gross violation of international law – launching the attack on Iraq absent any imminent threat and without the required approval by the UN Security Council.

On torture, the seldom mentioned smoking gun was a two-page executive memorandum signed by George W. Bush on Feb. 7, 2002, in which the President declared that Common Article 3 of the Geneva Conventions did not apply to Al Qaeda and Taliban detainees. Instead, they would be treated “humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva,” the memo said, using vague and permissive language that, in effect, opened the door to torture and other abuses. Gen. Myers was one of eight addressees.

On May 11, 2009 Myers was in Washington peddling his memoir Eyes on the Horizon and spoke at a Harvard Business School Alumni dinner. I seldom go to such affairs, but in this case I was glad I had paid my dues, for here was a unique opportunity to quiz Myers. I began by thanking him for acknowledging in his book “the Geneva Conventions were a fundamental part of our military culture.” Then I asked what he had done when he received Bush’s Feb. 7, 2002 memorandum unilaterally creating exceptions to Geneva.

“Just read my book,” Myers said. I told him I had, and cited a couple of sentences from my copy: “You write that you told a senior Pentagon official, Douglas Feith, ‘I feel very strongly about this. And if Rumsfeld doesn’t defend the Geneva Conventions, I’ll contradict him in front of the President.’ Did you?”

Myers claimed that he had fought the good fight before the President decided. But there was no tinge of regret. The sense the general left with us was this: if the President wanted to bend Geneva out of shape, what was a mere Chairman of the Joint Chiefs to do?

Pushing my luck, I noted that a Senate Armed Services Committee report, “Inquiry Into the Treatment of Detainees in U.S. Custody,” had been issued just two weeks earlier (on April 23, 2009). It found that Myers had abruptly aborted an in-depth legal review of interrogation techniques that all four armed services had urgently requested and that he authorized in the fall of 2002. They were eager to get an authoritative ruling on the lawfulness of various interrogation techniques – some of which were already being used at Guantanamo.

Accordingly, Myers’s legal counsel, Navy Captain Jane Dalton, had directed her staff to initiate a thorough legal and policy review of interrogation techniques. It had just gotten under way in November 2002 when Rumsfeld’s general counsel, William James Haynes II, ordered Myers to stop the review.

Haynes “wanted to keep it much more close-hold,” Dalton told the Senate committee, so she ordered her staff to stop the legal analysis. She testified that this was the only time in her career that she had been asked to stop working on a request that came to her for review.

I asked Gen. Myers why he halted the in-depth legal review. “I stopped the broad review,” Myers replied, “but I asked Dalton to do her personal review and keep me advised.” When Senate committee members asked him about stopping the review, Myers could not remember.

On Nov. 27, 2002, shortly after Haynes told Myers to stop Dalton’s review despite persisting legal concerns in the military services – Haynes sent Rumsfeld a one-page memo recommending that he approve all but three of 18 techniques requested by the interrogators in Guantanamo.

Techniques like stress positions, nudity, exploitation of phobias (like fear of dogs), deprivation of light, and auditory stimuli were all recommended for approval. On Dec. 2, 2002, Rumsfeld signed Haynes’s recommendation, adding a handwritten note referring to the use of stress positions: “I stand for 8-10 hours a day.  Why is standing limited to 4 hours?”

A Different JCS Chairman

Other JCS chairmen have not been as compliant as Myers was. For instance, a decade after Myers acceded to Bush’s rush to war in Iraq, JSC Chairman Martin Dempsey smelled a rat when Secretary of State John Kerry – along with neocons, liberal hawks and the mainstream media – rushed toward full-scale war on Syria by pinning the blame on President Bashar al-Assad for the fatal sarin gas attack outside Damascus on Aug. 21, 2013.

Comparisons can be invidious, but Dempsey is bright, principled, and no one’s patsy. It did not take him long to realize that another “regime change” scheme was in play with plans to get the U.S. directly involved in a shooting war with Syria. As more intelligence came in, the sarin attack increasingly looked like a false-flag attack carried out by radical jihadists to draw the U.S. military in on their side.

This new war could have started by syllogism: (a) get President Barack Obama to draw a “red line” against the use of chemical weapons in Syria; (b) stage a chemical attack that would be quickly blamed on Assad for violating the red line; and (c) mousetrapping Obama into making good on his threat of “enormous consequences.”

That Obama pulled back at the last minute was a shock to those who felt sure they had found a way to destroy the Syrian army and clear the way for Assad’s violent removal – even if the result would have been a likely victory for Al Qaeda and/or the Islamic State. After all, neocon/liberal-hawk thinking has long favored “regime change” whatever the consequences, as the wars in Iraq and Libya have demonstrated.

But Gen. Dempsey became a fly in the regime-changers’ ointment. In contrast to Myers, Dempsey apparently saw the need to go directly to the President to head off another unnecessary war. The evidence suggests that this is precisely what he did and that he probably bypassed Defense Secretary Chuck Hagel in the process since time was of the essence.

Dempsey had already told Congress that a major attack on Syria should require congressional authorization and he was aware that the “evidence” adduced to implicate the Syrian government was shaky at best. Besides, according to investigative reporter Seymour Hersh, British intelligence told the JCS that they had obtained a sample of the sarin used in the Aug. 21 attack and it did not match the sarin known to be in Syrian army stocks.

Actually, it is no secret that Dempsey helped change President Obama’s mind between when Kerry spoke on the afternoon of Aug. 30, accusing Damascus of responsibility and all but promising an imminent U.S. attack on Syria, and when Obama announced less than a day later that he would not attack but rather would seek authorization from Congress.

On the early afternoon of Aug. 31, Obama was unusually explicit in citing Dempsey as indicating why there was no need to rush into another war. Obama said, “the [JCS] Chairman has indicated to me that our capacity to execute this mission is not time-sensitive: it will be effective tomorrow, next week, or one month from now.”

The failure to stampede Obama and the U.S. military into a bombing campaign against Syria was a major defeat for those who wanted another shot at a Mideast “regime change,” primarily the neocons and their “liberal interventionist” allies who still hold sway inside the State Department as well as Washington’s top think tanks and the mainstream U.S. news media – not to mention the Israelis, Saudis, Turks and others who insist that “Assad must go.”

Not surprisingly, on Sept. 1, 2013, as the plans to bomb, bomb, bomb Syria were shoved into a drawer at the Pentagon, Senators John McCain and Lindsey Graham were in high dudgeon – particularly at Dempsey’s audacity in putting the kibosh on their clearly expressed desire to attack Syria post-haste.

(By happenstance, I was given a personal window into the widespread distress over the outbreak of peace, when I found myself sharing a “green room” with some of the most senior neocons at CNN’s main studio in Washington. [See Consortiumnews.com’sHow War on Syria Lost Its Way.”]

Ray McGovern works with Tell the Word, a publishing ministry of the ecumenical Church of the Saviour in inner-city Washington. He served as an Army infantry/intelligence officer in the Sixties and then for 27 years as a CIA analyst. He is co-founder of Veteran Intelligence Professionals for Sanity (VIPS).

January 26, 2016 Posted by | Corruption, Deception, Timeless or most popular, War Crimes | , , , , , , | 2 Comments