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Around 200 masked men storm Kharkov city hall in Eastern Ukraine

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© slava.mavrichev / Facebook
RT – September 23, 2015

At least 200 people wearing camouflage and masks stormed the local administration building in the city of Kharkov, eastern Ukraine, local media said. The perpetrators are alleged to be members of the radical Azov battalion.

The masked men reportedly clashed with police and security forces at the city’s administration building. Those who have entered the building have also reportedly used tear gas, the Ukrainian 112 channel is saying.

The masked activists were seen holding flags with the insignia of the radical Azov Battalion, which is accused of committing numerous human rights violations in Eastern Ukraine, according to international watchdogs.

“There have been several small clashes between police and people in balaclavas. A few minutes ago somebody let off tear gas. The entrance to the city council is surrounded by a tight police cordon,” a journalist at the scene, from the 112 channel reported.

Earlier, at least 50 people wearing camouflage and balaclavas had taken part in a protest in front of the residence of the local politician, Mikhail Dobkin, who represents the ‘Opposition Bloc’ political party, which wants to find a peaceful solution to the current crisis in Ukraine. The masked men had not set out any demands. However, they were reported to have stated their aim was to “to throw Dobkin out of the city and not to let Kernes become Kharkov’s mayor,” according to the 112 channel.

Gennady Kernes has been the mayor of Kharkov since March 2010. Before the coup in Ukraine, he had been a strong supporter of President Viktor Yanokovich. However, he subsequently switched sides and has backed the new Ukrainian government in order to keep his position.

September 23, 2015 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Video | | Leave a comment

UN Special Rapporteur On Torture Issues Sharply Critical Report On Ukraine

Introduction by New Cold War, September 21, 2015

Enclosed is the full report dated September 18, 2015 of Christof Heyns, who is the United Nations’ Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions. His report is titled Ukraine: Lives lost in an accountability vacuum.

Christof Heyns, Special UN Rapporteur on Extrajudicial, Summary or Arbitrary Executions

Christof Heyns, Special UN Rapporteur on Extrajudicial, Summary or Arbitrary Executions

Heyns conducted an official visit to Ukraine from September 8 to 18, 2015. He is a professor of human rights law in Pretoria, South Africa. In contrast to the most recent report of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU), released in early September, Heynes’ report provides the outline of a comprehensive overview of the human rights situation in Ukraine. The result is a rather damning portrait of the governing regime in Kyiv.

The HRMMU report earlier this month is a litany of ‘he said, she said’ anecdotal testimonials strung together in such a way as to leave the reader with the impression that human rights crimes are being perpetrated equally by both sides in the civil war in Ukraine. While Heyns borrows some of the same language, a reading of his report clearly shows that it is the Kyiv regime alone which is guilty of systematic and widespread human rights violations. The accusations cited by Heyns against the rebel regions of Donetsk and Lugansk may or may not be true, but they pale in numbers and scope compared to what Heyns documents on the Kyiv side.

Heyns says that the official investigations by Kyiv into the two large massacres which took place in Ukraine in 2014 are seriously failing. These are the investigations into the Sniper Massacres of Feb 18-20 at Maidan Square in Kyiv, which killed more than 100 police and protesters, and the arson attack in Odessa on May 2 in which at least 48 people perished.

Concerning the Snipers Massacre, there is no mention by Heyns of the video and other evidence being compiled and released by University of Ottawa researcher Ivan Katchanovski and others showing that sniper fire at Maidan Square was directed by extreme-right forces masquerading as part of the Maidan protest itself. But he does make a one-word reference acknowledging doubts about the official government line on events–that the Berkut police of the government overthrown several days later were responsible. That official line has been repeated near universally by Western governments and mainstream media. Heyns writes in his report, “I am concerned that more than 100 people were killed as a result of the firing, allegedly by Berkut and other law enforcement officers of live ammunition at participants. In addition, thirteen police officers were also reportedly killed.” The operative word here is “allegedly”.

Officials in the people’s republics of Donetsk and Lugansk did not meet with Heyns during his official visit. This is no doubt due to the biased record of the Office of the UN High Commissioner for Human Rights with which his office is associated. Concerning the Ukrainian side, Heyns concludes, “Many officials whom I met—particularly in the SBU [Security Service of Ukraine]—simply denied that there was any wrongdoing and pointed to the fact that there are laws in place that meet international standards. There is little hope for progress where this is the approach.”


Ukraine: Lives lost in an accountability vacuum

End of visit statement of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns
Kyiv, Ukraine, 18 September 2015
  1. Introduction
  1. I have conducted an official country visit to Ukraine from 8-18 September 2015. I would like to thank the Government for extending the invitation to me to visit the country, as well as for the open and cooperative approach of the officials I met. I would also like to thank the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU) for the invaluable support received in the preparations and conduct of my visit.
  2. The aim of the visit was to examine the level of protection of the right to life in Ukraine, as well as the efforts undertaken to prevent unlawful killings and ensure accountability justice and redress in such cases.
  3. During my visit, I had the opportunity to hold meetings here in Kyiv, as well as to travel to Zaporizhzhia, Mariupol, Donetsk, Kramatorsk, Kharkiv and Odessa.
  4. During the past two weeks I have held meetings with the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Defence, the Ministry of Internal Affairs, the Office of the Military Prosecutor, the Security Service of Ukraine, the Headquarters of the Anti-Terrorism Operation, the National Security and Defence Council, the High Specialised Court on Civil and Criminal Cases, the Parliamentary Committee on Human Rights, and the Parliamentary Commissioner for Human Rights (Ombudsperson) including her National Preventive Mechanism (NPM). I met with regional administrations, and some regional departments or specialized units of relevant Ministries. I also met with the OSCE Special Monitoring Mission to Ukraine, the General Consulate of the Russian Federation in Odessa, and with other international and national monitors or non-governmental organisations, civil society, and families of victims.
  5. I also had the opportunity to cross the so-called “contact line” and travel to Donetsk, where I met with representatives of various monitoring missions, with representatives of the ‘Office of the commissioner for human rights’ (‘ombudsperson’) of the self-proclaimed ‘Donetsk people’s republic’ and with representatives of the ‘bar association’. I regret that, despite significant efforts on the part of the HRMMU to arrange meetings, no other officials of the self-proclaimed ‘Donetsk people’s republic’ would meet with me. I share HRMMU’s concern for the lack of accountability for the “grave human rights violations and abuses” that have reportedly taken place there since the beginning of the conflict, as I observed no progress in this regard during my stay. I was also able to visit some of the outskirts of the city of Donetsk, including the area surrounding the airport, and to see with my own eyes some of the extensive damage that has been caused, particularly to civilian infrastructure and domiciles, by heavy shelling.
  6. The armed violence that has been taking place in the eastern Donbas region of Ukraine since April of last year has taken a heavy toll on civilians and caused significant internal displacement. Like all other international observers I naturally welcome the renewed ceasefire commitment announced in late August and the fact that this has largely been observed since 1 September.
  7. I regret that I was unable to visit the Autonomous Republic of Crimea. I am aware of several allegations of serious violations of human rights in that territory, and I want to reiterate that in order to ensure the greater protection of all human rights, including the right to life, this area should be made accessible to international missions such as HRMMU. When I met with the consulate of the Russian Federation in Odessa I took the opportunity to underscore the need for such visits to take place.
  8. A detailed report on my findings and recommendations will be presented at the 32nd session of the United Nations Human Rights Council next year. The observations and recommendations presented today are preliminary and will be examined and developed further in the future report.
  1. Legal Framework
  1. The right to life is protected in Article 27 of the Constitution of Ukraine. Ukraine is a state party both to the International Covenant on Civil and Political Rights (ICCPR) and to the European Convention on Human Rights and Fundamental Freedoms (ECHR) which (in Articles 6 and 2 respectively) both protect the inalienable right to life. The ultimate responsibility for the protection of right to life in any country lies with its Government.
  2. Ukraine has many of the building blocks in place to secure the protection of human rights, including the right to life. At the same time the country is facing significant challenges: challenges which if not met in a comprehensive and incisive way threatens to place this goal out of reach.
  3. To a large extent the normative framework has been established: the laws are there, the treaties ratified. The problem lies with establishing a systematic and effective system and a culture of accountability for violations of those norms.
  4. In response to the violence in the East, the Government launched what it refers to as an “anti-terrorist operation” aimed at retaking control of the two regions. However, regardless of classification as anti-terrorism operation, the objective criteria of an armed conflict exist. Indeed, many of those officials I have spoken to have referred to the existence of a “war” in the eastern regions, and nobody in the Government disputes the fact that there is an armed conflict.  There seem to be general consensus that both international humanitarian law and human rights law applies.
  5. Nonetheless, the framing of the conflict as an anti-terrorism operation has led to considerable confusion, both among observers and monitors and in some cases it seems among the participants themselves, about who within the Government is in control of this war? This may lead to uncertainty about responsibility.
  6. In addition, in June 2015 the Government of Ukraine informed the relevant institutions that it would derogate from certain State obligations under the ICCPR and the ECHR. The derogation is envisaged with respect to the right to liberty and security, fair trial, effective remedy, respect for private and family life and freedom of movement, and should be applied in certain districts of the Donetsk and Luhansk regions. The derogation thus includes certain rights (including effective remedy and procedural rights such as the supervision by judicial bodies of the lawfulness of detention) that the UN Human Rights Committee has interpreted as non-derogable. With respect to my mandate, I am particularly concerned that these elements of the derogation may create an environment in places of detention that may facilitate incommunicado or secret detention, torture, ill-treatment, executions and disappearances.
  7. I note that among the package of measures agreed in the Minsk Agreements is a proposal that there be a general amnesty by way of legislation forbidding prosecution or punishment of persons in relation to events that have taken place in the eastern Donbas region. While supportive of measures aimed at de-escalating tensions, I am concerned that such legislation could amount to fostering impunity for grave violations of human rights by all parties.  Any amnesty devised should be interpreted in such a way as not to include immunity for at least international crimes, such as war crimes and crimes against humanity.
  8. Ukraine has committed to accepting the jurisdiction of the International Criminal Court, and signed the Rome Statute in 2000, but a technical constitutional impediment has delayed ratification. I understand that this impediment will be overcome in the proposed reform of the constitution, but in the meantime I welcome the fact that on 8 September the Government sent a declaration to the ICC Office of the Prosecutor under Article 12(3) of the Rome Statute, giving to the Court ad hoc jurisdiction “for the purpose of identifying, prosecuting and judging the perpetrators and accomplices of acts committed in the territory of Ukraine since 20 February 2014.” The Prosecutor of the ICC has confirmed that she will open a “preliminary examination” in order to establish whether the criteria for opening an investigation are met.

III.       Securing the right to life in wider Ukraine

  1. In the context of assemblies
  1. A State’s conduct with respect to assemblies should flow from its responsibility to facilitate and to enable peaceful assemblies. It should be underlined that the right to life continues to apply during any assembly (whether peaceful or not) and that therefore there is no such thing as an unprotected assembly. There was agreement among those officials with whom I met that the principal role for the police within the context of assemblies was that of protecting citizens. In this connection it was pointed out that only in rare circumstances would police be sent carrying firearms to manage an assembly.
  2. I want briefly to elaborate on two examples where it appears that the State failed in its responsibilities with respect to large-scale assemblies, both emblematic cases within the current situation in Ukraine:

(i)           Maidan Protest

  1. With respect to the use of force against protesters in the Maidan protest, most significantly between 18-20 February 2014, I am concerned that more than 100 people were killed as a result of the firing, allegedly by Berkut and other law enforcement officers of live ammunition at participants. In addition, thirteen police officers were also reportedly killed.  As with any use of lethal force by police officers it is vital that there be a prompt, thorough, and impartial investigation into the events to establish that the use of force was both necessary and proportionate.
  2. In this connection, I am greatly concerned by the apparent shortcomings of the investigation into these events. While what process there is seems to be progressing very slowly, having reached court-level proceedings now in a very limited number of cases, there are more systemic failings.  The escape of a principal suspect from house arrest, as well as the loss of a great deal of vital physical evidence are both issues that should themselves be independently investigated.

(ii)          Events of 2 May in Odessa

  1. I have also had the opportunity to hear more about the events of 2 May 2014 in Odessa, where at least 48 people died as a result of clashes between rallies of opposing political opinion to which authorities appear to have reacted in an either deliberate, ill-prepared or negligent fashion. According to the accounts I received from people who were on the scene, the police held a low profile as the crisis was evolving and did not intervene to prevent or stop the violence at the Kulykove Pole square. The fire brigade, which is located very close to the Trade Unions building where many protestors burned to death, failed to respond for 45 minutes to urgent calls that they received. While both pro-unity and pro-federalism groups played a part in the escalation of violence on that day, the subsequent criminal prosecutions for hooliganism or public disorder appear to have been initiated against participants in a partial fashion.
  2. I am concerned by allegations of numerous failings in the official investigation into the events of that day. By allowing almost immediate access of the scene to ‘pro-unity’ protesters, members of the public or to municipal authorities, investigators lost a large proportion of potentially valuable forensic evidence. Meanwhile I am worried by indications that the Government has significantly reduced the size of the team investigating these events in the past year, before it has had an opportunity to report. The slow progress of the investigation and the lack of transparency with which it is being conducted have contributed to a great deal of public dissatisfaction and provided a fertile environment for rumour and misinformation. It is disconcerting that the Special Unit of the Ministry of Internal Affairs that investigates the 2 May events cancelled our appointment in Odessa at short notice, without any explanation.
  3. I am further concerned that administrative and personal impediments seem to have been imposed to prevent or at least discourage the families of those who died from obtaining the status of suffering or affected persons before the Courts. Meanwhile I am greatly alarmed by reports of the extent to which authorities are tolerating both verbal and physical intimidation both of families attending court proceedings and of the judges of those cases, not only outside the court building, but also inside it and in the court room itself.
  4. I welcome the support that the International Advisory Panel on Ukraine, established by the Secretary General of the Council of Europe, is providing to the Government in order to ensure that the investigations into both incidents are in line with the European Convention on Human Rights.
  1. In the context of detention
  1. Though issues concerning the treatment of detainees falls more squarely within the mandate of my colleague the Special Rapporteur on torture and cruel, inhuman or degrading treatment, violence or other threats to life within detention facilities can lead directly to deaths for which the State has a heightened responsibility.  For this reason, wherever possible, I try also to visit places of detention on my country visits, so as to assess these threats firsthand.
  2. It seems that the Office of the Ombudsperson and the NPM created within it are relatively free to exercise their responsibilities to conduct unannounced visits both to pre-trial detention facilities (SIZO) and to penal colonies, and that this access provides an effective system of protection for the rights of those detained. Among the principle threats to life for detained persons in Ukraine are diseases such as TB and HIV. In the Donetsk region, for example, the rate of TB is allegedly 10 times higher in the prison population than in the general population. I welcome the partnership between the Penitentiary Service and the international NGO Médecins Sans Frontièrs which is aimed at providing specialised care to those detainees with TB.
  3. Detainees with whom I spoke had few complaints about conditions in the pre-trial detention facilities. However several made allegations of ill-treatment at earlier stages of their detention. There is a systematic pattern of complaints about ill-treatment at the hands of agents they identified to be members of the SBU, whom one interlocutor described as ‘untouchable’. I found it very difficult to establish from any officials the locations in which it is possible such abuses may have taken place, whether police temporary detention facilities (IVSs) or other sites. I could find no evidence of asystem of oversight that could effectively investigate any abuses that might (even infrequently) occur or protect detainees against them.
  1. Violence by armed militia groups
  1. While the majority of the “volunteer battalions” have from a military perspective now been incorporated into the formal structures of the Ukrainian Armed Forces, there remain a small number of potentially violent militia groups, such as the Right Sector, that act seemingly on their own authority, thanks to a high level of official tolerance, and with complete impunity.
  2. I am concerned by cases of bodily attacks on journalists or writers, including the cases of Oles Buzyna (who was killed in April 2015 in Kyiv) and that of Sergii Dolgov (who was arrested or disappeared in July 2014 in Mariupol by Azov Battalion).
  3. Some I met with expressed concerns that the lack of official mechanisms for combatants to be demobilised after fighting in the East may be contributing to this violent potential in wider Ukraine.
  4. Of particular concern is the extent to which these groups use violence or, more commonly, threats of violence, to exert pressure on persons holding dissenting views, the judicial system and on other mechanisms of accountability.

D            Accountability for violations

  1. In many of the meetings I held with officials during my visit I tried to explore the mechanisms of accountability that exist in current or proposed legislation and how they should function. As noted above, I leave with the impression that in many instances the formal processes exist or will shortly exist, however I am concerned that—with the exception of the Office of the Ombudsperson and its NPM—these mechanisms are not being effectively used.  Indeed, even the NPM, which appears to be achieving its objective as a preventive mechanism, cannot fully act as an accountability mechanism since it only make recommendations to the Office of the Prosecutor, which is not compelled to take up cases.
  2. Several practising lawyers with whom I met identified the reluctance of the Office of the Prosecutor, combined with the close relationship between the Prosecutor and the judicial authorities, as the principal impediment to pursuing allegations of ill-treatment on behalf of their clients.
  1. The right to life in eastern Donbas
  2. General observations on the conduct of hostilities
  1. As noted above, I welcome the fact that it seems that there have only been very limited violations of the ceasefire on either side of the “contact line” since 31 August.  I hope that this ceasefire continues to hold and that it provides a space for more thorough-going de-escalation of the conflict.
  2. Over the past 18 months, however, the conflict has exacted a heavy human price. Last week the HRMMU released their latest report on the human rights situation in Ukraine, estimating that a total of nearly 8,000 have now been killed and more than 17,000 injured in the course of hostilities.
  3. The majority of these deaths have been caused by shelling, which it would appear on both sides has been taken place indiscriminately or with inadequate precautionary steps taken to protect civilians.
  4. I am also concerned by allegations that the conflict is being waged in part using inherently indiscriminate weapons such as cluster munitions and landmines, including anti-personnel mines. Ukraine is party to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, which establishes an absolute prohibition to use anti-personnel mines “under any circumstances”. I also note with concern that Ukraine failed to fulfil its commitment to destruct all its stockpiled anti-personnel mines before 1 June 2010. According to its official reports, Ukraine still retains over 5 million anti-personnel mines.
  5. I am also concerned by the threat that unexploded ordnance (UXO) and other explosive remnants of war pose against civilian lives, particularly children. The HRMMU has already verified numerous civilian casualties as a result of UXO left in the battleground both in Government-controlled areas and in territories controlled by the armed groups. I would like to remind the Government of its obligations under the fifth Protocol to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, on Explosive Remnants of War. According to the Protocol, which Ukraine ratified in 2005, state parties have to mark and clear, remove or destroy, as soon as feasible, all explosive remnant of war in territories under their control. In case explosive ordnance used by Ukraine remains in territory outside of its control, the Government has the obligation to provide assistance and information to facilitate the marking, clearance removal or destruction of the ordnance by a third party. Throughout the hostilities, Ukrainian armed forces have the obligation to record and retain information on the use of explosive ordnance, in order to facilitate its clearance without delay after the cessation of hostilities.
  6. More generally I am worried by the extent to which reporting on the conflict is being instrumentalised by all parties using mechanisms which ought to be exercising an accountability function with respect to their own forces. Instead of responding to, investigating, or prosecuting cases of indiscriminate shelling by their own military forces, each side are dedicating their time to documenting in laudable detail the violations of the other side with a view to continuing their confrontation in the national or international courtroom.
  1. In areas controlled by the Government of Ukraine

(i)           Indiscriminate shelling

  1. I am concerned that forces on the Government side are using weapons in the course of hostilities that are either inherently insufficiently precise  to justify within the context of a highly urban and civilian-populated conflict zone, or that weapons with a known level of precision are being used outside or without regard to proper Standard Operating Procedures to guide targeting.
  2. Moreover I have not been convinced during my engagement with the relevant authorities that there is a proper investigation conducted when allegations of civilian casualties are brought to their attention. The answer that I got from some of the military authorities to the question when an investigation into allegations of excessive civilian casualties would be triggered, was that such a situation will never arise, because there was an order by the Minister of Defence that this should not happen. Such a denial that a problem could exist makes a solution veryvery difficult to achieve.
  3. While I understand the difficulties of conducting investigations in territory outside the control of the Government’s armed forces, such difficulties should not be understood, as suggested in many of the meetings I had, as a reason to reject any possibility to verify civilian casualties caused by shelling or to assess alleged violations of international humanitarian law. The conflict is currently being closely monitored by several international organizations, which publicly report the occurrence of civilian casualties on both sides of the “contact line”. Combined with Ukraine’s military records on the use of artillery, and the possibility to contact families of casualties, morgues, hospitals or other sources for verification, it would be possible for the Government to assess the damage caused by its use of artillery.
  4. Damage assessments conducted this way may not always amount to evidence solid enough to allow accountability for possible violations of international humanitarian law. However, credible estimations of civilian casualties would enable the armed forces to evaluate and strengthen precautionary measures taken to mitigate the impact of shelling among civilians.

(ii)          Detention

  1. I have received several allegations of secret detention, in which individuals claim to have been detained for varying periods of time before being formally introduced to the penitentiary service. In some cases this initial detention takes place at the hands of officials thought to be of the SBU, in other cases such individuals have been apprehended by members of former volunteer battalions.
  2. One facility that is mentioned frequently in this regard is the military base at Mariupol airport.  During my visit to Mariupol I attempted to conduct a pre-announced visit to this base, however I regret that, despite the advance notice, I was denied access to the facility. Other such detention facilities reportedly include the former detention facility (SIZO) of the SBU in Karkhiv, and the SBU office in Kramatorsk.
  3. The existence of unacknowledged, secret detention facilities almost completely undermines the effective work being conducted by the National Preventive Mechanism and the Office of the Ombudsperson.  It is disappointing that judges and prosecutors, who are in many cases presented with quite clear prima facie cases of ill-treatment at the point that the detainee is presented formally to be remanded, do not respond more robustly to uphold the detainee’s rights. The impunity that exists for acts of violence in such conditions poses a clear and direct threat to the right to life.

(iii)        Alleged summary killings

  1. I am concerned by reports of bodies discovered near Makiivka, in the Donetsk Region in September last year.  While several of these bodies appear to be members of the armed groups who died in combat, some are reported to bear signs of having been executed after being detained by Government forces.

(iv)         Integration of armed militias in command and control

  1. At the time of the start of the conflict, the Ukrainian Armed Forces were underprepared for the nature or scale of the challenge that would confront them. Not all of the regular forces, to say nothing of the volunteer battalions, had been properly trained in military warfare, let alone International Humanitarian Law standards that should regulate the conduct of hostilities.
  2. I want to underline questions concerning the responsibility for the actions of volunteer battalions, both now that the majority have been formally incorporated into the Ukrainian Armed Forces and during earlier stages of the conflict. Any extent to which the State is tolerating the existence of politically-motivated armed militias on its territory is a concern. The extent to which the State has been actively collaborating with those militias, in order to participate in joint military operations against a common enemy suggests that the State’s responsibility for the actions of the members of those groups may be even more direct.
  3. It seems that these “battalions” and groups operate in a climate of impunity, partly as a result of the pressure which they exercise on prosecutorial or judicial authorities if they attempt to pursue cases against members perceived by these groups of being “patriotic”.

(v)          The impact of restrictions on movement on the right to life

  1. I am concerned by the potential (and in some cases realised) humanitarian impact of the limitations imposed by the government on free movement of people and goods in the Donbas region. The long queues which the resulting checkpoints inevitably entail have been the target of shelling.  The extent to which the barriers impede the transfer of vital medical supplies to hospitals on the eastern side of the “contact line” also raises serious questions about its appropriateness.
  1. In areas not controlled by Ukrainian authorities
  1. As noted above, despite extensive efforts on the part of HRMMU, I was not able to meet with many representatives of the self-proclaimed ‘Donetsk people’s republic’ or self-proclaimed ‘Luhansk people’s republic’. This was extremely disappointing, given the number and gravity of allegations that have been made about the protection of human rights, including the right to life, in those territories.

(i)           Indiscriminate shelling and the positioning of artillery in civilian areas

  1. Allegations have been made that the forces on the non-Government controlled side are deliberately positioning their artillery within close range of built-up civilian areas and occupying hospitals and schools, so as effectively to use civilians as a shield, or to entice government troops to cause civilian casualties and damage to civilian infrastructure, which can then be used for political purposes.
  2. The salience of this problem is demonstrated by the extent to which local populations have taken to the streets to protest it.  For example, there are reports that protests were held to this effect in Donetsk on 15 and 16 June 2015. In situations where people are reportedly reluctant to express dissent, this speaks to the severity of the threat to life posed by the tactics of these armed groups.

(ii)          Summary executions of detainees

  1. There are allegations of the killing of detainees held by fighters of the self-proclaimed Luhansk people’s republic in Sievierodonetsk, as they were retreating from the city in July 2014. While local police had remained in control of their headquarters on Partyzanski Avenue the fighters had taken over the police IVS next door. On the day of the retreat, police reported hearing shots fired from within the IVS at around 5a.m. Several hours later, after the Ukrainian forces had arrived, the police re-entered the IVS, and discovered and documented two corpses in separate cells, each shot either in the neck or in the head. The corpses also showed signs of beatings.

(iii)        Allegations of quasi-judicial executions

  1. I have been alarmed by allegations of executions taking place in quasi-judicial circumstances.  This has allegedly occurred both in the context of ‘military justice’ and in more civilian, ‘criminal justice’ context.  For example, it is alleged that in May 2014 the ‘minister of defence’, Igor Strelkov (Ghirkin) sentenced to death by firing squad two local commanders for looting, armed robbery, kidnapping and desertion. It is not known whether they were executed.
  2. Summary executions may have been carried out under the pretext of criminal legal authority. In July 2014, when the Ukrainian Government regained control of Sloviansk, documents were found in the SBU building, which had been used as a detention facility by armed groups of the ‘Donetsk people´s republic’, that armed groups had given death sentences and carried out executions of at least three persons, reportedly based on legislation dating back to 1941.
  3.  In August 2014, it was reported that the ‘Donetsk people’s republic’s’ de facto authorities had introduced a document that they referred to as the 1960 criminal code, which included provisions for imposing the death penalty for the ‘gravest crimes’. Lawyers I spoke with, however, stated that the ‘constitution’ of the DPR proclaimed the right to life and that the imposition of capital punishment as provided in the criminal code would thus be incompatible with it.

(iv)         Threats against certain groups

  1. Amnesty International found strong signs of alleged drug dealers having been executed by forces of the self-proclaimed ‘Luhansk people’s republic’ in the area of Sievierodonetsk. Their commander Oleksii Mozhovyi had publicly threatened anyone involved in drug trafficking on 3 June. On 13 June, the police found three bodies of persons they identified as suspected drug dealers.
  2. In May and July 2014, there were reports of summary executions by self-proclaimed ‘Luhansk people´s republic’ forces in the area of Sievierodonetsk, Rubizhne and Lysychansk, in the Luhansk Region.

(vi)         Targeting of those hors de combat

  1. As reported by the HRMMU, on 19 August, part of the town of Ilovaisk came under the control of Ukrainian armed forces. By 27 August, the Ukrainian troops in Ilovaisk were surrounded by the armed groups of the self-proclaimed ‘Donetsk people´s republic’. The same day, a safe corridor was negotiated for Ukrainian forces to leave Ilovaisk. However, at least one column of Ukrainian troops was heavily shelled while leaving Ilovaisk. Between 107 and more than 200 Ukrainian servicemen were killed, many of which were wounded soldiers being evacuated.
  2. In January 2015, following the shelling of a bus station in which several people were killed, Oleksandr Zakharchenko, leader of the self-proclaimed Donetsk people’s republic, made a statement on television announcing that his troops would give no quarter, and take no soldiers of the Ukrainian forces as prisoner. Making such a statement is a war crime. However, available evidence does not seem to indicate that this statement was implemented.
  3. Also in January, Ukrainian soldier Ihor Branovytskyi was allegedly summarily executed while in captivity of the armed groups of the ‘Donetsk people’s republic’. Branovytskyi was among a group of 12 soldiers captured and taken to the base used by the so-called ‘Sparta battalion’ and severely beaten. When Mr Branovytskyi collapsed and fainted he was reportedly executed by the battalion commander Arsenii Pavlov (‘Motorola’). During my meeting with the Office of the commissioner for human rights’ of the ‘Donetsk people’s republic’ the ‘deputy ombudsman’ agreed to investigate this case.

(vii)        Downing of Malaysian Airlines flight MH17

  1. On 17 July 2014, the downing of Malaysian Airlines flight MH17 caused the death of 298 persons, becoming one of the most tragic events in the ongoing conflict. Despite initial difficulties to secure access to the site, international investigators now led by the Dutch Safety Board are expected to issue their final report in October. I welcome the progress achieved by the investigating team so far, and hope that the outcome of their work will serve as basis for accountability and provide relief to the families of victims.
  1. Conclusions
  1. The challenges faced by Ukrainian society are real. There are fundamental divisions about its geopolitical orientation which affect national identities. A brutal armed conflict with strong international dimensions is playing itself out on its territory. Twice during the last two years the country has seen massive demonstrations deteriorating into bloodshed on the streets. There is not an established tradition of accountability for violations of the right to life or other human rights on which to draw. The current conflict seems to have exacerbated structural weaknesses.
  2. Long term security will depend on the extent to which a fully functioning human rights protection system which guides the actions of all members of the society is established. The approach that I saw too often during my mission in Ukraine is that when asked about human rights protection one side immediately invokes the transgressions of the other. Human rights are treated as an instrument with which to assail the opponent; not as a shared system of accountability.
  3. The sad truth is that serious violations occur at one point or another in all societies. The Ukraine is no exception, and in some respects it faces unique challenges. The real question is how does one deal with the violations that occur. Many officials whom I met—particularly in the SBU—simply denied that there was any wrongdoing and pointed to the fact that there are laws in place that meet international standards. There is little hope for progress where this is the approach.
  4. I was however heartened by the admission of a senior official whom I met during the mission who commented: ‘Things do not always go as we want them to go’. Being realistic and open about the fact that there are violations is the first step towards addressing them. The second—and decisive—step is to create and utilise mechanisms of accountability to address those violations.

VII.     Preliminary Recommendations

  1. Efforts by all parties to end the armed conflict in the Eastern part of the country should be renewed. The cease-fire should be observed and monitored. As long as hostilities continue, all parties must take concrete measures to reduce civilian casualties, and adhere strictly to the IHL requirements of distinction, proportionality and precaution in attack.
  2. Proper internal measures of reporting on exchanges of fire should be established. Targeting should follow international standards, and be adjusted based on regular assessments of its impact. Allegations of breaches of international humanitarian law must be investigated.
  3. It is of great importance to move the conflict out of built-up areas. All parties to the conflict should refrain from using weapons that do not allow sufficient precision in this context.
  4. The Government of Ukraine should take steps to ratify the 2008 Convention on Cluster Munitions. In their public statements on the use of such weapons by the opposing armed groups, the Government has added weight to the idea of an emerging norm against the use of cluster munitions under any circumstances.  All parties to the conflict should immediately desist from the use of such weapons, which are inherently indiscriminate.
  5. All remaining volunteer militia groups must be disbanded and disarmed.
  6. The events at Ilovaisk in August 2014 must be investigated and any perpetrators be brought to justice.
  7. A system of independent overview of the conduct of all those who perform law enforcement functions must be established, focussing in particular on allegations of ill-treatment by the SBU. This mechanism should be empowered to conduct investigations into suspected informal detention facilities, including comprehensive power of search within military or SBU facilities.
  8. The investigations into the events at Maidan in February 2014 and the 2 May events of the same year at Odessa must be completed as a matter of priority and accountability for losses of life must be established. The systemic failures that contributed to the eventual losses of life—such as the low profile of the police and the delayed response of the fire brigade in Odessa—should also be investigated and where appropriate rectified.
  9. The difficult situation of the families of those who lost their lives should be acknowledged by the Government. Their safety, physical and psychological well-being, dignity and privacy must be protected, and they must be promptly informed of progress in the investigations. Public officials must treat them with respect at all times.
  10. The killing of Oles Buzyna and the disappearance of Sergii Dolgov must be investigated.
  11. The Government of Ukraine should consider inviting official country visits from the Special Rapporteur on torture and other cruel, inhuman and degrading treatment, the Special Rapporteur on the promotion and protection of human rights while countering terrorism, the Working Group on Arbitrary Detention, the Working Group on Enforced or Involuntary Disappearances, the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, and the Special Rapporteur on the Independence of Judges and Lawyers.
  12. The reservations to the ICCPR and the ECHR must be reconsidered on a regular basis.
  13. The office of the Ombudsperson must be strengthened.
  14. The human rights situation in Crimea must remain under the scrutiny of inter alia international monitoring bodies. The governments who control access to the territory—Ukraine and the Russian Federation—must grant full access to such monitors. However, even without such access the monitoring must continue.
  15. Judges and other officers of the court must be protected against intimidation.

September 23, 2015 Posted by | Civil Liberties, Subjugation - Torture, War Crimes | , | Leave a comment

‘I’m a Trade Unionist, Not a Terrorist’: UK in Workers’ Union Spying Row

Sputnik – 22.09.2015

The British government, along with large multinational corporations, are trying to wash away the rights of workers and create a culture of fear among the country’s workforce through a series of systematic spying and blacklisting campaigns, a former blacklisted worker has told Sputnik.

As the government tries to usher through a new Trade Union Bill, described by critics as one of the most oppressive in the Western world, multinational corporations have been accused of taking part in extensive spying and intimidation tactics aimed at effectively locking vocal workers’ rights campaigners out of their professions.

The controversial bill has drawn the ire of trade unionists all over the country, with officials particularly angered by proposals which would require 50 percent of members to vote in favor of taking strike action for an event to be considered legal.

There are also fears that fines of up to £20,000 may be issued for unions whose members don’t wear identifying armbands during pickets.

Conservative business secretary Sajid Javid said the proposals would stop workers making “endless threats” at the expense of “hardworking people,” while union officials have seen it as an attack on trade unions and workers’ rights.

“The Tory government at the moment are trying to introduce the new Trade Union Bill, which even some Conservative MPs have said is the most restrictive legislation for trade unions in the whole of western Europe,” Dave Smith, former trade union representative and member of the Blacklist Support Group told Sputnik.

“The British government is never neutral when it comes to disputes between trade unions — it’s always on the side of big business.”

Some aspects of the Conservative’s bill even raised eyebrows with Tory MP David Davis saying some of the aspects resembled oppressive measures implemented by former Spanish dictator Francisco Franco.

“I agree with most of the Trade Union Bill. I think it’s very sensible… but there are bits of it which look OTT, like requiring pickets to give their names to the police force,” Davis told the Guardian.

“What is this? This isn’t Franco’s Britain, this is Queen Elizabeth II’s Britain.”

‘Spying and Blacklisting Still in Practice’

On top of the government proposals for trade unions, Dave Smith raised concerns over historical spying and intimidation tactics, which over the years has seen many trade union representatives placed on a blacklist, shared and used by multinational corporations to effectively lock some workers out of employment.

It was also revealed that undercover police units took part in spying and intelligence, gathering exercises on a number of unions and various members over the space of 40 years in order to identify leading figures in the movement and place them on employment blacklists.

While officially such practices are illegal, Dave Smith told Sputnik that he believes “there is no question about it whatsoever” that spying and blacklisting is still going on.

“They [large companies] were lying to everyone and lying to parliament for forty years, so why should we believe them now?”

Mr Smith, who is the co-author of the book, ‘Blacklisted: the Secret War between Big Business and Union Activists’, said he was first placed on a blacklist in the early nineties merely for campaigning over unpaid wage disputes and raising health and safety concerns in the construction industry.

“People got added to the list for doing fairly standard trade union activities — standing up for workers’ rights, standing up for unpaid wages, standing up for safety. That’s why I got on it,” Smith said.

“What they used to do, is as well as keeping files on you, every time you applied to work on a big building site, the big multinationals would check to see if your name was listed or not. And if you were on the black list you were just sacked or you weren’t offered a job.”

Despite being a qualified engineer, Smith said he was eventually forced to change professions to help pay his mortgage, because he couldn’t manage to find employment, even during the UK’s building boom of the late ’90s — early 2000s.

Blacklisting ‘Systematic’

He said the practice of placing some workers on an industry blacklist was endemic in Britain, and affected thousands of workers over the years — in some cases, ruining people’s lives.

“I’ve seen people whose blacklist files have got entries from the 1960s. This isn’t just one or two rogue managers having a quiet word with each other in a pub spreading a bit of gossip about you — this is systematic.”

“This is [a case of] directors of a multinational company keeping files on people and deliberately stopping people from getting work because of their trade union activities. I’m not a terrorist, I’m not a criminal — I’m a trade unionist. They’re deliberately stopping us because they don’t want trade union activists on their building sites.”

Mr Smith said that such practices, which he believes are to a degree still in operation today, created an environment of fear, where workers are now hesitant to stand up for their rights amid attacks from David Cameron’s Conservatives.

“The whole purpose was not only to victimize the activists but to discourage anyone else from standing up for their rights as well. It’s to scare everybody else and create that climate of fear.”

September 22, 2015 Posted by | Civil Liberties, Full Spectrum Dominance | , | Leave a comment

Facebook snoops on people just like NSA – Belgian watchdog to court

RT | September 21, 2015

Facebook is spying on people in “the very same way” that the US’s National Security Agency (NSA) does, said the Belgian data protection watchdog at a court hearing where the social network stands accused of violating the privacy of internet users.

“When it became known that the NSA was spying on people all around the world, everybody was upset. This actor [Facebook] is doing the very same thing, albeit in a different way,” said Frederic Debussere, a lawyer representing the Belgian privacy commission (BPC) at the Monday court hearing.

The Belgian watchdog has filed a lawsuit against the social network, accusing it of breaching EU law and violating the privacy rights of internet users. The BPC issued a report in March, arguing that Facebook tracked everyone, even users who had logged-out and people who don’t even have a Facebook account at all, via the use of cookies and the ‘like’ or ‘share’ buttons which can be found on more than 13 million websites worldwide.

This is possible, the report claimed, because the cookies are automatically installed on the computers of internet users each time they visit a page containing a Facebook plug-in, such as the ‘like’ button.

According to EU law, websites must ask for a user’s permission before installing any cookies. This is why Facebook’s policy is considered to in “violation of the European law” by the BPC.

The BPC is now threatening Facebook with a daily fine of €250,000 ($280,213).

“Don’t be intimidated by Facebook. They will argue our demands cannot be implemented in Belgium alone. Our demands can be perfectly implemented just in this country,” said Frederic Debussere, addressing the court.
Facebook has consistently denied all accusations and claimed that its practices are in compliance with EU law, accusing the BPC of presenting false reports.

“We will show the court how this technology protects people from spam, malware, and other attacks, that our practices are consistent with EU law and with those of the most popular Belgian websites,” a Facebook spokesperson said, as quoted by the Guardian.

Addressing questions about the company’s cookie policy, another Facebook representative, Paul Lefebvre, said that “they allow Facebook Ireland to identify bad faith attempts to gain access via the browser being used,” adding that if Belgium imposed a ban on this Facebook activity, the country “would become a cradle for cyber terrorism.”

Additionally, Facebook rejects the very idea it could be held accountable in Belgium as the company’s European headquarters are located in Dublin, Ireland, and its activities watched over by that country’s data protection authority.

The company does not rule out returning to talks with the BPC.

The case is now being closely watched by the rest of the EU’s 28 privacy watchdogs, including that of Holland, which has also started to question Facebook’s activities and privacy policy.

READ MORE: 

Facebook ‘breaks EU laws’ tracking all visitors, even non-users – report

Fact: Facebook tracks non-users – says ‘fix already underway’

‘No respect for users, no precise answers:’ Facebook privacy policies slammed by Belgian watchdog

September 21, 2015 Posted by | Civil Liberties, Full Spectrum Dominance | , , , | Leave a comment

Chicago police spied on survivor of Chicago police shooting, Black political groups

PrivacySOS | September 20, 2015

Between November 2014 and January 2015, the Chicago Police Department monitored the First Amendment protected speech and political activity of dozens of groups and individuals, among them a victim of a Chicago police shooting, according to newly released documents.

Chicago based activist Freddy Martinez released the records after obtaining them through a public records request under the Illinois open government law. Among the groups monitored by CPD were:

Chicago Cop Watch, Let Us Breathe, Hands Up United, Occupy Chicago, We Charge Genocide, the Revolutionary Communist Party, Justice for Roshad, Black Youth Group, the Black is Back Coalition, the New Black Panther Party, and many others.

Among the individuals monitored were Corey Harris, who was shot by Chicago police, and anyone identifying as an activist or anarchist on social media.

The monitoring occurred during a period of intense agitation nationwide surrounding a Missouri grand jury’s finding that Officer Darren Wilson should not be tried for his killing of young Black Ferguson resident Mike Brown.

Freddy Martinez, the activist who obtained the records, told me:

“The resources of the government would be better served addressing the deep issues that BLM is highlighting. However the priority seem to be to criminalizing dissent and tracking activists through “fusion center” sharing of intelligence. It’s extremely important for groups to understand that this is the level of surveillance they will face when organizing against a racist police structure because we do have to organize.”

The document listing the protests, groups, and individuals monitored by the Chicago police during this time period is called a First Amendment Worksheet. Officers must fill out these forms when they intend to monitor protected speech or associational activities. The form disclosed to Martinez is an order to terminate the surveillance. Martinez told me that the initial authorization to conduct form was probably written outside the time period for which he requested records. It would be useful to see that document to understand exactly why the Chicago police, in its own mind, viewed these Black organizing initiatives with such apprehension and apparent fear.

Late last year, Chicago police used a controversial stingray device to track protesters’ cell phones. Earlier this year, records revealed that CPD officers were picking through the trash of opponents to the Chicago Olympic bid.

September 21, 2015 Posted by | Civil Liberties, Full Spectrum Dominance, Solidarity and Activism | , , | Leave a comment

MI5 Paying British Muslims ‘Decent Money’ to Spy on Mosques

Sputnik – 21.09.2015

Britain’s intelligence agency is paying Muslims to spy on people living in their own community to try and avert terrorist attacks from homegrown Islamist extremists, the Guardian has revealed.

An anonymous source told the newspaper that MI5 is employing people across the UK in Muslim communities on temporary contracts to gather intelligence on specific targets attending the same mosque. The source also stated that they knew of one Muslim informant who had been paid £2,000 by the security services to spy on a specific mosque for six weeks.

“It’s been driven by the [intelligence] agencies, it’s a network of human resources across the country engaged to effectively spy on specific targets. It’s decent money.”

But MI5’s method of paying money to Muslims to spy on people in their own communities has come under criticism. Salman Farsi, spokesman for the UK’s largest mosque in East London suggested that the offer of money could corrupt the intelligence:

“If there’s money on the table, where’s the scrutiny or the oversight to ensure whether someone has not just come up with some fabricated information? Money can corrupt.”

Following the terror attack in London in 2007, the government spent millions on its ‘Prevent’ program to counter radicalization — but eight years later it has been accused of failing to prevent terrorism and radicalization, instead alienating Muslim communities in the UK further.

According to the Islamic Human Rights Commission: “The Prevent regime of attempting to stop young Muslims from being radicalized is not working and is simply alienating Muslims in Britain by serving as a cover for intelligence gathering on the community.”

But with around 650 young men, women and children who have fled the UK to join ISIL militants in Iraq and Syria and 3,000 radicalized terrorists being monitored by the MI5 — it appears that the British government’s approach to preventing terror isn’t working — and could be the reason behind this new push for for more powers.

The UK government and intelligence agency MI5, however, appear to agree on one thing — big Internet and social media companies should do more to help the authorities by reporting suspect users and sharing swathes of encrypted data with intelligence officers.

In what seems to be another round in the public relations exercise pushing for more support for the government’s Communications Data Bill or Snooper’s Charter, as it is also known, the head of the MI5 told British media that Internet and social media companies should inform the authorities if any users are a cause for concern.

“Some of the social media companies operate arrangements for their own purposes under their codes of practice which cause them to close accounts.”

Andrew Parker also wants the companies to pass on those account details to the intelligence agencies.

The Snooper’s Charter, would grant police and intelligence services more power to intercept and monitor almost every channel of terrorist communication online and offline. It could also force Internet companies to hand over users’ private data.

UK Home Secretary Theresa May is seeking support from Internet and telecoms companies for the controversial surveillance bill, whilst the head of MI5 publicly calls for more powers to monitor potential threats amid revelations his officers are paying Muslim informants ‘decent money’ to spy on their own mosques.

September 21, 2015 Posted by | Civil Liberties, Full Spectrum Dominance, Islamophobia | , | Leave a comment

Native American 2nd grader kicked out of class for traditional Mohawk haircut

RT | September 21, 2015

It was a banner week for kicking children out of class. Along with Ahmed Mohamed and his homemade clock, a Native American student in Utah was told to lop off his Mohawk or leave school… until tribal leaders were forced to step in.

kobe-thumbJakobe ‘Kobe’ Sanden entered his second-grade classroom rocking a ‘hawk, not because it looked cool but because of his Native American roots. But the 7-year-old was kicked out of class because the “distracting” hairstyle was a potential violation of Arrowhead Elementary School’s dress code.

His mother, Teyawwna Sanden, was shocked when Susan Harrah, the principal of the Santa Clara school, called her to say she needed to pick up Kobe and get his hair cut.

“We had the students that weren’t used to it,” Harrah told KSTU. “They had called that out. So the teacher brought the student to my attention.”

The school’s online handbook stipulates only that “hair color should be within the spectrum of color that hair grows naturally.” The school district’s dress code goes further, stating: “Students have the responsibility to avoid grooming that causes a distraction or disruption, interrupting school decorum and adversely affecting the educational process.” It also notes that “Extremes in body piercings, hair styles and hair colors may be considered a distraction or disruption.”

Mrs. Sanden expressed her frustration with the school’s reaction on Facebook.

“So f’n irritated right now,” she wrote. “I get a call from the boys’ school and she said Kobe’s not allowed to have a Mohawk … that’s it’s school policy. WTH! Really? It’s hair!”

Kobe’s father, Gary Sanden, was traveling on business, but reached out to the Washington County School District’s superintendent of primary education.

“I was sympathetic to what they were saying ‒ that it was not conducive to learning,” he told the Washington Post. “But I couldn’t understand how it could be a distraction to the kids.”

The superintendent told Mr. Sanden to obtain letters from tribal leaders supporting the family’s claim that the hairstyle is part of their heritage.

“That’s like calling up the governor of our state,” he said. “But I called and got the letter. My wife did too.”

Mr. Sanden is a member of the Seneca Nation of Indians, which is based out of New York. Mrs. Sanden belongs to the Kaibab Band of Paiutes Indians.

“It is common for Seneca boys to wear a Mohawk because after years of discrimination and oppression, they are proud to share who they are,” Seneca Nation Tribal Councilor William Canella wrote. “It’s disappointing that your school does not view diversity in a positive manner, and it is our hope that Jakobe does not suffer from any discrimination by the school administration or faculty as a result of his hair cut.”

Canella told Native News Online that it was “ironic” that he had to step in to address such a situation at a school named Arrowhead. The Utah school is near several Indian reservations, including the Shivwits Band of Paiutes, which is less than 10 miles from the school, and the Kaibab Paiutes near the Utah-Arizona border.

Harrah told the Salt Lake Tribune that she felt the school had handled the hairstyle hubbub with aplomb, though she was surprised by the attention it received because “It took about a half hour of my time.”

“If there’s any kind of a hairstyle that is a distraction, then we have to tell the parents that we’ve got a problem,” she said. “There’s a protocol that we go through, and I felt like it was handled efficiently and that we respected their culture.”

BwVOrmqCYAAuaKjMr. Sanden disagreed, however, noting that Kobe had to sit by himself in Harrah’s office for part of the day.

“That’s the sad part of the whole situation,” he told the Salt Lake Tribune. “To ostracize him like that ‒ that’s stuff from the ’50s.”

“It could have been handled 10 different ways,” he added.

Kobe’s removal from class happened less than three weeks after Malachi Wilson, a 5-year-old member of the Navajo Nation, was sent home on his first day of kindergarten at F.J. Young Elementary in Seminole, Texas because his long hair violated that district’s dress policy. The school required Malachi’s mother, April Wilson, to obtain documentation proving her son’s indigenous heritage, Indian Country Today reported.

In Louisiana last August, a Rastafarian teenager was suspended for three weeks from South Plaquemines High School for his dreadlocked hairstyle. The unnamed student claimed that not cutting his hair was a religious mandate, and his mother presented a letter from the 1st Church of Rastafar I explaining the religious significance of not cutting one’s dreadlocks. He eventually received an exemption from the school.

September 21, 2015 Posted by | Civil Liberties, Full Spectrum Dominance | , | Leave a comment

Anonymous general who predicts anti-Corbyn mutiny should be named by GCHQ – SAS veteran

RT | September 21, 2015

A former SAS soldier has blasted the anonymous British Army general who predicted a military coup if Jeremy Corbyn is elected prime minister. He said the comments threaten democracy and that the military has no excuses for declining to investigate.

Ben Griffin, who served in the Parachute Regiment and the Special Air Service in Iraq and Afghanistan and is now a member of anti-war group Veterans for Peace UK, told RT the general’s comments published in the Sunday Times are an affront to democracy.

“Why is this General cowering behind a reporter?” he said.

“He should go public with his statement. He is threatening the democratic will of the British people and he exposes the lie that the armed forces exist to protect our freedoms.”

After calls for an investigation began, the Ministry of Defence (MoD) is reported to have told the Independent newspaper it would not launch a leak investigation due to there being too many generals to investigate.

There are around one hundred generals currently serving in the British Army.

Asked if this excuse was feasible, Griffin pointed out that the government had something of a monopoly on surveillance.

“GCHQ could tell the MoD today which general it was,” he said, referring to the government’s world-leading signals intelligence agency.

“GCHQ collect the metadata of all phone calls and emails so they will have a record of which generals have been in touch with the journo who wrote the story,” he added.

The general in question, who is said to have served in Northern Ireland in the 1980s and 1990s, told the Sunday Times a Corbyn general election victory in 2020 would precipitate “mass resignations at all levels and you would face the very real prospect of an event which would effectively be a mutiny.”

“Feelings are running very high within the armed forces,” the individual said. “You would see a major break in convention with senior generals directly and publicly challenging Corbyn over vitally important policy decisions such as Trident, pulling out of NATO and any plans to emasculate and shrink the size of the armed forces.”

He appeared to pledge a military rebellion, with the army directly intervening in democracy.

“The Army just wouldn’t stand for it,” the general claimed.

“The general staff would not allow a prime minister to jeopardize the security of this country and I think people would use whatever means possible, fair or foul to prevent that.

“You can’t put a maverick in charge of a country’s security.”

September 21, 2015 Posted by | Civil Liberties, Deception, Militarism | | Leave a comment

The Plot Against Harold Wilson

Army plots against British PMs are not new

By Jonathon Cook | The Blog From Nazareth | September 20, 2015

There has been some debate about the significance of a warning issued this weekend through Rupert Murdoch’s Sunday Times by a British general that the army would “mutiny” and use “whatever means possible, fair or foul” should the new Labour leader Jeremy Corbyn ever get near 10 Downing Street.

Owen Jones has wondered whether this is tantamount to a threat of a coup by the military. I think it would be foolhardy indeed to read it as anything else.

None of us should be surprised either. We have been here before. In the late 1960s and early 1970s serving British generals, former generals, members of the royal family and the British security services regularly spoke in such terms to each other – and even occasionally on prime-time television.

More than that, when they believed their privileges were under serious threat, as they did during Harold Wilson’s various governments of that period, they actively plotted for “regime change”, or a military takeover.

In what became a self-serving vicious spiral, the establishment’s fears were further stoked by the stream of black propaganda being fed to the British media by MI5, Britain’s version of the FBI. It painted Wilson’s government and the trade union movement as overrun with Communists trying to bring down the UK. One can imagine a Corbyn government will receive no better treatment from the UK media than Wilson’s did.

Like Corbyn today, Wilson was seen in the 60s and 70s as a major threat to the entrenched privileges of British elites.

There is a wealth of evidence for all this, though perhaps unsurprisingly many sources, including Wikipedia, casually dismiss these accounts as “conspiracy theories” – the ultimate way to shut down scrutiny.

But the evidence was so compelling even the BBC, hardly a risk-taking broadcaster at the best of times, girded its loins back in 2006 to make a documentary called “The Plot Against Harold Wilson”. In fact, as the 90-minute film makes clear by interviewing many of those directly involved, there was not one plot but many against Wilson.

It probably all seemed like old, slightly quaint history to the BBC nine years ago. Now it sounds frighteningly relevant again.

Here is a fascinating line from one plotter, Sir General Walter Walker, at about 1hr 2 mins in. Speaking in the early 1970s, he says on film:

If you plot to destroy this present system, what are you doing? You are committing a form of treason. I have taken an oath of allegiance to my Queen and I am not prepared to see that oath interfered with.

For me at least, that puts the ludicrous current debate about Corbyn refusing to sing the national anthem in an even more sinister light. It also makes me wonder how the armed forces read the recent comment from the prime minister, David Cameron, that Corbyn poses a “threat to national security”.

Lord Mountbatten, the Queen’s cousin, a mentor to Prince Charles, and the chief of the defence staff at the time, became a figurehead for this group (45.30) and even approached the Queen Mother to seek her blessing for a military takeover. Walker says Mountbatten told him: “If you want help from me, will you let me know?”

David Stirling, the founder of Britain’s most elite military unit, the SAS, also confirmed to journalists that a coup against Wilson was seriously being considered (1.03). He contemplated bumping off trade union leaders to foment so much anger among workers that the military would be forced to move in to restore order.

Soon, the army, members of the royal family and the intelligence services were all considering how they might launch a military coup to stop a Communist takeover (the one that had been created in MI5’s lurid imagination). Brian Crozier, a former intelligence officer who supported a coup, says there was a “widespread attitude” in favour of it among the military (1.05)

It culminated in a show of force by the armed forces, which briefly took over Heathrow airport (1.06) without warning or coordination with Wilson’s government. Marcia Williams, Wilson’s secretary, called it a “dress rehearsal”. Wilson resigned unexpectedly soon afterwards, apparently as the pressures started to get to him.

As the BBC concludes:

The actions of Lord Mountbatten and senior military and intelligence officers undermined democracy and brought this country to the brink of a coup. Yet no one has been held accountable, there has been no proper inquiry.

Such an inquiry might have served at least as a small deterrent for those, like the general who approached the Sunday Times, who are thinking once again in terms of a coup.

September 21, 2015 Posted by | Civil Liberties, Timeless or most popular, Video | , | Leave a comment

The Lattimer Massacre: When an Entire Police Force Stood Trial

By Mark Hand | CounterPunch | September 18, 2015

“It was not a battle because they were not aggressive,
nor were they defensive because they had no weapons
of any kind and were simply shot down like so many
worthless objects, each of the licensed life-takers
trying to outdo the others in the butchery.”

– Inscription on monument erected in Lattimer, Pa.

Lattimer Massacre historical marker

If officials wanted to shine a light on the horrors of the past, every day could be the anniversary of some type of atrocity committed by a government agency or corporation. But leaders get to pick and choose which events are more important than others. American officials, just like leaders in all countries, want the nation memorializing incidents that serve their political and economic interests.

Sept. 10 is one of those days when government officials committed a major atrocity. But 9/10 never became a national day of remembrance.

Sept. 10, 2015, marked the 118th anniversary of the Lattimer Massacre in the anthracite coal mine region of eastern Pennsylvania. Like the 9/11 attacks, the mass murder in Pennsylvania was used as a springboard for something bigger. But in the case of the Lattimer Massacre, the murder of striking coal miners served as inspiration to build a more equitable society, not as an excuse to kill and harm more people.

All told, Luzerne County, Pa., sheriff deputies killed 19 unarmed miners and wounded at least 38. No sheriff deputies were killed. “The primary result of the massacre was rapid growth in unionism in the anthracite coal region. During the next four months approximately 15,000 new names were added to the UMWA rolls,” the United Mine Workers of America explains on its website.

The UMWA views the Lattimer Massacre as a major event in U.S. history. Even the commonwealth of Pennsylvania saw the actions by the local police on Sept. 10, 1897, as extreme and excessive. State prosecutors brought murder and felonious shooting charges against Luzerne County Sheriff James Martin and 78 of his deputies in the wake of their attack on the workers.

In the late 19th century, pro-labor sentiment was strong in the U.S. and, at least in this case, state prosecutors wanted the sheriff and his deputies held accountable. But as it turned out, the prosecutors were ill-prepared for the trial and ultimately argued a lackluster case against the defendants, all of whom were found not guilty of the charges after a five-week trial in 1898.

Labor activism, especially in the anthracite coal region of Pennsylvania, had been growing steadily since the mid-1800s. The Molly Maguires, a shadowy Irish labor organization, waged a violent battle against coal operators. In the late 1870s, 20 Mollies were hanged after being found guilty of murder and other charges.

In the wake of the crackdown on the Molly Maguires, labor activism in the region waned. But union activity in the anthracite coal fields picked up again as the century neared an end. Only two decades removed from the violent battles between the coal operators and the Mollies, state officials could have easily overlooked the Lattimer killings.

To their credit, Pennsylvania state prosecutors in 1897 tried to hold the police accountable in Luzerne County. The massacre occurred in the village of Lattimer, north the city of Hazleton, Pa., when Martin’s posse of deputies fired at between 300 and 400 coal miners, mostly of Slovak, Polish Lithuanian and German ethnicity, who were marching from Harwood, Pa., to Lattimer.

The miners wanted a pay raise of 15 cents per employee, the ability to select their own doctor, the right to get paid for work even if the machines they work were out of order, and the freedom not to have to buy from the company store. Workers had already shut down several other mines in the region. Expanding the strike to Lattimer would be a huge victory for the miners because it would go a long way to shutting down the entire the area and forcing the companies to grant workers’ demands.

Fearing their private guards could not pacify the striking workers, the coal mine owners solicited the help of Sheriff Martin, who responded by rounding up dozens of local men to serve as deputies. They met the hundreds of striking miners marchers in Lattimer, one of whom was holding an American flag. After the sheriff tried to tear the flag and grabbed one of the marchers, the deputies opened fire. The flag bearer was the first man hit. The striking miners began to disperse, running to get away from the shooters. Some deputies moved to different locations so they could take better aim at fleeing marchers, shooting them in the back as they ran.

The massacre at Lattimer was the largest in U.S. labor history until the Ludlow massacre in Colorado 17 years later when Colorado National Guard and mine guards attacked a camp of striking workers, killing two dozen people, including miners and their wives and children.

Michael Novak, a long-time scholar at the conservative American Enterprise Institute, in 1978 published one of first major books on the massacre. “The story of the guns of Lattimer has been strangely neglected in history books, even in histories of violence in America, even in labor histories,” Novak wrote in The Guns of Lattimer, “The reasons may be that Lattimer’s victims did not speak English and, more than others, have lacked a public voice.”

Novak’s book was sympathetic to the miners. “The whole body of four hundred marching men, unarmed, incompetent in English, carefully carrying two American flags, and painfully aware that in the Austro-Hungarian Empire they could conduct no such open and peaceful protest as they did here,” Novak wrote. “That their march should have ended in brutal bloodshed — the worst labor massacre in the history of Pennsylvania and in the nation until that time — deepened in them and in other Slavic communities around the nation a familiar sense of tragedy and injustice.”

Several other books and scholarly articles have covered the massacre. The latest book, The Lattimer Massacre Trial, published by Dorrance Publishing Co., provides a unique look at the event. The book was compiled by Pasco L. Schiavo, a prominent lawyer in the city of Hazleton and the person who now owns the land on which the massacre occurred.

Born and raised in Hazleton and a descendent of Italian immigrant coal miners, Schivao compiled day-to-day newspaper reports from the 1898 Lattimer trial of the sheriff and 72 deputies, a chronological collection that includes pre-trial jury selection, witnesses’ testimony and the final verdict. Schivao’s book contains clippings from The Press, what he calls a “reputable Philadelphia, Pennsylvania newspaper which is no longer in existence.”

The newspaper articles covered the trial in detail and included verbatim some of the statements made by the witnesses testifying at the trial, “something which is particularly important in light of the court transcripts or records of testimony having been lost years ago,” Schivao writes in the book’s introduction.

In his closing argument, the prosecuting attorney emphasized that “the strikers were peaceable and unarmed.” Only a handful of the slain strikers were shot from the front; the rest of them were shot in the back. Referring to the deputies, the district attorney stated “if these boys had protected the lives of these poor creatures of God with the same solicitude they displayed in protecting the property of the employers there would be no case here today.”

Even though none of the deputies was killed, witnesses for the defense claimed the strikers were armed with pistols and clubs. In a post-mortem published in The Times of Philadelphia, the newspaper’s writers argued that the assembly of strikers “was utterly lawless, and when the members refused to disperse upon notice from the Sheriff, given in the presence of his armed deputies, they not only openly defied the law, but they precipitated the destruction of life by violently resisting the Sheriff when in the performance of his lawful duty.”

Schiavo told a Hazleton newspaper that he chose to compile the book because the newspaper articles “report as close to the truth as possibly on a daily basis.” On the other hand, “the books and other publications I have read tend to give a slant one or another as to what really happened at Lattimer,” he was quoted as saying in the Aug. 2 article.

Even today, debate continues on whether the deputies were justified in killing the workers. Dan Sivilich, president of the Battlefield Restoration and Archaeological Volunteers Organization, told a local newspaper that the “the sheriff was not stupid.”

“As soon as those miners entered the gate, and they entered mine property, someone opened fire on them. At that point, they were trespassing, and deadly force is allowed when someone is trespassing on your property,” Sivilich said.

Lethal police force is still being used on a regular basis against U.S. residents who are viewed as expendable. Few of the perpetrators are facing prosecution. The same is true in other countries. A similar massacre occurred in South Africa in August 2012 when police opened fire on striking miners at the Lonmin platinum mine near Rustenburg, South Africa, killing 34 miners and wounding an additional 78. The police violence, known as the Marikana Massacre, was the single most lethal use of force by South African police against civilians since the Sharpeville massacre in 1960 when the nation’s official policy of apartheid was in full force.

Instead of bringing criminal charges against the police, South African authorities charged the surviving miners with murder. The authorities used the doctrine of common purpose against the survivors, assigning responsibility upon them for the murders because they participated in the strike. The murder charges, however, were later dropped and all 270 miners were released.

At least Pennsylvania authorities did not stoop so low to bring murder charges against the surviving miners in Lattimer. In remembrance of the slain miners, a small memorial now stands at a highway intersection in Lattimer. The memorial includes a monument with an inscription and the names of the killed miners. A shovel and a pick-axe lean against the front of the monument, and a small rail wagon with a pile of anthracite coal sits behind it.

“The migrant workers that struck during the summer of 1897 imagined a better world for themselves, one that offered them the baseline of equal living and working conditions to the longer-established nativized miners,” the Lattimer Massacre Project website says.

Mark Hand can be found on Twitter @MarkFHand.

September 20, 2015 Posted by | Civil Liberties, Solidarity and Activism, Timeless or most popular | , , , | Leave a comment

RICO!

By Judith Curry | Climate Etc. | September 17, 2015

You have signed the death warrant for science. – Peter Webster

In case you don’t know what RICO is (Wikipedia):

The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them, closing a perceived loophole that allowed a person who instructed someone else to, for example, murder, to be exempt from the trial because he did not actually commit the crime personally.

RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 While its original use in the 1970s was to prosecute the Mafia as well as others who were actively engaged in organized crime, its later application has been more widespread.

Senator Whitehouse

Senator Whitehouse has proposed to use RICO laws against climate change skeptics and fossil fuel companies, in a WaPo article The fossil fuel industry’s campaign to mislead the American public.  Excerpts:

The Big Tobacco playbook looked something like this: (1) pay scientists to produce studies defending your product; (2) develop an intricate web of PR experts and front groups to spread doubt about the real science; (3) relentlessly attack your opponents.

In the case of fossil fuels, just as with tobacco, the industry joined together in a common enterprise and coordinated strategy.

The tobacco industry was proved to have conducted research that showed the direct opposite of what the industry stated publicly — namely, that tobacco use had serious health effects. Civil discovery would reveal whether and to what extent the fossil fuel industry has crossed this same line. We do know that it has funded research that — to its benefit — directly contradicts the vast majority of peer-reviewed climate science. One scientist who consistently published papers downplaying the role of carbon emissions in climate change, Willie Soon, reportedly received more than half of his funding from oil and electric utility interests: more than $1.2 million.

The Weekly Standard has a hard hitting article: Senator Whitehouse: Use RICO laws to prosecute climate skeptics. Excerpts:

Obviously, there’s a lot of money hanging in the balance with regard to energy policy. But when does coordinating “a wide range of activities, including political lobbying, contributions to political candidates, and a large number of communication and media efforts” go from basic First Amendment expression to racketeering? The tobacco analogy is inappropriate in regards to how direct the link between smoking and cancer is. Even among those who do agree that global warming is a problem, there’s a tremendously wide variety of opinions about the practical effects. Who gets to decide whether someone is “downplaying the role of carbon emissions in climate change” relative to the consensus? If message coordination and lobbying on controversial scientific and political issues can be declared racketeering because the people funding such efforts have a financial interest in a predetermined outcome, we’re just going to have to outlaw everything that goes on in Washington, D.C.

In February, Rep. Raul Grijalva, D-Ariz., attempted a McCarthyite witch hunt against climate scientists he found disagreeable. And Sheldon Whitehouse is sitting U.S. Senator. He’s now publicly encouraging legal persecution of people who conduct scientific research and/or those that have opinions about it he disagrees with. He wrote this opinion in the Washington Post on Friday, and no one much noticed or batted an eye at the consequences of what he’s advocating here. Such calls for draconian restrictions on speech are becoming alarmingly regular. And if more people don’t start speaking out against it, sooner or later we’re actually going to end up in a place where people are being hauled into court for having an opinion that differs from politicians such as Senator Whitehouse.

20 U.S. climate scientists

When I first spotted this, I rolled my eyes – another day, more insane U.S. climate politics. What really motivated this post is the following letter, from 20 U.S. climate scientists. Letter reproduced in full [link]:

Letter to President Obama, Attorney General Lynch, and OSTP Director Holdren

September 1, 2015

Dear President Obama, Attorney General Lynch, and OSTP Director Holdren,

As you know, an overwhelming majority of climate scientists are convinced about the potentially serious adverse effects of human-induced climate change on human health, agriculture, and biodiversity. We applaud your efforts to regulate emissions and the other steps you are taking. Nonetheless, as climate scientists we are exceedingly concerned that America’s response to climate change – indeed, the world’s response to climate change – is insufficient. The risks posed by climate change, including increasing extreme weather events, rising sea levels, and increasing ocean acidity – and potential strategies for addressing them – are detailed in the Third National Climate Assessment (2014), Climate Change Impacts in the United States. The stability of the Earth’s climate over the past ten thousand years contributed to the growth of agriculture and therefore, a thriving human civilization. We are now at high risk of seriously destabilizing the Earth’s climate and irreparably harming people around the world, especially the world’s poorest people.

We appreciate that you are making aggressive and imaginative use of the limited tools available to you in the face of a recalcitrant Congress. One additional tool – recently proposed by Senator Sheldon Whitehouse – is a RICO (Racketeer Influenced and Corrupt Organizations Act) investigation of corporations and other organizations that have knowingly deceived the American people about the risks of climate change, as a means to forestall America’s response to climate change. The actions of these organizations have been extensively documented in peerreviewed academic research (Brulle, 2013) and in recent books including: Doubt is their Product (Michaels, 2008), Climate Cover-Up (Hoggan & Littlemore, 2009), Merchants of Doubt (Oreskes & Conway, 2010), The Climate War (Pooley, 2010), and in The Climate Deception Dossiers (Union of Concerned Scientists, 2015). We strongly endorse Senator Whitehouse’s call for a RICO investigation.

The methods of these organizations are quite similar to those used earlier by the tobacco industry. A RICO investigation (1999 to 2006) played an important role in stopping the tobacco industry from continuing to deceive the American people about the dangers of smoking. If corporations in the fossil fuel industry and their supporters are guilty of the misdeeds that have been documented in books and journal articles, it is imperative that these misdeeds be stopped as soon as possible so that America and the world can get on with the critically important business of finding effective ways to restabilize the Earth’s climate, before even more lasting damage is done.

Sincerely,

Jagadish Shukla, George Mason University, Fairfax, VA
Edward Maibach, George Mason University, Fairfax, VA
Paul Dirmeyer, George Mason University, Fairfax, VA
Barry Klinger, George Mason University, Fairfax, VA
Paul Schopf, George Mason University, Fairfax, VA
David Straus, George Mason University, Fairfax, VA
Edward Sarachik, University of Washington, Seattle, WA
Michael Wallace, University of Washington, Seattle, WA
Alan Robock, Rutgers University, New Brunswick, NJ
Eugenia Kalnay, University of Maryland, College Park, MD
William Lau, University of Maryland, College Park, MD
Kevin Trenberth, National Center for Atmospheric Research, Boulder, CO
T.N. Krishnamurti, Florida State University, Tallahassee, FL
Vasu Misra, Florida State University, Tallahassee, FL
Ben Kirtman, University of Miami, Miami, FL
Robert Dickinson, University of Texas, Austin, TX
Michela Biasutti, Earth Institute, Columbia University, New York, NY
Mark Cane, Columbia University, New York, NY
Lisa Goddard, Earth Institute, Columbia University, New York, NY
Alan Betts, Atmospheric Research, Pittsford, VT

I am familiar with all of these names, and know a few of them fairly well. The list includes several members of the National Academy of Science, and numerous IPCC authors. Apart from Trenberth and Robock, as far as I know, none of these individuals have made previous public/political statements about climate change.  In fact, one of them told me (say a decade ago), that he had worked hard to keep his head below the radar and stay out of all the politics and the fighting.  Another (Mike Wallace) wrote a jacket blurb for Roger Pielke Jr’s latest book The Rightful Place of Science: Disasters and Climate Change (note: Pielke Jr was one of the Grijalvi 7).

My first reaction was that this was some kind of joke, or that some of these individuals didn’t know what they were signing. The document originated from the Institute of Global Environment and Society, of which Jagadish Shukla is President (and first signatory, and presumably the instigator). So it seems that at least the 6 individuals associated with the IGES knew what they were signing.

The quote from Peter Webster at the start of this post was included in an email that he sent to one of the signatories.  The (anonymous) response:

After reading Senator Whitehouse op ed in the Washington Post, I thought the senator should be supported by the scientific community. Similarities with the tobacco industry are compelling. This is just a small step for me to get engaged with social/policy relevant issues.

Forgive them (?)

Well, that letter reflects, at best,  a great deal of naiveté by the signatory. Perhaps some of them had their arm twisted by the instigators/advocates, and were just trying to be collegial.

To paraphrase the other JC:

Forgive them, for they know not what they do.

Dear signatories of this letter:

I will try to clarify here what you have done, and why it is wrong.

First, you have been duped by the Merchants of Doubt book/movie. See my previous blog post Bankruptcy of the ‘merchants of doubt’ meme, which includes reviews by other social scientists.

Second, the consensus on human caused climate change is not as overwhelming as you seem to think. See my recent blog post The conceits of consensus, which includes a detailed analysis of an extensive survey of climate scientists (not to mention extensive critiques of the Cook et al. analysis).

Third, the source of funding is not the only bias in research, and the greatest bias does not necessarily come from industry funding, see these posts:

Fourth, scientists disagree about the causes of climate change for the following reasons:

  • Insufficient observational evidence
  • Disagreement about the value of different classes of evidence (e.g. models)
  • Disagreement about the appropriate logical framework for linking and assessing the evidence
  • Assessments of areas of ambiguity and ignorance
  • Belief polarization as a result of politicization of the science

The biggest disagreement however is about whether warming is ‘dangerous’ (values) and whether we can/should do something about it (politics). Why do you think your opinion, as scientists, matters on values and politics?

Fifth, what you have done with this letter is advocacy.  This is a very dicey role for a scientist to play, fraught with reputational and ethical land mines. Here are several essays on this topic, written from a range of perspectives:

What you have done with your letter is the worst kind of irresponsible advocacy, which is to attempt to silence scientists that disagree with you by invoking RICO.  It is bad enough that politicians such as Whitehouse and Grijalvi are playing this sort of political game with science and scientists, but I regard it as highly unethical for scientists to support defeating scientists with whom you disagree by such methods. Since I was one of the scientists called out in Grijalvi’s witch hunts, I can only infer that I am one of the scientists you are seeking to silence.

Peter Webster did not exaggerate when he wrote:

You have signed the death warrant for science.

September 18, 2015 Posted by | Civil Liberties, Deception, Malthusian Ideology, Phony Scarcity, Nuclear Power, Science and Pseudo-Science | , | Leave a comment

Film Review: Olvidados

By José Raúl Guzmán | NACLA | September 17, 2015

Forgotten / Olvidados is one of the most important Bolivian films to emerge recently, marking a high point of technical achievement for the country’s film industry. The film serves as powerful indictment of the military personnel who were responsible for thousands of deaths and disappearances of political dissidents in Latin America during Operation Condor, estimated at 30,000 forced disappearances, 50,000 deaths, and 400,000 arrests. Beginning in 1975 the political campaign of repression spanned across Argentina, Chile, Bolivia, Brazil, Uruguay, and Paraguay—carried out by the right-wing military dictatorships and backed by the CIA. The ruthless campaign of suppression targeted opposition movements, including students, Marxists, Communists, and political parties that were deemed threats to the authoritarian governments. ­­

Mexican actor, Damián Alcáraz plays General José Mendieta, a callous official tasked with the arrest, torture of dissidents under the guise of Operation Condor. General Mendieta shows some initial reluctance at carrying out the orders from his superiors. In his old age, the atrocities he committed in the past start to weigh on his psyche. The ruling class responsible for spearheading forced disappearances has rarely faced the justice system or been made to answer for their crimes. The perpetrators of such atrocities have grown old and frail, dying of old age, something denied to the many victims they executed.

After General Mendieta suffers a heart attack during a walk around the city, in which he encounters one of his former victims, he begins to craft a letter to his son Pablo (Bernardo Peña), now living in New York. In the letter he admits his involvement in the campaign of terror. In flashbacks we see how he was one of the masterminds of Operation Condor, where students, activists, and political opponents were followed, their meetings infiltrated by military personnel; when the order arrived, soldiers descended, forcibly taking their targets in broad daylight. The journalist Marco (Carlos Cotta) and his wife Luíca (Carla Ortiz) are among those taken by the military.

“Ramon Diaz. Thirty-nine. Monica Paz. Twenty-five. Luis Maldini. Sixty. Horacio Belette. Forty-two, Laura Gonzalez. Forty-three,” a jailed, dissident utters the names and age of those he shared his jail cell with the night before, but were taken away in the dark of the night by military forces. The repetition of their names serves as a mnemonic device to keep the identities alive, should any of the newly arrived prisoners manage to escape alive. While imprisoned the dissidents argue over their ideals that led to their imprisonment asking if their involvement in pursuit of social justice was it worth it.

The strength of the film lies in its painfully accurate portrayal of torture. The most powerful scenes occur in the jail cells, when the dissidents are subjected to torture and in the streets where protesters voice their opposition to the military dictatorship. The torture techniques used by the US officials in the Middle East against perceived terrorist threats were perfected decades earlier—in the CIA backed campaigns against political opponents in Latin America. When torture is still glorified by some political circles, the realistic portrayal of the toll of electrocution, water torture, rape, and isolation, dispels the fantasy that torture can be a useful method to extract information. The film makes evident, that anyone under duress will say what is needed to end the pain.

It is less successful in offering insight into the history of the region, offering but a glimpse of archival footage of US Secretary of State Henry Kissinger and a brief look at the training of soldiers at the infamous School of the Americas by US military personnel.

Forgotten was directed by Mexican Carlos Bolado, whose filmography has focused on social justice themes including Tlateloco: Verano del 68, the documentary about the 1968 student massacre in Mexico City, and Colosio: The Assassination, a film about the murder of Mexico’s presidential candidate Luis Donaldo Colosio.  Filmed over 3 months in Bolivia, Chile and New York, the Chilean desert offers a lush backdrop—a jarring contrast against the brutality of the military repression.

The film was written and produced by actress Carla Ortiz who was born in Cochabamba, Bolivia. The film was years in the making, with Ortiz saying “that we urgently need to recuperate our historical memory, in order to not let history repeat itself” adding “it is important for the Americans to understand what their government keeps doing wrong or keeps on abusing its power for their benefit.” The disappearance of students, activists, and political dissidents, and the continued impunity and lack of prosecutions of the perpetrators of Operation Condor remains an injustice that plagues Latin America.

With the one-year anniversary of the disappearance of forty-three students from the Teachers College in Ayotzinapa, Mexico approaching, Forgotten reminds us that military repression has a long and painful history across the continent, the tactics employed by repressive military forces now, have been perfected through decades of forced disappearances of dissidents.

The film opens in theaters on September 18, in New York and October 2, in Los Angeles followed by a December release on HBO Latino.

September 18, 2015 Posted by | Civil Liberties, Film Review, Subjugation - Torture | , , , , , | Leave a comment