NYPD Cop Convicted of Falsifying Arrest Report on New York Times Photographer
By Carlos Miller | PINAC | October 15, 2015
An NYPD cop who arrested a New York Times photographer, accusing him of interfering with an investigation by blinding him with his flash, was convicted today on a felony count of falsifying records.
It turned out, Robert Stolarik’s camera did not even have a built-in flash. Nor did he have an external flash on him when arrested.
Not that it would have been illegal.
Nevertheless, New York City police officer Michael Ackermann swore in his arrest report that Stolarik’s repeated use of his flash ended up “blinding him and preventing him from performing his duties.”
He also claimed that Stolarik “violently resisted being handcuffed,” even cutting another officer in the hand during the struggle.
The NYPD also released a statement claiming that Stolarik used his camera to “inadvertently” strike an officer in the face.
The way they described it, Stolarik was an out-of-control madman, using his flash to blind officers before striking them with his camera – just the type of behavior you would expect from a veteran photojournalist with more than two decades of experience.
The truth is, it was the officers who were violent with Stolarik as reported by the New York Times on August 5, 2012, the day after his arrest.
The photographer, Robert Stolarik, 43, who has worked regularly for The Times for more than a decade, was charged with obstructing government administration and with resisting arrest. He was taking photographs of a brewing street fight at McClellan Street and Sheridan Avenue in the Concourse neighborhood.
Mr. Stolarik was taking photographs of the arrest of a teenage girl about 10:30 p.m., when a police officer instructed him to stop doing so. Mr. Stolarik said he identified himself as a journalist for The Times and continued taking pictures. A second officer appeared, grabbed his camera and “slammed” it into his face, he said.
Mr. Stolarik said he asked for the officers’ badge numbers, and the officers then took his cameras and dragged him to the ground; he said that he was kicked in the back and that he received scrapes and bruises to his arms, legs and face.
The Police Department said in a statement that officers had been trying to disperse the crowd and had given “numerous lawful orders” for both the crowd and Mr. Stolarik to move back, but that he tried to push forward, “inadvertently” striking an officer in the face with his camera.
The police said that Mr. Stolarik then “violently resisted being handcuffed” and that, in the process, a second officer was cut on the hand. A video of the episode taken by one of the reporters who was with Mr. Stolarik shows Mr. Stolarik face down on the sidewalk, beneath a huddle of about six officers.
Stolarik ended up spending a night in jail on charges of obstructing government administration and resisting arrest, the usual contempt-of-cop charges issued by NYPD.
Now it’s Ackermann who is facing four years in prison after today’s conviction in a bench trial. He will be sentenced on December 2.
During the trial, Ackermann claimed he made an honest mistake when he lied about Stolarik’s use of the flash.
“I keep going over it and trying to figure out how I could have made that big of a mistake,” he testified, according to the New York Daily News.
What he really meant to say is that he was unable to figure out why the Bronx District Attorney would file charges on him when filing false reports is an everyday occurrence for the NYPD and is usually ignored by prosecutors.
Speaking to reporters outside the courtroom today, Stolarik pointed out the irony in the outcome.
According to Gothamist :
“I’m overwhelmed, and I’m emotional,” and added that the “DA took this case very seriously. Justice has been served. He was comfortable sending me to prison to ruin my career and I think that turned around on him, he was charged with a felony and it ruined his career.”
Ackermann’s career is definitely over. At least with the NYPD, even though he is still officially a cop. He might as well go into fiction writing considering he has a knack for it.
But it would still be surprising if he spends a day in jail. Cops rarely serve time for the crimes they commit, even the ones who commit sexual abuse.
The incident took place on August 4, 2012 as Stolarik was covering the NYPD’s controversial stop-and-frisk routine and came across a group of officers attempting to arrest a 15-year-old girl.
One cop placed her hand in front of his lens to prevent him from shooting. When he showed her his credentials – not that it should matter in public – another cop walked up and shoved the camera into his face.
When he demanded names and badge numbers, several cops pounced on him and began beating and kicking him.
The video recorded by another New York Times reporter that shows him laying underneath a pile of cops apparently has not been released to the public, but we will post it if it is ever released.
After spending the night in jail, it took another three weeks for them to return his camera gear, which included a Nikon D4, as well as his NYPD-issued press credentials, making it impossible for him to continue working during that time.
The National Press Photographers Association, specifically General Counsel Mickey Osterreicher, was instrumental in getting the NYPD to return his items as well as having Ackermann investigated by both the district attorney and internal affairs.
This is what Osterreicher had to say in a statement emailed to Photography is Not a Crime :
I am very pleased to see that justice has been served by the verdict in this case. Robert Stolarik should have never been arrested for exercising his constitutional rights as a journalist cover a story of great public concern. Credit goes to Robert for standing up for his rights and the rights of all of us. I also commend the Bronx District Attorney and ADA Jacoub Pishoy for prosecuting this case. I also think we should acknowledge that the NYPD Internal Affairs Bureau (IAB) took this case very seriously from the start and helped provide some of the evidence needed to obtain this conviction. I hope it will send a clear message to police officers to stop interfering, harassing and arresting citizens and journalists for doing nothing more than photographing or recording on public streets.
We also hope this sends a clear message to the NYPD and the rest of the cops in this country who have long become accustomed to falsifying charges, not only against photographers, but against anybody who dares question their authority – including the ones we wrote about earlier today.
Saudi Arabia jails two human rights activists
Press TV – October 15, 2015
Saudi Arabia has sentenced two human rights activists to prison for various charges, including calling for political reform, a human rights lawyer says.
The lawyer, speaking anonymously over fear of reprisal, told the Associated Press that the pair were sentenced by Saudi Arabia’s Specialized Criminal Court on Tuesday.
The court was initially established to deal with cases related to terrorism but since a 2014 law that defined actions towards “defaming the state’s reputation” as terrorism, it has been convicting rights activists.
According to the lawyer, both men, who are in their 40s and from the country’s central al-Qassim region, do have the right to appeal the court verdicts.
Abdelrahman al-Hamid, the founding member of the Saudi Association for Civil and Political Rights (HASEM), received a nine year sentence and was banned from traveling abroad for another nine years after his release. He also should pay a penalty equal to $13,300.
He was arrested last year over accusations of the illegal establishment of a human rights organization and questioning the judiciary’s credibility and independence.
A large number of HASEM’s members are currently behind bars. Apart from Hamid, six other founders are serving time in Saudi prisons and four others are yet to be sentenced.
The second activist, Abdelaziz al-Sinedi, received an eight-year sentence plus an eight-year travel ban and a $13,300 fine for social media activity concerning calling for reforms.
Egyptian Report: 215 cases of forced disappearances in August, September
Mada Masr | October 13, 2015
There have been 215 cases of forced disappearances across Egypt in August and September, according to a report issued by a campaign working to combat the phenomenon.
The report, which was issued on Tuesday, stated that only 63 individuals have been located, with the whereabouts of the other 152 cases remaining unknown.
The 63 cases, the report said, have appeared in various police stations and Central Security Forces camps. The individuals located include defendants in cases related to protesting or belonging to a terrorist organization. Others were identified by their families in Interior Ministry videos.
The report was prepared by the Stop Forced Disappearances campaign, under the auspices of the Egyptian Commission for Rights and Freedoms. The campaign was launched on August 30, to coincide with the International Day of the Victims of Enforced Disappearances, amid a wave of forced disappearances in the country.
The campaign had posted a form on its Facebook page, through which it collected information and reached out to the families of the disappeared.
Stop Forced Disappearances managed to trace eight cases that disappeared from their holding cells after the prosecution ordered their release, an occurrence similar to “a pattern used by former Interior Minister Habib al-Adly under [former President Hosni] Mubarak.”
The report also listed the names of the 215 people who disappeared, including details of those located, such as where and when they were located and the charges leveled against them.
Those listed in the report are from different backgrounds, and were arrested on suspicion of belonging to a terrorist group or being involved in acts of violence.
“Perhaps the reason behind their arrest and torture is security forces’ belief that they have information on certain people or organizations or claimed terrorist activity,” the report said.
In its report, the campaign listed its demands, including the disclosure of the whereabouts of those listed in the report and referring them to prosecution and holding those responsible for their disappearances accountable. It also demanded that Egypt sign and ratify the Rome Statute of the International Criminal Court and the International Convention for the Protection of All Persons from Enforced Disappearance.
According to the report, there is no definition for forced disappearances in the Constitution or Penal Code, and there are no articles that criminalize it.
However, certain forms of arrest are criminalized and temporary detention is regulated by certain laws that partly protect from forced disappearances.
The report added that President Abdel Fattah al-Sisi has issued a number of decrees in the absence of parliament, pertaining to rights and freedoms, which “strengthen the tools of repression” and violate human rights.
It cited the anti-terrorism law, which includes articles that legalize “practices that lead to forced disappearances,” and gives police and military forces powers that violate the Constitution and give them impunity.
The report concludes, “It is therefore no surprise that security forces is systematically involved in forced disappearances in Egypt, making it one of the most committed violations practiced on a daily basis against innocent citizens.”
Israeli Army Invades IMEMC/PCR Office In Beit Sahour
IMEMC News | October 11, 2015
Israeli soldiers invaded, on Sunday at dawn, the offices of the Palestinian Centre for Rapprochement (PCR)/International Middle East Media Center (IMEMC) and searched them.
The soldiers violently searched and ransacked our officers, after breaking the locks of the main door.
Because the invasion took place around 4 AM, Sunday morning, no staff were in the building as our offices are closed Sundays.
The soldiers also invaded and searched a few old nearby homes.
The Israeli military has invaded, ransacked and confiscated numerous files from the IMEMC and PCR in the past.
Surveillance video of Israeli soldiers breaking open the door of the PCR/IMEMC Palestinian News Office before they entered and ransacked the offices.
Thousands protest in Istanbul following Ankara blast
Press TV – October 10, 2015
Thousands of people have gathered on the streets of Istanbul in protest of the twin bomb blasts in Turkey’s capital, which claimed the lives of over 90 people.
Around 10,000 people converged on the city’s Istiklal Street, some carrying placards reading “The state is a killer” and “We know the murderers,” AFP reported on Saturday.
Similar demonstrations were held in other Turkish cities such as Izmir, Batman and Diyarbakir, some of which were dispersed with police intervention.
Following the deadly blasts, Russian President Vladimir Putin called for joint efforts on battling terrorism.
“It is necessary to unite efforts in the fight against this evil. What happened in Turkey… it certainly is an impudent terrorist attack, a terrorist crime with scores of victims. And of course it is an attempt to destabilize the situation in Turkey, a neighboring and friendly country for us,” said Putin on a televised broadcast.
Earlier in the day, twin explosions targeted activists who gathered outside Ankara’s main train station for a peace rally organized by leftist and pro-Kurdish opposition groups. According to a statement released by Turkish Prime Minister Ahmet Davutoglu’s office, at least 95 people were killed and 245 wounded in the attacks, 48 of whom are in critical condition.
Turkey imposes broadcast ban on Ankara bomb blast
MEMO | October 10, 2015
Turkey has imposed a temporary ban on showing images of Saturday’s bomb attack in Ankara for reasons of “public security”.
The ban also includes images of the aftermath of attack on a peace protest outside the city’s main train station.
The Supreme Board of Radio and Television said the prime minister’s office decided to impose the ban.
In a written statement, the board said the ban was imposed due to “security reasons” and “public security”. Such bans are usually put in place to prevent the spread of what the government refers to as terrorist propaganda.
Broadcasters can still cover statements about the twin blasts and air commentary.
Turkish journalist detained over tweets critical of Erdogan
Press TV – October 10, 2015
Turkish police have arrested the editor-in-chief of the English-language newspaper, Today’s Zaman, for reportedly posting a series of tweets critical of President Recep Tayyip Erdogan.
Bulent Kenes was detained after police raided the newspaper’s headquarters in the Turkish city of Istanbul on Friday.
The detention was televised live, while a crowd of supporters gathered outside the paper’s office with placards reading, “Free media cannot be silenced!”
The arrest came after an Istanbul judge agreed to a request by prosecutors to apprehend Kenes, claiming that tweets he had posted in August insulted Erdogan.
The journalist, however, denied the accusations, emphasizing that he was instead exercising free speech.
“I will continue to oppose turning this country into an open-air prison and an unlawful, oppressive and arbitrary administration,” he said.
Back in June, Kenes was also given a 21-month suspended jail sentence over similar charges.
Meanwhile, the Turkish Journalists’ Union published a statement, saying that the case was “another example of intimidation of the media” ahead of elections in the country.
On October 3, Turkish journalists held a demonstration in Istanbul to protest against what they called the growing suppression of media and threats against reporters in the country.
The Turkish government has been under fire for alleged clamping down on journalists and sentencing them to long prison terms.
In June, center-left Turkish daily Cumhuriyet released a video, implicating the country’s National Intelligence Organization (MİT) in assisting the Daesh Takfiri militants operating against the Syrian government.
Irked by the revelations, the Turkish president, however, threatened that Can Dundar, Cumhuriyet’s editor-in-chief, would “pay a heavy price” for publishing the video.
Baby amongst children removed over Islamist radicalization fears
RT | October 9, 2015
More than 20 children including one baby have been taken into care over fears they could be subject to extremist views and radical Islam at home.
Children from at least 11 families have been subjected to court orders, which remove children into state care.
The youngest child is a one-year-old from Rochdale whose family were caught attempting to flee to Syria via Turkey earlier in the year.
The figures come after one of the most senior judges in the UK released new guidelines on the increasing number of extremist cases which are taken to family courts.
In many cases judges use court orders to protect children who are considered vulnerable to extremist behavior. The orders can include making the children wards of court, place them in foster care or prevent them leaving the UK.
President of the Family Division of the High Court Sir James Munby said on Thursday that the number of cases involving children had risen since the beginning of the year.
“Recent months have seen increasing numbers of children cases coming before … the family court,” he said.
“There are allegations that children, with their parents or on their own, are planning or being groomed to travel to parts of Syria controlled by the so-called Islamic State; that children are at risk of being radicalized; or that children are at risk of being involved in terrorist activities either in this country or abroad.”
Munby said police should be proactive in seeking court orders, and not rely on local councils. He added that the safety of vulnerable children was “paramount.”
His announcement came days after Prime Minister David Cameron highlighted the “danger” Islamic extremism poses in the UK, saying the “passive tolerance” of radical ideas was allowing the spread of dangerous rhetoric.
Hannah Stuart, counter-radicalization expert at the Henry Jackson Society, said terror groups are continuing to target young people.
“Both among those who support people joining the conflict in Syria or who want to see terror acts committed here, we see a recurring obsession with the radicalization of children.
“We are seeing a generation who are getting older and having children, and those children are growing up in an environment where there is a risk of them being taken to Syria – or being told that it is right to hate non-Muslims and desire martyrdom.”
Jordan: Human Rights Activist Sentenced to 10 Years in Prison After Unfair Trial Before State Security Court
Alkarama | October 5, 2015
On 29 July 2015, human rights activist Amer Jubran was sentenced to 10 years in prison by the State Security Court following an unfair trial during which confessions extracted under torture were admitted as evidence. In view of this decision, Amer appealed to the Cassation Court, which has not considered his case yet. Following this, Amer’s friends and family sent a communication to the United Nations Working Group on Arbitrary Detention (WGAD) in September calling upon the Jordanian authorities to release him immediately, as well as launched a campaign on his behalf.
Amer is a long-time activist for the Palestinian cause and an anti-war advocate who frequently expresses his political opinion on social media. After publishing articles criticising Israel’s policies against Palestine, on 5 May 2014 Amer was arrested by members of the General Intelligence Directorate of Jordan, an intelligence agency notoriously known for its sweeping powers to monitor public life in Jordan and its frequent use of torture and ill-treatment. He was kept in secret detention for almost two months, during which he was subjected to numerous acts of torture in order to obtain confessions, which would later be used as evidence during his trial. The acts of torture inflicted on Amer include 72-hour long interrogations, sleep deprivation, threatening his family, and severe beatings all over his body.
It is only two months after his arrest, on 27 June 2014 that his family was allowed to visit him for the first time for 10 minutes. In August 2014, Amer was charged with a series of terrorism-related offences, which included conducting “acts that threaten to harm relations with a foreign government.” On 29 July 2015, Amer was sentenced to 10 years in prison with hard labour, following an unfair trial before the State Security Court, a military court known for its lack of independence, as it is directly linked to the executive branch and its members are appointed by the Prime Minister. In prison, Amer currently fears that the Jordanian authorities will take retaliatory measures against him for speaking out about his case.
In view of these facts, Alkarama will raise Amer’s case before the UN Committee against Torture (CAT) in view of Jordan’s third review during the Committee’s 56th session, which will take place from 9 November to 9 December 2015. “Although Jordan is a party to the Convention against Torture (UNCAT) and has taken some encouraging legislative measures to put an end to torture – such as removing the term ‘illegal torture’ in Article 208 of the Criminal Code in January 2014 – violations of the right to physical integrity persist,” says Inès Osman, Legal Officer for the Mashreq at Alkarama. “The Jordanian special courts continue to rely heavily on confessions extracted under torture, which, added to their lack of independence, often leads to the arbitrary sentencing of people like Amer,” she continues.
Concerned over the systematic crackdown on dissent under the pretext of the fight against terrorism in Jordan, Alkarama calls upon the Jordanian authorities to:
- Adjust the legal framework, including by amending the Antiterrorism Law to create an environment where the freedoms of expression, association and assembly are respected;
- Abolish the State Security Court; and
- Implement the obligations arising from the Convention against Torture (UNCAT).
Al-Manar Cameraman Injured by Israeli Fire in West Bank
Al-Manar | October 6, 2015
Al-Manar TV cameraman, Salah al-Zayyat, was shot by the Zionist soldiers at the Qalandiya checkpoint on Tuesday in the West Bank while he was shooting the occupation attacks against the Palestinian people.
According to Al-Manar TV correspondent, Zayyat was wounded by a bullet in the abdomen during the Zionist attacks, and he has undergone a surgery in Ramallah hospital to extract the metal pieces that infiltrated into his body.
“Three others were wounded by the Israeli attacks, and dozens of people suffered from asphyxia due to the use of toxic gases by the Israeli enemy were treated in the scene,” the reporter added.
Saudi Government threatens death penalty for tweeting – reports
Reprieve – October 6, 2015
The Saudi Arabian Government has warned that people could face execution for tweeting “rumours,” according to the state-backed Makkah Newspaper.
In an article published online on October 3rd, the paper said that a “judicial source” at the country’s Ministry of Justice had “confirmed to Makkah Online that the death penalty is the harshest of the penalties that can be enacted upon those who spread rumours which create civil discord, via social media platforms like Twitter.”
Although the report does not use a named source, the nature of state-censorship in the Kingdom makes it unlikely that such claims would be made without the consent of the authorities. In addition, the Makkah Newspaper appears to enjoy government support – according to local news reports, it was launched last year by the Governor of Mecca, in the presence of the Minister for Culture and Information.
The report, translated by human rights charity Reprieve, appears to be the first time that the Saudi authorities have specifically threatened to use the death penalty for ‘offences’ committed on social media such as Twitter.
It comes in the wake of the news that Saudi Arabia plans to execute two people arrested as children: Ali Mohammed al-Nimr, who was arrested aged 17 for alleged involvement in anti-Government protests and faces beheading and ‘crucifixion’; and Dawoud al-Marhoon, who was arrested aged 17, also following protests, and faces beheading. Both have had their final appeals rejected and could face execution at any time.
The UK Government has faced criticism over a bid to provide services to the Saudi prison system – which will be responsible for Ali’s and Dawoud’s executions. Despite calls from Members of Parliament and NGOs to drop the bid, it has continued to pursue it.
Maya Foa, director of the death penalty team at international human rights charity Reprieve said: “Two weeks ago we heard of the Saudi government’s plans to ‘crucify’ Ali al Nimr for attending a protest when he was 17; now it appears they’re threatening social media users with the death penalty. The Kingdom is executing people at double the rate of last year, with many of those facing the swordsman’s blade sentenced to death for drug offences, attending protests or exercising their right to free speech. It is unthinkable that people could face a death sentence for a simple tweet, yet so far, neither the UK nor the US – both key allies of Saudi Arabia – have taken a strong line against this appalling behaviour. Instead, the British Government is bidding to supply services to Saudi prison authorities – those who will be responsible for carrying out the execution of Ali and scores of others like him.”
