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The Extraordinary Trial of Arthur Topham

Part 1

By Eve Mykytyn | Dissident Voice | November 7, 2015

Five security guards, members of the RCMP, two in bulletproof vests, all entrants pass through metal detectors, undergo a wand search, check all electronics including cell phones and have their bags meticulously scrutinized. Why all the security? The crown was presenting its criminal case against Arthur Topham, for the crime of “hate.”

The Law
Section 319 of Canada’s criminal code is an extraordinary law by most western standards. It reads, in relevant part: “(2) Every one who, by communicating statements, other than in private conversation, willfully promotes hatred against any identifiable group is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.

The statute does not define hatred, but does provide 4 statutory defenses.

(a) if he establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

It is important to understand that the prosecution (the Crown), with all of its resources, need only prove ‘hate,’ and then the only available defenses are affirmative, meaning that the burden of proof switches to the defense.

This week I attended some of the extraordinary trial of Arthur Topham in the Supreme Court (the highest provincial trial court) in Quesnel, British Columbia. As a lawyer, the differences in procedure between American and Canadian courts were of interest to me. Ahead of the trial, I read a little about the Canadian legal system and found that on paper the differences appeared minor. I don’t know if the huge differences in practice that I observed in this trial has to do with the way trials are usually conducted in Canada, the understandable loosening of formality in a court in a small town and/or the nature of the trial.

The Background

The history of Mr. Topham’s travails can be found here.

It is sufficient to understand that this trial follows eight years of harassment. Mr. Topham has already had to close his successful remodeling business. This is a criminal trial, and Mr. Topham could go to prison for two years. Mr. Topham and his wife live on a remote property on which they maintain a chicken coop, grow vegetables and engage in other rural activities. But it is clear that Mrs. Topham could not live there alone. These are not wealthy people. Mrs. Topham told me that she is not a political person, but she loves and supports her husband and believes in free speech. The defendant and his wife have exhibited bravery, courtesy and calm to a degree that is awe inspiring.

The police arrested Mr. Topham for ‘hate’ after they received complaints from various Jewish people who found his writing hateful. Although the police clearly knew where he lived, they arrested Topham as he and his wife were driving, leaving his wife stranded and Mr. Topham in jail. While jailed, Mr. Topham’s house was searched and his computers, shotguns and other items were taken. (Shotguns are essential in an area where grizzlies often decide to take up residence on the porch.)

The Trial

I understand that before I arrived, the Crown presented the arresting and investigating officers. Clearly the officers are not qualified to establish ‘hate,’ so how does the Crown do this? There is no victim to present, no one whose injuries the jury must assess, instead it is to the jury to decide if ‘hate’ is present, no injury need be shown.

The Crown chose to use an expert witness to show hate, and qualified Len Rudner as an expert in Judaism and anti-Semitism. Mr. Rudner’s biography indicates that he is a ‘professional Jew,’ in that he has been employed for the last 15 years by the Canadian Jewish Congress and its successor organization, the Centre for Israel and Jewish Affairs (CIJA). Prior to this trial, Rudner has attempted to force Mr. Topham’s internet service provider to shut down his web site, and has lodged civil complaints against Mr. Topham.

The crown used its questioning of Rudner to introduce what it considered to be the most damaging articles on Topham’s site, Radical Free Press (RFP). These included a list of books and articles, all of which are easily accessible on the internet and/or for sale at Amazon.ca.

Most of these publications accuse Jews of some pretty nasty politics. What at first appeared to be the Crown’s most damning evidence was a picture of a stereotyped Jew holding puppets that were Canadian politicians. On cross examination, it was hard for Mr. Rudner to counter what a careful viewing showed to be a clear political statement. I think the shocking picture of the Jew served to make the statement more powerful. But is it the job of the court to evaluate the strength of a political cartoon?

Without going to the truth of the matters presented, I am troubled that Mr. Topham is on trial for reprinting sources that are widely available in Canada. Again, on cross examination, Mr. Rudner had to admit that this was so. A quick google search for “the protocols of the Elders of Zion,” reveals hundreds of sources that display the protocols in full.

The procedure, at least in this court, was that all objections had to be heard outside the presence of the jury. This meant that each objection forced the jury to leave the room (not the judge and the lawyers) thus making an objection, even for the record, was a cumbersome and time consuming process.

In one of these interminable objection interludes, the Crown stated that ‘free speech is not on trial here.” Shockingly, Judge Butler echoed her sentiments. Legal fictions (such as that all lawyers are capable of providing an adequate defense) are generally employed to allow the system to work. In this case, the legal fiction went to the charge itself. Mr. Topham is on trial for writing and for publishing articles that presumably reflect his beliefs. What else is free speech if not that?

Mr. Rudner indicated under direct examination that he was the author of the written expert opinion he provided to the court. This was troubling, because the Crown had originally employed Bernie Farber as its expert, and Mr. Farber had provided an opinion that was word for word the same as Mr. Rudner’s. If Mr. Rudner did not commit perjury, he was at least deceptive in his presentation of his expert opinion.

The Defense

Barkley Johnson, defense attorney extraordinaire, gave an opening argument that was an impassioned call for freedom of thought and speech. Later the Crown objected, but the damage so-called had been done. Mr. Johnson endured a tongue lashing and a civil procedure lesson from the judge. The jury was instructed to ignore some of Mr. Johnson’s speech. I assume that this helped plant the speech more firmly in their minds.

Mr. Topham countered the charge of hate and argued as a defense that the writing was political with an expert of his own. Gilad Atzmon, the iconoclastic jazz musician, writer and philosopher volunteered his time to help. It seems wrong to enjoy a presentation when a man’s freedom is at stake, but it was delightful to watch Mr. Atzmon ignore or flaunt every rule of procedure and get away with it.

Atzmon was qualified as an expert on Jewish Identity Politics a topic that clearly few in the court had heard of. In his most amusing argument on the subject, Atzmon explained that there was a section on identity politics in every bookshop, and that topics included the LBGT community. Faced with political correctness, the court backed off and agreed to allow Atzmon in as an expert.

Atzmon began by explaining his system of characterization. He divides ‘the Jews’ into three non-exclusive categories. The first, Judaism, is made up of religious Jews. The second, Jews, are people who are Jewish by an accident of birth. The third, and most important category for this purpose is ‘Jewishness,’ those who identify politically as Jews. Mr. Atzmon described the first two categories as innocent. Objections were raised, innocent is, after all, a legal conclusion and if the first two are innocent, the third is, by implication, guilty. Judge Butler agreed with the Crown’s objection and then allowed Atzmon to proceed in describing the first two categories as innocent. From then on, the defense attorney, the prosecution and the judge adopted these categories for clarity of discussion.

Atzmon argued that contemporary opposition to Jewry is driven by political and ideological arguments; that no one criticizes Jews as a race or a biology. There is little criticism of Judaism, the religion, as a whole, but there has been some criticism leveled at a few aspects of the religion such as blood rituals and goy hatred. The thrust of his argument was that Jewish politics and ideology must be subject to criticism like all other politics and ideologies.

Like a rabbi on acid, Atzmon explained his philosophy, allowed few questions, and browbeat the attorneys. He dealt with his own philosophical approach to Jewishness and the dangers of believing oneself ‘chosen’ and then he got in a few swipes at categories one and two as well. The jury was mesmerized. Later, Atzmon told friends that he had directed his remarks to the juror sleeping in the first row. If he could be made to listen, presumably the others could as well.

Atzmon made the point that many of the most apparently anti-Semitic writings were made by the early Zionists. According to Atzmon, Herzl and others saw a problem with European Jewry and thought that the existence of a homeland could cure problems such as usury, discrimination against non-Jews, exclusiveness, etc. The take away is that if Jews are entitled to criticize Jews, why can’t other people? This is especially true because the Jews have a disproportionate amount of power in government, finance and the media. They clearly have the means to counter criticism if they choose to do so.

  • Part 2 will cover the closing arguments and the verdict.

Eve Mykytyn graduated from Boston University School of Law and was admitted to bar of the state of New York.

November 8, 2015 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture, Timeless or most popular | , , | Leave a comment

A guide to Palestine in the British media

By Amelia Smith | MEMO | November 6, 2015

2f6e1922-52b1-465b-9b95-179fc9c25fe7On a trip to Cuba in May, I had to look twice when an elderly man selling newspapers walked past the restaurant I was eating in. On the front page of one was a huge photograph of an Israeli soldier holding a Palestinian boy by the neck, the boy’s face twisted away from the camera in pain.

The photo said it all: an aggressive, well-built soldier wearing a helmet, bulletproof vest and carrying a machine gun was manhandling a child half his size, not more than 10 years old, dressed in jeans and a t-shirt. Why was I so shocked to see such an image published on the front page of a mainstream newspaper? Because this would be a rare moment in the UK.

Over here, the images that are used to represent almost 50 years of military occupation are of Palestinian youth throwing stones, black-and white-kuffiyeh wrapped around their faces. The Cuban picture portrays the Palestinian as the subject of aggression, the UK image as the perpetrator; just like that, our media helps perpetuate the myth that Palestinians are faceless terrorists predisposed to random outbursts of violence and against whom Israel has every right to defend itself.

A closer look at how the British media has covered the recent escalation of violence in Palestine reveals some worrying trends. For the past year right-wing Israeli groups have entered the Haram Al-Sharif compound daily with their armed escorts, often chanting anti-Arab and anti-Palestinian slogans. This came to a head on 13 September when a group of settlers and the Israeli minister of agriculture Uri Ariel, protected by Israeli soldiers, actually entered the Al-Aqsa mosque shooting tear gas, stun grenades and rubber coated steel bullets at worshippers, injuring Palestinians inside and causing damage to the interior of the mosque.

With this in mind take a look at how these confrontations were described in the Telegraph : “Four Israelis and 23 Palestinians have died in 12 days of bloodshed fuelled in part by Muslim anger over increasing Jewish access to the Al-Aqsa mosque compound in Jerusalem.”

And earlier in the year, Reuters reported that: “Those groups [devout Jews and Israeli nationalists] are at the centre of a creeping shift in Jerusalem: After 900 years, Jews are chipping away at Muslims’ exclusive control of the site, the third holiest in Islam. The shift, which has provoked violence in the past, threatens to open a dangerous new front in the Israel-Palestinian conflict, adding religious enmity to a political struggle in the very heart of the disputed city.”

Not only do these reports reduce the provocation by Israeli settlers and soldiers in the Al-Aqsa mosque to Muslim anger and a failure to compromise over increased Jewish access to the compound, but they make the current protests in Palestine sound as though they are merely a religious dispute. Al-Aqsa is the third holiest site in Islam and holds huge religious significance for Muslims across the world, but Palestinians are also protesting against almost 50 years of military occupation under which their land has constantly been taken away from them.

Since 14 September, 72 Palestinians and 11 Israelis have been killed and over 8,000 Palestinians and 134 Israelis have been injured – yet many reports have picked out and highlighted the knife attacks carried out by Palestinians, using phrases such as “Israel’s knife terror”, describing “knife wielding” Palestinians or “anti-Israeli knife attacks”. The following report published on the BBC answered the question of what is happening between the Israelis and the Palestinians in the following manner:

“There has been a spate of stabbings and gun attacks on Israelis by Palestinians since early October, and one apparent revenge stabbing by an Israeli. The attacks, some of which have been fatal, have struck in Jerusalem and in northern and central Israeli cities and towns, and in the occupied West Bank. Israel has tightened security and clashed with rioting Palestinians, leading to deaths on the Palestinian side. There has also been associated violence in the border area inside the Gaza Strip.”

Note that there is not even a mention of what took place at Al-Aqsa mosque on 13 September. The weapons used by Palestinians are specified but Israel’s excessive use of tear gas, stun grenades, live ammunition and rubber bullets is not included.

The term “Palestinian rioters” (other reports have used “Muslim rioters”) has been widely adopted in the British media; the notion of “rioters” is associated with wild disorder and conjures up very different images than the word “protesters”, which suggests a group of people who are simply asking for their rights. Another common term used in the above quotation and frequently in other articles is “clash”, which implies fighting between two equal forces– Israeli soldiers, part of the fourth largest army in the world, storming the Al-Aqsa mosque and firing tear gas and rubber bullets at Palestinians armed with stones, sticks and knives cannot be described as a “clash”.

Deaths on the Palestinian side are a result of rioting Palestinians, and so somehow justified. This headline from Reuters, this one in the Independent and this one in the Daily Mail all report Palestinian deaths but say they took place after Palestinians attacked Israelis with knives. In contrast, this article from the BBC is typical of how Israeli casualties are reported across the media: “Three Israelis killed in Jerusalem bus attacks.” No justifications or explanations of the deaths in sight.

The BBC casually writes about “associated violence” in the Gaza Strip. Between 13 September and the publication of this article, 12 Palestinians in Gaza have been killed, including 26-year-old Nour Rasmi Mohammed Hassan who was five months pregnant and her three year-old daughter, both of whom were at home when an Israeli airstrike hit their house.

Rather than recognise that their excessive use of force and almost 50 years of occupation – under which Palestinian homes have been demolished, children have been arrested, freedom of movement restricted and Gaza placed under siege – may evoke anger in some Palestinians, Israeli authorities, echoed in news reports, would rather blame Palestinian leaders and the use of social media for “inciting” violence, as seen in this headline: “Israel sentences Islamic leader to jail for incitement”; and this one too: “Is social media driving the current violence?”

In this video, Israeli security forces have planted undercover stone throwers among a group of Palestinians who then turn on one of the Palestinians in the same group before ten Israeli soldiers drag him away (note – excessive use of force). In fact there are numerous videos online that highlight Israeli aggression and incitement of violence towards Palestinians but they are not widely published in the mainstream press. This particularly disturbing video filmed on a mobile phone in Aida refugee camp last week captures an Israeli soldier announcing: “You throw stones and we will hit you with gas until you die – the children, the youth, the old people; you will all die. We won’t leave any of you alive.” This video shows an Israeli soldier running over a Palestinian then preventing paramedics helping him; this one shows settlers throwing stones at Palestinian homes in Hebron.

On 16 October, much media attention was focused on the case of a Palestinian man who dressed up in a press jacket and inflicted moderate wounds on an Israeli soldier in Hebron before being shot dead by another soldier. On the same day, four other Palestinians died, including 36-year-old Shawqi Jamal Jaber Ebeid who succumbed to injuries after sustaining a bullet wound to the head a week before whilst working in a stone factory in Gaza. His story is much harder to find and yet it is part of the media’s job to help give a voice to those who have been deliberately silenced – those like Shawqi Ebeid and his family – and to hold politicians and people in authority to account when they do something wrong; even more so if they commit war crimes. If, however, the media is complicit in silencing those same people, then in some cases we may be looking at political propaganda dressed up as news.

November 7, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Mainstream Media, Warmongering, Subjugation - Torture | , , , , , , | Leave a comment

ICC prosecutor must rethink Gaza flotilla probe: Judges

Press TV – November 7, 2015

Judges at the International Criminal Court (ICC) say the court’s prosecutor must reconsider an earlier decision not to open a probe into an Israeli attack on a Gaza-bound aid flotilla back in 2010.

Following a few months of deliberations, judges at the appeals chamber ruled on Friday that prosecutor Fatou Bensouda must rethink her decision against the Gaza flotilla probe.

Judges at The Hague-based court had initially asked Bensouda to reconsider her decision in July, saying she made “material errors in her determination of the gravity” of the case.

The latest decision could force Bensouda to open a full investigation into the case.

Last year, Bensouda declined a request by the Indian Ocean island nation of Comoros to investigate the attack on the Turkish Mavi Marmara ship that was sailing under a Comoros flag. She ruled the case was not serious enough to merit an ICC probe.

The prosecutor said publicly available information provides “a reasonable basis” to believe that the Israeli forces committed war crimes during the attack in international waters back in 2010, but the case does not fall under their jurisdiction for an official probe.

However, lawyers representing Comoros had sought a review of Bensouda’s original rejection, insisting that “the interests of justice and fairness, which are the core of the ICC’s mandate, strongly militate in favor of the prosecutor reconsidering her decision.”

On May 31, 2010, Israeli commandos attacked the Freedom Flotilla in international waters in the Mediterranean Sea, killing nine Turkish citizens, including a teenager with dual Turkish-US citizenship, and injuring about 50 other people who were part of the team on the six-ship convoy. Another injured activist died in May 2014 after having been in a coma for four years.

The flotilla was attempting to break the Israeli naval blockade of the Gaza Strip, carrying aid to Palestinians in the enclave.

Gaza has been blockaded since June 2007, a situation that has caused a decline in the standard of living, unprecedented levels of unemployment, and unrelenting poverty.

The attack sparked international outcry and plunged relations between Tel Aviv and Ankara to an all-time low at the time.

November 7, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Illegal Occupation, Subjugation - Torture, War Crimes | , , , , , | Leave a comment

Cops Who Killed 6-yo Boy Lied About his Dad Having a Warrant & Gun – He Had Neither

Cops-Who-Killed-6-yo-Boy-Lied-About-his-Dad-Having-a-Warrant

By Johnny Liberty | The Free Thought Project | November 6, 2015

Marksville, LA – On Tuesday, November 3rd, 6-year-old Jeremy Mardis was tragically gunned down after being unwittingly thrust into a police pursuit. Now, officials are acknowledging that there may have been no justification for the officers’ actions.

Initial reports claimed that Jeremy’s father, 25-year-old Chris Few, was being served a warrant by Ward 2 City Marshals. However, police now admit that Few was not only unarmed when officers opened fire, but may not have had a warrant at all.

During a press conference Thursday afternoon, Louisiana State Police Col. Mike Edmonson said:

“We have no evidence of any gun found in his car,” When asked about Few’s alleged warrant Col. Edmonson replied; “I am not aware of one but I have not been provided with anything that says otherwise.”

Upon being reached for comment regarding the existence of warrants for Mr. Few, the Clerk of Court for the City of Marksville stated they had “nothing” and that they had never had any warrants out on him, according to KATC TV.

Chris’ step-father, Morris German, has also been vocal in his disbelief of the original police account. He said that he strongly doubted his stepson was armed and that he could not believe he would flee authorities with his son in the vehicle.

“I can’t see him doing that with his son in the car,” He said. “That doesn’t sound like him at all.”

Officers initially claimed that Chris had backed up into a police cruiser several times when the chase ended on Martin Luther King Drive, but officials agree there is no evidence that this took place prior to officers opening fire. The Louisiana State Police are now investigating the incident and reviewing footage of the incident from a body camera one of the officers was wearing according to a source for WAFB.

The emergence of these details (while unsurprising to those that have followed the cases of Zachary Hammond and Samuel Dubose) certainly leave one with more questions than answers. There is no doubt that many of the deadly shootings we are currently seeing are a result of the 2014 supreme court decision (Plumhoff v. Rickard) which authorized the use of deadly force to end police pursuits.

Sadly, we are now witnessing the outcome of this decision. According to Avoyelles Parish Coroner Dr. L.J. Mayeux, Jeremy was shot by police five times and died from wounds to his head and chest. His father was also severely wounded and is currently in critical condition.

As history shows us. When agents of the state are given blanket authority to gun citizens down with impunity, the end result will always be tyranny. Is this the future we want for our children?


Johnny Liberty is a researcher and investigative journalist. You can follow him on twitter @LibertyUnltd

November 7, 2015 Posted by | Civil Liberties, Subjugation - Torture, Video | , | Leave a comment

Egyptian army shoots, kills Palestinian fisherman off Gaza coast

Ma’an – November 5, 2015

-2126892910GAZA CITY – Egyptian military forces shot and killed a Palestinian fisherman off the coast of the southern Gaza Strip on Thursday afternoon, the Ministry of Health in the besieged enclave said.

Ashraf al-Qidra, spokesperson of the ministry, said Firas Mohammad Miqdad, 18, from Rafah was shot in the abdomen by Egyptian forces while at sea and died from his injuries.

It is unclear why Egyptian forces opened fire.

In May, Egyptian naval forces opened fire at a Palestinian fishing boat off the coast of the southern Gaza Strip, injuring a fisherman from Rafah.

Egypt upholds an Israeli military blockade on Gaza, keeping borders largely closed and limiting imports, exports, and the freedom of movement of its residents.

The threat from Egyptian forces comes as Palestinian fishermen already face daily risks in order to make a living, including routine harassment from Israeli naval forces, confiscation of boats and materials, detention, and potentially death.

Israeli forces reportedly fired towards Palestinian fishing boats on a daily basis last week, according to documentation by the UN agency for Palestinian refugees.

November 6, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , | Leave a comment

Israeli forces kill Palestinian woman, 72, after alleged car attack

Ma’an – November 6, 2015

BETHLEHEM – Israeli forces shot and killed an elderly Palestinian woman after an alleged vehicle attack in Halhul, north of Hebron on Friday.

A spokesperson at the Shaare Zedek Medical Center in Jerusalem told Ma’an that the woman, aged 72, was dead upon arrival at the hospital.

Israeli media reported that the woman attempted to run over Israeli soldiers in Halhul and was shot and seriously wounded by Israeli forces.

The Jerusalem Post said that a “suspicious vehicle” drove at Israeli soldiers, with forces opening fire at the car.

No Israeli injuries were reported.

The victim was identified as Tharwat al-Sharawi, 72. Her husband, Fouad, was killed by Israeli forces during the 1st Intifada.

Two Palestinian youths who were standing at a gas station nearby were injured as Israeli gunfire shattered the car’s windows.

Both youths were taken to the al-Ahli hospital in Hebron to treat their injuries, which were described as moderate.

Al-Sharawi was the 74th Palestinian to be killed since the beginning of last month, the majority of whom were shot dead by Israeli forces during alleged, attempted, and actual attacks on Israeli military and civilians.

On Wednesday, Ibrahim Skafi, 22, was also shot dead by Israeli forces in Halhul after a vehicular attack that left a 20-year-old border policeman seriously injured.

The town of Halhul, north of Hebron city, was sealed by Israeli forces following the attack.

Recent attacks come as Israeli intelligence said earlier this week that a recent lull in violence was unlikely to be long-term, citing high levels of frustration among the Palestinian public.

Tharwat al-Sharawi, 72.

November 6, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , , | Leave a comment

Our Brand Is Impunity: Why is the U.S. Harboring Bolivia’s Most Wanted Fugitive?

New film Our Brand is Crisis doesn’t tell us how a president who authorized the massacre of indigenous Bolivians has lived with impunity in the US for 12 years

By Emily Achtenberg – Rebel Currents – 10/29/2015

Our Brand Is Crisis, a new feature film produced by George Clooney and “inspired by true events,” tells the story of a presidential campaign in a fictional Latin American country that is besieged by social unrest.

In real life, the country is Bolivia, the year was 2002, and the candidate was Gonzalo Sánchez de Lozada (“Goni”), a deeply unpopular former president who was propelled to victory by the nefarious campaign strategies of prominent U.S. polling and marketing consultants Greenville Carville and Shrum. Goni, a U.S.-educated millionaire mine owner, won the election with only 22% of the popular vote.

What the film doesn’t show is what happened less than a year later. In October 2003, Goni authorized the violent repression of indigenous citizens who were protesting the privatization of Bolivia’s oil and gas reserves, and the proposed export of cheap gas to the U.S. through Chilean ports. The results were 68 dead and 400 injured, including onlookers and children. Most of the violence took place in El Alto, the indigenous city overlooking La Paz that was the epicenter of Bolivia’s “Gas War.”

The massacre sparked a popular uprising that led to Goni’s resignation, followed by a chain of events culminating in the 2005 election of Evo Morales as Bolivia’s first indigenous president. Goni and his defense minister Carlos Sánchez Berzaín fled to the US, where they have lived for 12 years in comfort, relative obscurity, and with full impunity, shielded by successive Republican and Democratic administrations.

Bolivians, though, have not forgotten. This past month, in what has become an annual ritual, families, survivors, and friends of the victims marched in El Alto, together with hundreds of supporters from popular and neighborhood organizations, to commemorate the events of “Black October” and demand that the perpetrators of violence be brought to justice.

Beyond his infamous responsibility for Black October, Goni is equally despised in Bolivia for overseeing a radical neoliberal program of privatization, austerity, and deregulation at the behest of the US government and international financial institutions. While helping to reduce hyperinflation, these free-market reforms also led to rising unemployment, deepening poverty, and transnational corporate control of Bolivia’s economy.

In 2004, after a concerted campaign by the victims’ families and human rights groups, more than two-thirds of the Bolivian Congress—including many members of Goni’s own party—voted to authorize a “trial of responsibility” for the perpetrators of the Black October violence. Seventeen former military and government officials, including Goni and Sánchez Berzaín, were charged with serious human rights crimes, including homicide, torture, and “genocide in the form of a bloody massacre.” Seven have been tried and convicted in Bolivia, receiving prison sentences of 3-15 years in a landmark 2011 case. However, under Bolivian law, those who fled into exile cannot be held legally accountable unless the government succeeds in extraditing them.

The Bolivian government’s initial petition for the extradition of Goni and Sánchez Berzaín, filed in 2008, was rejected by the U.S. State Department in 2012, seemingly because some charges lacked equivalency in U.S. law. A revised request, filed in July 2014, is still pending.

The obstacles to success remain formidable, including Goni’s long-standing dual citizenship, advanced age (85), and, especially, his close ties to powerful US politicians and business tycoons. In addition to his relationship with top Democratic political operatives James Carville, Stan Greenberg, and Bob Shrum (detailed in the original Our Brand is Crisis, an excellent 2005 documentary by Rachel Boynton), Goni was advised in his 2002 campaign by Mark Feierstein, who currently serves as Obama’s Senior Director for Western Hemisphere Affairs at the National Security Council. Greg Craig, Goni’s former attorney, coordinated Bill Clinton’s legal defense during his impeachment trial and later became Obama’s White House Counsel.

Last April, Goni was a featured speaker in a lecture series at Mercer University’s Center for Undergraduate Research on Public Policy and Capitalism, financed by the Koch brothers. More than 300 US solidarity activists, academics, and representatives of civil society organizations protested the event in a letter to the university president, requesting that video testimonies offered by the Black October victims’ families also be aired to provide a more balanced perspective.

Underlying the conflict over extradition is the fraught political relationship between Bolivia and the US that has persisted throughout the Morales era, characterized by mutual distrust and a tendency on both sides to exploit ideological differences for domestic political gain. The two countries have not had formal diplomatic relations since 2008, when Morales expelled U.S. Ambassador Philip Goldberg for suspected consorting with conservative opposition leaders who were actively seeking to destabilize his government—a suspicion subsequently borne out by Wikileaks cable revelations—and the US responded in kind.

In 2013, Morales also expelled USAID for meddling in domestic political affairs, an accusation that gained widespread traction due to the agency’s lack of transparency in funding. A few months later, the grounding of Morales’s presidential jet in Europe when the U.S. suspected that fugitive Edward Snowden might be on board substantially undermined a new “framework agreement” for bilateral relations negotiated by the parties in 2011.

Morales has repeatedly clashed with the U.S. over drug policy. In 2008, he expelled the U.S. Drug Enforcement Agency (DEA), symbol of the repressive U.S. War on Drugs, to embark on a new anti-drug trafficking strategy that acknowledges Bolivia’s traditional uses of coca and enlists the powerful coca growers’ unions in regulating their own activity through social control.

Despite a recent United Nations report documenting the success of this policy, in the form of a significant reduction in Bolivia’s coca-growing acreage, the U.S. has continued to “decertify” Bolivia for “failing demonstrably” to curb illegal drug trafficking. This means that the U.S. will likely continue to deny previously-granted trade preferences for Bolivia’s manufacturing exports, an economic sanction that Bolivia deeply resents.  Recent revelations that the US has secretly indicted several top government officials and their associates as a result of a DEA drug sting have reinforced Morales’s suspicions that a vengeful DEA is working to undermine his administration.

Still, with the recent U.S.-Cuba thaw setting a new standard for diplomatic pragmatism in the region, there is good reason to anticipate that U.S.-Bolivia relations will improve. As with Cuba, a primary motivating factor is likely to be the availability of new markets for U.S. businesses in Bolivia, now that, with the end of the commodities boom, the Morales government has stepped up its efforts to attract foreign capital.

Just this past week, Morales showcased investment opportunities in Bolivia’s hydrocarbons, mining, energy, manufacturing, and tourist sectors at a New York City conference, “Investing in the New Bolivia.” The event, sponsored by the London-based Financial Times (FT), drew more than 150 corporate and financial representatives from the U.S .and around the world, with 34 companies (including Seattle-based Boeing) expressing significant interest.

Despite Morales’s warnings that foreign companies must partner with the government and not meddle in domestic politics —important differences from the neoliberal Goni era— Bolivia’s new pro-business climate could go a long way towards countering the recent history of ideological and rhetorical conflict between the two countries. Even so, with Goni’s still powerful bipartisan connections, it’s hard to say whether improved economic and political relations could elevate the status of Bolivia’s extradition request on the bilateral agenda. It’s also unclear whether extradition is still a top priority for the Morales government, or has been superseded by other nationalist causes—such as Bolivia’s demand for the return of its seacoast from Chile—that have gained new political traction.

Meanwhile, a civil suit filed against Goni in 2014 by the families of Black October victims, seeking compensatory and punitive damages under the Alien Tort Statute and the Torture Victim Protection Act, is progressing slowly through the US courts. Last May, Goni was forced to submit to a 6-hour deposition, an emotional experience for the families— and the first and only time he has appeared in a judicial forum to account for his crimes. The families are also pursuing claims in the Bolivian courts to allow the assets of those convicted of Black October crimes to be auctioned off and paid to them as reparations.

Here in the US, solidarity activists have launched a parody website to tell the true story of state violence and impunity that lies behind the fictionalized Our Brand is Crisis. It includes video testimonies from the families of Black October victims and survivors and a petition demanding Goni’s extradition.


Emily Achtenberg is an urban planner and the author of NACLA’s blog Rebel Currents, covering Latin American social movements and progressive governments

November 5, 2015 Posted by | Deception, Economics, Mainstream Media, Subjugation - Torture | , , , , | Leave a comment

47 Americans Died This Year After Taser Shocks; Many Police Shun Guidelines

The Crime Report | November 5, 2015

While deadly police shootings in the U.S. have gained international attention this year, 47 lesser-known people have lost their lives after law enforcement officers deployed a Taser, says The Counted, an ongoing investigation by The Guardian documenting fatalities after police encounters. All but three of those who died were unarmed; 40 percent of them were black. In at least 53 percent of such cases, the suspect was displaying signs of intoxication before his or her death. Many died after shocks administered seemingly in violation of national guidelines, by officers belonging to a police department with lax rules on how these less-lethal weapons should be used.

As Tasers became an increasingly prevalent part of police officers’ arsenals around the world, the U.S. Justice Department funded the Police Executive Research Forum to revise guidelines on their use in 2011. These rules are designed to encourage officers to know Tasers “should not be seen as an all-purpose weapon that takes the place of de-escalation techniques” – and to acknowledge the lethal potential of electronic control weapons (ECW) deployed for more than three standard shock cycles of five seconds each. “When Tasers were first introduced, it was thought they really could be used without causing any harm,” said PERF’s Chuck Wexler. “Subsequently, in our research and work, we realised that extended use of ECWs could cause injuries and death. That is why we stipulate restrictions on their use.”

November 5, 2015 Posted by | Civil Liberties, Subjugation - Torture | , | Leave a comment

EU panel slams Kiev’s probe into Odessa 2014 tragedy for lack of independence

RT | November 4, 2015

An EU panel on Ukraine has slammed Kiev’s investigation into the May 2014 violence in Ukraine’s southern city of Odessa, saying it lacks independence. It also added there’s evidence that police were complicit in the disorder.

The Council of Europe’s International Advisory Panel said in a statement on Wednesday the probe failed to comply with the requirements of the European Human Rights Convention.

On May 2, 2014, Ukrainian ultra-right football fans attacked an anti-Kiev protesters’ camp outside the Trade Unions Building in central Odessa. Football hooligans were soon joined by Maidan activists – supporters of the pro-EU February protests in Kiev – and members of the Right Sector group. Violent clashes and a fire in the Trade Union Building led to 48 deaths and several hundred people were injured.

The Council of Europe’s International Advisory Panel found that the investigations lacked independence, pointing toward police complicity in the violence.

“Given the evidence indicative of police complicity in the mass disorder of 2 May 2014 and the hierarchical relationship between the SES [State Emergency Service] and the Ministry of the Interior, the investigations as a whole should have been carried by an organ independent of the Ministry,” the report states.

The Panel stressed that this calls for “an independent and effective mechanism for the investigation of serious human rights violations committed by law enforcement officers and other public officials.”

The report pointed to inefficient division of investigative work and inadequately allocated resources. The investigation of the actions of the SES was allocated to the local Ministry of the Interior, which remained inactive during the crucial early stages of the investigation.

The panel also stressed the “deficient quality of the investigation,” saying there were no efforts made until December 2014 to investigate the unexplained delay of over 40 minutes in the arrival of firefighters at the Trade Union Building.

The Panel also found that Ukrainian authorities failed to provide sufficient public scrutiny of the events.

“In contrast to the Maidan investigations, the authorities did not take any coordinated measures directly and regularly to inform the victims and next-of-kin about the progress of the investigations.”

The International Advisory Panel was constituted by the Secretary General of the Council of Europe in April 2014, initially to oversee the Maidan violence investigations. In September 2014, the Panel’s mandate was extended to examine whether the Odessa investigations met all the requirements of the European Convention on Human Rights and the case-law of the European Court.

To conclude, the Panel “considers that the deficiencies identified in this Report have undermined the authorities’ ability to establish the circumstances of the Odessa-related crimes and to bring to justice those responsible.”

As for their initial analysis into Ukraine’s investigation of the Maidan demonstrations, the Panel called Ukraine’s Interior Ministry “uncooperative and obstructive” and the investigation not meeting the requirements of the European Convention on Human Rights

November 4, 2015 Posted by | Civil Liberties, Deception, Subjugation - Torture | , | Leave a comment

International human rights defenders arrested and evicted while “Hebron is becoming ghettoized”

International Solidarity Movement | November 4, 2015

Hebron, Occupied Palestine – Two international human rights defenders were arrested in Hebron (al-Khalil) yesterday morning, November 3rd, while six others were ordered to leave an apartment in the H2 neighbourhood of Tel Rumeida by threat of arrest.

The German and American nationals were arrested at 7.50am while monitoring checkpoint 56 at the entrance of Shuhada Street, after being seemingly arbitrarily denied access to checkpoint 55 further down the street. They were arrested while peacefully observing the checkpoint on allegations of ‘disturbing soldiers’ and being in a closed military zone after a soldier at the checkpoint made a complaint to officers in a passing police vehicle.

The internationals were denied their legal right to communicate with their embassies, and were only given water to drink at the police station after repeated requests. ‘We were scared about what was going to happen, but we were still so much better off than the Palestinian we heard being beaten by Israeli forces in the police station’ one of the women announced. They were released at 4.30pm, on agreeing to sign conditions barring them from Hebron for one week. Immediately before being released from the police station, the investigating officer actually admitted that there was ‘no evidence’ against them, but they were still being punished for the soldiers allegations.

Several hours later, other members of the team were prevented from passing through Checkpoint 56 which divides Tel Rumeida from the H1 area of Hebron, which is under full Palestinian authority. As of Saturday, 31st of October, when Tel Rumeida was declared a ‘closed military zone’ for 24 hours, both internationals’ and Palestinian movement through the area has been severely restricted. Residents were ordered to register their ID’s or risk being prevented from passing the checkpoints which intersect the entire district.

While official documentation of the zoning of Tel Rumeida has been conspicuously inconsistent recently, the activists were shocked this afternoon when their passports were confiscated and they were confronted with an order to leave the closed military zone which encapsulates their apartment. Israeli forces demanded that they immediately sign an absent legal contract declaring their residency in the area, or they would be forcibly removed and deported.

Checkpoint 55 is frequented by students from several school groups, who pass it on route to and from schools which abut the Tel Rumeida illegal settlement. It was blocked for passage last Sunday in what soldiers described as “new measures against terrorism.” For years now international agencies have been monitoring the impact of the occupation on the schoolchildren of Hebron however this work has been severely restricted in recent weeks, amid mounting tensions in the district.

A volunteer with the International Solidarity Movement, a school teacher from Australia known as Phoebe, stated: “Will they never be satisfied? In the past month, Israeli forces have blatantly disregarded international law. They have performed extrajudicial executions of Palestinians in front of eyewitnesses with complete impunity.” She added: “We have been physically attacked on a daily basis by settlers in front of soldiers and police and then been ordered to leave, by threat of arrest for provoking them by our presence. We have been intimidated, harassed, abused, detained, and now this: arrest for our monitoring of human rights abuses on children and eviction for our presence in a fraught neighbourhood. Our presence is lawful and we believe more essential than ever.”

However, the internationals have stated their greatest concerns remain for the Palestinian residents of Tel Rumeida and the disturbing intensification of both settler violence and the physical manifestations of the occupation, including an expansion of infrastructure used to limit movement on the streets. Echoing concerns by local Palestinian residents, a Dutch volunteer stated that such measures have created an alarming sense that, “Hebron is being ghettoized.” He added, “if the international community does not react to this now then the illegal settlement will surely take over all of Tel Rumeida…This is what we are most afraid of.”

The internationals, from Holland, Italy, Britain, Germany, Unites States, Poland, France and Australia have vowed to return to their work of protective presence, monitoring and journalism in the district and consider this to be an appalling reflection on Israel’s supposedly democratic ideals.

November 4, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , | Leave a comment

Saudi authorities block contact with death row political prisoners

Reprieve | November 3, 2015

Reports have emerged that the family of political prisoners facing execution in Saudi Arabia have been unable to make regular, scheduled calls with the prisoners, raising concerns over their well being.

Ali Adubisi, the director of a Saudi human rights organisation in Europe who is assisting activist Sheikh Nimr and six other political prisoners, told Reprieve that Mr Nimr yesterday failed to make a regular weekly call – something which has never happened previously during over three years in prison.

Sheikh Nimr is facing beheading and crucifixion by the Saudi authorities over his involvement in political protests. Families of other political prisoners facing execution – including juveniles Ali al Nimr and Dawoud al Marhoon – have also expressed concern over their recent inability to make contact with them.

The highly secretive nature of the Saudi justice system means that prisoners are usually executed without their families or lawyers receiving any prior warning – making the apparent block on communications by the Saudi authorities particularly concerning.

The news comes as the UK Government reveals that, despite cancelling a bid to provide services to the Saudi prisons system, discussions with the Saudi Government over judicial cooperation are still “ongoing.” Reprieve is calling on the Government to provide further details on what such cooperation involves, and what safeguards are in place to ensure that the UK will not be complicit in Saudi Arabi’s death penalty system.

Commenting, Kate Higham, caseworker at international human rights organisation Reprieve said: “The apparent blocking of contact between families and political prisoners is deeply concerning – especially since those facing execution include several people sentenced to death as children over their involvement in political protests. The Saudi authorities need to ensure that legal representatives and families have unfettered access to their clients and loved ones, in addition to reviewing and overturning these unjust sentences.”

November 3, 2015 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture | , , | Leave a comment

Israeli forces redouble brutal efforts to curtail and isolate Palestinians’ daily lives

IMG_0216

International Solidarity Movement | November 2, 2015

Hebron, Occupied Palestine – On Sunday, 1st November 2015, Israeli forces prevented movement of Palestinians in various areas in al-Khalil (Hebron) that have previously been declared a ‘closed military zone’. Violence against school-children and teachers has seen a sharp increase. International observers documenting and reporting on the every-day restrictions and crimes of the Israeli forces are increasingly targeted by the Israeli forces trying to silence any reporting.

Salaymeh checkpoint

In the morning, students were allowed to pass through the checkpoint without any major problems. Just three days ago, Israeli forces extrajudicially executed a Palestinian youth who was lying on the ground after already being shot and seriously injured by Israeli forces, from a close distance, at this checkpoint. Three Palestinian adults were denied passage through the checkpoint by the Israeli forces, who refused to give any reason for turning them back. When international observers wanted to pass through the checkpoint after documenting the body-search of a Palestinian man, they were stopped by border police that denied them passage through the checkpoint. When asked for a reason, Israeli forces refused to give any reason, but forced them to move away from the checkpoint.

In the afternoon, when international activists walked towards the Salaymeh checkpoint to secure the pupils and teachers a safe journey home from school, the border police immediately told the internationals: “If you go through, you will never be able to come back”. When asked why, they just responded “those are the orders”. The internationals chose not to go through the check point but to monitor it from the inside, standing ten meters from the checkpoint as is the limit for how far authorities can require that observers stand. As the law requires that any orders regarding ‘closed military zones’ be displayed with dates and maps of affected areas, the activists asked to see this order. Immediately, the officer standing closest to them yelled to the other police in Hebrew to “bring pepper spray and handcuffs”, so the activists were made to move back to a place where the check point was still within sight. After around ten minutes a car with two male settlers stopped at the check point and talked with the soldiers. After that the soldiers approached the activists telling them to move further back out of sight of the checkpoint. The activists were forced to leave due to fear of violence from the police.

Queitun checkpoint

IMG_3859
At Queitun checkpoint this morning, approximately one hundred fifty children from several local schools remained outside after the start of school. Israeli Border police began shooting tear-gas grenades around 7:15 am, and very quickly shot thirteen rounds of tear-gas via grenades and canisters directly at dense clusters of pre-pubescent boys. Faces everywhere were red, swollen and tear-streaked.

Upon time to return home, four international human rights observers were denied passage through two checkpoints by Israeli forces first without explanation, and then on grounds that they had cameras in their possession, a restriction which is illegal by Israeli and international law.

In the afternoon, international observers were again denied their legal right to pass through the checkpoint without any reason.

Qurtuba school

This noon, children and teachers were prevented to return home by Shuada street by soldiers explaining the ‘closed military zone’ was ‘for security reasons’ and ‘a new measures against terrorism’. They stayed on the stairs, blocked by the army for nearly one hour. In the same time, four settlers including Anat Cohen and one who filmed with his phone convinced the soldiers to push the children back. Because of the children and teachers refusing to leave – as they were not allowed to proceed on the stairs –  soldiers called the police. After a long talk with the four settlers who didn’t want to leave the stairs and insulted the director and the children, the soldiers and the police finally authorized the children to go home and walk through Shuada Street in small groups of children and teachers. Israeli forces at the checkpoint threatened the children to walk faster, pointing their loaded guns at them.

Settler Anat Cohen making fun of school-children denied passage on their way home

Settler Anat Cohen making fun of school-children denied passage on their way home

School-children blocked on the stairs by Israeli forces

School-children blocked on the stairs by Israeli forces

School-children finally allowed to go home after more than an hour of wait

School-children finally allowed to go home after more than an hour of wait

Whereas in the morning, an actual order for a ‘closed military zone’ was still in place, the order was only valid from Saturday morning 8 am till Sunday morning 8am and thus not valid for the end of the school day.

'Closed military zone' order Photo credit: Youth Against Settlements

‘Closed military zone’ order Photo credit: Youth Against Settlements

The order for a closed military zone is a clear infringement on Palestinians freedom of movement and clearly only geared towards exactly this aim. Whereas Palestinians all over the areas declared ‘closed’ are forced to undergo constant body-searches, detentions, ID- and bag-searches and are randomly denied access on the soldiers whims, settlers from the illegal settlements within al-Khalil (Hebron) are allowed to freely roam the streets without being stopped at any time. International observers documenting and reporting are facing yet another instance in which Israeli authorities are making determined strides to completely rid Al-Khalil of any witnesses for the myriad and worsening ways in which they violate the basic rights of Palestinians on a daily basis.

All these measures clearly illustrate the real aim of the latest escalations in violence geared towards instilling fear in the Palestinian residents and ultimately force them to leave the area.

November 2, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , | Leave a comment