Argentina Not Only Wants To Bring In E-Voting, It Will Make It Illegal To Check The System For Electoral Fraud
By Glyn Moody | TechDirt | October 7, 2016
Earlier this year, we wrote about Australia’s refusal to allow researchers to check e-voting software being used in that country. The situation in Argentina seems to be even worse. Access Now provides the background (original in Spanish):
The ruling party in Argentina is driving the adoption of an electronic voting system for national elections. Despite stern warnings from computer security experts about the dangers of the system, the ruling party is persisting with the project and plans to put it to a vote in Congress in the coming weeks.
Techdirt readers hardly need to be reminded about the deeply-flawed nature of e-voting systems, but there’s a useful article on Medium (in Spanish) with plenty of links to hispanophone experts from widely-different backgrounds warning against the move.Imposing an e-voting system may be foolish, but Argentina’s plans manage to magnify that folly many times over. A blog post in Spanish by Javier Smaldone explains why:
The proposal provides for imprisonment (1 to 6 years) for conducting activities that are essential in any audit or independent review of the system.
Thus, it is intended to impose the use of computer system in the casting and counting of votes, and as if it were not already extremely difficult for any citizen to be sure how it works (and it is safe), anyone who tries to find out is punished with imprisonment.
It’s one thing to bring in an e-voting system that most experts say is a bad idea in theory. But making it effectively illegal to point out flaws that exist in practice is really asking for trouble. Unless this proposed law is changed to allow independent scrutiny of the systems, Argentina will probably find this out the hard way.
Obama’s Final ‘Jihad’ in Asia
By Wayne MADSEN | Strategic Culture Foundation | 06.09.2016
President Barack Obama has opted to ratchet up military tensions in Asia as one of his last foreign policy acts as president of the United States. Using climate change and free trade backdrops at the G20 Summit in Hangzhou, China and the U.S.-ASEAN and East Asia Summits in Vientiane, Laos as mirages intended to mask his aggressive military posture in the Asia-Pacific region, Obama seeks to cement his «pivot to Asia». It is Obama’s sincere hope that his anticipated successor, his former Secretary of State, Hillary Clinton, will expand on the expansionistic and aggressive regional showdown with China and Russia that his administration launched with his Asia «pivot».
The ultra-protocol conscious Chinese threw diplomacy and decorum to the wind when Obama touched down at Hangzhou International Airport and his national security adviser Susan Rice and deputy national security adviser became embroiled in an argument with Chinese security personnel. When White House officials traveling with Obama began issuing orders to the Chinese personnel, one Chinese official yelled at them, «This is our country. This is our airport». It was as if the Chinese, realizing that this would be their last encounter with Obama as president, were letting him and his war hawk national security team know who was the boss as long as they were on Chinese soil. At least on the tarmac at Hangzhou International Airport, the Chinese swung Obama’s Asia «pivot» back to China.
It was an ignominious final «haj» for Obama’s anti-Chinese jihad. Obama began his presidency in 2009 with being awarded, incredibly prematurely as it turned out, the Nobel Peace Prize. For the Asia-Pacific region, Obama’s presidency would end with angry words between his aides and Chinese officials at a Chinese airport.
Obama began his journey as the host for Pacific Island leaders at the Central Intelligence Agency front, the East-West Center, which is located at his mother’s alma mater, the University of Hawai’i. Obama was the official host at the 2016 Pacific Islands Conference (PIC) of Leaders at the CIA-linked center. Obama’s speech before the leaders, many from small Pacific island states, focused primarily on global climate change. Obama also addressed the World Conservation Congress at their meeting in Hawai’i.
Obama was schooled in anti-Chinese bigotry and Cold War fear tactics by his CIA mother and right-wing fascist Indonesian army stepfather while a child in post-1965 coup Indonesia. Obama, who is fully aware that the blood of 800,000 to one million Indonesians, Communists and ethnic Chinese Indonesian nationals, flowed in the streets, canals, and rivers of Indonesia from 1965 to 1967, the year he and his mother arrived in the country, believes it his birthright and duty to continue his familial “jihads” against «Communist» China that were instilled in him as a child, teen, and college student by his CIA-connected parents.
Papua New Guinea’s Prime Minister, Peter O’Neill, tipped off the press about the real purpose of the PIC before he departed Port Moresby for Hawai’i. O’Neill, who is in charge of one of Papua New Guinea’s most corrupt governments since independence in 1975, said that “regional security” shared the bill with climate change at the Hawai’i conference. In addition to independent Pacific Island states, the PIC includes the U.S. territories of American Samoa, Guam, Northern Marianas, and the state of Hawai’i.
U.S. Army Assistant Chief of Staff Colonel Tom Hanson, a relatively low-level official to be issuing policy statements, gave an ultimatum to Australia just prior to Obama’s departure for Hawai’i and Asia. Hanson told the Australian Broadcasting Corporation, “I think the Australians need to make a choice … it’s very difficult to walk this fine line between balancing the alliance with the United States and the economic engagement with China.” The statement chilled U.S.-Australian relations prior to Obama’s meeting with Australian Prime Minister Malcom Turnbull at the G20 summit.
Also on Obama’s agenda was pressuring certain PIC leaders who have shown signs of resisting the political status quo imposed by Washington. Northern Marianas Governor Ralph Torres, a Republican, recently signed into law the Second Marianas Political Status Commission that seeks to re-evaluate the islands’ current neo-colonial status imposed by the agreement that transformed the Northern Marianas into a colony where Asian sweat shops predominate and where those of Northern Marianas descent have little say over their domestic affairs. The Pentagon wants to turn the island of Tinian into a live-fire range, a decision that imperils the 3,000 residents of the island.
Another U.S. colony, Guam, has seen the growth of a Commission on Decolonization and an Independence for Guahan Task Force. Guahan is the proper Chuukese name for Guam.
Obama, a product of U.S. imperialist control over Hawai’i, the importance of which for Washington is solely military, has done everything possible to subvert and suppress the anti-colonial aspirations of the Pacific islands under U.S. domination and political influence.
The Obama administration has also been exercising subtle pressure on the Federation of Micronesia, a quasi-independent former U.S. Trust Territory, to deter movements for independence from the island groups of Chuuk and Yap. Under the Compact of Free Association, the U.S. effectively controls Micronesia and reserves the right o build military bases, through the federal government of Micronesia located in Pohnpei. Chuuk and Yap accuse Pohnpei of ignoring their own interests. Similar neo-colonialist “compacts” are in effect with the other former U.S. trust territories of the Marshall Islands, where the U.S. maintains a missile test range, and Palau, where the U.S. would like to build a naval base.
After departing Hawai’i for Asia, Obama stopped at the U.S.-controlled Midway Island, where he expanded the Papahānaumokuākea National Monument, a major marine wildlife sanctuary. However, the national monument, in addition to being the world’s largest marine sanctuary, also extends the protected wildlife area to the limits of America’s exclusive economic zone (EEZ). Ironically, it was China’s extension of its EEZ around disputed islands in the South China Sea, that resulted in Obama ratcheting up regional military confrontation with China.
Obama’s visit to another monument on Midway Island, the one honoring America’s decisive defeat of Japan in the Battle of Midway of 1942, had little to do with protecting sea turtles, albatrosses, and tiger sharks and everything to do with proclaiming America’s resolve to maintain the Pacific Ocean as an «American lake». The message to China and Russia could not have been more stark regardless of the masking of Obama’s military message with climate change and environmental optics.
Obama’s marine conservation visit to Midway is also suspicious. Under Obama’s neo-Cold War tactics, the United States is reopening abandoned or expanding previously scaled-down military bases in Iceland, Greenland, the Aleutian Islands of Shemya and Attu, Guam, American Samoa, and the Philippines. Midway, a former U.S. base, may also be see a renewed active military presence as part of Obama’s jihads against China and Russia. Midway Atoll is literally owned by the U.S. Interior Department. However, Midway’s Henderson Field is maintained as an active airport — which was capable of landing Obama’s Air Force One Boeing 747 — by a private company, American Airports Corporation. The company operates a number of airports in the western United States that were used to film some of the most jingoistic U.S. television shows, including the CIA propaganda series «24» and the U.S. Navy puffery series «JAG».
Obama, whose presidency has been buoyed by money and sycophancy from Hollywood, perhaps sees himself as not only waging a personal jihad against China and Russia but as a future action film star. It is a preferable option since as a movie star, Obama will only be able to wage fictional wars on movie sets.
MH-17 Probe’s Torture-Implicated Ally
By Robert Parry | Consortium News | July 3, 2016
A senior United Nations official has accused Ukraine’s SBU intelligence service of frustrating U.N. investigations into its alleged role in torture and other war crimes, even as the SBU has been allowed to guide the international investigation into the shooting down of Malaysia Airline Flight 17 for nearly two years.
On June 29, Assistant Secretary-General for Human Rights Ivan Simonovic criticized various “armed groups” in Ukraine for engaging in torture and arbitrary detention, adding that “The Security Services of Ukraine (SBU) is also not always providing access to all places where detainees may be kept. … OHCHR (the Office of the U.N. High Commissioner on Human Rights) also continues to receive accounts about torture and ill-treatment, arbitrary and incommunicado detention by the SBU, especially in the conflict zone.
“Torture and threats to members of the families, including sexual threats, are never justifiable, and perpetrators will be held to account sooner or later. … War crimes, crimes against humanity and grave breaches of human rights cannot be the subject of an amnesty.”
In late May, U.N. inspectors called off their Ukraine torture investigation because the SBU denied the team access to detention facilities where human rights groups had found evidence of torture.
“This denial of access is in breach of Ukraine’s obligations as a State party to the Optional Protocol to the Convention against Torture,” according to the U.N. statement at the time. Sir Malcolm Evans, head of the four-member U.N. delegation, said: “It has meant that we have not been able to visit some places where we have heard numerous and serious allegations that people have been detained and where torture or ill-treatment may have occurred.”
Yet, the SBU, which is also responsible for protecting state secrets, has strongly influenced the direction of the supposedly Dutch-led Joint Investigation Team trying to determine who was responsible for shooting down MH-17 over eastern Ukraine on July 17, 2014, killing 298 people.
Conflict of Interest
Although Ukrainian military units are among the logical suspects in the case, Ukraine was made one of five countries responsible for the inquiry and granted what amounts to veto power over what information the JIT can release. A recent internal report on how the JIT operates also revealed how dependent the investigators have become on information provided by the SBU.
According to the report, the SBU has helped shape the MH-17 investigation by supplying a selection of phone intercepts and other material that would presumably not include sensitive secrets that would implicate the SBU’s political overseers in Ukraine. But the JIT report seems oblivious to this conflict of interest, saying:
“Since the first week of September 2014, investigating officers from The Netherlands and Australia have worked here [in Kiev]. They work in close cooperation here with the Security and Investigation Service of the Ukraine (SBU). Immediately after the crash, the SBU provided access to large numbers of tapped telephone conversations and other data. …
“At first rather formal, cooperation with the SBU became more and more flexible. ‘In particular because of the data analysis, we were able to prove our added value’, says [Dutch police official Gert] Van Doorn. ‘Since then, we notice in all kinds of ways that they deal with us in an open way. They share their questions with us and think along as much as they can.’”
The JIT report continued: “With the tapped telephone conversations from SBU, there are millions of printed lines with metadata, for example, about the cell tower used, the duration of the call and the corresponding telephone numbers. The investigating officers sort out this data and connect it to validate the reliability of the material.
“When, for example, person A calls person B, it must be possible to also find this conversation on the line from person B to person A. When somebody mentions a location, that should also correlate with the cell tower location that picked up the signal. If these cross-checks do not tally, then further research is necessary.
“By now, the investigators are certain about the reliability of the material. ‘After intensive investigation, the material seems to be very sound’, says Van Doorn, ‘that also contributed to the mutual trust.’”
Long Assignments
Another concern about how the SBU could manipulate JIT’s investigation is that the long assignments of investigators in Kiev over a period of almost two years could create compromising situations. Kiev has a reputation as a European hotbed for prostitution and sex tourism, and there’s the possibility of other human relationships developing over long periods away from home.
According to the JIT report, four investigating officers from Australia are stationed in Kiev on three-month rotations while Dutch police rotate in two teams of about five people each for a period of a “fortnight,” or two weeks.
The relative isolation of the Australian investigators further adds to their dependence on their Ukrainian hosts. According to the report, “The Australian investigators find themselves a 26 hour flight away from their home country and have to deal with a large time difference. ‘For us Australians, it is more difficult to get into contact with our home base, which is why our operation is quite isolated in Kiev’, says [Andrew] Donoghoe,” a senior investigating officer from the Australian Federal Police.
The JIT’s collegial dependence on the SBU’s information has not led to a quick resolution of the mystery of MH-17. Almost two years after the tragedy, the JIT has struggled to even pin down where the suspected anti-aircraft missile was fired, bringing down the passenger jet en route between Amsterdam and Kuala Lumpur. The location of the alleged missile firing was something that U.S. officials claimed to know within days of the crash but have kept secret.
The snail’s pace of the investigation and the curious failure of the U.S. government to share usable data from its own intelligence services have caused concerns among some family members of MH-17 victims that the inquiry has been compromised by big-power geopolitics.
Immediately after the shoot-down, the U.S. government sought to pin the blame on ethnic Russian rebels in eastern Ukraine and their Russian government backers, a charge that was crucial to getting the European Union to adopt economic sanctions against Russia. But – as more evidence emerged – the possible role of a Ukrainian military unit became more plausible.
According to the Dutch intelligence service in a report released last October, the only anti-aircraft missiles in eastern Ukraine on July 17, 2014, capable of hitting a plane flying at 33,000 feet belonged to the Ukrainian military.
Twists in the Investigation
After CIA analysts had time to evaluate U.S. satellite, electronic and other intelligence data, the U.S. government went curiously silent about what it had discovered, including the possible identity of the people who were responsible. The U.S. reticence, after the initial rush to judgment blaming Russia, suggested that the more detailed findings may have undercut those original claims.
A source who was briefed by U.S. intelligence analysts told me that the CIA’s conclusion pointed toward a rogue Ukrainian operation involving a hard-line oligarch with the possible motive of shooting down Russian President Vladimir Putin’s official plane returning from South America that day, with similar markings as MH-17. But I have been unable to determine if that assessment represented a dissident or consensus view inside the U.S. intelligence community.
Although the JIT also includes Belgium and Malaysia, the key roles have been played by the Netherlands, Australia and Ukraine, with Ukraine’s SBU arguably the most influential party as it feeds the other investigators leads to pursue.
Given the SBU’s legal responsibility to shield Ukrainian government secrets, you might think the question would have arisen whether the SBU would supply any data that might implicate some powerful political figure connected to the regime in Kiev. But there was nothing in the JIT’s update to suggest any such suspicion.
Regarding the SBU’s refusal to grant access to the U.N.’s torture investigators in May, Ukraine’s deputy justice minister Natalya Sevostyanova said the U.N. team was denied access to SBU centers in Mariupol and Kramatorsk, frontline towns in the simmering civil war between the U.S.-backed Ukrainian government and Russian-supported eastern Ukrainian rebels.
SBU director Vasyl Hrytsak said the reason for barring the U.N. team was to protect Ukrainian government secrets, adding: “If you arrive, for example, in the United States and ask to come to the C.I.A. or the F.B.I., to visit a basement or an office, do you think they will ever let you do it?”
[For more background on this controversy, see Consortiumnews.com’s “More Game-Playing on MH-17.”]
Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his latest book, America’s Stolen Narrative, either in print here or as an e-book (from Amazon and barnesandnoble.com).
Australian Electoral Commission Refuses To Allow Researchers To Check E-Voting Software
By Glyn Moody | Techdirt | June 17, 2016
The fact that Techdirt has been writing about e-voting problems for sixteen years, and that the very first post on the topic had the headline “E-voting is Not Safe,” gives an indication of what a troubled area this is. Despite the evidence that stringent controls are still needed to avoid the risk of electoral fraud, some people seem naively to assume that e-voting is now a mature and safe technology that can be deployed without further thought.
In Australia, for example, e-voting is being used for the elections to the country’s Senate, but the Australian Electoral Commission (AEC) has refused to release the relevant software, despite a Senate motion and a freedom of information request. Being able to examine the code is a fundamental requirement, since there is no way of knowing what “black box” e-voting systems are doing with the votes that are entered. A story by the Australian Associated Press (AAP) explains why AEC is resisting:
The Australian Electoral Commission referred AAP to a decision by the Administrative Appeals Tribunal [AAT] in December 2015.
In that decision, relating to a freedom of information request, the tribunal found the release of the source code for the software known as Easycount would have the potential to diminish its commercial value.
“The tribunal is satisfied that the Easycount source code is a trade secret and is exempt from disclosure,” the AAT said.
Placing trade secrets above the public interest is a curious choice, to say the least. It seems particularly questionable given Australia’s recent experience with e-voting software problems:
When the ACT Electoral Commission released its counting code, researchers at Australian National University found three bugs which were subsequently fixed before an election.
When the Victorian Electoral Commission made its electronic voting protocol available to researchers in 2010, University of Melbourne researchers identified a security weakness which was then rectified before the state election.
As Techdirt readers well know, bugs are commonplace, and there’s no particular shame if some are found in a complex piece of software. But refusing to allow independent researchers to look for those bugs so that they can be fixed is inexcusable when the integrity of the democratic selection process is at stake.
MH17: The Continuing Charade
By James ONeill – New Eastern Outlook – 31.05.2016
The Sun Herald (Sydney) of 22 May 2016 reported that the Australian families of the MH17 disaster had “served” the European court of Human Rights (ECHR) with a claim seeking compensation of $10 million for each victim.
The report referred to the “proposed respondents” to the claim being the Russian Federation and its President Vladimir Putin. The solicitor acting for the plaintiffs was quoted in a separate report claiming, “we have facts, photographs, memorandums (sic), tonnes of stuff.” He also claimed that the claim document ran to “over 3500 pages in length.”
These reports closely followed the publication of the New South Wales Coroner’s Court report into the deaths of six of the victims who were resident in New South Wales. The Coroner’s findings closely followed those of the Report of the Dutch Safety Board of 13 October 2015, attributing the deaths of those aboard MH17 to a BUK missile detonating close to the aircraft, causing the plane to disintegrate and a consequent immediate loss of life to all aboard.
It was not part of the Coroner’s jurisdiction to attribute blame, that being the subject of a separate criminal investigation (JIT). The results of that investigation are expected to be announced later this year.
The Dutch head of the JIT investigation, Mr Fred Westerbeke wrote to all the Dutch victim’s families in February 2016 giving them an update on the investigation. A query to the Australian Federal Police as to whether the Australian families might receive a similar briefing was effectively ignored.
Something Mr Westerbeke did say that was of particular interest was that the United States had released their satellite data to the Dutch Security Services. Whether that data could be used and if so in what format, was for security reasons an unresolved issue.
Those data are of considerable significance. It is known that there were three US satellites overhead the Donbass region at the material time. They had the undoubted capability of determining exactly what was fired at MH17, from precisely where, and by whom. US Secretary of State John Kerry claimed as much in an interview with NBC shortly after the tragedy.
The American refusal to publically release the data leads to the very strong inference that it is being concealed for the reason that it does not support the “blame Russia” meme so favoured by the western media.
The incuriosity of the Australian media was again on display when they gave extensive coverage to the report of the alleged claim being filed in the ECHR.
There are a number of problems with this purported claim, accepted so uncritically be the Australian media. There was a clue in the use of the phrase “proposed respondents”. If proceedings had been filed in any court, then the respondents are not “proposed”. They either are or they are not.
A check with the ECHR website on 26 May 2016 showed that there was no record of any such claim having been filed. John Helmer, on his website reports a similarly negative result when a query was made with the ECHR’s Registrar.
The problems with the alleged claim do not stop there. As noted above, the plaintiff’s solicitor said that the claim ran to more than 3500 pages. Rule 47 of the ECHR’s Rules state that the application must contain:
(e) a concise and legible statement of the facts;
(f) a concise and legible statement of the alleged violation(s) of the Convention; and
(g) a concise and legible statement confirming the applicant’s compliance with the admissibility criteria laid down in Article 35(1) of the Convention.
Whatever else they may be, a 3500-page claim does not remotely comply with any definition of “concise.”
The ECHR Rules further provide that any additional submissions do not exceed 20 pages (Rule 47 (2) (b)) in length.
The plaintiffs have failed to provide any relevant details from their 3500 page claim (or at all) that would enable an independent observer to assess what “facts, photographs and memoranda” they have that were not available to the Dutch Safety Board Inquiry. Given the combined resources available to the Dutch led inquiry, it would be remarkable that a firm of solicitors would be able to state their claims so categorically when a major government report was not able to do so.
The plaintiff’s difficulties do not end with their lack of credibility.
The ECHR Rules further provide that any application made under Article 34 of the Convention is required to be made (Article 35(1)) within six months of the event giving rise to the application.
As the relevant event occurred on 17 July 2014, the six months expired on 17 January 2015. No explanation has been forthcoming nor any inquiry made by the incurious mainstream media as to how this potentially fatal flaw in the proceedings could be overcome.
That is not the end of the plaintiff’s woes. Rule 10(b) governs Article 34 applications to the Court. That rule requires the plaintiff to demonstrate that “the applicant has complied with the exhaustion of available domestic remedies.”
One of the plaintiffs named in the purported ECHR proceedings is Mr Tim Lauschet, a relative of one of the victims. Mr Lauschet is also the plaintiff in proceeding 2015/210056 filed in the New South Wales Supreme Court. Malaysian Airlines System Berhad is the respondent in those proceedings.
The original pleadings sought various declarations that would facilitate a claim for damages under the relevant provisions of the Civil Aviation (Carriers Liability) Act 1959. That limits liability to a maximum of special drawing rights equivalent to approximately A$215,000. There is a two year time limit for the making of such claims, so that right expires on 17 July 2016, only a few weeks away.
The purported proceedings in the ECHR makes no attempt to reconcile their $10 million claim with the liability of international air carriers which is considerably less by an order of magnitude. Neither did the media bother to ask.
The Judge politely pointed out a number of deficiencies in Mr Lauschet’s pleadings (2015) NSWSC 1365) and adjourned the matter with various timetable orders to enable the plaintiff to remedy the many deficiencies in the pleadings.
The matter has been back before the Court a further four times since that hearing, with the only apparent progress being that the plaintiff has now filed a statement of claim. It is now scheduled for a further Directions Hearing on 30 May 2016.
The conclusion for present purposes must be that Mr Lauschet has not achieved “the exhaustion of available domestic remedies.” Whether any of the other Australian plaintiffs in the purported ECHR proceeding have even started, let alone exhausted, their domestic legal remedies is unknown. But in Mr Lauschet’s case (and possibly all of the others) he therefore faces another fatal flaw.
There is one other element in this case that the mainstream media is either unaware of or has chosen to ignore. In 2012 the then Gillard government made amendments to the Social Security Act 1991 to enable payments of up to $75,000 to victims of terrorism.
Eligibility for those payments (the acronym for which is AVTOP) were backdated to 11 September 2001. A necessary pre-condition for the payment is a declaration by the Prime Minister of the day that the event concerned was a “terrorist act.”
To date there have been nine such declarations, the latest being the 13 November 2015 attacks in Paris, France. The shooting down of MH17 should qualify under most definitions as a “terrorist act.”
The relevant Prime Ministers since 17 July 2014, Tony Abbott and Malcolm Turnbull, have not made such a declaration, which would then entitle victim’s families to claim compensation under the Act.
Requests to the Prime Minister’s office for information as to whether such a declaration was going to be made, and if not, why not, were ignored. A Freedom of Information Act request has therefore been made and is currently pending.
There may be a number of reasons why such a declaration has not been made. The overwhelming weight of evidence is that only the military units of the Ukrainian armed forces had the means, motive and opportunity to shoot down MH17.
As a recently joined member of Ukrainian President Poroshenko’s “advisory council” former Prime Minister Tony Abbott would be in a difficult position if the shoot down was declared to be a terrorist act and the JIT investigation put the blame where it rightly belongs, on the Ukrainian government. It is not surprising that the announcement at the recent ASEAN-Russia meeting that Malaysia and Russia were cooperating in an investigation of the MH17 tragedy caused concern in US and Ukrainian circles.
Although the current Australian Prime Minister Turnbull has been more circumspect than his predecessor in making ill-conceived allegations against Russia and its President, he will not wish to expose himself to a finding by the JIT that does not fit the propaganda meme so assiduously pursued by the western media.
There are a number of losers in this charade, not least the victims of the atrocity and their families who deserve better than to be exploited by both politicians and dubious claims in the ECHR. The public, who might reasonably expect to be better served by their media, are also the losers.
James O’Neill is an Australian-based Barrister at Law.
Australia Still Reluctant to Disclose MH17 Information
By James ONeill – New Eastern Outlook – 19.03.2016
When Malaysian Airlines Flight MH17 was shot down over Eastern Ukraine on 17 July 2014, Australian politicians and the mainstream media, especially the Murdoch newspapers, were quick to apportion blame. Responsibility for the disaster was immediately attributed to Russia, either directly or thorough Russian support for the so-called “separatists” in the Donbass region.
For the Australian politicians and media it was a case of “guilty as alleged” although at that time in the immediate aftermath of the disaster there was no evidence upon which to form any conclusions.
Three days after the crash the United States Secretary of State, John Kerry, appearing on NBC’s Meet the Press TV program said that the US had
“picked up the imagery of this launch. We know the trajectory. We know where it came from. We know the timing. And it was exactly at the time that this aircraft disappeared from the radar.”
Mr Kerry did not specify how the US had this information, but it was a reasonable inference at that time that the data had come from US satellites.
Since Mr Kerry’s remarks it has been established by independent investigators that the US had at least three satellites in geo-stationary orbit over Eastern Ukraine on 17 July 2014 Two of these satellites are of the SBIRS type (GEO-1 and GEO-2), and a Space Tracking and Surveillance System (STSS) satellite. Between them they are able to perform continuous surveillance of the area of interest.
Some commentators have endeavoured to downplay the significance of this by suggesting that factors such as cloud cover impeded surveillance capability. This is self-evidently nonsense. As one of their prime functions is to detect missile launches, their defensive capability would be hopelessly compromised if something as simple as cloud cover impeded their capacity to provide a timely warning of missile launches.
The capability of these satellites certainly includes the ability to detect and track the launch of a BUK missile, the weapon most commonly described as the cause of the disintegration of MH17. They can similarly track an air-to-air missile, which is the alternative hypothesis that has been advanced.
There has been a great deal of contradictory information from official sources about this satellite data, which is itself suspicious. For example, on 19 December 2015 the Dutch chief prosecutor and coordinator of the criminal investigation into the disaster, Mr Fred Westerbeke, told the Dutch daily newspaper NRC :
“Satellite images showing how on July 17 Flight MH17 was shot out of the sky by a rocket do not exist. There has been a misunderstanding about this… There is no conclusive evidence from intelligence services with the answers to all the questions.”
If Mr Westerbeke was correct, then it clearly contradicts the claims made by Mr Kerry 17 months earlier. But Mr Westerbeke then contradicted his own earlier statements in a letter to the families of the Dutch victims in February 2016. In that letter Mr Westerbeke stated:
“The US authorities have data generated by their own security forces, which could potentially provide information on a rocket trajectory. These data have been confidentially shared with the Dutch Military Intelligence and Security Service (DISS). The DISS and the Public Prosecutor are now investigating in what form the US state secret information can be used in the criminal investigation and what will be provided in a so-called official report to the Public Prosecution. That special report can be used as evidence by the Joint Investigation Team (JIT).”
It seems a reasonable inference on the basis of that statement that the secret US satellite data does disclose the required information. Specifically, it answers the major question: who fired the missile and from where?
The issue that is publically troubling the JIT is how to use sensitive intelligence data in a public forum such as a trial of accused persons. The undisclosed problem for the JIT is twofold. If, as is widely suspected, the satellite data show that the BUK missile was fired by Ukrainian forces, then that will contradict 20 months of relentless anti-Russian propaganda. The western media are not good at admitting the error of their ways.
The second problem is the agreement of 8 August 2014 whereby the members of the JIT agreed not to disclose any information unless all the parties agreed. As one of those parties, Ukraine, is a prime suspect, it is unlikely that the evidence will ever be revealed if it in fact implicates Ukraine.
It is still the case that the Australian government has never acknowledged the existence of the 8 August 2014 agreement. It has not bothered to tell the Australian public why it entered into such an agreement when the public interest would demand a transparent and full investigation of the worst disaster to be inflicted on Australians since the Bali bombings of 2002.
Given the existence of Mr Westerbeke’s letter to the families of Dutch victims it is difficult to understand why the Australian media are persisting with the claim that the Americans have refused to release the data. Paul Malone’s claim to that effect in the Canberra Times of 12 March 2016 is plainly wrong. It is possible of course that Mr Malone is aware of the facts, but the two problems identified above prevent him disclosing those facts.
Apart from detecting the launch of a missile, the satellite data can pinpoint the precise point from which the missile was fired. In the present case that is supremely important.
The Report of the Dutch Safety Board (DSB) into the MH17 disaster, published in October 2015 only went as far as to narrow the location of the launch site to an area of 320 square kilometers. This was territory contested by both Ukrainian and separatists forces. Despite the uncertainty and non-attribution of culpability in the DSB Report, Australian politicians falsely claimed that the report “proved” that Russian backed separatists were responsible.
Apart from a complete failure by the Australian media to correct this false information, they have also failed to address two further pieces of relevant evidence found in the DSB Report.
The first piece of evidence is found in the technical appendices of the DSB Report. Appendix T (from the Dutch Intelligence Services) has clearly not been read by any member of the Australian mainstream media. This appendix stated, inter alia:
- Although the separatists had captured a Ukrainian military base at Donetsk, the BUK systems located there were “not operational” and therefore “could not be used by the separatists.”
- Although there was information pointing to the fact that the separatists had been supplied with heavy weapons by the Russian Federation, there were no indications that these were powerful anti-aircraft systems.
- Although the separatists were trained to use weapons systems, there are no indications that they were being trained to use powerful anti-aircraft systems.
- There was no evidence of any intention by the separatists to shoot down a civil aircraft.
Reports in the mainstream media imply that the firing of a BUK missile is a matter of pointing it at the sky and pushing the proverbial button. As Appendix T makes clear however, extensive training in their use is required.
Not only must the crews be trained to a high level of proficiency, for which Appendix T notes there is no evidence in respect of the separatists, the firing of a BUK missile also requires the ancillary use of radar systems. Again, there is no evidence that the separatists had such radar equipment.
There was evidence however, that radar equipment of the Ukrainian armed forces was operational at the relevant time and in the relevant location. The Russian authorities at a press briefing given on 21 July 2014 disclosed this. Again, the Australian media ignored this evidence.
Contrary to the vague generality of the DSB Report as to the launch location, we have a report by the Russian manufacturer of the BUK missile, Almaz-Antey, released at the same time as the DSB Report.
Almaz-Antey produced a detailed analysis of the data. Their conclusion was that the BUK missile was launched from the Zaroschenskoe area, which was under the control of the Ukrainian armed forces at the time. This report has never been mentioned in the Australian mainstream media, probably because its conclusions do not fit the official narrative.
Thus, Mr Malone in the Canberra Times states that the JIT investigation is “widely expected” to “confirm that the missile was launched from separatist held territory.” It would only be “widely expected” by those reliant upon the constant stream of disinformation and concealment of evidence common to the mainstream media’s coverage of the MH17 disaster.
It was noted above that there was an alternative hypothesis about the cause of MH17’s crash, namely an air-to-air missile, presumably fired by one of the Ukrainian fighter aircraft identified in the area in the Russian briefing of 21 July 2014.
The Russian forensic expert Albert Naryshkin comprehensively advanced the air-to-air missile theory in July 2015. His report (available only in Russian) concluded that although the specific weapon could not be unequivocally identified, the specific nature of the missile damage to the aircraft meant that the most likely weapon was a Python air-to-air missile.
This particular weapon was adapted for use by the SU-25 Scorpion fighter that was the type of fighter observed by Russian radar data on 17 July 2014 and reported on at the 21 July 2014 briefing.
The merits or otherwise of this hypothesis are beyond the scope of this article. Suffice to say that it was not considered by the DSB and any mention of it is conspicuously absent from the Australian media.
Three further recent developments are worth noting. The first of these was the Coronial Inquest held in Melbourne in November 2015 in respect of the Australian victims. The inquest has been reported by John Helmer on his website. Suffice to note here that the coronial inquiry was deeply flawed. It was marked by secrecy, the suppression of evidence, conflicts of interest, and a manifest desire to simply parrot the official line regardless of other evidence that is progressively emerging.
It accepted without question the conclusions of the DSB Report, even though that Report is incomplete, does not ascribe culpability as it awaits the JIT investigation, and for the reasons mentioned below, is far from flawless.
The second development worth noting is that both the Dutch and the Russians have released letters addressed to the families of the victims.
The Russian statement is by the Deputy Head of the Federal Air Transport Agency of the Russian Federation, Oleg Storchevoy. Mr Storchevoy takes the opportunity to address some of the misinformation about what Russia has and has not done to assist the official inquiry.
He notes, for example, that Russian primary radar data was provided to the DSB, together with telephone conversations and other data, in August 2014. Russian primary radar data was in fact the only such data available, as the Ukrainians had for some reason switched off their radar at the critical time.
The Russian data supplied to the DSB confirmed increased activity by Ukrainian BUK missile systems within the conflict zone ahead of the tragedy. That evidence was ignored by the DSB.
It might be interpolated here that the separatists have no air force, so the need for anti-aircraft systems to be active remains obscure. No explanation has been forthcoming from the Ukrainians.
Mr Storchevoy also drew attention to the unprecedented cooperation offered by Almaz-Antey, the BUK manufacturer which again was ignored by the DSB.
Mr Storchevoy noted that Russia has repeatedly pointed out that the Dutch technical investigation was performed in an extremely non-transparent and biased manner. He said that the Dutch authorities should also explain how they distorted facts and concealed data, and ignored important data supplied by the Russians.
These and other questions posed by Mr Storchevoy are legitimate and deserve careful consideration and response. Perhaps needless to add, no report of Mr Storchevoy’s statement has appeared in the Australian mainstream media.
The second letter was written to the families of the Dutch victims by the head of the JIT inquiry, Mr Fred Westerbeke.
Mr Westerbeke’s letter discussed, inter alia, that conclusions about the technical analysis of the aircraft debris should be available in the latter half of 2016. Importantly, as noted above, he confirmed that the Americans had provided data about the missile trajectory although the form in which that data can be used is unsettled.
Mr Westerbeke also said that the analysis of other data, including intercepted telephone calls, location data from telephones, images (unspecified), witness statements and technical calculations would enable “certain inferences” to be drawn about the rocket’s track.
Reference was also made to the English blogger Eliot Higgins who operates under the name of “Bellingcat.” Despite repeated critical analysis of Higgins’ falsification of data and manifest other errors, he continues to be reported in the western mainstream media as a reliable source.
Why western intelligence agencies, with their vast resources, would defer to one man operating out of his house in Leicester is explicable only if Higgins is seen as a useful conduit for what is invariably anti-Russian propaganda.
Westerbeke obliquely dismisses Bellingcat as a resource, as “providing no evidence of direct involvement of members of a Russian unit” in the shoot down on MH17. The claim of Russian direct involvement is one of the more sensational of Bellingcat’s claims faithfully and uncritically reported in the western media.
In the light of the Westerbeke letter, the Australian Federal Police were asked whether they agreed with the contents of the Westerbeke letter. Westerbeke had signed the letter on behalf of the members of the JIT (which includes Australia).
They were also asked whether a similar letter would be sent to the Australian families. The AFP’s response was a non-answer, saying only that the queries had been forwarded to the JIT!
Information has also been sought from the Prime Minister’s on what compensation the Australian victim families might expect. Under the relevant Australian legislation victims of terrorism are eligible for compensation up to $75,000. That possibility was raised by a number of mainstream media outlets in Australia in July 2014. In order to be eligible the Prime Minister must declare that the deaths of the Australian citizens were as a result of a terrorist attack.
The government had announced on 9 October 2013 that payments would be made to the victim’s families of other terrorist attacks pursuant to the prime ministerial declaration. The payments have been applied retrospectively, starting with the events of 11 September 2001. To date there have been 10 such declarations, the latest being the Paris attacks of 13 November 2015.
The Australian government has not declared the shooting down of MH17 to be a terrorist act for the purposes of the legislation. The reasons for this are unknown, although comment has been sought from the Prime Minister’s office.
Australian victim families still have other remedies available under the provisions of the Montreal Convention of 1999. Under Article 21 of that Convention damages of (approximately) $215,000 are set.
Potential liability of the carrier, in this case Malaysian Airlines, is however unlimited unless it can prove that the death “was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents.”
Given that the evidence appears to suggest that MH17 either flew over a war zone of its own volition or was directed to do so by Ukrainian air traffic control, discharging that onus may prove difficult.
Proceedings seeking various declarations have been launched in the New South Wales Supreme Court by Tim Lauschet (2015/210056) against Malaysian Airlines, but that case is still at a preliminary stage.
The only clear point to emerge in Australia in the 21 months since the disaster is that the government and the mainstream media are determined to, on the one hand deny the public vital information about the disaster, and on the other hand maintain the fiction that the disaster was the fault of Russian backed separatists.
That line serves to justify the sanctions imposed on Russia and the continuing demonization of President Putin. If only Prime Minister Turnbull’s plea for an intelligent and adult dialogue was sincere. If that were the case the Australian public would be better informed than they are. It seems a very vain hope.
James O’Neill is an Australian-based Barrister at Law.
Why the US anti-terror coalition is failing
By Finian Cunningham | American Herald Tribune | January 21 ,2016
There was an underwhelming sense when Pentagon boss Ashton Carter met this week in Paris with other members of the US-led military coalition supposedly fighting the ISIL terror group.
The US-led coalition was set up at the end of 2014 and in theory comprises 60 nations. The main military operation of the alliance is an aerial bombing campaign against terrorist units of IS (also known as ISIL, ISIS or Daesh).
At the Paris meeting this week, Secretary of Defense Carter was joined by counterparts from just six countries: France, Britain, Germany, Italy, Netherlands and Australia. Where were the other 54 nations of the coalition?
Carter and French defense minister Jean-Yves Le Drian patted themselves on the back about “momentum”in their campaign against the terrorist network. However, platitudes aside, there was a noticeable crestfallen atmosphere at the meeting of the shrunken US-led coalition.
One telling point was Carter exhorting Arab countries to contribute more. As a headline in the Financial Times put it: “US urges Arab nations to boost ISIS fight”.
Carter didn’t mention specific names but it was clear he was referring to Saudi Arabia and the other oil-rich Persian Gulf Arab states, including Kuwait, Qatar, United Arab Emirates and Bahrain.
When the US initiated the anti-IS coalition in 2014, fighter jets from the Sunni Arab states participated in the aerial campaign. They quickly fell away from the operation and instead directed their military forces to Yemen, where the Saudi-led Arab coalition has been bombing that country non-stop since March 2015 to thwart an uprising by Houthi revolutionaries.
But there is an even deeper, more disturbing reason for the lack of Arab support for the US-led coalition in Iraq and Syria. That is because Saudi Arabia and the other Sunni monarchies are implicated in funding and arming the very terrorists that Washington’s coalition is supposedly combating.
Several senior US officials have at various times admitted this. Democrat presidential hopeful Hillary Clinton labelled Saudi Arabia as the main sponsor of “Sunni extremist groups”in diplomatic cables when she was Secretary of State back in 2009, as disclosed by Wikileaks.
Vice President Joe Biden, while addressing a Harvard University forum in late 2014, also spilled the beans on the Persian Gulf states and Turkey being behind the rise of terror groups in the Middle East.
So there is substantial reason why the US-led anti-terror coalition in Iraq and Syria has not delivered decisive results. It is the same reason why Carter was joined by only six other countries in Paris this week and why there was a glaring absence of Saudi Arabia and other Arab members. These despotic regimes –whom Washington claims as “allies”–are part of the terrorist problem.
Not that the US or its Western allies are blameless. Far from it. It was Washington after all that master-minded the regime-change operations in Iraq and Syria, which spawned the terror groups.
In fact, we can go further and point to evidence, such as the testimony of Lt General Michael Flynn of the Defense Intelligence Agency, which shows that the US enlisted the terror brigades as proxies to do its dirty work in Syria for regime change.
The US and its Western allies conceal this collusion by claiming that they are supporting “moderate rebels”–not extremists. But the so-called moderates have ended up joining the terrorists and sharing their US-supplied weapons. The distinction between these groups is thus meaningless, leaving the baleful conclusion that Washington, London and Paris are simply colluding with terrorism.
US Republican presidential contenders and media pundits berate the Obama administration for not doing enough militarily to defeat IS. Or as Donald Trump’s backer Sarah Palin would say to “kick ass”.
The unsettling truth is that the US cannot do more to defeat terrorism in the Middle East because Washington and its allies are the source of terrorism in the region. Through their meddling and machinations, Washington and its cohorts have created a veritable Frankenstein monster.
The “coalition”that is actually inflicting serious damage to IS and its various terror franchises is that of Russia working in strategic cooperation with the Syrian Arab Army of President Bashar al-Assad. Since Russia began its aerial bombing campaign nearly four months ago, we have seen a near collapse of the terror network’s oil and weapons smuggling rackets and hundreds of their bases destroyed.
Yet Ashton Carter this week accused Russia of impeding the fight against terrorism in Syria because of its support for the Assad government. Talk about double think!
If we strip away the false rhetoric and mainstream media misinformation, Washington’s “anti-terror”coalition can be seen as not merely incompetently leading from behind.
The US, its Western allies and regional client regimes are in the front ranks of the terror problem.



