Aletho News

ΑΛΗΘΩΣ

U.S. Doublespeak on Palestine

By Robert Fantina | CounterPunch | September 25, 2015

As Palestinians continue to endure unspeakable suffering at the hands of Israelis, there are some old bromides that are constantly being hurled at an unsuspecting public by elected U.S. officials, in order to justify U.S. financing of that suffering. Let us look at just a few:

Israel has the right to defend itself. This writer cannot count the number of times this ridiculous statement has been made. Can we all just take a minute to investigate it? Israel, we are told, has the right to use the most advanced weaponry available on the planet, some of it banned by international law, to ‘defend’ itself against an occupied, rock-throwing population. Yes, occasionally Palestinians are able to smuggle in enough supplies to make ‘rockets’ that author Norman Finkelstein, son of Holocaust survivors and an outspoken critic of Israel, refers to as ‘enhanced fireworks’. In the minds of the Israeli-lobby-controlled U.S. government, those fireworks are sufficient to justify the carpet-bombing of homes, mosques, hospitals and schools. Need we mention, again, that bombing these sites is a violation of international law? Oh, and let’s not forget that the U.S. finances it all.

President Obama, in 2008, made this amazing statement: “If somebody was sending rockets into my house where my two daughters sleep at night, I’m going to do everything in my power to stop that. I would expect Israelis to do the same thing.” If someone, heavily armed, was stopping his daughters on their way to school every morning to search their backpacks, would he do everything in his power to stop that? If the First Lady was constantly spat upon when going to the local store, would he stop that? If one or both of his daughters were at risk of being shot at point-blank range and left dying in the street, would there be any limits to his efforts to stop that? Or if representatives of a foreign nation showed up at 1600 Pennsylvania Avenue with bulldozers and began razing the White House, claiming that it was sitting on land that God promised to them, would he stop it? If his daughters were arrested for throwing stones at someone who had bulldozed their house, would he prevent that? This writer would love to hear Mr. Obama say this: ‘If somebody was brutally oppressing my loved ones, I’m going to do everything in my power to stop that. I would expect Palestinians to do the same thing.”

Israel is the only democracy in the Middle East. It isn’t surprising to hear U.S. politicians say this, since most of them have only the vaguest concept of what ‘democracy’ means, never having experienced it, but hearing about it once or twice in some high school civics class. It seems that, in their view, if a nation holds elections, it is a democracy. Never mind that there are separate laws for Africans and Arabs living within Israel’s borders. Forget about the fact that Palestinian men, women and children can be arrested and held indefinitely, without charge or contact with legal representation, or even family members. Don’t bother even considering the fact that, in the Israel-occupied West Bank, there are separate, and far inferior, roads for Palestinians, and that they are not allowed to drive on, or even cross over, the superior Israeli roads. But hey! They have elections! Therefore, Israel is a democracy!

Israel is the U.S.’s only friend in the Middle East. This one is almost too much for this writer to bear; it is all he can to do keep from screaming every time he hears it. Israel continually slaps the U.S. in the face, refusing to halt illegal settlement activity; demanding that the U.S. protect it from United Nations criticism; committing the kinds of human rights abuses that cause the U.S. to bomb other nations, all the while receiving $10 million dollars a day from the U.S. This doesn’t sound like friendship; it sounds like services bought and paid for by the various Israeli lobbies.

What, one wonders, does the U.S. get from this one-sided ‘friendship’? Other nations in the Middle East despise the U.S., at least partly because of its financing of the oppression of the Palestinians (constantly bombing them doesn’t help much, either). Perhaps, just perhaps, the U.S. might have some real allies in the Middle East if it stopped funding ongoing genocide.

What, one further wonders, is in store for Israel after a new U.S. president is inaugurated in January of 2017? Mr. Obama is said to detest Israeli Prime Murderer Benjamin Netanyahu, yet he jumps through whatever hoops the Prime Murderer puts in front of him, like an obedient dog performing at a circus. All of the major party candidates seeking the U.S. presidency fawn all over Mr. Netanyahu as if he were some international hero, and not a mass murderer.

Although the struggle of the Palestinian people has lasted since 1948, let us look at the death toll for them, and the Israelis, just in the current millennium. Approximately 1,200 Israelis have died in this conflict (this writer does not call it a war; it is genocide, pure and simple), including about 130 children. In that same time period, at least 9,150 Palestinians have been killed, and this number includes over 1,500 children.

So one might ask Mr. Obama how he feels about Israel preventing the firing of ineffective rockets by the use of mass murder. What would he say to the parents of those 1,500 children, slaughtered in their homes or schools, with bombs he provided?

The U.S. was one of the last nations in the world to condemn South African apartheid; never a leader in the fight for freedom, or in assisting oppressed people to gain their basic human rights, the U.S. will again follow in Palestine. Israel will either implode from the weight of its own internal and external oppression, or will find itself so ostracized by the world community that even the mighty U.S. can’t save it from itself. In time, the people of Palestine will experience the freedom that the U.S. pays cheap lip service to, but does not practice. They will live on their ancestral lands, despite all the opposition from the United States. The day of their liberation cannot come soon enough, but it is coming.


Robert Fantina’s latest book is Empire, Racism and Genocide: a History of US Foreign Policy (Red Pill Press).

September 25, 2015 Posted by | Ethnic Cleansing, Progressive Hypocrite, Timeless or most popular | , , , , , | Leave a comment

US must release files proving innocence of former Guantanamo detainee, say lawyers

Reprieve | September 25, 2015

Lawyers at human rights NGO Reprieve yesterday filed an emergency motion demanding the US government release information which could exonerate a former Guantanamo detainee facing the possibility of charges in Morocco.

Younous Chekkouri, 47, was transferred to his native Morocco last week. He has been detained ever since and the prosecution in Morocco announced on Wednesday that he is now facing the possibility of charges of ‘attempting to disrupt the internal security of the country.’

It is believed that these charges are based on allegations made years ago by the US – almost every one of which was dropped during Younous’ habeas corpus proceedings in federal court. Yet almost all the files from the case remain held under seal by a Washington D.C. court. Without the files being released, Younous’ lawyers will not be able to defend him against the possible Moroccan charges.

Reprieve first began asking the U.S. government to release the files in 2009, and in 2011 presented a “priority list” of thirteen documents. In the nearly four years since, the government has released only one of the requested files. In the rules governing Guantanamo proceedings, the US is obliged to produce public versions of all filings. The emergency motion filed yesterday demands that the government make available all remaining information by October 1st.

The US government cleared Younous for release from Guantanamo in 2010, a process involving unanimous agreement by six US federal agencies – including the CIA, FBI, and Departments of State and Defense – that he poses no threat to the US or anyone else.

Cori Crider, attorney for Younous and a director at human rights NGO Reprieve, said: “The Americans’ spurious allegations against Younous have already collapsed once when examined in US federal court and it is entirely unfair for him to face any further charges. Yet Younous is now living a Groundhog Day from hell where he may face yet more years of wrongful imprisonment because the US has failed to release information that I could use, this time in a Moroccan court, to prove his innocence yet again. So we are now forced to fight tooth and nail for information that should have been released years ago.”

September 25, 2015 Posted by | Deception, False Flag Terrorism | , , , | Leave a comment

Washington State Cops Who Killed Unarmed Mexican Man Return to Work

1027491755
© Family Photo
Sputnik | 24.09.2015

In February, the Pasco police made global headlines after three officers were caught on camera firing 17 bullets at an unarmed man in the back as he ran away from them with his hands in the air.

Now, after the officers received seven months of paid administrative leave for the shooting of Mexican national Antonio Zambrano-Montes, who was 35, they have been cleared of any wrongdoing. Two of the officers will be reportedly returning to work effective “immediately,” while the third, Ryan Flanagan, has parted ways with the department for unknown reasons.

The incident took place on February 10, when police were called to an intersection because of a man allegedly throwing rocks at vehicles. The department claims that Zambrano-Montes, who has a history of mental illness, ran after hitting two of the officers with rocks, Fusion reported.

Zambrano-Montes was the fourth person killed by officers in the department in less than a year.

A video of the incident, filmed by Dario Infante Zuniga, 21, went massively viral, collecting over 1,600,000 views within nine days. It has now been viewed over two million times.

Approximately one week after the shooting, the Pasco Police Department announced that they had launched a “full investigation into their victim” — instead of the officers who shot him.

Ken Lattin, a spokesperson for the Kennewick Police Department, stated in February that he was trying to piece together what Zambrano-Montes was doing “hours, days, and weeks leading up to this incident.”

“It’s curious that when you ask them about the past of some of the officers, they say that information is not pertinent to the investigation,” Felix Vargas, chair of Consejo Latino, a local organization of Hispanic-owned businesses, said after a briefing, Fusion reported.

“But somehow what Zambrano was doing weeks before this incident is vital information.”

While activists and commentators have expressed remorse, anger, and sadness over the lack of charges and the officers returning to their duties, many have noted that it was to be expected, as the cops were never really the ones under investigation.

September 24, 2015 Posted by | Civil Liberties, Subjugation - Torture, Video | , | Leave a comment

Captured Prisoners: The Whole Story

If Americans Knew

Part 1

Part 2

Part 3

September 24, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture, Timeless or most popular, Video | , , , | Leave a comment

Syria drone strikes: ‘Pre-authorized targeted killings’ face legal challenge

RT | September 24, 2015

Legal action will be brought against Prime Minister David Cameron after he revealed an RAF drone was used to kill two British militants fighting for Islamic State (IS, formerly ISIS/ISIL) in Syria. The attack went ahead despite parliament voting against strikes in 2013.

The Prime Minister disclosed the nature of the strikes in September, claiming they had been carried out as an “act of self-defense” and that he had sought parliament’s permission to kill the militants.

Reyaad Khan and Rahul Amin both died, along with another jihadist, who was not of British origin.

Now Green Party MP Caroline Lucas and Baroness Jones are working with human rights charity Reprieve to make the first steps toward a judicial review.

A pre-action letter to the Attorney General and the Defense Secretary states the government failed to publish its “targeted killing policy” which is in breach of international law.

“The Raqqa strike, and the intention of the government to pre-authorize targeted killings in the future in countries where the UK is not at war, is of concern to the claimants and many others,” they wrote.

“The concern is heightened by the lack of clarity about the circumstances in which the government reserves the right to kill British citizens outside of an armed conflict.”

The letter claims the way the government rationalized the attack has raised further questions about the legality of its military operations overseas.

It says the government claims the attack was justified due to “potential,” “direct,” “likely” or “imminent” threats to the UK.

“Such a lack of clarity as to the test which is being applied by the government in deciding whether to pre-authorize the targeted killing of British nationals or individuals overseas raises real and serious concerns over the lawfulness of the government’s past and expected resort to the use of lethal force,” it says.

“It is unclear what, if any, policies, procedures and/or safeguards are in place to ensure that this ‘new departure’ is only exercised in accordance with domestic and international law.”

The UK is currently taking part in US-led coalition airstrikes in Iraq against IS, but not in Syria.

However, the killing of Khan was justified, Cameron said, because he had been plotting “barbaric” attacks in Britain.

Cameron is expected to stage a second vote in the House of Commons to approve further action in the country, but will not do so until he is sure of victory after his embarrassing 2013 defeat.

September 24, 2015 Posted by | Civil Liberties, Subjugation - Torture | , | Leave a comment

UN Farce: Saudi Arabia to Head Human Rights Council

By Felicity Arbuthnot | Dissident Voice | September 23, 2015

All victims of human rights abuses should be able to look to the Human Rights Council as a forum and a springboard for action.

— Ban Ki-moon, UN Secretary-General, 12 March 2007, Opening of the 4th Human Rights Council Session.

Article 55 of United Nations Charter includes:

Universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.

In diametrical opposition to these fine founding aspirations, the UN has appointed Saudi Arabia’s envoy to the United Nations Human Rights Council to head (or should that be “behead”) an influential human rights panel. The appointment was seemingly made in June, but only came to light on September 17th, due to documents obtained by UN Watch.

… Mr Faisal Bin Hassan Trad, Saudi Arabia’s Ambassador at the UN in Geneva, was elected as Chair of a panel of independent experts on the UN Human Rights Council.

As head of a five-strong group of diplomats, the influential role would give Mr Trad the power to select applicants from around the world for scores of expert roles in countries where the UN has a mandate on human rights.

Such experts are often described as the “crown jewels” of the HRC, according to UN Watch.

The “crown jewels” have been handed to a country with one of the worst human rights records in the world. Saudi Arabia will head a Consultative Group of five Ambassadors empowered to select applicants globally for more than seventy-seven positions to deal with human rights violations and mandates.

In a spectacular new low for even a UN whose former Secretary General, Kofi Annan, took eighteen months to admit publicly that the 2003 invasion of, bombardment and near destruction of, Iraq was illegal, UN Watch points out that the UN has chosen “a country that has beheaded more people this year than ISIS to be head of a key Human Rights panel …”

In May, just prior to the appointment, the Saudi government advertised for eight extra executioners to “… carry out an increasing number of death sentences, which are usually beheadings, carried out in public”.

Seemingly “no special qualifications are needed.” The main function would be executing, but job description “also involves performing amputations …”

The advert was posted on the website of the Kingdom of Saudi Arabia Ministry of the Civil Service.

By June 15th this year executions reached 100, “far exceeding last year’s tally and putting (the country) on course for a new record” according to The Independent (June 15.) The paper adds that the Kingdom is set to beat its own grisly, primitive record of 192 executions in 1995.

The paper notes that “…the rise in executions can be directly linked to the new King Salman and his recently-appointed inner circle …”

In August 2014, Human Rights Watch reported nineteen executions in seventeen days – including one for “sorcery.” Adultery and apostasy can also be punished by death.

In a supreme irony, on the death of King Salman’s head-chopping predecessor, Salman’s half bother King Abdullah, in January (still current decapitation record holder) UK Prime Minister David Cameron ordered flags flown at half mast, including at the Houses of Parliament and Westminster Abbey, leading one MP to question: “On the day that flags at Whitehall are flying at half-mast for King Abdullah, how many public executions will there be?”

Cameron apparently had not read his own Foreign and Commonwealth Office Report citing Saudi as “a country of concern.”

Reacting to a swathe of criticism, a spokesperson for Westminster Abbey responded:

For us not to fly at half-mast would be to make a noticeably aggressive comment on the death of the King of a country to which the UK is allied in the fight against Islamic terrorism.

The Abbey’s representative appears to have been either breathtakingly ignorant or stunningly uninformed. In December 2009 in a US Embassy cable the then US Secretary of State, Hillary Clinton, wrote that:

While the Kingdom of Saudi Arabia (KSA) takes seriously the threat of terrorism within Saudi Arabia, it has been an ongoing challenge to persuade Saudi officials to treat terrorist financing emanating from Saudi Arabia as a strategic priority.

Moreover:

… donors in Saudi Arabia constitute the most significant source of funding to Sunni terrorist groups worldwide … engagement is needed to … encourage the Saudi government to take more steps to stem the flow of funds from Saudi Arabia-based sources to terrorists and extremists worldwide.

At home women are forbidden “from obtaining a passport, marrying, traveling, accessing higher education without the approval of a male guardian.” (HRW Report, 2014.) Saudi is also, of course, the only country in the world where women are forbidden to drive.

The country is currently preparing to behead twenty-one year old Ali Mohammed al-Nimr. He was arrested aged seventeen for participating in anti-government protests and possessing firearms — the latter charge has been consistently denied. Human rights groups are appalled at the sentence and the flimsy case against him, but pointing out that neither “factors are unusual in today’s Saudi Arabia.”

Following the beheading, al-Nimr’s headless body will be allegedly mounted “on to a crucifix for public viewing.”

What was that mantra issued unceasingly from US and UK government Departments in justification for blitzkriegs, invasions and slaughters in countries who “kill their own people”?

Numerous reports cite torture as being widespread, despite Saudi having subscribed to the UN Convention Against Torture.

There are protests at Saudi embassies across the world highlighting the case of blogger Raif Badawi, sentenced to a thousand lashes – fifty lashes a week after Friday prayers – and ten years in prison for blogging about free speech.

Since March, Saudi Arabia has been bombing Yemen — with no UN mandate — destroying schools, hospitals, homes, a hotel, public buildings, an Internally Displaced Persons camp, historical jewels, generating “a trail of civilian death and destruction” which may have amounted to war crimes, according to Amnesty International. “Unlawful airstrikes” have failed to distinguish between military targets and civilian objects. “Nowhere safe for civilians”, states Amnesty.

Further, the conflict … has killed close to 4,000 people, half of them civilians including hundreds of children, and displaced over one million since 25 March 2015. There has been:

… a flagrant disregard for civilian lives and fundamental principles of international humanitarian law (killing and injuring) hundreds of civilians not involved in the conflict, many of them children and women, in unlawful (disproportionate and indiscriminate) ground and air attacks.

It is alleged that US-supplied cluster bombs have also been used. One hundred and seventeen States have joined the Convention to ban these lethal, indiscriminate munitions since December 2008. Saudi Arabia, of course, is not amongst them.

Saudi was also one of the countries which bombed Iraq in 2003, an action now widely accepted as illegal. It is perhaps indicative of their closeness to the US that the bombardment of Yemen is mirror-named from the Pentagon’s Silly Titles for Killing People lexicon: “Operation Decisive Storm.” Iraq 1991 was, of course, “Operation Desert Storm”.

Saudi is also ranked 164th out of 180 countries in the 2015 Reporters Without Borders press freedom index. All in all, Saudi leading the Human Rights Council at the UN is straight out of another of George Orwell’s most nightmarish political fantasies.

Oh, and, of course, we are told that nineteen of the hijackers of the ‘plane that hit the World Trade Centre were Saudis – for which swathes of Afghanistan and region, Middle East and North Africa are still paying the bloodiest, genocidal price for the “War on Terror”– whilst Saudi’s representatives stroll into the sunlight of the UN Human Rights body.

On the UN Human Right’s Council’s website is stated:

The Office of the United Nations High Commissioner for Human Rights (OHCHR) represents the world’s commitment to universal ideals of human dignity. We have a unique mandate from the international community to promote and protect all human rights.

Way to go, folks!

September 24, 2015 Posted by | Civil Liberties, Subjugation - Torture | , , , | Leave a comment

Parents of Saudi juvenile set for ‘crucifixion’ plead for mercy, amid UK and US silence

Reprieve | September 24, 2015

The family of a juvenile sentenced to ‘crucifixion’ in Saudi Arabia have appealed to the Saudi authorities to spare him, as pressure mounts on the US and the UK to intervene.

Speaking to AFP, Mohamed al-Nimr said he hoped the King would save his son, student Ali al-Nimr, who was 17 when he was arrested in 2012 in the wake of protests in the Eastern Province. Ali was tortured into signing a false ‘confession’, which was then used to convict him, and it emerged last week that the unusually harsh sentence had recently been upheld without Ali’s knowledge. With legal avenues now exhausted, Ali could be executed at any moment, with no prior notification of his family. Mr al-Nimr said “we hope that the king will not sign” the execution order for his son.

The appeal comes as the UK and the US – strong allies of the Saudi government – faced questions on their failure to speak out about the case. Questioned yesterday by AP, US State Department spokesman Mark C Toner refused to say he’d welcome a commutation of the sentence, saying that he was “not aware of the case.”

The UK government has so far limited itself to a brief statement last week that “We continue to raise our human rights concerns with the Saudi authorities, including their use of the death penalty.” The Ministry of Justice has also faced criticism after it indicated that it would continue with an ongoing bid to provide prison services to the Saudi government.

In contrast, the French government yesterday joined UN experts in calling for the death sentence to be commuted, because Ali was a juvenile at the time of his arrest. The French Foreign Ministry said it was “concerned by the situation of Ali Mohammed al-Nimr, who was sentenced to death even though he was a minor at the time of the events […] We call for the execution to be called off.” The group of independent United Nations human rights experts on Tuesday asked the Saudi authorities “to immediately halt the scheduled execution”, and to ensure a “fair retrial” of Ali.

Commenting, Maya Foa, director of Reprieve’s death penalty team, said: “Saudi Arabia’s plans to behead and crucify Ali al-Nimr, a juvenile, for attending a protest are an outrage – the French government and UN experts are right to be calling for it to be cancelled. It’s deeply troubling that the UK and the US – both close allies of the Saudi government – are staying silent. The international community must stand firm against this utterly unjustified sentence, and call on the Saudi authorities to change course.”

September 24, 2015 Posted by | Civil Liberties, Subjugation - Torture | , , , | Leave a comment

The West Suppresses Report on Ukraine’s Suppression of Journalists

OSCE Squelches Ukrainian Commission on Human Rights Speaker

By Eric Zuesse | Aletho News | September 23, 2015

At a 21 September 2015 meeting of the OSCE (Organization for Security and Cooperation in Europe), which is run by the Western powers and which is the leading organization concerning security and cooperation in Europe, a courageous speech against Ukraine’s imprisonment and killing of independent journalists was made by Alexey Tarasov, the Chairman of the All-Ukrainian Commission on Human Rights. Nearly halfway through the prepared text of his intended 6-minute summary description of the main cases, his speech was terminated by the Chairperson. It was cut off at 2:31 in this video:

https://www.youtube.com/watch?v=malosUt-9jc

However, in this video of it, the termination is at 2:38:

https://www.youtube.com/watch?t=161&v=RxeCM_EBZdE

Here, then, is the complete printed text, as it was posted at Fort Russ on September 22. I have additionally placed a mark at the point where Tarasov’s speech was cut short:

Dear colleagues,

Please allow me to welcome this meeting.

Probably everyone knows that today’s Ukraine is the most problematic European country in terms of human rights and fundamental freedoms.

Especially where it concerns the tragic situation with the freedom of speech and freedom of expression, the situation of access to information, limitation of journalists’ activity and the mass media in general.

According to information by the Institute of Mass Media, since the beginning of 2015 in Ukraine, there has been recorded 224 violations of the rights of journalists. According to the Institute’s reports, almost every day journalists in Ukraine are beaten or intimidated.

The worst thing is the continuation of journalists’ murders. For example, last year the talented journalist Oles’ Buzina was killed right near the entrance of his house. He was a consistent supporter of the Ukraine’s unity, at the same time fundamentally opposing to the war in the Donbass, which contradicted the official doctrine. The suspects of the murder of Buzina were arrested. They are under investigation. Human rights defenders are very concerned with the political pressure on the investigation and law enforcement agencies. They are afraid that the real killers will escape  punishment.

In Kiev this year, journalists Sergei Sukhobok and Margarita Valenko, were killed in Cherkassy region – Vasily Sergienko.

In Ukraine there is political pressure on opposition media, harassment, illegal criminal searches and arrests of journalists became a reality. There are varied forms of violence against dissent in the Ukrainian media.

State officials are trying to illegally shut the license of the popular opposition 112 TV channel and of the metropolitan newspaper Vesti. There were a great number of provocations, criminal searches, etc. Ukrainian authorities are forcibly trying to substitute owners of the mass media. Employees of the Odessa opposition website “Timer” for “prevention” were summoned for questioning at the office of the Ukrainian security service (SBU). There were some searches in journalists’ houses.

Ukrainian authorities always have standard charges on “separatism” with following arrests for those media professionals who are disagree with the state policy. The Chief Editor of the Internet newspaper “Vzapravdu” Artem Buzila, for the last five months has been imprisoned in Odessa on such fabricated accusations.

The Editor of the newspaper “Rabochiy class”, Alexander Bondarchuk has been illegally jailed for the last six months in the Kiev prison. And I can continue this list. There are dozens of journalists who are jailed or are in the wanted list of the SBU for their opposition publications.

Also, I want to draw your attention to the problem with the freedom of expression and regulation of the rights of conscientious objectors (COs) in Ukraine. They are individuals who have claimed their right to refuse to take military service, who have special ideological and moral convictions. …

[CUT SHORT HERE BY CHAIRMAN]

… This is a normal practice for the European countries to protect rights of conscientious objectors, but not for the Ukraine. Nowadays the position of Ukrainian COs, who are not members of any religious organization, violates the law of the country. Authorities criminally prosecute even those journalists who are COs.

A striking confirmation of this problem is the prosecution of journalist Ruslan Kotsaba, who is CO. For his public conscientious objection, Ruslan Kotsaba has been jailed and his case has been considered for several months by the Ivano-Frankivsk City Court. The authorities consider the open position of the honest journalist as “obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations during the special period.” Such behavior of the authorities is difficult to imagine in a normal democratic society. Now, according to the information of Ukrainian prosecutors thousands of COs have been prosecuted, and hundreds of them have been jailed. Therefore, in our country there is a total process of transformation of ideological Ukrainian COs into real prisoners of conscience.

In addition, there is another issue. Between Ukraine and the European Union the Association Agreement was signed, which was simultaneously ratified in September 16, 2014 by the European Parliament and the Parliament of Ukraine. According to the Agreement, particular attention is paid to the observation of human rights. Article II (two) states: “Respect for democratic principles, human rights and fundamental freedoms, as defined in particular in the Final Act of the Conference on Security and Cooperation in Europe (1975) and the Charter of Paris for a New Europe (1990) …”.

This Agreement has not yet entered into force, and the Parliament of Ukraine on May 21, 2015 has adopted a resolution “On the withdrawal from certain obligations, certain International Covenant on Civil and Political Rights and the Convention on the Protection of Human Rights and Fundamental Freedoms.” This resolution also violates Helsinki Final Act obligations. Ukrainian Deputies motivated their decision to adopt the resolution by the tragic events in Donbass.

By the way, our Ukrainian Human Rights Commission issued a report “Undeclared war at the center of Europe”. It concerns the observance of human rights during the so called «anti-terrorist operation» in Donbass by Ukraine’s state officials. You can see and have it near the conference hall.

So, the Ukrainian state instead of focusing on the implementation of international humanitarian law and the protection of civilians during the armed conflict in Donbass, has substituted these concepts and instead withdrew itself from the obligations of the state to respect international human rights, to protect them, and the exercising of  rights of millions of inhabitants of Donetsk and Lugansk regions.

By the adoption of such a decision, the Ukrainian state has applied to a part of its citizens discriminatory measures based on their residence, and has restricted their human rights and fundamental freedoms, including their right to liberty and security, freedom of residence and movement, the right to fair trial and effective means of legal protection, social protection etc.

There is a question to the EU countries, who ratified the Association Agreement between Ukraine and the EU, the main elements of which are based on international and European standards of human rights without any exceptions:

Will these countries suspend the entry into force of the Association Agreement between Ukraine and the EU before the termination of the violations of human rights and fundamental freedoms of millions of citizens in Ukraine? Or will they want to support Ukraine’s position of double standards, and not to extend the requirements of this Agreement to particular regions of Donetsk and Lugansk?

We hope that the international community will stop the ignorance of massive and systematic violations of human rights and fundamental freedoms in Ukraine, first of all, in matters of freedom of speech and the rights of journalists, and will put pressure on the Ukrainian authorities in order to force them into complying with their international obligations in the field of human rights.


Investigative historian Eric Zuesse is the author, most recently, of  They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010, and of  CHRIST’S VENTRILOQUISTS: The Event that Created Christianity.

September 23, 2015 Posted by | Civil Liberties, Full Spectrum Dominance | , , , | Leave a comment

Millions of job seekers’ fingerprints will now be searched for criminal investigations, says FBI

PrivacySOS | September 21, 2015

For years the FBI has performed federal criminal background checks for employers and state governments, amassing tens of millions of biometric records on people accused of no crime. If you want to be a lawyer, teacher, or even bike messenger in many parts of the United States, you’ll need to submit your fingerprints to the FBI. Every single federal employee must submit their prints before employment. Until recently, the FBI claimed it would not search these civil prints when conducting criminal print matching; a wall between the civil and criminal fingerprint databases kept these distinct sets of information separate, the Bureau claimed. But in February 2015, that all changed—very quietly.

EFF‘s Jennifer Lynch:

The change, which the FBI revealed quietly in a February 2015 Privacy Impact Assessment (PIA), means that if you ever have your fingerprints taken for licensing or for a background check, they will most likely end up living indefinitely in the FBI’s [Next Generation Identification] database. They’ll be searched thousands of times a day by law enforcement agencies across the country—even if your prints didn’t match any criminal records when they were first submitted to the system.

This is the first time the FBI has allowed routine criminal searches of its civil fingerprint data. Although employers and certifying agencies have submitted prints to the FBI for decades, the FBI says it rarely retained these non-criminal prints. And even when it did retain prints in the past, they “were not readily accessible or searchable.” Now, not only will these prints—and the biographical data included with them—be available to any law enforcement agent who wants to look for them, they will be searched as a matter of course along with all prints collected for a clearly criminal purpose (like upon arrest or at time of booking).

This seems part of an ever-growing movement toward cataloguing information on everyone in America—and a movement that won’t end with fingerprints. With the launch of the face recognition component of NGI, employers and agencies will be able to submit a photograph along with prints as part of the standard background check. As we’ve noted before, one of FBI’s stated goals for NGI is to be able to track people as they move from one location to another. Having a robust database of face photos, built out using non-criminal records, will only make that goal even easier to achieve.

The FBI’s decision to start using civil prints in criminal investigations demonstrates that we should be very skeptical of all government efforts to collect and retain sensitive information about us. Today they say they won’t do X, Y, or Z with that information. But that can change very easily, and without many of the millions of people affected taking much notice.

Read more about the FBI’s plans to amass biometric information on all of us.

September 23, 2015 Posted by | Civil Liberties, Full Spectrum Dominance | , , | Leave a comment

Former Guantanamo detainee facing possibility of ‘utterly baseless’ charges in Morocco

Reprieve | September 23, 2015

Younous Chekkouri, who was released from Guantanamo last week, is facing the possibility of charges in Morocco that his lawyer has described as ‘utterly baseless’.

The prosecution in Morocco today announced that Younous – who has been held in detention since his release last week – is facing the possibility of charges of ‘attempts to disrupt the security of the country’. A judge will decide in two weeks whether to formally charge him. Meanwhile he has been placed in ‘provisional detention’ in Salé without bail.

Younous, 47, was cleared by the US government in 2010 – a process involving unanimous agreement by six federal agencies including the Departments of State and Defense and the CIA and FBI. He was never charged with a crime. His petition for habeas corpus was litigated through to a hearing, and saw the US government drop almost every allegation it had originally made against Younous.

Cori Crider, Younous’ attorney and director at Reprieve, said: “Younous facing charges is nothing short of an absolute disgrace. The US government, responsible for his being in this position in the first place, saw fit to clear him for release from Guantanamo following an exhaustive review. They never charged him with a crime and indeed they dropped almost every one of the ridiculous allegations they ever made against him while his case was being litigated in federal court. Any charges the Moroccan prosecutors are attempting to lay at Younous’ door are utterly baseless and must be revoked at once. Younous Chekkouri must go free.”

September 23, 2015 Posted by | Deception, False Flag Terrorism | , , , | Leave a comment

UN Special Rapporteur On Torture Issues Sharply Critical Report On Ukraine

Introduction by New Cold War, September 21, 2015

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

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

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

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

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

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

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

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


Ukraine: Lives lost in an accountability vacuum

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

III.       Securing the right to life in wider Ukraine

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

(i)           Maidan Protest

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

(ii)          Events of 2 May in Odessa

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

D            Accountability for violations

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

(i)           Indiscriminate shelling

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

(ii)          Detention

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

(iii)        Alleged summary killings

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

(iv)         Integration of armed militias in command and control

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

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

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

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

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

(ii)          Summary executions of detainees

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

(iii)        Allegations of quasi-judicial executions

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

(iv)         Threats against certain groups

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

(vi)         Targeting of those hors de combat

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

(vii)        Downing of Malaysian Airlines flight MH17

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

VII.     Preliminary Recommendations

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

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

How The NY Times Hides the Scandal of US-Israeli War Crimes

By Barbara Erickson | TimesWarp | September 21, 2015

The United States sends at least $3.1 billion in military aid grants to Israel every year, more than the amount given to all the rest of the world combined, and although Americans oppose this excess, their opinion has had no effect: Officials are now in talks to raise the yearly amount by as much as 50 percent.

If you missed that news in The New York Times, there is no reason for surprise. The issue has essentially remained out of sight, glossed over in a smattering of news stories, where readers find murky references to US aid and no enlightening details.

Thus we have a story by Jodi Rudoren this month, a look at how Israeli Prime Minister Benjamin Netanyahu has made a “pivot” after losing his battle against the nuclear agreement with Iran. Several paragraphs into this piece she writes, “Washington is expected to deliver a huge new military aid package to Israel… to appease Mr. Netanyahu and Democratic supporters of Israel who reluctantly backed the nuclear deal.”

This begs for explanation. How much is “huge”? Why is this “expected”? But nothing more is forthcoming.

Times readers have to look elsewhere for a fuller story. Other sources tell us that Israel has been asking for up to $4.5 billion a year in military aid and that talks have been going on “away from the spotlight.” Observers expect announcement of an aid agreement in November, when Israeli Prime Minister Benjamin Netanyahu visits Washington.

The Times did manage to work in the $4.5 billion price tag, in the last paragraph of a story that ran in July. The US has guaranteed Israel $31 billion in military aid grants over 10 years ending in 2017, and Israel now wants a new deal guaranteeing up to $45 billion over another 10 years. The article states that officials will frame the deal that finally emerges as an effort to bolster Israel’s defenses in the face of a resurgent Iran. Thus they will try to defuse the charge that the new deal is a way of “appeasing” Israel.

Since this story appeared, the Times has avoided the subject, except for Rudoren’s reference to a “huge” new package, and brief comments elsewhere about “compensation” for defying Israel on the Iran nuclear deal.

US aid to Israel is a subject that the Times would like to avoid. On many fronts it is difficult to defend and shines a harsh light on the actions of both the US and Israeli governments. For instance:

  • Congress has been willing to maintain and even increase military aid to Israel even as it cuts programs for education, food assistance and tax relief for working families in the United States.
  • Israel receives US aid even though it is one of the most economically advanced countries in the world.
  • US military aid makes up a full 20 percent of the Israeli military budget.
  • Israel, a small country, is so well supplied with arms that it is the tenth largest purveyor of weaponry in the world. In other words, Israel receives military aid from the US, and then makes money by selling arms to other nations.
  • US aid to Israel amounts to $10.2 million per day or $450 per year for each Israeli citizen.
  • Israel receives special perks that other aid recipients are denied, such as the right to use some of the funds to buy weapons from Israeli manufacturers instead of being required to purchase American products.
  • Israel spends more on military expenditures than any other country in the world, based on percentage of gross domestic product.
  • The annual U.S. military aid package for Palestine is $0.00.
  • In addition to the $3.1 billion in direct military aid guaranteed each year, Israel receives other gifts, such as economic grants and immigration assistance, raising the total aid well beyond the stated amount. (Vice President Joe Biden recently cited $7.18 billion for a one-year package.)
  • Sixty percent of Americans polled in a survey said the United States “gives too much aid to Israel.”

In addition, human rights organizations and other observers have raised ethical concerns over supplying arms to Israel in view of its deadly attacks on civilians in the occupied Palestinian territories.

Last year, during the assaults on Gaza that left some 2,200 Palestinians dead, Amnesty International called on the United States to stop transferring arms to Israel, citing “growing evidence of war crimes.” In June of this year, Rep. Betty McCollum (D-MN) asked the State Department to review the legality of military aid to Israel in light of evidence that security forces abuse child prisoners and have killed nonviolent demonstrators.

This past week a coalition of 10 organizations—American Muslims for Palestine, Jewish Voice for Peace, Code Pink, Defense for Children International and others—sent out a petition asking President Obama to stop supplying Israel with arms. In particular the petition targets the 50 percent increase in direct aid from $3.1 to $4.5 billion now under consideration.

Within days, by Sept. 21, the petition had reached its goal of 50,000 signatures and reset its sights on 60,000.

The Times, however, has had nothing to say about these protests, although they have been reported elsewhere. Rep. McCollum’s letter, which garnered the signatures of 18 additional members of Congress, was featured in US and Israeli media but found no mention in the Times.

The subject of military aid to Israel demands a fuller treatment in the Times. Readers should know the actual cost to U.S. taxpayers; they should be told of ethical concerns raised by organizations and officials; they are entitled to know more about the lethal effects of Israel’s weaponry; they should find Times analysts willing to discuss the contrast between congressional largess for Israel and the efforts to cut domestic programs.

It is not too much to say that US military aid to Israel is scandalous in light of the devastating effects it has had on innocent Palestinians and also on Americans deprived of basic needs. The failure of the Times to address the issue also amounts to scandal, making it fully complicit in this sordid affair.

September 22, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Mainstream Media, Warmongering | , , , , , | Leave a comment