trial – Radio Free https://www.radiofree.org Independent Media for People, Not Profits. Tue, 22 Jul 2025 19:00:43 +0000 en-US hourly 1 https://www.radiofree.org/wp-content/uploads/2019/12/cropped-Radio-Free-Social-Icon-2-32x32.png trial – Radio Free https://www.radiofree.org 32 32 141331581 Georgia seizes 2 media outlets’ accounts amid trial of journalist Mzia Amaglobeli https://www.radiofree.org/2025/07/22/georgia-seizes-2-media-outlets-accounts-amid-trial-of-journalist-mzia-amaglobeli/ https://www.radiofree.org/2025/07/22/georgia-seizes-2-media-outlets-accounts-amid-trial-of-journalist-mzia-amaglobeli/#respond Tue, 22 Jul 2025 19:00:43 +0000 https://cpj.org/?p=499780 New York, July 22, 2025—Georgian authorities seized the financial accounts of independent news outlets Batumelebi and Netgazeti over tax arrears, days ahead of an expected verdict in the trial of the outlets’ director, Mzia Amaglobeli, who has been jailed since January on charges widely viewed as politically motivated.

“The unwarranted seizure of Batumelebi and Netgazeti’s bank accounts confirms what has been clear from the start of Mzia Amaglobeli’s trumped-up trial – that authorities’ goal is to silence two of Georgia’s most respected news outlets and the courageous woman who runs them,” said CPJ Chief Global Affairs Officer Gypsy Guillén Kaiser. “Georgian authorities should lift all undue restrictions on media outlets’ accounts, release Amaglobeli, and end their campaign against the independent press.”

Batumelebi reported that Georgia’s Revenue Service seized the accounts of the outlets’ legal entity, Gazeti Batumelebi, on July 17, after previously giving it just five days to pay accumulated tax debts, interest, and penalties totaling around US$100,000.

CPJ and international partners monitored the July 14 trial of Amaglobeli, who was jailed over an altercation with a local police chief, and denounced the charges against her as “disproportionate and politicized.” A verdict is expected on August 1, with the prominent media manager facing between four and seven years in prison and declining health.

The measures “appear aimed at breaking [Amaglobeli] personally and, ultimately, destroying the media organization she founded,” Batumelebi said in its statement.

The outlet, which is known for its coverage of human rights issues and scrutiny of authorities, said it had been paying off the debt and pointed to the much higher arrears of pro-government media as a “telling example” of “the selectivity of this pressure.”

The Revenue Service said in a July 22 Facebook post that the seizure of Gazeti Batumelebi’s accounts was carried out “automatically” and it was ready to lift the measure and allow the company to cover its debts “in the event of a tax agreement.” 

Batumelebi said the Revenue Service repeatedly declined its proposed payment plans both before and after the seizure.

In recent weeks, two independent broadcasters have reported similar account seizures over tax arrears, alleging political pressure. The moves come amid an unprecedented media crackdown and authoritarian turn by the ruling Georgian Dream party, with a series of repressive new laws on the press and extensive police violence against journalists. 


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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“Ideological Deportation”: AAUP v. Rubio Trial Challenges Trump Crackdown on Pro-Palestine Students https://www.radiofree.org/2025/07/09/ideological-deportation-aaup-v-rubio-trial-challenges-trump-crackdown-on-pro-palestine-students-2/ https://www.radiofree.org/2025/07/09/ideological-deportation-aaup-v-rubio-trial-challenges-trump-crackdown-on-pro-palestine-students-2/#respond Wed, 09 Jul 2025 15:48:25 +0000 http://www.radiofree.org/?guid=1ce097c363746fe0ed22a3a212afe5d0
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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“Ideological Deportation”: AAUP v. Rubio Trial Challenges Trump Crackdown on Pro-Palestine Students https://www.radiofree.org/2025/07/09/ideological-deportation-aaup-v-rubio-trial-challenges-trump-crackdown-on-pro-palestine-students/ https://www.radiofree.org/2025/07/09/ideological-deportation-aaup-v-rubio-trial-challenges-trump-crackdown-on-pro-palestine-students/#respond Wed, 09 Jul 2025 12:33:54 +0000 http://www.radiofree.org/?guid=b09776f7980d8cee8af36221b52298d4 Seg3 jaffer protest 1

The first trial in a case challenging the Trump administration’s policy of detaining and deporting international students and professors who participate in pro-Palestinian activism is underway in Boston. The American Association of University Professors and the Middle East Studies Association brought the lawsuit. Government lawyers tried to get it dismissed, but U.S. District Judge William Young, an 84-year-old Ronald Reagan nominee, ordered a trial, saying it was the “best way to get at truth.”

“Students and faculty all over the country are quite literally terrified about the possibility that their advocacy and expression will lead to detention,” says Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University and one of the lawyers challenging the Trump administration. “They are terrified that ICE agents will show up at their door any day and take them away.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Turkish journalist Öznur Değer’s terrorism trial opens for her reports on PKK https://www.radiofree.org/2025/05/21/turkish-journalist-oznur-degers-terrorism-trial-opens-for-her-reports-on-pkk/ https://www.radiofree.org/2025/05/21/turkish-journalist-oznur-degers-terrorism-trial-opens-for-her-reports-on-pkk/#respond Wed, 21 May 2025 18:39:41 +0000 https://cpj.org/?p=481419 Istanbul, May 21, 2025—Turkish authorities should release Öznur Değer ahead of her trial on Thursday and stop conflating reporting on the Kurdistan Workers Party (PKK) with publishing propaganda for the outlawed group, the Committee to Protect Journalists said Wednesday.

“The prosecution of Öznur Değer is yet another example of the witch hunt against critical journalists in Turkey. Reporting on sensitive issues does not equate with promoting violence,” said Özgür Öğret, CPJ’s Turkey representative. “Turkish authorities should quickly free Değer, drop the charge against her, and put an end to such vindictive prosecutions.”

Değer, news director for the pro-Kurdish site JİNNEWS, was taken into police custody during a February 7 raid on her home in the southeastern city of Mardin and put under arrest by a court.

The court subsequently charged her with making propaganda for the PKK, which Turkey recognizes as a terrorist organization.

The PKK, which has been fighting Turkish security forces since 1984, announced in May that it was planning to disband as part of a new peace process.

In the four-page indictment, reviewed by CPJ, prosecutors said PKK-related news, photographs, and videos that Değer posted on the social media platform X between 2021 and 2024 were terrorism propaganda.

The indictment also said Değer was under investigation for “insulting a public officer,” who filed a complaint about comments Değer made at a funeral wake in December.

Değer is appealing a six year and three month sentence issued against her and seven other journalists in June 2024 for membership of a terrorist organization. She spent almost seven months in jail, from October 2022 to May 2023, awaiting trial.

CPJ’s email requesting comment from the chief prosecutor’s office in Mardin did not receive a reply.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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Former journalist subpoenaed to testify at ex-mayor’s criminal trial https://www.radiofree.org/2025/05/16/former-journalist-subpoenaed-to-testify-at-ex-mayors-criminal-trial/ https://www.radiofree.org/2025/05/16/former-journalist-subpoenaed-to-testify-at-ex-mayors-criminal-trial/#respond Fri, 16 May 2025 16:56:59 +0000 https://pressfreedomtracker.us/all-incidents/former-journalist-subpoenaed-to-testify-at-ex-mayors-criminal-trial/

Barrett Newkirk, a former reporter for The Desert Sun, was subpoenaed on April 24, 2025, in connection with the Indio, California, trial of an ex-mayor accused of taking bribes. A judge ruled in May that the state’s shield law doesn’t protect Newkirk from being questioned about his coverage.

According to court filings reviewed by the U.S. Press Freedom Tracker, Newkirk worked on two articles in April 2015 concerning Stephen Pougnet, then mayor of Palm Springs, and his dealings with two real estate developers.

Pougnet was indicted in 2019 alongside developers John Wessman and Richard Meaney on felony counts of bribery, perjury and conflict of interest, The Desert Sun reported. Less than a month before the case was finally set to go to trial, prosecutors subpoenaed Newkirk, ordering him to appear to testify before the jury on May 1.

Attorneys representing Newkirk and The Desert Sun asked a judge to strike down the subpoena in an April 30 filing, arguing that the former reporter’s testimony was not needed to verify Pougnet’s quotes in the articles and that, given more than a decade had passed, he was unable to recall details to authenticate the quotes.

They added that anything else that Newkirk might be asked about at trial — such as his newsgathering and reporting techniques — is squarely protected by the state’s shield law, particularly as it is the prosecution that seeks his testimony.

Were the subpoena to be enforced, they argued, it would “convert Newkirk and The Desert Sun into a ‘research tool’ or ‘investigative arm’ of the prosecution, called to testify whenever they may have obtained news or an interview that the government might find useful.”

The prosecution argued in its response that reporter’s privilege only extends to information about sources and unpublished materials, not the standards and practices behind attributing quotes in articles.

“Indeed, some might say that the public is entitled to know what standards apply to quoting and attributing statements in the press, and in fact many journalistic organizations post their standards on these issues online,” Deputy District Attorney Natasha Sorace wrote.

Superior Court Judge Samuel Diaz Jr. sided with the prosecution on May 7, but ruled that he would hear additional arguments on whether the evidence would be admissible before compelling Newkirk to testify, according to The Desert Sun.

Before a hearing could be scheduled, Pougnet pleaded guilty May 14 to more than a dozen counts — including bribery, conspiracy and holding prohibited financial interests in public contracts — and entered no contest pleas to three perjury charges.

The U.S. Press Freedom Tracker was unable to confirm whether the prosecution still intends to pursue Newkirk’s testimony at the trial of Pougnet’s co-defendant, Wessman, which is scheduled to begin May 19 or 20.

Newkirk, his attorney and Gannett — The Desert Sun’s parent company — did not respond to requests for comment. The Riverside County District Attorney’s Office declined to comment on the pending case.


This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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Uyghur bomb suspects still await final trial in Thailand after 10 years in jail https://rfa.org/english/uyghur/2025/05/15/uyghur-bomb-suspect-thailand-trial/ https://rfa.org/english/uyghur/2025/05/15/uyghur-bomb-suspect-thailand-trial/#respond Thu, 15 May 2025 08:25:35 +0000 https://rfa.org/english/uyghur/2025/05/15/uyghur-bomb-suspect-thailand-trial/ BANGKOK – A Thai court slashed the number of prosecution witnesses for the long-stalled trial of two Uyghur men incarcerated for a decade following the retaliatory bombing of a Bangkok shrine popular with Chinese visitors.

Adem Karadag and Yusufu Mieraili, both handcuffed and shackled, appeared Thursday at a Bangkok criminal court for a fresh arraignment aimed at speeding up proceedings in the politically sensitive case.

“I still have hope for freedom,” Karadag told Radio Free Asia through a courtroom interpreter. “I want to go anywhere but not to be sent back to China like others.”

Both men smiled and hugged their Thai lawyer and Uyghur interpreter.

“I exercised. I can eat well,” Mieraili said in Thai.

Both men deny they triggered the Erawan Shrine bomb in the Aug. 17, 2015 attack that was apparent retaliation for Thailand’s repatriation of dozens of Uyghur migrants to China, where they face high risk of persecution.

Twenty people died in the bombing of the Hindu shrine in downtown Bangkok and more than 120 more injured.

The trial has languished due to jurisdiction changing between civilian and military courts amid regime changes in Thailand. Lack of qualified courtroom interpreters also has caused delays.

The criminal court on Thursday cut the number of prosecution witnesses to 20 from 55 to shorten the trial. It has set 11 court dates from September to December. The pair are charged with first-degree murder and could face execution if found guilty.

Police arrested Karadag and Mieraili shortly after the bombing based on CCTV footage, but failed to find dozens of other alleged perpetrators.

The trial is expected to finish next year, said Chuchart Gunpai, a lawyer for the defendants.

Uyghur exodus through Southeast Asia

Uyghurs are Turkic-speaking Muslims who mostly live in the Xinjiang region of China but are also spread across Kazakhstan, Kyrgyzstan, Uzbekistan and Turkey. They have been fleeing China in large numbers to escape what they describe as persecution and repression by Chinese authorities – allegations that Beijing denies.

Before the bombing, nearly 400 Uyghurs who fled China were arrested in Thailand in 2014, according to the Thai foreign ministry. The fleeing Uyghurs were hoping for resettlement in Turkey via Malaysia, right advocates and other lawyers said. Others likely slipped through the Thai-Malaysian border without detection by authorities.

In June 2015, Thailand allowed 172 Uyghur women and children to leave for Turkey, but two weeks later appeared to bow to pressure from Beijing and put 109 Uyghur men, blindfolded, on a plane back to China, provoking international condemnation.

The Thai foreign ministry said at that time the men “have been verified as Chinese and evidence of their involvement in criminal activities has been sent by the Government of China.”

The decision drew condemnation from the World Uyghur Congress, an exiled Uyghur group, which claimed 25 Uyghurs were killed resisting the forced deportation. Thailand denied any deaths.

“Had Thailand followed the principle of not sending people into harm’s way, these mishaps could have been avoided,” Chalida Tarjaroensuk, the director of the People’s Empowerment Foundation, who assisted the Uyghurs, told RFA.

Poor conditions

Following the deportations and the arrests of Karadag and Mieraili in 2015, more than 50 Uyghurs remained in Thai immigration prison until earlier this year.

Some said they were denied proper lawyer visits and kept in cramped unhygienic cells without adequate medical care. Thai officials said three detainees died during their imprisonment.

Some 40 of the imprisoned Uyghurs were deported to China in the dead of night on Feb. 27. Reporters who traveled with Thai officials to China to check on conditions for the deported men said they were subjected to Chinese surveillance.

Another three Uyghur men, who held Kyrgyzstan passports, were resettled in Canada.

Five Uyghurs are continuing to serve sentences for jailbreaking, according to Chalida, who fears they will also face deportation to China after their release in the next year or two.

Edited by Stephen Wright and Taejun Kang.


This content originally appeared on Radio Free Asia and was authored by RFA Staff.

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From tragedy to trolling: Himanshi Narwal, widow of naval officer killed in Pahalgam, faces social media trial https://www.radiofree.org/2025/05/12/from-tragedy-to-trolling-himanshi-narwal-widow-of-naval-officer-killed-in-pahalgam-faces-social-media-trial/ https://www.radiofree.org/2025/05/12/from-tragedy-to-trolling-himanshi-narwal-widow-of-naval-officer-killed-in-pahalgam-faces-social-media-trial/#respond Mon, 12 May 2025 08:57:30 +0000 https://www.altnews.in/?p=297873 It took less than 10 days for social media users to do a full u-turn on Himanshi Narwal, the wife of late naval officer Lieutenant Vinay Narwal, who was killed...

The post From tragedy to trolling: Himanshi Narwal, widow of naval officer killed in Pahalgam, faces social media trial appeared first on Alt News.

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It took less than 10 days for social media users to do a full u-turn on Himanshi Narwal, the wife of late naval officer Lieutenant Vinay Narwal, who was killed in a terror attack in Kashmir on April 22. The couple had gotten married just six days ago, on April 16, and were in Kashmir for their honeymoon.

Vinay Narwal was among the 26 shot dead by terrorists in what is being dubbed the worst attack on civilians in recent history. Survivors, including Himanshi, had said that those killed were targeted based on religion. “They said he doesn’t look like a Muslim and shot him,” she said.

After the carnage, the image of a grieving Himanshi sitting next to her husband’s lifeless body soon became a symbol of the brutality that unfolded in the Baisaran valley.

The above image was aired by almost every news channel and carried across newspapers the following day. On social media, many, including the BJP, amplified the picture, or versions of it, to express solidarity with her or to make communal remarks, like “Even in death, only religion mattered” and “They asked for your religion, not caste“.

 

View this post on Instagram

 

A post shared by India Today (@indiatoday)

But by May 1, the tides turned against Himanshi; much of the sympathy for the late officer’s wife suddenly turned into hateful, abusive trolling.

The Turning Point

Many social media users accused the woman of ‘protecting jihadis’. Why? Because of an appeal she made on May 1, while attending a blood donation camp on her late husband’s birthday in Haryana’s Karnal.

“I just want the entire nation to pray for him that wherever he is… he remains in good spirits, he is healthy and at peace. That’s it… There is one more thing that I want, I do not want any hatred towards anybody. This is what’s happening. People are going against Muslims or Kashmiris. We don’t want this. We want peace and only peace. Of course, we want justice. Of course, the people who have done wrong to him should be punished.”

Her statement came amid a rise in ‘retaliatory’ hate crimes targeting Muslims and Kashmiris, and calls for boycott and hate in the aftermath of the terror attack.

But her public appeal for peace didn’t sit well with many social media users, who often share radical, far-Right content and identify with the Hindutva ideology, going by their bios.

Soon, many who were initially referring to her as ‘Himanshi Narwal’ stopped and instead began using her maiden name, ‘Himanshi Swami’, to address her. A few users online even began questioning whether she ever cared about her late husband and whether she qualifies for the monetary compensation she would receive as the widow of Vinay Narwal.

People dug into her past, scrutinised her decision to continue wearing the mangalsutra (a necklace worn by some married Hindu women), and brought up her old social media posts. Some even made remarks that suggested she was complicit with the terrorists. All of this seemed to be largely because her condemnation for what happened was largely devoid of any Islamophobic or communally charged rhetoric. It was rather the opposite.

Documenting Hate

Himanshi became the target of the social media hate machinery.

On May 1, X user @erbmjha posted Himanshi’s video, where she urges peace for all, with a sarcastic remark: “Sarv Dharm Vadapao ultra pro Max”.

Another X user, @PremPandey1011, followed up this post with claims that he knew Himanshi, adding that “she was student of MA CESP in SSS, #JNU , she used to love muslims a lot , Her daily habit was to visit Jhelum hostel of JNU , a boys hostel where Mainly Kashmiris lived. She was in Living relationships with Kashmiris!! [sic]” This person added that she “got her fate”. (Archive)

In a follow-up post, @PremPandey1011 added that he “doesn’t wish for Indians to develop a fake sympathy for such girl through media narrative”. He calls Himanshi underserving of any sympathy since he claims she might have been friends or even romantically involved with a Kashmiri or a Muslim person during her college days. (Archive)

Remember, these posts got thousands of views and were reshared by many.

Three days later, on May 4, the user added another post to the thread with an image of Himanshi. Text on the image made it seem like she was being quoted. It read: “I told my husband for Kashmir trip to show him army is fascist, And i don’t want to say any thing wrong about Muslims as I’m from DU and have many Muslim friends, I don’t want to ruin my friendship.”

Above this image and quote, the X user insinuated that “such girls” should not receive their late husband’s pension or any other compensation. They then shared a screen recording of those Himanshi followed on Instagram. The recording seemed to highlight that she followed many Muslims. A post of hers wishing everyone ‘Eid Mubarak’ was also mentioned. (Archive)

Presently, her Instagram account is private, and thus, details of whom she follows or what she shares are not publicly accessible. Additionally, details regarding Himanshi’s education mentioned by this user are available on her LinkedIn profile, which is public, so it’s possible that the details were taken from there. Note that the inflammatory quote attributed to her in the May 4 post was not reported by any credible news outlet and is likely fabricated.

Below are screenshots of these posts.

Click to view slideshow.

 

Another X account, @HPhobiaWatch, indulged in similar hateful, communal and misogynistic posts against Himanshi. Note that over a period, Alt News has been tracking @HPhobiaWatch’s posts that frequently target Muslims and amplify communal misinformation.

On May 2, this user shared a screenshot of a news report in which Himanshi’s image along with her appeal for harmony and peace were used. This was juxtaposed with an image of author Gurmehar Kaur holding a placard, which said “Pakistan did not kill my dad, war killed him”. Kaur, whose father was martyred in Kashmir in 1999, is among the prominent faces appealing for peace between India and Pakistan. However, she faced a lot of ire over this particular image with the placard, which first went viral in 2017.

“How low can you stoop for cheap fame? Insta Nachaniyas: I can show my body; Martyrs women : I can sell my deceased members body,” @HPhobiaWatch wrote in their post. ‘Nachaniya’ is a derogatory, crass term used for women dancers. (Archive)

The user then shared screenshots of old Facebook posts, allegedly by Himanshi, where she seems to be promoting a liberal view. These included posts from 2018 and 2019 in which she shared reports of a transgender anchor going on air for the first time on Pakistan television and how a Hindu girl saved a Muslim family from a mob attack. Calling her “big time secular, pro-pak and islam apologist”, @HPhobiaWatch made derogatory remarks like she will go trap another person after taking away compensation for Vinay Narwal. (Archive)

The following day, this user reshared @PremPandey1011’s X post and concluded that Himanshi felt “no remorse for her husband’s loss”. (Archive)

The post was amplified widely and attracted some nasty comments; some explicitly saying that she might have been involved in the terror attack.

Click to view slideshow.

Below are the other posts and reposts by @HPhobiaWatch targeting Himanshi. (Archives 1, 2)

Click to view slideshow.

Another X user, @Cyber_Huntss, actively participated in the trolling. On May 1, this account made posts to expose her “true character” and said that her remarks made the Right wing look like “fools”. The bashing and character assassination continued further. (Archive)

In one such X post, a screenshot of an appeal she made on her Facebook profile in 2018 was shared. The FB post was a link to a petition for Asifa, a seven-year-old Muslim girl who was found dead in Jammu and Kashmir’s Kathua district on January 17, 2018. The minor was raped and killed. The brutalities inflicted on her left many shaken. Seven individuals, including a minor, a special police officer and a temple priest, were among those accused. In 2019, six of the seven were convicted; one was acquitted.

But in the eyes of @Cyber_Huntss, sharing a petition in support of the minor rape-murder victim and demanding justice for her made Himanshi Swami “an active member of JNU’s tukde tukde gang”. This user insinuated that she “previously had affairs with Muslims while at JNU.”

“She shouldn’t be in mourning because maybe her first love will come back to her — maybe a Kashmiri. The one who is gone was a mother and father’s son… Spit on such a woman”, the caption of the post said in Hindi. (Archive)

A swarm of hateful comments and ‘whataboutery’ followed.

Click to view slideshow.

Things didn’t stop at that. The following day, on May 2, too, the user continued their hate campaign, “So brothers and sisters, today’s topic is Himanshi’s story, as told by her friends. It’ll be a spicy tempering, fried in a hot pan of oil, and there’ll be a lot to hear,” a ‘teaser’ of this so-called ‘exposé’ said. (Archives 1, 2)

The three-part ‘exposé’ was that she went to JNU for education and a reiteration of the same things mentioned by user @PremPandey1011. At the end, this user said that her life events make it clear that she had a ‘soft corner’ for Muslims and Kashmir because she dated them and had Left-leaning views; her appeal to peace for Kashmiris and Muslims should be read in that context, they insinuated. (Archive 1, 2, 3)

Click to view slideshow.

 

The fifth X user whose posts against Himanshi were also widely circulated was @ladynationalist, or Moana. This user, too, is aligned with Right Wing ideology, going by their X bio and often promotes Hindutva by targeting Muslims and minorities in their posts.

After Himanshi’s press statement on peace on May 1, this user posted her video along with a vulgar, sexual abuse, rubbishing her remarks. “behn ki l*di ke pati ko dharm puchhkar goli mari thi aur ye ab bhi secularism ka jhenda leke chal rhi” (Translation: “Her husband was asked his religion and shot dead but she is still waving the secularism flag”. (Archive)

Readers should note that this isn’t the first time @ladynationalist has targeted someone for expressing solidarity with Muslims. In May last year, after many civilians were killed in Israel’s bombing of Rafah in Palestine, this social media user similarly trolled and harassed many popular public figures who shared the viral graphic ‘All Eyes on Rafah’. This account also singled out Indian cricketer Mohammed Siraj, who shared the same graphic, for his religious identity.

X user @SonOfBharat7, whose posts amplifying communal misinformation have been documented by Alt News before, shared images of Himanshi Narwal and Aishanya Dwivedi side-by-side. Aishanya Dwivedi is the wife of late Shubham Dwivedi, another victim of the April 22 Pahalgam terror attack. (Archive)

The user suggested that while both the women were Hindu widows, the wife of Shubham Dwivedi was bare-necked and wore no lipstick, while Himanshi Narwal donned the ‘mangalsutra’. “Shubham’s wife is still screaming loudly that earlier she used to think everyone is one and the same, but now she knows that Muslims are only using Hindus as bait… But Vinay’s wife is suggesting to show love towards Muslims… In your opinion, who is right?” they wrote.

In a hurry to compare the grief of two women who suffered an immeasurable loss, the user even named the victim incorrectly.

A @RituRathaur posted on X that Himanshi was “protecting Jehadis” because she went to JNU, where she “befriended Kashmiri Muslims”. (Archive)

Her post had a screenshot of @PremPandey1011’s X post, where he claimed to know Himanshi, alongside an image from Himanshi’s Instagram feed, showing her with two friends — one of whom was Muslim.

How her grief was related to her past or present friendships with anyone belonging to the Muslim community was not clear.

A Complete Flip?

The extent to which many of these social media users flipped the narrative after Himanshi Narwal’s public statement did not fan anti-Muslim sentiments is interesting. Her appeal for peace seems to have deeply rattled many who felt she should have been angrier, hateful and going all out in her remarks to avenge the death of her husband.

We say this because the nature of the posts that the same users made on or after April 22, immediately after the attack when her image next to Vinay Narwal’s deceased body went viral, are quite different.

Moana (@ladynationalist) wrote: “She never thought she’d return home all by herself. 💔” (Archive)

Sharing visuals from Vinay Narwal’s last rites on April 23 @SonOfBharat7 said: “Your heart will ache at the sight of this — A soldier’s wife giving him his final salute with a tearful “Jai Hind” … Lieutenant Vinay Narwal of the Indian Navy was given a heartfelt farewell by his wife, her eyes filled with sorrow. It was only the fifth day of their marriage when Muslim terrorists wiped away her sindoor—after asking about his religion.” (Archive 1, 2)

Meanwhile, @RituRathaur wrote: “This picture of young Hindu daughter sitting next to the dead body of her husband should give sleep less nights to Hindus…” (Archive)

Click to view slideshow.

These are just a few examples. For many, on social media, the Pahalgam attack and Vinay Narwal’s killing were “proof” that terrorism and Islam were synonymous; Himanshi’s image was used to reinforce that. Emotions amid such a distressful event were running high, and loss was being weaponised. As a result, there was a massive surge in Islamophobic rhetoric, especially on social media. Her tragedy became the symbol for public outrage and revenge.

As soon as Himanshi, as a survivor, did not ride this bandwagon, she was othered, turned into an object of loathing; her loss trivialised.

However, after the launch of ‘Operation Sindoor’ on May 7, Himanshi’s images resurfaced online. Many used her photos to say that the strikes were named after wives like her. Notably, some of those sharing these posts had been among the ones trolling her just days earlier. (Archives 1, 2)

Sympathise First, Despise Later

Apart from Himanshi Narwal, Arathy R Menon, daughter of N Ramachandran — another victim of the terrorist attack — also faced abuse from social media users who flaunt the Indian flag or Hindutva ideology in their bios.

While recounting the horrors of the fateful day when she saw her father die in front of her eyes, Arathy added that in that moment of panic and helplessness, she found support from two Kashmiri men. She said, “My driver, Musafir and another man, Sameer — they became my brothers. They stood by me through everything, took me to the mortuary, helped with the formalities… I waited there till 3 am. They took care of me like a sister… I have two brothers in Kashmir now. May Allah protect you both.”

Like Himanshi, she also faced much backlash for this statement. Some social media users went as far as saying it was better to be childless than to have a daughter like her.

Below are a few more instances of hateful posts and comments directed against Himanshi and Arathy.

Click to view slideshow.

In another case of the pro-Right hate machinery at work, on May 11, India’s foreign secretary, Vikram Misri, had to make his X account private because social media trolls, unhappy with his announcement of a ceasefire between India and Pakistan, began targeting his daughter. Old photos and posts of hers were circulated with distasteful remarks, and she was doxxed, with her contact number leaked online.

Apart from these instances, history has enough examples of how women often become easy targets of public anger, more so when they don’t subscribe to the populist ideologies of the time.

In an interview with Haryana Tak on May 7, when asked about the trolling she faced online, Himanshi simply said, “See, I cannot change anyone’s mentality. I know what my intention was, and it was simply to stress that no innocent person should be wronged. There should not be any hatred…”

The flipping of a social media narrative, some might argue, may not be one to focus on, considering these are not necessarily reflective of ground realities. However, targeting those who are grieving, especially women, for upholding humanity over hate seems to indicate that we, as a country, might be headed for dark times.

The post From tragedy to trolling: Himanshi Narwal, widow of naval officer killed in Pahalgam, faces social media trial appeared first on Alt News.


This content originally appeared on Alt News and was authored by Oishani Bhattacharya.

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On Trump’s Arrest of a Milwaukee Trial Judge https://www.radiofree.org/2025/04/25/on-trumps-arrest-of-a-milwaukee-trial-judge/ https://www.radiofree.org/2025/04/25/on-trumps-arrest-of-a-milwaukee-trial-judge/#respond Fri, 25 Apr 2025 05:50:10 +0000 https://www.counterpunch.org/?p=361879 This morning, President Trump directed the FBI to arrest trial court judge Hannah Dugan in Milwaukee. She is being charged with obstructing law enforcement, a federal crime. Let’s be clear. Trump‘s arrest of Judge Dugan in Milwaukee has nothing to do with immigration. It has everything to do with his moving this country toward authoritarianism. More

The post On Trump’s Arrest of a Milwaukee Trial Judge appeared first on CounterPunch.org.

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Milwaukee trial court judge, Hannah Dugan.

This morning, President Trump directed the FBI to arrest trial court judge Hannah Dugan in Milwaukee. She is being charged with obstructing law enforcement, a federal crime.

Let’s be clear. Trump‘s arrest of Judge Dugan in Milwaukee has nothing to do with immigration. It has everything to do with his moving this country toward authoritarianism. He is illegally usurping Congressional powers. He is suing media that he dislikes. He is attacking universities whose policies he disagrees with. He is intimidating major law firms who have opposed him. He is ignoring a 9-0 Supreme Court decision to bring Kilmar Abrego Garcia back from El Salvador, where he was illegally sent. He is threatening to impeach judges who rule against him.

Trump’s latest attack on the judiciary and Judge Dugan is about one thing – unchecked power. He will attack and undermine any institution that stands in his way. Trump continues to demonstrate that he does not believe in the Constitution, the separation of powers, or the rule of law. He simply wants more and more power for himself. It is time for my colleagues in the Republican Party who believe in the Constitution to stand up to his growing authoritarianism.

The post On Trump’s Arrest of a Milwaukee Trial Judge appeared first on CounterPunch.org.


This content originally appeared on CounterPunch.org and was authored by Bernie Sanders.

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Trial of 5 journalists who covered Turkish protests set to open https://www.radiofree.org/2025/04/17/trial-of-5-journalists-who-covered-turkish-protests-set-to-open/ https://www.radiofree.org/2025/04/17/trial-of-5-journalists-who-covered-turkish-protests-set-to-open/#respond Thu, 17 Apr 2025 16:04:24 +0000 https://cpj.org/?p=472669 Istanbul, April 17, 2025—The Committee to Protect Journalists calls on Turkey to drop charges against five photojournalists, whose trial begins on Friday, for allegedly taking part in protests in Istanbul last month.

The journalists could be jailed for up to three years for violating the law on gatherings and demonstrations. In the indictment, reviewed by CPJ, prosecutors argue that the journalists were participating in an illegal meeting as protesters. Photographs in which their press credentials and cameras were not visible were submitted as evidence to support this charge.

“This trial has been invented as a scare tactic to intimidate and deter all journalists in Turkey from reporting from the field. Experienced journalists should not be forced to explain in court why they were photographing Turkey’s biggest protests in a decade, in its biggest city,” said Özgür Öğret, CPJ’s Turkey representative. “Authorities should drop the charges against the five photojournalists who already suffer enough in trying to capture images of historic events while repeatedly being beaten, tear gassed and shot with rubber bullets.”

On March 24, Istanbul police raided the homes of Agence France-Presse’s Yasin Akgül, local NOW Haber TV channel’s Ali Onur Tosun, and freelancers Bülent Kılıç, Zeynep Kuray, and Hayri Tunç, as well as two photographers employed by local municipalities, Kuruluş Arı and Gökhan Kam.

All seven were arrested and then released on March 27, pending their April 18 trial.

Unrest broke out on March 19 following the detention of Istanbul Mayor Ekrem İmamoğlu, who is seen as a potential challenger to President Recep Tayyip Erdoğan.

CPJ’s email to Istanbul’s chief prosecutor requesting comment did not receive a response.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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Trial of 5 journalists who covered Turkish protests set to open https://www.radiofree.org/2025/04/17/trial-of-5-journalists-who-covered-turkish-protests-set-to-open-2/ https://www.radiofree.org/2025/04/17/trial-of-5-journalists-who-covered-turkish-protests-set-to-open-2/#respond Thu, 17 Apr 2025 16:04:24 +0000 https://cpj.org/?p=472669 Istanbul, April 17, 2025—The Committee to Protect Journalists calls on Turkey to drop charges against five photojournalists, whose trial begins on Friday, for allegedly taking part in protests in Istanbul last month.

The journalists could be jailed for up to three years for violating the law on gatherings and demonstrations. In the indictment, reviewed by CPJ, prosecutors argue that the journalists were participating in an illegal meeting as protesters. Photographs in which their press credentials and cameras were not visible were submitted as evidence to support this charge.

“This trial has been invented as a scare tactic to intimidate and deter all journalists in Turkey from reporting from the field. Experienced journalists should not be forced to explain in court why they were photographing Turkey’s biggest protests in a decade, in its biggest city,” said Özgür Öğret, CPJ’s Turkey representative. “Authorities should drop the charges against the five photojournalists who already suffer enough in trying to capture images of historic events while repeatedly being beaten, tear gassed and shot with rubber bullets.”

On March 24, Istanbul police raided the homes of Agence France-Presse’s Yasin Akgül, local NOW Haber TV channel’s Ali Onur Tosun, and freelancers Bülent Kılıç, Zeynep Kuray, and Hayri Tunç, as well as two photographers employed by local municipalities, Kuruluş Arı and Gökhan Kam.

All seven were arrested and then released on March 27, pending their April 18 trial.

Unrest broke out on March 19 following the detention of Istanbul Mayor Ekrem İmamoğlu, who is seen as a potential challenger to President Recep Tayyip Erdoğan.

CPJ’s email to Istanbul’s chief prosecutor requesting comment did not receive a response.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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Reporter subpoenaed for trial testimony by California city https://www.radiofree.org/2025/04/16/reporter-subpoenaed-for-trial-testimony-by-california-city/ https://www.radiofree.org/2025/04/16/reporter-subpoenaed-for-trial-testimony-by-california-city/#respond Wed, 16 Apr 2025 12:46:11 +0000 https://pressfreedomtracker.us/all-incidents/reporter-subpoenaed-for-trial-testimony-by-california-city/

Fresno Bee reporter Thaddeus Miller was subpoenaed by prosecutors for the city of Fresno, California, on April 8, 2025, in connection with a criminal case. The subpoena was dropped as moot following the case’s dismissal on April 10.

The case involved Wickey Twohands, a 77-year-old homeless man who was arrested in October 2024 for alleged violations of the city’s controversial anti-camping law.

The ordinance — among the toughest in the state — went into effect in September 2024 and bans camping, sitting or lying on public property at any time. Twohands pleaded not guilty on Jan. 21, 2025, and his trial was postponed until April 10 so his attorney could file motions to dismiss the case.

Deputy City Attorney Daniel Cisneros subpoenaed Miller and a second reporter, Fresnoland’s Pablo Orihuela, ordering the journalists to appear to testify at the hearing, the Bee reported. Both Miller and Orihuela had previously interviewed Twohands and reported on the charges against him.

Miller told the U.S. Press Freedom Tracker that he had been out of the office each time they attempted to serve him from April 4 to 7, but the afternoon of April 8 they succeeded. He said the subpoena did not include any indication of what prosecutors intended to ask him, just a copy of his March article.

“The most frustrating part for me is it’s a good story, an interesting story, and now I can’t cover it,” Miller said. “It’s frustrating to try to be doing your job, where your whole job is being impartial and staying out of it, and then they try to pull you into it.”

The subpoenas to both Miller and Orihuela were rendered moot and functionally dropped after County Judge Brian Alvarez dismissed the case against Twohands on the grounds that the city violated his right to a speedy trial.

Following the dismissal, Fresno City Attorney Andrew Janz told a Bee editor that he had not reviewed or authorized the subpoenas and that they had not been issued according to protocol, noting that “any communication with media or journalists has to be run through the City Attorney.”

Janz told the Bee that the journalists were subpoenaed to confirm the validity of their reporting and what the defendant had told them during his interviews, and that in the future the city will first ask journalists to voluntarily testify about published information.

Miller said that Janz’s stance was concerning. “I kind of expected the city attorney to say that they had made a mistake and that we shouldn’t worry about it in the future, but that doesn’t seem to be the stance he’s taken,” Miller told the Tracker. “It’s worrisome that the city attorney’s office sounds like they want to be doing this more in the future.”

David Loy, legal director of the First Amendment Coalition, told the Bee that while the state’s shield law does not prohibit such subpoenas, the California Evidence Code establishes that news articles are self-authenticating.

“Whether they ask or send subpoenas, it’s immaterial,” Loy said. “It’s unnecessary, superfluous and compromises the independence and neutrality of the press. People aren’t going to be able to trust reporters if they see reporters on the stand testifying to the government.”


This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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Reporter called to testify by California city as part of criminal trial https://www.radiofree.org/2025/04/09/reporter-called-to-testify-by-california-city-as-part-of-criminal-trial/ https://www.radiofree.org/2025/04/09/reporter-called-to-testify-by-california-city-as-part-of-criminal-trial/#respond Wed, 09 Apr 2025 17:41:59 +0000 https://pressfreedomtracker.us/all-incidents/reporter-called-to-testify-by-california-city-as-part-of-criminal-trial/

Pablo Orihuela, a housing reporter for the nonprofit news outlet Fresnoland, was subpoenaed by prosecutors for the city of Fresno, California, on April 4, 2025, in connection with a pending criminal case.

The case involves Wickey Twohands, a 77-year-old homeless man who was arrested in October 2024 and may be the first to go to trial for alleged violations of the city’s controversial anti-camping law.

The ordinance — among the toughest in the state — went into effect in September 2024 and bans camping, sitting or lying on public property at any time. Twohands pleaded not guilty on Jan. 21, 2025.

Orihuela reported on the charges against Twohands in February after his trial was postponed so his attorney could file motions to dismiss the case. The parties are due back in court April 10 for a ruling on the motions and, if the case proceeds, the start of the jury trial.

Deputy City Attorney Daniel Cisneros ordered Orihuela to appear to testify at the hearing with less than a week’s notice, according to a copy of the subpoena reviewed by the U.S. Press Freedom Tracker.

The request did not provide any indication of what the journalist would be questioned about, and included only a copy of Orihuela’s February article obtained April 3, according to the header.

Orihuela declined to comment until after the hearing and Cisneros did not respond to a voicemail requesting comment.

David Loy, legal director for the First Amendment Coalition, wrote a letter on Orihuela’s behalf objecting to the subpoena the day it was issued.

“Even if the subpoena were timely and properly served, California’s reporter shield law absolutely protects Mr. Orihuela against a subpoena from the City compelling him to testify about any unpublished information,” Loy wrote. “Accordingly, the City should immediately cease attempting to subpoena Mr. Orihuela.”

Loy told the Tracker that the subpoena was improperly served, as it was sent via email to Orihuela and Fresnoland Executive Director and Managing Editor Danielle Bergstrom, and that without proper service a witness has no legal obligation to comply.

“It’s obviously highly significant for any reporter or newspaper or publication to get a subpoena, even by email,” Loy said. “One would hope that government lawyers would be better educated on reporter shield law.

“I’m going to assume best intentions, until proven otherwise: that this is some good-faith mistake and that hopefully — now that I’ve written to the city explaining the law — they have stopped trying to subpoena a reporter.”


This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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Russia Imprisoned Dozens Of Bucha Civilians Without Trial https://www.radiofree.org/2025/03/31/russia-imprisoned-dozens-of-bucha-civilians-without-trial/ https://www.radiofree.org/2025/03/31/russia-imprisoned-dozens-of-bucha-civilians-without-trial/#respond Mon, 31 Mar 2025 14:05:54 +0000 http://www.radiofree.org/?guid=e62567b3c9bbce94bd102ec998556dab
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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Boston TV station turns over interview recordings, notes ahead of murder trial https://www.radiofree.org/2025/03/28/boston-tv-station-turns-over-interview-recordings-notes-ahead-of-murder-trial/ https://www.radiofree.org/2025/03/28/boston-tv-station-turns-over-interview-recordings-notes-ahead-of-murder-trial/#respond Fri, 28 Mar 2025 17:13:58 +0000 https://pressfreedomtracker.us/all-incidents/boston-tv-station-turns-over-interview-recordings-notes-ahead-of-murder-trial/

Broadcast station WFXT, a Fox News affiliate in Boston, was subpoenaed by prosecutors on Feb. 7, 2025, for interview recordings and notes in connection with a murder trial in Dedham, Massachusetts.

A judge upheld the request later that month and the outlet turned over the materials in March, according to court records reviewed by the U.S. Press Freedom Tracker.

According to the prosecutors’ request, WFXT began advertising Feb. 6 about “the biggest interview of the year”: a sit-down with its reporter Ted Daniels and Karen Read, who stands accused of the murder of her boyfriend in a case that has captured national attention. The interview aired Feb. 9.

After the case against Read ended in a mistrial in July 2024, prosecutors issued multiple subpoenas to news outlets and journalists ahead of the April 2025 retrial. Massachusetts does not have a formally recognized reporter’s shield law protecting journalists from being forced to disclose newsgathering materials.

Prosecutors had succeeded in subpoenaing the broadcast station in 2024, with Superior Court Judge Beverly Cannone ordering WFXT to produce copies of all recordings and notes from interviews with Read’s parents and brother.

In their February 2025 request, prosecutors asked Cannone to order the production of all recordings and notes from interviews with Karen Read, including those that were never aired.

“The defendant has repeatedly used the media to promote her position,” prosecutors wrote. “The defendant and her counsel cannot avail themselves of a media strategy to publicize and promote the defendant’s varying claims to the public at large and the potential jury pool while simultaneously excising statements and admissions that may not be favorable to her cause.”

Cannone granted the request on Feb. 19, ordering WFXT to produce the materials by March 1. According to court filings, the station complied and turned over the files on March 3.

WFXT did not respond to requests for comment.


This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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New Yorker writer subpoenaed ahead of Massachusetts murder trial https://www.radiofree.org/2025/03/26/new-yorker-writer-subpoenaed-ahead-of-massachusetts-murder-trial/ https://www.radiofree.org/2025/03/26/new-yorker-writer-subpoenaed-ahead-of-massachusetts-murder-trial/#respond Wed, 26 Mar 2025 19:58:50 +0000 https://pressfreedomtracker.us/all-incidents/new-yorker-writer-subpoenaed-ahead-of-massachusetts-murder-trial/

New Yorker contributing writer Eren Orbey and the magazine’s publisher, Condé Nast, were subpoenaed on Dec. 18, 2024, for copies of on- and off-the-record interviews and communications in connection with a murder trial in Brockton, Massachusetts. The magazine has requested the order be struck down.

In 2023 and 2024, Orbey extensively interviewed Patrick Clancy, whose wife, Lindsay Clancy, stands charged for the murder of their three children in January 2023. Orbey also spoke with Patrick Clancy’s parents, sister and numerous family friends, ultimately authoring a lengthy October 2024 profile titled, “A husband in the aftermath of his wife’s unfathomable act.”

In December, prosecutors attempted to compel the disclosure of the journalist’s notes and recordings from all of the interviews he conducted for the piece, including those that were off the record. The Commonwealth also requested all emails, texts and voicemails between Orbey and the interviewees, according to court records reviewed by the U.S. Press Freedom Tracker.

“All of these individuals provided direct information to Orbey/Conde Nast related to how Lindsay’s demeanor, attitudes, and mental health appeared both before and after the murders,” Assistant District Attorney Jennifer Sprague wrote. “These statements and observations are directly relevant to the defendant’s criminal responsibility as the article itself was framed to portray the defendant as suffering a mental health crisis when she killed her children.”

Plymouth County Superior Court Judge William Sulivan granted the prosecution’s request on Feb. 7, 2025, and ordered Orbey or Condé Nast to provide the requested materials by March 14.

That day, Condé Nast instead filed a motion to quash the records request, arguing that not only does New York’s reporter shield law protect the magazine from disclosing newsgathering materials, but that the request itself is a clear “fishing expedition.”

“The New Yorker’s sympathies are not on trial here. In fact, even a cursory reading of the piece shows The New Yorker’s reporting is complex and nuanced, and is hardly ‘in support’ of the defense,” attorney Jonathan Albano wrote. “But even if it were, the notion that the government could seek presumptively privileged, unpublished information from any news outlet that expresses sympathy for a criminal defendant is chilling and directly contrary to the First Amendment.”

Albano also highlighted that while only some of the sources for the article were confidential, all of the sources Orbey spoke with were sensitive about speaking to the press, largely out of a concern for causing further emotional distress to distraught family members.

“The forced disclosure of confidential and unpublished journalistic work product not only would breach the trust of the sources here,” Albano wrote, “but also would significantly interfere with The New Yorker’s future reporting efforts by sending a signal to all sources that speaking to the magazine is the equivalent of speaking to the government, all to the detriment of the informing the public on matters of public concern.”

A hearing on Condé Nast’s motion is scheduled for May 28, according to the court docket.

In a statement shared with the Tracker, a New Yorker spokesperson said, “We’ve filed our opposition to this subpoena. These sorts of subpoenas that seek to turn independent journalists into tools of law enforcement violate basic First Amendment values.”


This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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CPJ, partners urge Philippine president to end Frenchie Mae Cumpio’s prolonged detention as trial enters key stage https://www.radiofree.org/2025/03/24/cpj-partners-urge-philippine-president-to-end-frenchie-mae-cumpios-prolonged-detention-as-trial-enters-key-stage/ https://www.radiofree.org/2025/03/24/cpj-partners-urge-philippine-president-to-end-frenchie-mae-cumpios-prolonged-detention-as-trial-enters-key-stage/#respond Mon, 24 Mar 2025 16:45:07 +0000 https://cpj.org/?p=465788 The Committee to Protect Journalists on Monday joined four press freedom organizations in urging Philippine President Ferdinand Marcos Jr. and its Department of Justice to end the detention of community journalist Frenchie Mae Cumpio, who has been behind bars for more than five years.

The groups said in a joint statement, led by CPJ, that the 26-year-old journalist’s case raises “serious concerns” over unjustifiably long pretrial detention and allegations that authorities had planted the weapons that led to Cumpio’s arrest in February 2020.

The journalist concluded her testimony on Monday at a local court, defending herself against charges of illegal firearms possession and terrorism financing, which she denies. If convicted, she faces up to 40 years in prison. 

No verdict date has been set while a trial continues for those co-accused with Cumpio. CPJ has been monitoring the journalist’s trial.

Read the full statement here.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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Detained Taiwanese publisher stood trial last month for ‘secession’ https://rfa.org/english/china/2025/03/17/china-taiwanese-editor-secession-trial/ https://rfa.org/english/china/2025/03/17/china-taiwanese-editor-secession-trial/#respond Mon, 17 Mar 2025 18:13:50 +0000 https://rfa.org/english/china/2025/03/17/china-taiwanese-editor-secession-trial/ A Taiwanese editor who published many books banned in China was tried last month in Shanghai on charges of “secession,” a government spokesperson said in comments widely reported by the island’s media.

Li Yanhe, more widely known by his pen-name Fucha, or Fuchsia, was detained some time in March 2023 after traveling to China to cancel his household registration as part of his naturalization as a citizen of democratic Taiwan.

Li, who is ethnically Manchu, founded the Eight Banners imprint under Taiwan’s Book Republic publishing group in 2009, using it to publish non-fiction works on China’s overseas infiltration and influence operations, the 1989 Tiananmen massacre, and other work critical of Beijing.

He is among hundreds of Taiwanese nationals to disappear in China over the past 10 years, rights groups told the United Nations in December.

“The Shanghai No. 1 Intermediate People’s Court held a public trial and issued a verdict in the first instance on Feb. 17, 2025,” Taiwan’s Central News Agency quoted a spokesperson for China’s Taiwan Affairs Office as saying.

No verdict has yet been issued, according to reports in the United Daily News and Central News Agency.

“The court tried the case strictly in accordance with the law and fully protected the various litigation rights enjoyed by Li Yanhe and his defense counsel in accordance with the law,” spokesperson Chen Binhua told Central News Agency.

Taiwan’s Mainland Affairs Council told the agency it was aware of all of the details of Li’s case, but wasn’t making them public in accordance with his family’s wishes.

Taiwanese publisher Li Yanhe, better known by his pen-name Fucha, left, in an undated photo, left.
Taiwanese publisher Li Yanhe, better known by his pen-name Fucha, left, in an undated photo, left.
(Eight Banners Publishing House via Facebook)

“The fundamental purpose of the Chinese Communist Party’s detention of Fu Cha is to create a chilling effect in Taiwan’s cultural and academic circles,” the Council was quoted as saying. “This case clearly shows the authoritarian nature of Chinese Communist Party rule.”

It said the case had once more demonstrated that Taiwanese nationals should be aware of the risks associated with travel to China.

Public trials are ‘meaningless’

Taiwanese rights activist and NGO worker Lee Ming-cheh, who served a five-year prison sentence in China after disappearing on a visit there himself, dismissed the claim that Li had had a “public trial.”

“Public trials in China are meaningless,” Lee told RFA Mandarin on March 17. “Who was it open to?”

“China did not proactively inform the outside world of Fu Cha’s verdict,” he said. “Today, it responded passively responding to a question about an allegedly secret trial.”

According to Lee, the charge of secession can be laid against anyone who doesn’t support Beijing’s territorial claim on the island.

“Anyone who doesn’t support their one country, two systems idea is basically an independence activist in the view of the Chinese government,” Lee said, adding that Li could wind up making a forced public statement in future.

Taiwan was ruled as a Japanese colony in the 50 years prior to the end of World War II, but was handed back to the 1911 Republic of China under the Kuomintang, or KMT, government as part of Tokyo’s post-war reparation deal.

The KMT made its capital there after losing a civil war to Mao Zedong’s communists that led to the founding of the People’s Republic of China.

While the Chinese Communist Party claims Taiwan as an “inalienable” part of its territory, Taiwan has never been ruled by the current regime in Beijing, nor has it ever formed part of the People’s Republic of China.

Zeng Jianyuan, chairman of the overseas-based New School for Democracy, said the authorities have yet to make the verdict public.

“This case is attracting international attention, yet the media and human rights groups following the case have no way of finding out what the verdict was,” Zeng said. “The Taiwan Affairs Office is simply talking nonsense.”

According to Article 103, Section 2 of China’s Criminal Law, those who “incite secession and undermine national unity” can receive jail terms of “no less than five years” if their case is deemed serious.

There are also concerns that China will treat Li as a Chinese national and refuse to allow him to return home to Taiwan after his sentence has been served, Lee said.

Viewed as a ‘traitor’

Li had intended to renounce his Chinese household registration on his trip as part of his naturalization process as a citizen of Taiwan, but had been detained before he could get to it, he said.

“If the Chinese government treats him as a Chinese national, then he won’t be allowed back to Taiwan when his sentence is complete,” Lee said.

Zeng said Beijing regards Li as a “traitor” because he retains his Chinese nationality and his membership of the ruling Chinese Communist Party.

“That’s why the Chinese Communist Party wants to punish him severely,” Zeng said.

Li was born in the northeastern Chinese province of Liaoning to a Manchu family, and joined the Chinese Communist Party after graduating from university, before rising to become vice president of the Shanghai Literature & Art Publishing House.

He married a Taiwanese woman in 1996, and settled in Taiwan in 2009. His last Facebook post was made on March 12, 2023.

The Republic of China has remained a sovereign and independent state since 1911, now ruling just four islands: Taiwan, Penghu, Kinmen and Matsu.

The island began a transition to democracy following the death of KMT leader Chiang Kai-shek’s son, President Chiang Ching-kuo, in January 1988, starting with direct elections to the legislature in the early 1990s and culminating in the first direct election of a president, Lee Teng-hui, in 1996.

Translated by Luisetta Mudie. Edited by Malcolm Foster


This content originally appeared on Radio Free Asia and was authored by Huang Chun-mei for RFA Mandarin, RFA Cantonese.

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Tibetan relics ‘repatriated’ to China, Philippines’ Duterte trial | RFA Insider 28 https://www.radiofree.org/2025/03/14/tibetan-relics-repatriated-to-china-philippines-duterte-trial-rfa-insider-28-2/ https://www.radiofree.org/2025/03/14/tibetan-relics-repatriated-to-china-philippines-duterte-trial-rfa-insider-28-2/#respond Fri, 14 Mar 2025 18:34:46 +0000 http://www.radiofree.org/?guid=e9ddd52376aaae76bea3b5715d471a02
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Tibetan relics ‘repatriated’ to China, Philippines’ Duterte trial | RFA Insider 28 https://rfa.org/english/rfainsider/2025/03/14/rfa-insider-28-tibet-artifacts-returned-to-china-phillipines-duterte-icc/ https://rfa.org/english/rfainsider/2025/03/14/rfa-insider-28-tibet-artifacts-returned-to-china-phillipines-duterte-icc/#respond Fri, 14 Mar 2025 18:07:51 +0000 https://rfa.org/english/rfainsider/2025/03/14/rfa-insider-28-tibet-artifacts-returned-to-china-phillipines-duterte-icc/ This week, RFA Insider takes a closer look at cases of illegally exported artifacts and international arrests.

Off Beat

This March, the Manhattan district attorney’s anti-trafficking unit handed over 41 “illegally exported” cultural artifacts to China. However, the handover was not a happy occasion for Tibetan scholars – they’re concerned that the artifacts, which include Tibetan Buddhist relics, will be used by China to promote its historical claims to Tibet.

This isn’t the first time the cataloguing of Tibetan artifacts has stirred controversy. Over the past year, Tibetan diaspora communities have called out the British Museum, the Musée du Quai Branly-Jacques Chirac and the Musée Guimet for labeling artifacts and exhibitions in a way they say prioritizes Beijing’s wishes over Tibetan history.

This 18th-century Tibetan Buddhist bronze statue of Guru Padmasambhava was among the 38 artifacts handed over by the Manhattan District Attorney’s Anti-Trafficking Unit to China in April 2024.
This 18th-century Tibetan Buddhist bronze statue of Guru Padmasambhava was among the 38 artifacts handed over by the Manhattan District Attorney’s Anti-Trafficking Unit to China in April 2024.
(Xinhua)

Tibetan Service director Tenzin Pema returns to RFA Insider to offer more insight into how these relics ended up in the U.S., why Tibetan advocates are concerned about their handover to China and where the Tibetan diaspora community would rather these artifacts be sent to.

Double Off Beat

Former Philippine president Rodrigo Duterte was arrested at Manila Airport on Tuesday, a development that surprised his staunch supporters as well as families impacted by his drug crackdown who never expected justice. Anthony Esguerra from BenarNews, RFA’s sister organization reporting on security, politics and human rights in South and Southeast Asia, explains how Duterte’s war on illegal drugs enabled the murders of thousands – while the Philippine government reports that 6,252 suspects were killed during Duterte’s presidency, rights groups estimate the number to be as high as 20,000.

Former Philippine President Rodrigo Duterte gestures while testifying at a Senate hearing on his administration’s drug war, in Manila, Oct. 28, 2024.
Former Philippine President Rodrigo Duterte gestures while testifying at a Senate hearing on his administration’s drug war, in Manila, Oct. 28, 2024.
(Gerard Carreon/BenarNews)

Despite this bloodshed, how has Duterte amassed so many supporters in the Philippines? How has the current president, Ferdinand Marcos Jr., handled the International Criminal Court’s investigation and arrest of Duterte? And what’s next for Duterte, who awaits arraignment in The Netherlands? Tune in to hear the answers from Anthony on this episode of RFA Insider.

BACK TO MAIN


This content originally appeared on Radio Free Asia and was authored by Amy Lee for RFA Insider.

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2 Cambodian generals set for trial in France for alleged role in 1997 attack https://rfa.org/english/cambodia/2025/03/12/cambodia-hun-sen-bodyguard-grenade-attack/ https://rfa.org/english/cambodia/2025/03/12/cambodia-hun-sen-bodyguard-grenade-attack/#respond Wed, 12 Mar 2025 18:27:45 +0000 https://rfa.org/english/cambodia/2025/03/12/cambodia-hun-sen-bodyguard-grenade-attack/ Two Cambodian generals accused of planning a deadly grenade attack on a demonstration in 1997 are scheduled to go on trial in Paris next week –- the first time a judicial body has sought to determine accountability for the notorious incident.

A French judge will interview witnesses in the case against Hing Bun Hieng and Huy Piseth from March 19-21, exiled opposition leader Sam Rainsy said on Facebook on March 8.

Blasts from four grenades that went off in a park on March 30, 1997, where protesters had gathered killed 16 people and injured 150 others, blowing off the limbs of some. Sam Rainsy, the leader of the rally, is thought to have been the target of the attack but was uninjured.

Hing Bun Hieng was the commander of then-Prime Minister Hun Sen’s bodyguard unit, while Huy Piseth was the commander of the army’s Brigade 70, which is responsible for capturing or killing high-value targets.

An FBI report indicated that Cambodian authorities possessed prior knowledge of the attack and that there was a possibility the attackers colluded with the bodyguard unit.

Sam Rainsy is carried to safety after a grenade attack on a group of demonstrators outside the National Assembly building in Phnom Penh, March 30, 1997.
Sam Rainsy is carried to safety after a grenade attack on a group of demonstrators outside the National Assembly building in Phnom Penh, March 30, 1997.
(AFP)

Former opposition party lawmaker Men Sothavarin told Radio Free Asia on Monday that the French judge has summoned victims and witnesses, as well as Hing Bunhieng and Huy Piseth, to appear before the court.

“If they do not come, the court will try them in absentia,” he said of the two commanders.

No one was arrested

On the day of the attack, protesters had gathered in a Phnom Penh park across the street from Cambodia’s National Assembly to denounce the judiciary’s corruption and lack of independence.

According to eyewitness accounts, the people who threw the grenades ran toward Hun Sen’s riot gear-clad bodyguards, who allowed them to escape.

Because American citizen Ron Abney was among those seriously injured, the FBI sent investigators to Cambodia in the weeks after the attack. The bureau’s report was declassified in 2009.

But no one has ever been arrested for the attack, despite the large toll of death and dismemberment.

However, warrants for the arrests of Huy Piseth and Hing Bun Hieng were issued in 2021 by Judge Sabine Khéris, the deputy chief of investigation at the Paris Court of Justice.

The warrants were issued following a complaint by Sam Rainsy and his wife, Tioulong Saumura, who live in exile in France.

The court at first also summoned then-Prime Minister Hun Sen, but the French government later blocked the warrant, citing French law that gives immunity to heads of government.

‘Bodies all over the place’

Brad Adams, a former U.N. human rights worker, told RFA that he will give testimony at the court next week. In an interview, he recalled arriving at the park about 10 minutes after the blasts.

“There were bodies all over the place,” he said. “It is one of the worst things I have seen in my entire life.”

He described a scene in which soldiers actively interfered with efforts to help the wounded. When the police arrived a short time later, they just stood around.

“The only assistance came from civilians,” he said.

Hing Bun Hieng is now deputy commander of the Royal Cambodian Armed Forces and also serves as the commander of Hun Sen’s family bodyguard unit.

Huy Piseth is currently a secretary of state at the Ministry of National Defense and deputy chief of staff to Prime Minister Hun Manet, Hun Sen’s son.

Hing Bun Hieng told RFA on Monday that he will not appear before the court or send a lawyer in his place. The case only arose because of Sam Rainsy’s emotional and unsubstantiated accusations, he said.

“He has accused me for more than 30 years, but there has never been any proper evidence,” he said. “Are there any photos showing me ordering the tossing of the grenades?”

He also denied any role in the attack during a 2022 interview with RFA in which he dared anyone to present evidence to the contrary.

“I already clarified this [with the FBI]. I wasn’t involved,” he said. “I don’t know anything.”

Hing Bun Heang was sanctioned by the U.S. government in June 2018 over his unit’s alleged role in the attack, as well as several other assaults on unarmed Cambodians.

Huy Piseth didn’t immediately respond to RFA’s attempt for comment this week. He has previously acknowledged to the FBI that he ordered the deployment of the 70th Brigade to the park on the day of the attack.

Translated by Sum Sok Ry. Edited by Matt Reed and Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by RFA Khmer.

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First Russian Soldier On Trial For Executing Ukrainian POW | RFE/RL Exclusive https://www.radiofree.org/2025/03/10/first-russian-soldier-on-trial-for-executing-ukrainian-pow-rfe-rl-exclusive/ https://www.radiofree.org/2025/03/10/first-russian-soldier-on-trial-for-executing-ukrainian-pow-rfe-rl-exclusive/#respond Mon, 10 Mar 2025 08:00:07 +0000 http://www.radiofree.org/?guid=a3cccde7095b9b23534a61156f37f7e4
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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Whistleblowing citizen journalist Zhang Zhan ‘to stand trial again soon’ https://rfa.org/english/china/2025/03/05/china-citizen-journalist-wuhan-pandemic-whistleblower-zhang-zhan-trial/ https://rfa.org/english/china/2025/03/05/china-citizen-journalist-wuhan-pandemic-whistleblower-zhang-zhan-trial/#respond Wed, 05 Mar 2025 17:17:56 +0000 https://rfa.org/english/china/2025/03/05/china-citizen-journalist-wuhan-pandemic-whistleblower-zhang-zhan-trial/ COVID-19 whistleblowing citizen journalist Zhang Zhan will soon undergo a second trial in Shanghai on public order charges amid reports she is once more refusing food in detention, people familiar with the case told RFA Mandarin.

Zhang, 40, was one of a group of citizen journalists detained, jailed or “disappeared” after they went to the central city of Wuhan to report on the emerging COVID-19 pandemic.

In December 2020, she wasfound guilty of “picking quarrels and stirring up trouble” -- a vague charge frequently used to target peaceful critics of the ruling Communist Party -- and sentenced to four years' imprisonment.

Last June, she was released from that sentence, during which she repeatedly refused food, but then was re-detained in September 2024.

Now, she faces new charges -- also of “picking quarrels and stirring up trouble” -- and will likely stand trial at the Pudong New Area People’s Court in Shanghai very soon, a person familiar with the case told Radio Free Asia.

Support for pro-democracy activist

The Weiquanwang rights website reported Jan. 25 [in Chinese] that the new charges are likely linked to a trip Zhang made to the western province of Gansu after her release to help detained pro-democracy activist Zhang Pancheng.

Prosecutors are now seeking a prison sentence of 4-5 years.

“She’s probably going to be tried again soon, and I think she’ll get four years,” said the person, who gave only the surname Song for fear of reprisals.

Police attempt to stop journalists from recording footage outside the Shanghai Pudong New District People's Court, where Chinese citizen journalist Zhang Zhan is set for trial in Shanghai, Dec. 28, 2020.
Police attempt to stop journalists from recording footage outside the Shanghai Pudong New District People's Court, where Chinese citizen journalist Zhang Zhan is set for trial in Shanghai, Dec. 28, 2020.
(Leo Ramirez/AFP)

“She was brought back [to Shanghai] because she went to Zhangye, Gansu province, to see a fellow activist who had spoken up for her,” Song said.

Shanxi-based rights lawyer Zhang Xian said Zhang could get a sentence of five years or more, however.

“Four years is unlikely -- it’s likely she will be sentenced to five years or more, because she was sentenced to four years in prison the first time, and the court’s sentencing will be based on her past criminal record,” Zhang Xian said. “The authorities' policy is that ... it should be heavier than the previous sentence.”

A person familiar with the case also told Radio Free Asia that the prosecution had carried out a psychiatric evaluation and psychological assessment of Zhang and concluded that her mental state was judged to be “normal.”

RELATED STORIES

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After years of hunger strikes, jailed Chinese citizen journalist is in hospital

Legal expert Lu Chenyuan said Zhang is highly likely to get a harsher sentence this time around, and that the psychiatric assessment makes her more likely to get a harsher term.

“Conducting a psychiatric assessment of Zhang Zhan is a way of stigmatizing her and ... damaging her image,” Lu said. “They will punish Zhang Zhan more severely as a repeat offender.”

Lu said that Zhang has been allowed to meet with her Shanghai-based lawyer, but the lawyer has been warned off making any public statements about the case.

“The lawyer who represents Zhang Zhan is under pressure from the authorities, and doesn’t dare talk about the details of the case,” he said.

Repeated calls to Zhang’s family, the Pudong New Area Detention Center and the District Court rang unanswered during office hours on Monday.

Refusing food

The Weiquanwang rights website reported on Jan. 25 that Zhang is once more refusing food in detention, and has been force-fed by staff.

“The process of force-feeding and the deprivation of adequate medical care constitute cruel and inhumane treatment in violation of the Convention against Torture, which China ratified a long time ago,” the group said in a statement on its website.

“We urge the Pudong Detention Center to stop force-feeding immediately.”

Translated by Luisetta Mudie. Edited by Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by Qian Lang for RFA Mandarin.

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Greenpeace on Trial: Lawsuit over Standing Rock Protests Could Shutter Group & Chill Free Speech https://www.radiofree.org/2025/03/04/greenpeace-on-trial-lawsuit-over-standing-rock-protests-could-shutter-group-chill-free-speech/ https://www.radiofree.org/2025/03/04/greenpeace-on-trial-lawsuit-over-standing-rock-protests-could-shutter-group-chill-free-speech/#respond Tue, 04 Mar 2025 15:39:31 +0000 http://www.radiofree.org/?guid=66cff5f15de7055822d17444d559b212
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Greenpeace on Trial: $300M Lawsuit over Standing Rock Protests Could Shutter Group & Chill Free Speech https://www.radiofree.org/2025/03/04/greenpeace-on-trial-300m-lawsuit-over-standing-rock-protests-could-shutter-group-chill-free-speech/ https://www.radiofree.org/2025/03/04/greenpeace-on-trial-300m-lawsuit-over-standing-rock-protests-could-shutter-group-chill-free-speech/#respond Tue, 04 Mar 2025 13:12:44 +0000 http://www.radiofree.org/?guid=a117d2e70273df0eecb0fc800f4ae518 Seg1 greenpeace lawsuit

A closely watched civil trial that began in North Dakota last week could bankrupt Greenpeace and chill environmental activism as the climate crisis continues to deepen. The multimillion-dollar lawsuit by Energy Transfer, the oil corporation behind the Dakota Access Pipeline, claims Greenpeace organized the mass protests and encampment at Standing Rock between 2016 and 2017 aimed at stopping construction of the project. Although the uprising at Standing Rock was led by Indigenous water defenders, Energy Transfer is instead going after Greenpeace for $300 million in damages — an amount that could effectively shutter the group’s U.S. operations. “This case is not just an obvious and blatant erasure of Indigenous leadership, of Indigenous resistance,” says Deepa Padmanabha, a senior legal adviser for Greenpeace USA. “It is an attack on the broader movement and all of our First Amendment rights to free speech and peaceful protest.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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In Turkey, 5 Halk TV journalists face trial for influencing judiciary with broadcast https://www.radiofree.org/2025/03/03/in-turkey-5-halk-tv-journalists-face-trial-for-influencing-judiciary-with-broadcast/ https://www.radiofree.org/2025/03/03/in-turkey-5-halk-tv-journalists-face-trial-for-influencing-judiciary-with-broadcast/#respond Mon, 03 Mar 2025 19:47:25 +0000 https://cpj.org/?p=461405 Istanbul, March 3, 2025— Turkish authorities should free Halk TV editor-in-chief Suat Toktaş and drop the charges against him and four colleagues, whose trial is due to open on March 4, the Committee to Protect Journalists said Monday.

An Istanbul court arrested Toktas on January 26 after pro-opposition Halk TV broadcast a conversation between its journalist Barış Pehlivan and an expert financial witness. The court said Halk TV had secretly recorded the two men’s telephone conversation and it had publicly named the witness to put pressure on him. Four other Halk TV staff were placed under judicial control and banned from foreign travel.

“Suat Toktaş and his four Halk TV colleagues must not be jailed for airing an interview that the government disagreed with. The public deserve to hear all sides of this story, which is of national importance and involves a top Turkish politician,” said Özgür Öğret, CPJ’s Turkey representative. “Authorities should immediately halt their prosecution of Halk TV and instead take a positive step towards improving Turkey’s dismal press freedom record.”

Pehlivan’s interview took place after Istanbul’s opposition Mayor Ekrem İmamoğlu hosted a news conference where he named the witness, who he alleged had filed biased reports in numerous politically motivated lawsuits against opposition-controlled municipalities. The witness told Pehlivan that the mayor’s allegations were false.

The interview was aired on a program hosted by Seda Selek, with Serhan Asker as director and Kürşad Oğuz as program coordinator.

All five journalists were charged with violating the privacy of communication through the press and influencing those performing judicial duties, a crime for which the prosecution has requested up to nine years in prison. Pehlivan and Oğuz face an additional charge of recording non-public conversations between individuals and could be jailed for up to 14 years, according to the indictment, reviewed by CPJ.

CPJ’s email to Istanbul’s chief prosecutor requesting comment did not receive a response.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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Belarusian journalist Palina Pitkevich’s extremism trial set to open https://www.radiofree.org/2025/02/27/belarusian-journalist-palina-pitkevichs-extremism-trial-set-to-open/ https://www.radiofree.org/2025/02/27/belarusian-journalist-palina-pitkevichs-extremism-trial-set-to-open/#respond Thu, 27 Feb 2025 13:55:14 +0000 https://cpj.org/?p=455940 New York, February 27, 2025— Belarusian authorities should immediately release Belarusian journalist Palina Pitkevich, whose trial on charges of participating in an extremist organization is set to start on March 7, and stop jailing the press for their work, the Committee to Protect Journalists said Thursday.

“Palina Pitkevich’s detention is yet another grim reminder that President Aleksandr Lukashenko’s government is the worst jailer of journalists in Europe and Central Asia,” said CPJ’s program director, Carlos Martínez de la Serna, in New York. “Belarusian authorities must drop all charges against Pitkevich and repeal the country’s extremism legislation instead of using it to silence dissent.”

Pitkevich was arrested in June, shortly after authorities designated the Press Club Belarus’ media literacy project Media IQ as an extremist group and listed her among its members, a representative of the Belarusian Association of Journalists (BAJ), an exiled advocacy and trade group, told CPJ on condition of anonymity, citing fear of reprisal.

If found guilty, she could be jailed for up to six years, according to the Criminal Code, which was amended to comply with a package of extremism legislation in 2021. Since then, the law to combat extremism has been used to ban more than 35 media outlets, according to BAJ.

CPJ is also investigating the case of freelance journalist Aleh Supruniuk, who has been missing since late January, and the detention of seven former journalists with the shuttered independent outlet Intex-Press, including reporter Ruslan Raviaka, on extremism charges in late 2024.

The BAJ representative confirmed to CPJ that Supruniuk was in detention. In 2021, Supruniuk was also briefly detained and his home was searched.

Belarus is the world’s fourth-worst jailer of journalists, with at least 31 journalists behind bars, on December 1, 2024, when CPJ conducted its most recent annual prison census. Pitkevich was not included at the time due to a lack of publicly available information on her detention.

CPJ emailed the Belarusian Investigative Committee, the country’s law enforcement agency, for comment but did not receive any response.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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Journalist ordered to turn over notes, communications around murder trial https://www.radiofree.org/2025/02/24/journalist-ordered-to-turn-over-notes-communications-around-murder-trial/ https://www.radiofree.org/2025/02/24/journalist-ordered-to-turn-over-notes-communications-around-murder-trial/#respond Mon, 24 Feb 2025 16:30:40 +0000 https://pressfreedomtracker.us/all-incidents/journalist-ordered-to-turn-over-notes-communications-around-murder-trial/

Boston magazine contributing editor Gretchen Voss was subpoenaed on Nov. 21, 2024, for confidential newsgathering materials in connection with a murder trial in Dedham, Massachusetts. After initially upholding the motion in December, the judge partially reversed the order almost two months later.

In June and July 2023, Voss interviewed Karen Read, who stands accused of the murder of her boyfriend in a case that has captured national attention.

Prosecutors first attempted in January 2024 to compel the disclosure of the journalist’s notes and recordings of the interviews. Massachusetts does not have a formally recognized reporter’s shield law protecting journalists from being forced to disclose newsgathering materials.

Superior Court Judge Beverly Cannone denied the prosecutor’s request for the off-the-record portions of the interviews and notes handwritten by Voss, but ordered her to produce copies of Read’s recorded on-the-record comments. Voss provided the redacted recordings.

The case against Read ended in a mistrial in July and was scheduled for a retrial in early 2025.

The state renewed its request for the notes and unredacted interview recordings in November 2024, ahead of the second trial. Prosecutors also requested copies of any texts, emails or voicemail communications Voss had with Read.

“The defendant made a tactical decision to be interviewed. There is no legal justification enabling a defendant to pick and choose what statements can and should be disseminated to the public,” the motion said. “The ‘off the record’ promise has no legal import, and this Commonwealth does not recognize the private agreement between the defendant and the news sources.”

Cannone granted the government’s request on Dec. 5 and ordered Voss to produce the documents by Jan. 2, 2025. Voss filed a motion for reconsideration regarding her notes, writing in an affidavit that forcing her to turn them over would jeopardize her credibility with sources in the future and her ability to work as an investigative journalist.

“Obtaining information from sources ‘off the record’ is a normal—and critical—part of my work,” Voss wrote. “Keeping my word on this is critical to maintaining credibility and trust, and thus maintaining source relationships while not intervening with the flow of important information to the public.”

Robert Bertsche, an attorney representing Voss and Boston magazine, argued in the motion that courts have cautioned against making journalists “discovery agents for the government.”

“What is the Commonwealth seeking now from the taped interviews? Exactly what it forswore earlier: the statements made by Karen Read’s attorneys during those interviews,” Bertsche wrote. “The Commonwealth is commandeering a journalist merely in the hopes that the journalist’s records will prove useful to its case.”

Cannone ordered Voss to provide the notes for “in camera review” — where the judge privately views disputed materials to determine relevance — by Jan. 13, and Voss complied.

During a Jan. 31 hearing, Cannone partially reversed her decision and ruled that Voss would not be compelled to turn over her off-the-record notes, the Boston Herald reported. “Voss has articulated a compelling argument that requiring disclosure of the notes poses a greater risk to the free flow of information than the other materials produced,” Cannone wrote.

The judge ruled, however, that the unredacted copies of her on-the-record interviews with Read — which had excluded off-the-record comments from both Read and her attorneys — must be turned over to prosecutors.

Neither Voss nor Bertsche responded to requests for comment.


This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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Minnesota Lawsuit Against Big Oil Moves Closer to Trial https://www.radiofree.org/2025/02/18/minnesota-lawsuit-against-big-oil-moves-closer-to-trial/ https://www.radiofree.org/2025/02/18/minnesota-lawsuit-against-big-oil-moves-closer-to-trial/#respond Tue, 18 Feb 2025 22:21:52 +0000 https://www.commondreams.org/newswire/minnesota-lawsuit-against-big-oil-moves-closer-to-trial In another win for communities fighting for climate accountability, a Minnesota judge last week ruled that the state’s lawsuit aiming to hold ExxonMobil, the American Petroleum Institute, and Koch Industries accountable for their decades of climate lies can continue toward trial, despite defendants’ efforts to get the case dismissed.

The state’s lawsuit, filed by Attorney General Keith Ellison in 2020, charges three major architects of climate denial with running a “campaign of deception” to mislead consumers about the science of climate change and failing to disclose their knowledge of the climate harms of their fossil fuel products.

The latest ruling aligns with rulings in similar cases in Honolulu, Boulder, Vermont, and Massachusetts, all of which are moving closer to trial despite the oil industry’s efforts to derail the cases.

Alyssa Johl, vice president and general counsel of the Center for Climate Integrity, released the following statement:

“This ruling is an important step forward in Minnesota’s efforts to hold ExxonMobil, Koch Industries, and the American Petroleum Institute accountable for their climate lies. The judge made clear that the state's lawsuit is about accountability for the companies’ deception and failure to warn Minnesotans about the harms of their products for decades, and not an attempt to regulate interstate emissions. Given that these companies’ lies and deception have fueled the climate crisis the state is facing today, the people of Minnesota deserve their day in court.”

Background on U.S. Climate Accountability Lawsuits Against Big Oil:

Eleven attorneys general — in California, Connecticut, Delaware, Maine, Massachusetts, Minnesota, New Jersey, Rhode Island, Vermont, the District of Columbia, and Puerto Rico — and dozens of city, county, and tribal governments in California, Colorado, Hawai`i, Illinois, Maryland, New Jersey, New York, Oregon, Pennsylvania, South Carolina, Washington, and Puerto Rico, have filed lawsuits to hold major oil and gas companies accountable for deceiving the public about their products’ role in climate change. These cases collectively represent more than 1 in 4 people living in the United States. Last year the attorney general of Michigan announced plans to take fossil fuel companies to court.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Alaska Judge Vows to Reduce Trial Delays: “We Must, and We Will, Improve” https://www.radiofree.org/2025/02/14/alaska-judge-vows-to-reduce-trial-delays-we-must-and-we-will-improve/ https://www.radiofree.org/2025/02/14/alaska-judge-vows-to-reduce-trial-delays-we-must-and-we-will-improve/#respond Fri, 14 Feb 2025 21:30:00 +0000 https://www.propublica.org/article/alaska-judge-vows-to-curb-pretrial-delays by Kyle Hopkins, Anchorage Daily News

This article was produced for ProPublica’s Local Reporting Network in partnership with the Anchorage Daily News. Sign up for Dispatches to get stories like this one as soon as they are published.

The chief justice of the Alaska Supreme Court told state lawmakers this week that the court system is taking steps to reduce the amount of time it takes criminal cases to reach trial, a problem highlighted by a recent ProPublica and Anchorage Daily News investigation.

In an annual State of the Judiciary speech to legislators Wednesday at the Capitol in Juneau, Chief Justice Susan M. Carney said the court system has increased training for judges, created new policies on postponements and authorized overtime pay. She noted that the court system’s mission includes deciding cases “expeditiously and with integrity.”

“You are probably aware that we are not meeting expectations — our own or Alaskans’ — about the expeditious part of that mission,” Carney said.

Noting “recent media accounts” of extreme delays, Carney said the state is gaining ground and that resolving the problem is “our No. 1 priority.”

“We must, and we will, improve how we handle criminal cases to prevent that kind of delay,” Carney said.

The Daily News and ProPublica reported in January that the most serious felony cases in Alaska can take five, seven or even 10 years to reach trial as judges approve dozens of delays. These delays might be requested because defense attorneys are waiting for prosecutors to share evidence or because attorneys have high caseloads to juggle, or even as a tactic to weaken the prosecution’s case with the passage of time.

The category of cases that ProPublica and the Daily News examined, the most serious felonies such as murders and violent sexual assaults, took the judicial system a median of three years to complete in 2023, a threefold increase from 2013.

The newsrooms identified one case that judges described as one of the most “horrendous” sexual assaults they had ever seen and that has been delayed at least 74 times over the course of 10 years.

The Alaska judicial system and lawmakers were aware of serious pretrial delays long before COVID-19 disrupted the courts, particularly in Anchorage. In 2009, a report by the National Center for State Courts noted that the time to resolve felony criminal cases in Anchorage had increased nearly 400% over the prior decade.

While acknowledging the long delays described in news reports and their impact on victims and defendants in major felonies, Carney told legislators that less serious criminal cases — which are most cases in the system — do not take as long to resolve.

“I do this not to justify those extraordinarily delayed cases, but I do want to provide a bigger picture,” said Carney, a Fairbanks judge who was appointed to the Supreme Court in 2016 and became the chief justice this year.

The median time to close misdemeanor cases is six months or shorter, Carney said. Less serious felony cases such as vehicle theft and certain assault charges are resolved within a median of six months, she said. Class A felonies, which include some sexual assaults, manslaughter and some drug charges, take a median of 13 months.

Carney also noted that only about 3% of criminal cases go to trial. Many are resolved when the defendant agrees to plead guilty to reduced charges, rather than take the chance of being found guilty by a jury, or when prosecutors drop the charges.

Carney told legislators that judges have created new limits on the number of times a case can be delayed and on the duration of the delays, and that judges devoted one-third of their annual conference to training on how to reduce the number of pending cases.

More cases are now being closed than are being opened, and the number of open cases last month was down by one-third from a year before, Carney said, bringing the number of open criminal cases to its lowest since 2018.

“So we are making progress,” said Carney, who spent nearly three decades as a lawyer for the Alaska Public Defender Agency and Office of Public Advocacy.

She did not provide caseload figures specifically for unclassified felonies, the category of serious crimes that ProPublica and the Daily News focused on.

Alaska’s sluggish justice system has created palpable impacts on crime victims, defendants and the community.

A Daily News and ProPublica report in October found the city of Anchorage dismissed hundreds of criminal cases in 2024 because it didn’t have enough prosecutors to meet speedy trial deadlines. Dismissed cases included charges of domestic violence assault and child abuse.

State prosecutors have responded to that investigation by offering added staff to help the city keep cases moving.


This content originally appeared on ProPublica and was authored by by Kyle Hopkins, Anchorage Daily News.

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Vietnam asks Y Quynh Bdap’s family to urge his surrender ahead of appeal trial https://rfa.org/english/vietnam/2025/01/10/vietnam-thailand-y-quynh-bdap/ https://rfa.org/english/vietnam/2025/01/10/vietnam-thailand-y-quynh-bdap/#respond Fri, 10 Jan 2025 23:27:13 +0000 https://rfa.org/english/vietnam/2025/01/10/vietnam-thailand-y-quynh-bdap/ Vietnamese authorities have asked the family of an ethnic Ede activist Hanoi convicted of “terrorism” in absentia to convince him to surrender instead of appealing the decision to extradite him from Thailand later this month, his family told RFA.

A human rights expert told RFA that Vietnam might be attempting orchestrating a “surrender show,” so authorities can tell the public that he and his family agreed that he should return on his own volition, rather than going through with the trial.

Y Quynh Bdap fled with his family to Thailand in 2018 to escape religious persecution.

As a member of the Ede ethnic minority, he is classified as a Montagnard, a term used to describe members of mainly Christian minority groups who live in Vietnam’s Central Highlands.

Bdap’s grandfather, like many Montagnards, worked with the U.S. military that fought alongside South Vietnamese forces in the 20-year war won by North Vietnam in 1975.

Y Quynh Bdap was granted refugee status by the United Nations High Commissioner for Refugees, or UNHCR, but was arrested by Thai police in mid-2024 following an extradition request from Vietnam.

If extradited to Vietnam, Y Quynh Bdap faces a 10-year prison sentence for “terrorism,” a charge issued in absentia by the Dak Lak People’s Court in January 2024.

Authorities allege he played a role in directing attacks on two government offices that resulted in nine deaths. The activist has consistently denied these allegations.

In late September 2024, the Bangkok Criminal Court ruled that he should be extradited to Vietnam. The court also gave the Thai government 90 days to enforce the decision.

Y Quynh Bdap in undated photo
Y Quynh Bdap in undated photo
(Y Quynh Bdap via Facebook)

On Thursday, Y Quynh Bdap’s attorney Nadthasiri Bergman told RFA that her team was waiting to submit the appeal against the extradition order but provided no further details.

Call to surrender

On Wednesday, Y Phô Êban, the activist’s father, told RFA that an inter-agency group of representatives from the Dak Lak provincial government had visited the family of Y Quynh Bdap’s wife on December 25.

They handed his father-in-law a document titled “Letter Calling on the Wanted to Surrender,” and asked the family to “actively encourage Y Quynh Bdap to give himself up to receive leniency.”

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The group warned that if his family did not sign the document and failed to convince him to return to Vietnam, “the authorities won’t help if any issues or difficulties arise in the future.”

Y Quynh Bdap’s in-laws later called his father to tell him what happened, saying they refused to sign the document.

“We won’t let Y Quynh return because it’s too dangerous for him,” said Y Phô Êban. “The authorities here are very hostile. They threaten us and will show no leniency.”

He said the accusations against his son were fabricated.

“Since they’ve labeled Y Quynh a terrorist, I’m certain they won’t spare him,” he said.

RFA’s called the two telephone numbers listed in the letter from the inter-agency group to seek further information, but those calls went unanswered.

Thailand’s role

Since the arrest and detention of Mr. Y Quynh Bdap, Thailand has faced protests from many international human rights organizations.

They say Thailand’s anti-torture law should prevent his extradition to Vietnam where he may face torture and inhumane treatment.

Truong Minh Tam, a legal expert with the U.S.-based Civil Rights Project, which advocates for disadvantaged communities in Vietnam, believes Thailand is more likely to cooperate with Vietnam on a “surrender” plan than to allow Mr. Y Quynh Bdap to resettle in a third country.

“It’s very likely that the Vietnamese government, by all means, will orchestrate the narrative of Y Quynh Bdap surrendering himself or that he was won over and bailed out by his relatives,” said Tam.

But he said Thailand would likely try to gauge international opinion before agreeing to such a plan.

One of Y Quynh Bdap’s attorneys told human rights group Project 88 in late December that if no countries offered him asylum by late January, it was almost certain that Y Quynh Bdap would be extradited to Vietnam.

Project 88 disclosed that Bdap applied for asylum in Canada but Ottawa stalled his application after Vietnam announced the terrorism charges against him.

Right before his arrest, the Canadian Embassy in Bangkok interviewed him for resettlement purposes.

Translated by Anna Vu. Edited by Eugene Whong.


This content originally appeared on Radio Free Asia and was authored by RFA Vietnamese.

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The Neverending Case: How 10 Years of Delays Have Prevented a “Horrendous” Sexual Assault Allegation From Going to Trial https://www.radiofree.org/2025/01/09/the-neverending-case-how-10-years-of-delays-have-prevented-a-horrendous-sexual-assault-allegation-from-going-to-trial/ https://www.radiofree.org/2025/01/09/the-neverending-case-how-10-years-of-delays-have-prevented-a-horrendous-sexual-assault-allegation-from-going-to-trial/#respond Thu, 09 Jan 2025 16:00:00 +0000 https://www.propublica.org/article/alaska-sex-assault-case-delays-timeline by Kyle Hopkins, Anchorage Daily News; Graphics by Lucas Waldron and Zisiga Mukulu, ProPublica

This story describes an alleged sexual assault and serious injuries resulting from it.

This article was produced for ProPublica’s Local Reporting Network in partnership with the Anchorage Daily News. Sign up for Dispatches to get stories like this one as soon as they are published.

This story works best on ProPublica’s website. View the interactive story here.

The sexual assault case was one of the most horrendous that two Alaska Superior Court judges said they had encountered in their long careers on the bench. The victim suffered internal injuries that required surgery and the use of a bag for her digestive system.

“Even somebody like me, who does nothing but this work for so long, still has their sensibility shocked,” Judge Philip Volland said at an early bail hearing, warning that he worried the suspect might try to threaten the woman. “The facts of this case tell me there is a very, very real risk of intimidation of the victim. If she wasn’t afraid then, she should be afraid now.”

Detectives had interviewed the alleged victim, executed search warrants and, two weeks after the reported incident, arrested a suspect: then-38-year-old Lafi “Beago” Faualo, who pleaded not guilty to first-degree sexual assault.

That was a decade ago. The case has still not gone to trial.

Over the years, the state assigned the case to four different judges, including Volland, who between them agreed to delay the trial more than 70 times — usually at the request of the defense attorney. Such delays and judges’ acquiescence have become routine in Alaska, robbing victims of timely justice and sometimes eroding the prosecution’s ability to mount an effective case using eyewitness testimony.

A spokesperson for the court system said the state is taking steps to reduce the length of time it takes to resolve Alaska criminal cases, including providing new training for judges and issuing orders to limit delays.

In the neverending case of sexual assault against Faualo, it all began with an alleged attack on July 16, 2014, in a van parked outside an Anchorage church. According to the charges, Faualo was in the back seat with the victim during the incident. Prosecutors additionally accused a second man, who was in the driver’s seat, of sexual assault in the case but later dropped the charges when the man pleaded guilty to coercion.

According to a charging document, Faualo denied sexually assaulting the woman but told Anchorage police he might have “accidentally” put his hand in her anus. The report quotes Faualo saying he might have used a bottle, but then saying it was definitely his hand. Faualo’s defense attorney has since said that Faualo’s co-defendant — who has since died — was the one who committed the assault and not Faualo.

ProPublica and the Anchorage Daily News obtained audio recordings and logs from each hearing or listened to it live. Nearly every time the defense attorney asked to delay the trial, a judge agreed. Not once did anyone in the courtroom ask what the victim wanted.

Faualo did not respond to an interview request and did not respond to emailed and hand-delivered questions.

Here’s how an Alaska sexual assault defendant has been able to prevent his case from going to trial since 2014. Prosecutors typically raised no objection to the delays. Unless noted, the judge granted the defense request for a delay in every instance.

  • Sept. 25, 2014: Faualo has hired a private attorney, Rex Butler, who asks to delay the hearing.
  • Oct. 7, 2014: Judge Philip Volland agrees to a delay because the defense attorney says he is still new to the case.
  • Nov. 4, 2014: The judge grants the defense a three-week delay.
  • Nov. 25, 2014: The judge delays the case as Faualo’s co-defendant considers a plea deal.
  • Dec. 9, 2014: The defense attorney has a scheduling conflict, delaying the case.
  • Jan. 13, 2015: Faualo files a motion to suppress evidence, delaying the case for months.

By 2015, the case has stretched past the state’s 120-day speedy-trial deadline. With no trial date in sight, Faualo asks to be released on bail, but the prosecutor claims he is a flight risk and a threat to the victim. The judge denies the bail request. The stakes are high. If convicted, Faualo faces a minimum of 25 years in prison for one count of sexual assault that resulted in serious injury, plus additional time for each of three additional counts of sexual assault.

  • April 7, 2015: The defense asks for another delay.
  • July 7, 2015: The judge grants a two-week delay, no questions asked.
  • Aug. 18, 2015: Judge Michael Wolverton has been assigned to the case. He approves another delay.
  • Aug. 26, 2015: The judge delays the trial to November 2015.
  • Oct. 14, 2015: The judge agrees to another delay.
  • Nov. 18, 2015: The judge delays the case another 35 days.
  • Dec. 9, 2015: The first motion to suppress evidence fails, and the judge agrees to another delay.
  • Jan. 20, 2016: The defense asks for a 30-day delay.
  • Feb. 17, 2016: The state has offered a plea deal. The defense asks for a 30-day delay.
  • Mar. 16, 2016: The defendant hasn’t decided on the plea deal and asks for another monthlong delay.
  • April 20, 2016: The defense files another motion and asks for a 30-day delay.
  • May 18, 2016: The judge agrees to delay the case for another month.
  • June 15, 2016: With a new prosecutor assigned to the case, the defense again asks for a 30-day delay.
  • July 13, 2016: The defendant is considering a plea deal that has been offered; the prosecutor asks for a two-week delay.
  • July 27, 2016: The defendant hasn’t decided on whether to take the deal. The judge delays the trial by six weeks.

By now, the delays in the case mostly revolve around motions filed by the defense to throw out evidence collected by detectives early in the investigation. For example, Faualo’s lawyer says police served a search warrant too late at night — despite the warrant saying it could be served at any time. Meanwhile, Faualo’s co-defendant has agreed to a plea deal and is expected to testify against him at trial.

  • Oct. 12, 2016: The defense asks for a one-month delay to continue negotiating a deal.
  • Nov. 16, 2016: The judge agrees to the defendant’s request for another one-month delay.
  • Dec. 14, 2016: The judge delays the case a month to make time for an evidentiary hearing.
  • Feb. 8, 2017: The judge denies the defense’s motions to suppress evidence, and the defense asks for another three-week delay.
  • Mar. 8, 2017: Faualo’s lawyer tells the judge he will “try to get” the case resolved soon but asks to delay the trial two months.
  • May 17, 2017: The defense asks to delay the trial by one month to negotiate a deal.
  • July 5, 2017: The defense asks for another one-month delay to continue negotiating.
  • Aug. 2, 2017: The defense says they’re “very close” to making a plea deal and just need to delay proceedings by another two weeks.
  • Aug. 16, 2017: Still negotiating, the defense says, asking for another two-week delay.
  • Aug. 30, 2017: The defense says it needs a three-week delay to continue negotiating.
  • Sept. 27, 2017: “Give us two more weeks,” the defense attorney asks. The judge OKs the delay.
  • Oct. 11, 2017: The defense is “pretty close” to a plea deal but needs a two-week delay.
  • Nov. 1, 2017: The defense asks for a one-month delay — long enough “so we don’t come back in two weeks and not have an answer.”
  • Dec. 6, 2017: The defense asks for a one-month delay. The judge agrees without asking questions.
  • Jan. 10, 2018: The defense says the two sides are “close to resolving” negotiations but need a two-week delay.
  • Jan. 24, 2018: The judge delays the trial to allow more negotiations.
  • Feb. 14, 2018: The defense asks for a new three-week delay without explanation. The judge agrees.
  • Mar. 7, 2018: A new prosecutor takes over the case; the defense attorney asks for a two-week delay.
  • Mar. 21, 2018: The defense asks for a one-week delay to negotiate.
  • Mar. 28, 2018: The defense asks for two more weeks to negotiate.
  • May 2, 2018: The defense attorney asks to delay the trial until October.

Prosecutors often say that trial delays make it harder to win a conviction because witnesses’ and police officers’ memories fade over time.

“Without question, the delay that occurs in cases going to trial makes it more difficult to keep track of where victims and witnesses are,” said Alaska Deputy Attorney General John Skidmore. “Police officers retire, move out of state. Lab analysts leave.”

“All of our cases depend upon us being able to present the evidence, and it’s just a fact of life that as time progresses, life moves on,” he said.

  • Sept. 5, 2018: The defense asks for a one-month delay.
  • Oct. 3, 2018: The defense asks for a two-week delay.
  • Oct. 17, 2018: The judge agrees to delay the trial for two weeks for “attorney negotiations.”
  • Nov. 28, 2018: Faualo has a new public defender, who asks to delay a week to prepare.
  • Dec. 12, 2018: The public defender asks to delay again.
  • Feb. 6, 2019: Butler, the private defense attorney, returns. He requests a delay until September.

Nothing happens in the case for seven months because Faualo’s attorney says he doesn’t have time for the trial. Faualo has now been in jail for five years, but the case appears to finally be destined for trial when a judge sets a new date for November 2019.

  • Oct. 28, 2019: The defense attorney asks to delay the trial one month.

The 2019 trial date comes and goes, and Wolverton has now retired. At a spring hearing held before Judge Catherine Easter, the defense attorney says he’s once again considering a plea deal rather than a trial. The judge chuckles when she reads the case number, which shows it has been awaiting trial since 2014. When the defense asks for a delay, the prosecution objects.

Because of the age of the case, the judge sets a trial date. But soon after, the COVID-19 pandemic pauses jury trials across Alaska.

  • May 11, 2020: COVID-related delay.
  • June, 11, 2020: COVID-related delay.
  • Oct. 27, 2020: COVID-related delay.
  • Jan. 12, 2021: COVID-related delay.
  • Mar. 9, 2021: COVID-related delay.
  • June 17, 2021: COVID-related delay.
  • Aug. 16, 2021: The defense asks for a delay to negotiate a deal. Judge Erin Marston, the latest judge assigned to the case, agrees.
  • Oct. 26, 2021: A new prosecutor is assigned to the case and asks for a delay.
  • Nov. 24, 2021: The defense requests a delay.
  • Jan. 5, 2022: Jury trials have resumed across Alaska, but both sides in this case ask for a delay.
  • May 9, 2022: The prosecutor says she’s ready for trial. The defense wants a delay.
  • June 10, 2022: The defense asks for a 30-day delay to continue negotiations.
  • July 14, 2022: The judge delays a hearing a week. The prosecutor doesn’t show up to the new hearing, so the judge delays again.
  • July 26, 2022: The defense asks for a delay due to a scheduling conflict.
  • Sept. 9, 2022: The prosecutor asks the judge to delay the case for “one last status hearing.”

The only witness to the alleged assault, other than the victim, has now died, the defense attorney says. Faualo has been in jail for eight years, and the judge agrees to release him on bail. His daughters will be asked to watch him and report to police if he violates conditions of his release.

  • Nov. 28, 2022: “I know it’s an old case,” the defense attorney acknowledges while asking that the trial be delayed several more months.
  • Feb. 1, 2023: The defense asks for a delay of 45 days.
  • Mar. 15, 2023: The defense requests a delay. A new judge assigned to the case, Judge Andrew Peterson, agrees.
  • April 26, 2023: The defense asks to delay a trial until 2024.

The talk of trial dates pauses for a few months as Faualo’s lawyer works, successfully, to loosen bail restrictions. At a bail hearing, a judge confuses Faualo with the codefendant who pleaded guilty to lesser charges. Misunderstanding the severity of the charges against Faualo, the judge agrees to ease up on his bail conditions. Faualo is now allowed to leave his house during the day.

  • Nov. 15, 2023: The defense asks for a 30-day delay.
  • Dec. 13, 2023: The prosecutor wants time to negotiate. She asks for a 30-60 day delay.

It’s now been nearly 10 years since the alleged sexual assault. Having failed to reach a plea agreement, the two sides say the earliest they can appear at trial is October 2024.

  • Aug. 30, 2024: With the trial set for October, the defense asks for a 15-day delay.
  • Sept. 25, 2024: The defense requests a 30-day delay.
  • Oct. 30, 2024: The prosecutor is ready. But the trial is delayed again because Faualo’s lawyer had double-booked himself for two trials at the same time.
  • Nov. 27, 2024: The prosecutor and defense are supposed to select a trial date, but the defense isn’t ready. The judge delays the case again.

The most recent hearing in this case was held on Dec. 16, 2024, when Judge Andrew Peterson set a trial date for June 2025, 10 years and 11 months after the alleged sexual assault took place.


This content originally appeared on ProPublica and was authored by .

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https://www.radiofree.org/2025/01/09/the-neverending-case-how-10-years-of-delays-have-prevented-a-horrendous-sexual-assault-allegation-from-going-to-trial/feed/ 0 508989
Anchorage Police Say They Witnessed a Sexual Assault in Public. It Took Seven Years for the Case to Go to Trial. https://www.radiofree.org/2025/01/07/anchorage-police-say-they-witnessed-a-sexual-assault-in-public-it-took-seven-years-for-the-case-to-go-to-trial/ https://www.radiofree.org/2025/01/07/anchorage-police-say-they-witnessed-a-sexual-assault-in-public-it-took-seven-years-for-the-case-to-go-to-trial/#respond Tue, 07 Jan 2025 16:00:00 +0000 https://www.propublica.org/article/anchorage-alaska-pretrial-delays-sexual-assault by Kyle Hopkins, Anchorage Daily News

This article was produced for ProPublica’s Local Reporting Network in partnership with the Anchorage Daily News. Sign up for Dispatches to get stories like this one as soon as they are published.

The evidence was overwhelming from the time it all began in 2017. A sexual assault in broad daylight at a popular Anchorage park, with a witness who dialed 911 and described the attack as it was happening. A police officer hoisting the suspect from atop one of the victims, the suspect’s pants still around his knees. DNA evidence corroborating the crime.

Yet in Alaska’s slow-motion court system, it took more than seven years for the case against Fred Tom Hurley III to finally go to trial, in December. Attorneys came and went with the passage of time — a series of six for the defense and four for the prosecution — as judges granted 50 delays. Most of the slowdowns came at the request of Hurley’s lawyers, long before and long after the COVID-19 pandemic paused jury trials across the state. At hearing after hearing, talks concerned scheduling, not the facts of the case.

For the two women Hurley was charged with assaulting, justice delayed meant justice denied in their lifetimes. Both died before the case ever reached the jury.

Told the details of the case, former Florida state prosecutor Melba Pearson called it “a travesty of justice.”

“That’s a travesty. Period. End of story,” said Pearson, who recently co-authored a report on trial delays across the country.

What’s surprising isn’t how long the Hurley case lingered unresolved, but how ordinary it is in Alaska’s court system.

A recent Anchorage Daily News and ProPublica investigation found hundreds of misdemeanor criminal cases in Anchorage thrown out of court because overwhelmed city prosecutors couldn’t meet speedy trial deadlines.

But when it comes to felonies in Anchorage and across the state, the opposite problem often exists for victims and witnesses: a wait of five, seven or even 10 years or more to reach trial, plea agreement or dismissal, often because of defense motions to delay. As a benchmark, the National Center for State Courts says 98% of felonies should be resolved in under a year.

The extreme pretrial delays in Alaska are especially striking because it has one of the nation’s strictest limits on how long cases can drag out: 120 days from the time a person is charged.

In reality, this deadline is rarely met. Over a recent 12-month period, only seven criminal cases went to trial within 120 days in Alaska state courts.

The problem is getting worse. The median time to resolve the most serious felony cases, such as murder and sexual assault, has nearly tripled over the past decade, from just over a year in 2013 to 1,160 days in 2023. About 54% of people held in Alaska jails and prisons last year were there to await trial or, in a smaller number of cases, to await sentencing. That’s up from just 30% in 2016.

A courts spokesperson, Rebecca Koford, said by email that the state “is well aware of the issues with case backlogs and has been actively working to improve time to disposition.” Koford cited an Anchorage presiding judge’s orders limiting when postponements may be used, as well as new training for judges on managing case flows.

“We have made inroads in that direction,” she said, “but it takes time and continues to be exacerbated by the low number of attorneys who are able to handle complex criminal cases."

Some defense attorneys request pretrial delays to cope with overwhelming caseloads. According to the Alaska court system, Hurley’s current attorney, Rex Butler, represents defendants in at least 375 active cases, for example. (In an interview, the attorney said he sometimes hires other lawyers to help with that workload and noted that most cases do not require a jury trial.)

Time is generally a friend to a defendant. Witnesses may get into trouble or their recollections may fade, which could work to your benefit.

—Assistant public advocate Jim Corrigan in an email to a client

Attorneys also can employ delays as a tactic, increasing the odds their clients will walk free as the prosecution’s case ages. Defendants sit in jail or live on monitored release pending trial, but the wait can avert a heftier prison sentence.

The thought was captured in a 2017 email from a state-appointed defense attorney to his client, later made public in a court proceeding.

“Time is generally a friend to a defendant,” assistant public advocate Jim Corrigan wrote. “Witnesses may get into trouble or their recollections may fade, which could work to your benefit.”

The defendant had been questioning why his lawyer asked to delay his sexual assault case.

“You should not be in any hurry to take these cases to trial,” Corrigan replied.

Corrigan did not respond to a recent request for comment.

Terrence Haas, a former judge who oversees public defenders in Alaska, said that any lawyer who believes a delay is necessary or would benefit a client’s case is “bound by the ethics of their profession and duty of loyalty to their client to request a continuance.”

But one person has the power to say no to such requests: the judge. Records show Alaska judges routinely agree to such requests even after years of delays. These preventable failures have existed for more than a decade. What’s more, everyone saw it coming.

Repeated Warnings

Victims advocates in Alaska have raised alarms about pretrial delays over and over again, largely without impact.

“It is not unusual for felony cases to take 2 to 3 years before victims see their case go to trial or result in a plea agreement,” the Alaska Office of Victims’ Rights wrote in 2014. Few judges were giving serious consideration to victims who asked them to speed up the process.

The agency issued similar warnings as the years went by:

  • 2015: Judges often allowed 20 or more status meetings before forcing the two sides to go to trial.

  • 2016: The most common victim complaint is “pre-trial delays allowed by the courts.”

  • 2017: The maxim that “justice delayed is justice denied” could not be more true than for victims of crime in Alaska. “Victims cannot heal or find closure when the wounds caused by the offender are constantly reopened by a prolonged court case. Victims are often held hostage to the system for far too long and in violation of their rights as victims.”

The victims’ rights office laid blame for the delays mostly with judges, particularly judges in Anchorage.

One week in 2018, the agency watched four Anchorage Superior Court judges hold pretrial hearings for 181 criminal cases. The judges let 161 be delayed up to two months. In most cases, the victims’ rights office said, neither the defense attorney nor the prosecutor gave a good reason for the delay. Not once did a judge ask what the victim wanted, the report said.

The next year, the Office of Victims’ Rights accused Anchorage judges of being enablers. “It is up to the judge to control the docket, to adhere to standing court orders, to follow the law and to protect victims’ rights as well as defendants’ rights,” the agency wrote. “Generally, what is seen is more of a rubber stamping of such requests.”

A common delay tactic during the pandemic known as the “off-record continuance” allowed attorneys to delay cases by email and skip court. But it persisted after courts reopened. Records show judges in 2024 allowed off-record continuances in dozens of cases, ranging from a 4-year-old felony assault to a 5-year-old sexual assault to a 6-year-old car theft.

(The Anchorage Daily News and ProPublica delivered questions to all Anchorage Superior Court judges by email and in hard copy, receiving a response from only two judges, who both said they mostly hear civil cases and rarely preside over criminal trials.)

Crime survivors pay a price for the inaction. They take time off work or pay for day care to attend hearings, advocates note. Victims fight to calm the pit in their stomachs before stepping into a courtroom, only to find the event is canceled.

The Office of Victims’ Rights in May filed paperwork on behalf of the alleged victim in a 2017 sexual abuse case, demanding the court honor the woman’s right to “timely disposition” under the Alaska Constitution. The agency asked Superior Court Judge Jack McKenna to hold a trial in June so that the woman and her family could move on with their lives. The judge delayed the case once again.

McKenna did not respond to an email or questions delivered to his courthouse mailbox. But Koford, the court spokesperson, said the trial in the 2017 case had to be delayed because the defense attorney was scheduled to appear in another trial. Other delays were because the prosecutor was unavailable.

The state of Alaska’s criminal justice system is operating on the fringes, barely able to protect against the deprivation of fundamental rights, barely able to respond in a professionally responsible manner.

—Fairbanks Superior Court Judge Michael MacDonald

Koford said the case illustrated Alaska’s shortage of experienced attorneys to handle major felonies, which often leaves judges with a choice between postponing a trial and forcing one with unprepared attorneys, unavailable witnesses or an incomplete examination of evidence.

“A victim’s right to a speedy trial is important,” Koford said, “but it is also important to try a case correctly the first time.”

One judge has publicly blamed backups on lawmakers and governors, whom he accused of skimping on money for public defenders.

Fairbanks Superior Court Judge Michael MacDonald was presiding over a case in 2019 involving the beating death of an Alaska Native woman in a Yukon River village. It was less than 2 years old and about to go before a jury. The defendant admitted to the killing.

Then the defendant’s state-appointed attorney requested a delay, saying she had been juggling 200 cases at once, felt burned out and couldn’t ethically move forward with a trial. (A 1998 audit for the Alaska Legislature said public defenders can “ethically” handle no more than 59 cases in a 60-hour workweek.)

MacDonald described the request as a sign of dysfunction.

“The state of Alaska’s criminal justice system is operating on the fringes,” MacDonald wrote, “barely able to protect against the deprivation of fundamental rights, barely able to respond in a professionally responsible manner” to violent crime.

He went ahead and ordered the trial postponed. The defendant eventually pleaded guilty to second-degree murder under an agreement with the prosecution. (The judge has since retired but declined to be interviewed for this story, saying he still occasionally fills in for other judges and presides over cases.)

Seven Years, No Trial

At the December sexual assault trial for Hurley in Anchorage, few people were more eager to see the case concluded than Eva Foxglove. The 53-year-old mother was the one who called 911 during the attack. Foxglove didn’t know the women, but she said she had been sexually assaulted before and knew they might not be able or willing to testify when the time arrived.

“I have to come and do this for them,” she told the jury.

The events Foxglove watched unfold in 2017 had their origins shortly after Hurley’s release from jail on a previous sexual assault charge.

Accused of sexually assaulting a woman in her home, Hurley was acquitted at trial, walked out of jail and wrote on Facebook July 13, 2017, “What’s up free at last.” Two days later, he showed up at an Anchorage soup kitchen, where he met the two women he was later charged with attacking, according to a police report.

The report said the three of them walked to the Delaney Park Strip, several city blocks of grass that skirt a gleaming oil company tower and the governor’s office building. One alleged victim told police Hurley said she was beautiful and tried to kiss her but that she turned her head and told him she was engaged to be married, the report said.

The Delaney Park Strip is a popular park that covers several city blocks in the heart of Anchorage. (Loren Holmes/Anchorage Daily News)

Foxglove recalled in a recent interview that she was charging her phone at an outlet in the park. It was about 4 p.m. in the thick of tourist season, 68 degrees under a clear, bright sky.

The women seemed to pass out after drinking from a half-gallon bottle, Foxglove said. She could see Hurley moving on top of one and then the other, she said. “I was like, ‘What the fuck is he doing?’” Foxglove said. Shortly after she dialed 911, a police officer jogged up to Hurley and yanked him from one of the two women, the officer, now a sergeant, told jurors in December.

Police later collected DNA matching Hurley’s from the second woman’s body and from the first woman’s clothing.

The case was assigned to Anchorage Superior Court Judge Kevin Saxby and given a trial date of Oct. 9, 2017. But that date came and went. Saxby and other judges agreed to delay the trial 50 times, most often at the request of Hurley’s lawyers. One example: Hurley’s attorney wanted to see the criminal records of the two alleged victims.

Saxby did not respond to emailed and hand-delivered questions. Koford, the court system spokesperson, said judges generally do not comment on their actions for “fairness and due process reasons” and “cannot and do not comment on decision-making and reasoning in a case.”

One of the alleged victims was described in enough detail in police reports for the Daily News and ProPublica to track down additional information about her life. She lived unhoused and was listed in police reports as a victim in at least two prior sexual assault cases.

The woman told officers that she had passed out and awoke to find Hurley on top of her, police records say. A charging document quoted her using the word “rape” to describe what happened. Unlike the arriving police officer, the woman could testify not only to sexual contact, but also her lack of consent.

She never got the chance.

A passerby found her body outside a public library in Anchorage on April 19, 2019, some time between Hurley’s 19th pretrial delay and his 20th. Police said there was no evidence of a crime. At some other point during the long wait for Hurley’s trial, the second woman died as well.

Prosecutors had the DNA and witnesses who could establish sexual contact. But without the victims, prosecutors needed to show that they were incapacitated and therefore inherently incapable of agreeing to sex. The job fell largely to Foxglove. On the witness stand, she wore an oversized T-shirt and loose ponytail. “I’ve never been to court before,” she told the jury. But she recounted the events from seven years ago clearly, with greater precision and consistency than she’d offered in an earlier interview with a reporter.

Eva Foxglove testifies during Fred Tom Hurley III’s sexual assault trial at the Nesbett Courthouse in Anchorage in December. (Loren Holmes/Anchorage Daily News)

When Butler, Hurley’s defense attorney, challenged her statement that the two women were passed out — rather than simply asleep — she never flinched. She could tell when someone wasn’t just napping but dead-to-the-world unconscious, she told the jury.

“I was a drunk. I know what sleep is. When you want to sleep you lay down and go to sleep. But when you drink so much, you pass out,” she said. “I know the difference, and I see.”

Fred Tom Hurley III, left, talks with his attorney, Rex Butler, during his trial. (Loren Holmes/Anchorage Daily News)

After seven years of delays, Hurley’s attorney gave no opening statement and did not call any witnesses. The trial took five days, including two days of jury selection.

The jurors returned their decision within two hours on Dec. 10: guilty on five of six felony sexual assault charges. As of Monday, the state court website indicated Hurley has not filed an appeal.

In the Defendant’s Favor

Although the Hurley case ended in a conviction, delays have worked to the defendants’ advantage in other Alaska criminal cases.

A man held at Fairbanks Correctional Center for two years without a trial had his drug charges thrown out after asserting his attorney waived his speedy trial rights violation without his consent.

And since October, at least 10 pretrial inmates at the Goose Creek Correctional Center have filed petitions in federal court challenging their state detention. They allege the state violated their speedy trial rights and in some cases appointed unreliable public defenders, saying they never signed forms saying they wanted to stop the 120-day countdown to a trial. Federal judges dismissed four of the petitions, while another six are awaiting a decision.

Haas, the official who supervises Alaska public defenders, said he wasn’t familiar with the petitions but said it’s not uncommon for defense attorneys and their clients to disagree about how long it will take to get ready for trial. “During the pandemic, of course, that got a little bit more extreme in terms of what delays were going on,” he said.

Pretrial delays can lead to a reversal for prosecutors even if they’ve won a conviction.

In a recent decision that could have far-reaching impact in Alaska, a man convicted of sexually abusing children succeeded in forcing the Superior Court to revisit his case.

Police arrested Ralph Hernandez in 2011 after an 11-year-old girl told her friend about the alleged abuse. Prosecutors said he abused, tortured or sexually assaulted children from toddlers to teenagers.

Over the seven years that it took the case to get to trial, Hernandez repeatedly voiced his demand for a speedy trial, often over the objections of his public defender. A jury convicted Hernandez of three counts of first-degree sexual abuse of a minor and one count of attempted second-degree sexual abuse of a minor.

But Alaska’s appeals court ruled in February that Hernandez had proven his pretrial delays were “presumptively prejudicial” and sent the case back to lower court for review.

In the 1978 federal ruling that set the precedent for the Hernandez case, the 9th U.S. Circuit Court of Appeals made clear that states can’t get away with violating speedy trial rights simply by blaming a shortage of public defenders or prosecutors.

“A state government’s allocation of resources plays a major role in creating congested dockets, and it is unfair to require defendants to bear the entire burden that results from the government’s fiscal decisions,” the court wrote. “There must be a point at which delay due to a congested docket becomes so unacceptable that by itself it violates the right to a speedy trial.”

Although defendants may object to endless delays, they can benefit from them as time eats away at the prosecution’s case.

“We as prosecutors are obligated to present evidence in court and persuade a jury beyond a reasonable doubt about what happened,” said John Skidmore, Alaska deputy attorney general. “But when memories fade and people are less certain about what happened at some point in the past, that makes it more difficult for us to meet those burdens.”

Especially in cases of sexual violence, it’s prosecutors who are in a race against time. Often the evidence rests on a survivor’s word against an attacker’s. Losing the alleged victim’s testimony — a likelier outcome each day without a trial — can crush a prosecutor’s odds of a conviction.

It happened, a prosecutor said, in the case of Andre Corcoran.

“What She Deserved”

The charges say Corcoran met his alleged victim, an unhoused woman taking cooking classes at a soup kitchen, shortly after moving to Alaska. The woman told police Corcoran seemed safe because he volunteered to clear kitchen tables. When Corcoran told her he had no place to stay, the woman offered to show him an abandoned tent.

Inside, according to the charging document, Corcoran and the woman began kissing, but she said she felt uncomfortable and asked him to stop. The charging document says Corcoran admitted to holding her down and attempting to have sex as she screamed for help. A police report on Corcoran’s arrest describes his subsequent interview with a detective.

“I think women need to be raped,” Corcoran told the detective, according to a transcript. The defendant said his only regret was not completing the act, the report said.

She wanted to make sure that he was held accountable for what he did and that he wouldn’t be able to do this again.

—Prosecutor Betsy Bull

A grand jury indicted Corcoran on Aug. 30, 2018, on felony sexual assault charges. He waited in jail as defense attorneys had the case delayed at least 11 times. Still, when it finally reached trial in late April, Corcoran’s alleged victim was willing to testify despite suffering anxiety, a prosecutor later said.

“She wanted to make sure that he was held accountable for what he did and that he wouldn’t be able to do this again,” prosecutor Betsy Bull told the court.

Then the judge declared a mistrial. Corcoran’s attorney said he wasn’t told the alleged victim had a boyfriend at the time the assault was reported — which the attorney said gave the woman a potential motive to lie and cover up consensual sex with another man.

The prosecution was ready to give it a second try this fall, but as the new trial date approached, Corcoran’s alleged victim died of severe burns after her tent caught fire.

Bull said she was forced to offer a deal that let Corcoran plead guilty to a single count of felony assault. He would be sentenced to time served — his years in jail awaiting trial — and would not have to register as a sex offender. The prosecutor told the judge it was the best she could do.

“It’s not, from the state’s perspective, because he didn’t do it,” Bull said.

The courtroom was empty. No jury. No spectators. The judge asked the defendant if he wanted to say anything, and Corcoran stood.

“I do feel bad about who I used to be,” he said. “And I have made changes to who I want to be. I want to be a better person.”

Corcoran’s attorney, Jaffer Khimani, said Corcoran’s expression of remorse “was sincere to me.” Khimani said he was unaware of something else that, according to a report filed by a police detective, his client imparted moments after.

The report said Corcoran spoke to the court officer who escorted him to an elevator on his way to being set free.

It quoted Corcoran saying something very different from what he’d told the judge about his actions: “She got what she deserved.”


This content originally appeared on ProPublica and was authored by by Kyle Hopkins, Anchorage Daily News.

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Anchorage Police Say They Witnessed a Sexual Assault in Public. It Took Seven Years for the Case to Go to Trial. https://www.radiofree.org/2025/01/07/anchorage-police-say-they-witnessed-a-sexual-assault-in-public-it-took-seven-years-for-the-case-to-go-to-trial/ https://www.radiofree.org/2025/01/07/anchorage-police-say-they-witnessed-a-sexual-assault-in-public-it-took-seven-years-for-the-case-to-go-to-trial/#respond Tue, 07 Jan 2025 16:00:00 +0000 https://www.propublica.org/article/anchorage-alaska-pretrial-delays-sexual-assault by Kyle Hopkins, Anchorage Daily News

This article was produced for ProPublica’s Local Reporting Network in partnership with the Anchorage Daily News. Sign up for Dispatches to get stories like this one as soon as they are published.

The evidence was overwhelming from the time it all began in 2017. A sexual assault in broad daylight at a popular Anchorage park, with a witness who dialed 911 and described the attack as it was happening. A police officer hoisting the suspect from atop one of the victims, the suspect’s pants still around his knees. DNA evidence corroborating the crime.

Yet in Alaska’s slow-motion court system, it took more than seven years for the case against Fred Tom Hurley III to finally go to trial, in December. Attorneys came and went with the passage of time — a series of six for the defense and four for the prosecution — as judges granted 50 delays. Most of the slowdowns came at the request of Hurley’s lawyers, long before and long after the COVID-19 pandemic paused jury trials across the state. At hearing after hearing, talks concerned scheduling, not the facts of the case.

For the two women Hurley was charged with assaulting, justice delayed meant justice denied in their lifetimes. Both died before the case ever reached the jury.

Told the details of the case, former Florida state prosecutor Melba Pearson called it “a travesty of justice.”

“That’s a travesty. Period. End of story,” said Pearson, who recently co-authored a report on trial delays across the country.

What’s surprising isn’t how long the Hurley case lingered unresolved, but how ordinary it is in Alaska’s court system.

A recent Anchorage Daily News and ProPublica investigation found hundreds of misdemeanor criminal cases in Anchorage thrown out of court because overwhelmed city prosecutors couldn’t meet speedy trial deadlines.

But when it comes to felonies in Anchorage and across the state, the opposite problem often exists for victims and witnesses: a wait of five, seven or even 10 years or more to reach trial, plea agreement or dismissal, often because of defense motions to delay. As a benchmark, the National Center for State Courts says 98% of felonies should be resolved in under a year.

The extreme pretrial delays in Alaska are especially striking because it has one of the nation’s strictest limits on how long cases can drag out: 120 days from the time a person is charged.

In reality, this deadline is rarely met. Over a recent 12-month period, only seven criminal cases went to trial within 120 days in Alaska state courts.

The problem is getting worse. The median time to resolve the most serious felony cases, such as murder and sexual assault, has nearly tripled over the past decade, from just over a year in 2013 to 1,160 days in 2023. About 54% of people held in Alaska jails and prisons last year were there to await trial or, in a smaller number of cases, to await sentencing. That’s up from just 30% in 2016.

A courts spokesperson, Rebecca Koford, said by email that the state “is well aware of the issues with case backlogs and has been actively working to improve time to disposition.” Koford cited an Anchorage presiding judge’s orders limiting when postponements may be used, as well as new training for judges on managing case flows.

“We have made inroads in that direction,” she said, “but it takes time and continues to be exacerbated by the low number of attorneys who are able to handle complex criminal cases."

Some defense attorneys request pretrial delays to cope with overwhelming caseloads. According to the Alaska court system, Hurley’s current attorney, Rex Butler, represents defendants in at least 375 active cases, for example. (In an interview, the attorney said he sometimes hires other lawyers to help with that workload and noted that most cases do not require a jury trial.)

Time is generally a friend to a defendant. Witnesses may get into trouble or their recollections may fade, which could work to your benefit.

—Assistant public advocate Jim Corrigan in an email to a client

Attorneys also can employ delays as a tactic, increasing the odds their clients will walk free as the prosecution’s case ages. Defendants sit in jail or live on monitored release pending trial, but the wait can avert a heftier prison sentence.

The thought was captured in a 2017 email from a state-appointed defense attorney to his client, later made public in a court proceeding.

“Time is generally a friend to a defendant,” assistant public advocate Jim Corrigan wrote. “Witnesses may get into trouble or their recollections may fade, which could work to your benefit.”

The defendant had been questioning why his lawyer asked to delay his sexual assault case.

“You should not be in any hurry to take these cases to trial,” Corrigan replied.

Corrigan did not respond to a recent request for comment.

Terrence Haas, a former judge who oversees public defenders in Alaska, said that any lawyer who believes a delay is necessary or would benefit a client’s case is “bound by the ethics of their profession and duty of loyalty to their client to request a continuance.”

But one person has the power to say no to such requests: the judge. Records show Alaska judges routinely agree to such requests even after years of delays. These preventable failures have existed for more than a decade. What’s more, everyone saw it coming.

Repeated Warnings

Victims advocates in Alaska have raised alarms about pretrial delays over and over again, largely without impact.

“It is not unusual for felony cases to take 2 to 3 years before victims see their case go to trial or result in a plea agreement,” the Alaska Office of Victims’ Rights wrote in 2014. Few judges were giving serious consideration to victims who asked them to speed up the process.

The agency issued similar warnings as the years went by:

  • 2015: Judges often allowed 20 or more status meetings before forcing the two sides to go to trial.

  • 2016: The most common victim complaint is “pre-trial delays allowed by the courts.”

  • 2017: The maxim that “justice delayed is justice denied” could not be more true than for victims of crime in Alaska. “Victims cannot heal or find closure when the wounds caused by the offender are constantly reopened by a prolonged court case. Victims are often held hostage to the system for far too long and in violation of their rights as victims.”

The victims’ rights office laid blame for the delays mostly with judges, particularly judges in Anchorage.

One week in 2018, the agency watched four Anchorage Superior Court judges hold pretrial hearings for 181 criminal cases. The judges let 161 be delayed up to two months. In most cases, the victims’ rights office said, neither the defense attorney nor the prosecutor gave a good reason for the delay. Not once did a judge ask what the victim wanted, the report said.

The next year, the Office of Victims’ Rights accused Anchorage judges of being enablers. “It is up to the judge to control the docket, to adhere to standing court orders, to follow the law and to protect victims’ rights as well as defendants’ rights,” the agency wrote. “Generally, what is seen is more of a rubber stamping of such requests.”

A common delay tactic during the pandemic known as the “off-record continuance” allowed attorneys to delay cases by email and skip court. But it persisted after courts reopened. Records show judges in 2024 allowed off-record continuances in dozens of cases, ranging from a 4-year-old felony assault to a 5-year-old sexual assault to a 6-year-old car theft.

(The Anchorage Daily News and ProPublica delivered questions to all Anchorage Superior Court judges by email and in hard copy, receiving a response from only two judges, who both said they mostly hear civil cases and rarely preside over criminal trials.)

Crime survivors pay a price for the inaction. They take time off work or pay for day care to attend hearings, advocates note. Victims fight to calm the pit in their stomachs before stepping into a courtroom, only to find the event is canceled.

The Office of Victims’ Rights in May filed paperwork on behalf of the alleged victim in a 2017 sexual abuse case, demanding the court honor the woman’s right to “timely disposition” under the Alaska Constitution. The agency asked Superior Court Judge Jack McKenna to hold a trial in June so that the woman and her family could move on with their lives. The judge delayed the case once again.

McKenna did not respond to an email or questions delivered to his courthouse mailbox. But Koford, the court spokesperson, said the trial in the 2017 case had to be delayed because the defense attorney was scheduled to appear in another trial. Other delays were because the prosecutor was unavailable.

The state of Alaska’s criminal justice system is operating on the fringes, barely able to protect against the deprivation of fundamental rights, barely able to respond in a professionally responsible manner.

—Fairbanks Superior Court Judge Michael MacDonald

Koford said the case illustrated Alaska’s shortage of experienced attorneys to handle major felonies, which often leaves judges with a choice between postponing a trial and forcing one with unprepared attorneys, unavailable witnesses or an incomplete examination of evidence.

“A victim’s right to a speedy trial is important,” Koford said, “but it is also important to try a case correctly the first time.”

One judge has publicly blamed backups on lawmakers and governors, whom he accused of skimping on money for public defenders.

Fairbanks Superior Court Judge Michael MacDonald was presiding over a case in 2019 involving the beating death of an Alaska Native woman in a Yukon River village. It was less than 2 years old and about to go before a jury. The defendant admitted to the killing.

Then the defendant’s state-appointed attorney requested a delay, saying she had been juggling 200 cases at once, felt burned out and couldn’t ethically move forward with a trial. (A 1998 audit for the Alaska Legislature said public defenders can “ethically” handle no more than 59 cases in a 60-hour workweek.)

MacDonald described the request as a sign of dysfunction.

“The state of Alaska’s criminal justice system is operating on the fringes,” MacDonald wrote, “barely able to protect against the deprivation of fundamental rights, barely able to respond in a professionally responsible manner” to violent crime.

He went ahead and ordered the trial postponed. The defendant eventually pleaded guilty to second-degree murder under an agreement with the prosecution. (The judge has since retired but declined to be interviewed for this story, saying he still occasionally fills in for other judges and presides over cases.)

Seven Years, No Trial

At the December sexual assault trial for Hurley in Anchorage, few people were more eager to see the case concluded than Eva Foxglove. The 53-year-old mother was the one who called 911 during the attack. Foxglove didn’t know the women, but she said she had been sexually assaulted before and knew they might not be able or willing to testify when the time arrived.

“I have to come and do this for them,” she told the jury.

The events Foxglove watched unfold in 2017 had their origins shortly after Hurley’s release from jail on a previous sexual assault charge.

Accused of sexually assaulting a woman in her home, Hurley was acquitted at trial, walked out of jail and wrote on Facebook July 13, 2017, “What’s up free at last.” Two days later, he showed up at an Anchorage soup kitchen, where he met the two women he was later charged with attacking, according to a police report.

The report said the three of them walked to the Delaney Park Strip, several city blocks of grass that skirt a gleaming oil company tower and the governor’s office building. One alleged victim told police Hurley said she was beautiful and tried to kiss her but that she turned her head and told him she was engaged to be married, the report said.

The Delaney Park Strip is a popular park that covers several city blocks in the heart of Anchorage. (Loren Holmes/Anchorage Daily News)

Foxglove recalled in a recent interview that she was charging her phone at an outlet in the park. It was about 4 p.m. in the thick of tourist season, 68 degrees under a clear, bright sky.

The women seemed to pass out after drinking from a half-gallon bottle, Foxglove said. She could see Hurley moving on top of one and then the other, she said. “I was like, ‘What the fuck is he doing?’” Foxglove said. Shortly after she dialed 911, a police officer jogged up to Hurley and yanked him from one of the two women, the officer, now a sergeant, told jurors in December.

Police later collected DNA matching Hurley’s from the second woman’s body and from the first woman’s clothing.

The case was assigned to Anchorage Superior Court Judge Kevin Saxby and given a trial date of Oct. 9, 2017. But that date came and went. Saxby and other judges agreed to delay the trial 50 times, most often at the request of Hurley’s lawyers. One example: Hurley’s attorney wanted to see the criminal records of the two alleged victims.

Saxby did not respond to emailed and hand-delivered questions. Koford, the court system spokesperson, said judges generally do not comment on their actions for “fairness and due process reasons” and “cannot and do not comment on decision-making and reasoning in a case.”

One of the alleged victims was described in enough detail in police reports for the Daily News and ProPublica to track down additional information about her life. She lived unhoused and was listed in police reports as a victim in at least two prior sexual assault cases.

The woman told officers that she had passed out and awoke to find Hurley on top of her, police records say. A charging document quoted her using the word “rape” to describe what happened. Unlike the arriving police officer, the woman could testify not only to sexual contact, but also her lack of consent.

She never got the chance.

A passerby found her body outside a public library in Anchorage on April 19, 2019, some time between Hurley’s 19th pretrial delay and his 20th. Police said there was no evidence of a crime. At some other point during the long wait for Hurley’s trial, the second woman died as well.

Prosecutors had the DNA and witnesses who could establish sexual contact. But without the victims, prosecutors needed to show that they were incapacitated and therefore inherently incapable of agreeing to sex. The job fell largely to Foxglove. On the witness stand, she wore an oversized T-shirt and loose ponytail. “I’ve never been to court before,” she told the jury. But she recounted the events from seven years ago clearly, with greater precision and consistency than she’d offered in an earlier interview with a reporter.

Eva Foxglove testifies during Fred Tom Hurley III’s sexual assault trial at the Nesbett Courthouse in Anchorage in December. (Loren Holmes/Anchorage Daily News)

When Butler, Hurley’s defense attorney, challenged her statement that the two women were passed out — rather than simply asleep — she never flinched. She could tell when someone wasn’t just napping but dead-to-the-world unconscious, she told the jury.

“I was a drunk. I know what sleep is. When you want to sleep you lay down and go to sleep. But when you drink so much, you pass out,” she said. “I know the difference, and I see.”

Fred Tom Hurley III, left, talks with his attorney, Rex Butler, during his trial. (Loren Holmes/Anchorage Daily News)

After seven years of delays, Hurley’s attorney gave no opening statement and did not call any witnesses. The trial took five days, including two days of jury selection.

The jurors returned their decision within two hours on Dec. 10: guilty on five of six felony sexual assault charges. As of Monday, the state court website indicated Hurley has not filed an appeal.

In the Defendant’s Favor

Although the Hurley case ended in a conviction, delays have worked to the defendants’ advantage in other Alaska criminal cases.

A man held at Fairbanks Correctional Center for two years without a trial had his drug charges thrown out after asserting his attorney waived his speedy trial rights violation without his consent.

And since October, at least 10 pretrial inmates at the Goose Creek Correctional Center have filed petitions in federal court challenging their state detention. They allege the state violated their speedy trial rights and in some cases appointed unreliable public defenders, saying they never signed forms saying they wanted to stop the 120-day countdown to a trial. Federal judges dismissed four of the petitions, while another six are awaiting a decision.

Haas, the official who supervises Alaska public defenders, said he wasn’t familiar with the petitions but said it’s not uncommon for defense attorneys and their clients to disagree about how long it will take to get ready for trial. “During the pandemic, of course, that got a little bit more extreme in terms of what delays were going on,” he said.

Pretrial delays can lead to a reversal for prosecutors even if they’ve won a conviction.

In a recent decision that could have far-reaching impact in Alaska, a man convicted of sexually abusing children succeeded in forcing the Superior Court to revisit his case.

Police arrested Ralph Hernandez in 2011 after an 11-year-old girl told her friend about the alleged abuse. Prosecutors said he abused, tortured or sexually assaulted children from toddlers to teenagers.

Over the seven years that it took the case to get to trial, Hernandez repeatedly voiced his demand for a speedy trial, often over the objections of his public defender. A jury convicted Hernandez of three counts of first-degree sexual abuse of a minor and one count of attempted second-degree sexual abuse of a minor.

But Alaska’s appeals court ruled in February that Hernandez had proven his pretrial delays were “presumptively prejudicial” and sent the case back to lower court for review.

In the 1978 federal ruling that set the precedent for the Hernandez case, the 9th U.S. Circuit Court of Appeals made clear that states can’t get away with violating speedy trial rights simply by blaming a shortage of public defenders or prosecutors.

“A state government’s allocation of resources plays a major role in creating congested dockets, and it is unfair to require defendants to bear the entire burden that results from the government’s fiscal decisions,” the court wrote. “There must be a point at which delay due to a congested docket becomes so unacceptable that by itself it violates the right to a speedy trial.”

Although defendants may object to endless delays, they can benefit from them as time eats away at the prosecution’s case.

“We as prosecutors are obligated to present evidence in court and persuade a jury beyond a reasonable doubt about what happened,” said John Skidmore, Alaska deputy attorney general. “But when memories fade and people are less certain about what happened at some point in the past, that makes it more difficult for us to meet those burdens.”

Especially in cases of sexual violence, it’s prosecutors who are in a race against time. Often the evidence rests on a survivor’s word against an attacker’s. Losing the alleged victim’s testimony — a likelier outcome each day without a trial — can crush a prosecutor’s odds of a conviction.

It happened, a prosecutor said, in the case of Andre Corcoran.

“What She Deserved”

The charges say Corcoran met his alleged victim, an unhoused woman taking cooking classes at a soup kitchen, shortly after moving to Alaska. The woman told police Corcoran seemed safe because he volunteered to clear kitchen tables. When Corcoran told her he had no place to stay, the woman offered to show him an abandoned tent.

Inside, according to the charging document, Corcoran and the woman began kissing, but she said she felt uncomfortable and asked him to stop. The charging document says Corcoran admitted to holding her down and attempting to have sex as she screamed for help. A police report on Corcoran’s arrest describes his subsequent interview with a detective.

“I think women need to be raped,” Corcoran told the detective, according to a transcript. The defendant said his only regret was not completing the act, the report said.

She wanted to make sure that he was held accountable for what he did and that he wouldn’t be able to do this again.

—Prosecutor Betsy Bull

A grand jury indicted Corcoran on Aug. 30, 2018, on felony sexual assault charges. He waited in jail as defense attorneys had the case delayed at least 11 times. Still, when it finally reached trial in late April, Corcoran’s alleged victim was willing to testify despite suffering anxiety, a prosecutor later said.

“She wanted to make sure that he was held accountable for what he did and that he wouldn’t be able to do this again,” prosecutor Betsy Bull told the court.

Then the judge declared a mistrial. Corcoran’s attorney said he wasn’t told the alleged victim had a boyfriend at the time the assault was reported — which the attorney said gave the woman a potential motive to lie and cover up consensual sex with another man.

The prosecution was ready to give it a second try this fall, but as the new trial date approached, Corcoran’s alleged victim died of severe burns after her tent caught fire.

Bull said she was forced to offer a deal that let Corcoran plead guilty to a single count of felony assault. He would be sentenced to time served — his years in jail awaiting trial — and would not have to register as a sex offender. The prosecutor told the judge it was the best she could do.

“It’s not, from the state’s perspective, because he didn’t do it,” Bull said.

The courtroom was empty. No jury. No spectators. The judge asked the defendant if he wanted to say anything, and Corcoran stood.

“I do feel bad about who I used to be,” he said. “And I have made changes to who I want to be. I want to be a better person.”

Corcoran’s attorney, Jaffer Khimani, said Corcoran’s expression of remorse “was sincere to me.” Khimani said he was unaware of something else that, according to a report filed by a police detective, his client imparted moments after.

The report said Corcoran spoke to the court officer who escorted him to an elevator on his way to being set free.

It quoted Corcoran saying something very different from what he’d told the judge about his actions: “She got what she deserved.”


This content originally appeared on ProPublica and was authored by by Kyle Hopkins, Anchorage Daily News.

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Anchorage Police Say They Witnessed a Sexual Assault in Public. It Took Seven Years for the Case to Go to Trial. https://www.radiofree.org/2025/01/07/anchorage-police-say-they-witnessed-a-sexual-assault-in-public-it-took-seven-years-for-the-case-to-go-to-trial/ https://www.radiofree.org/2025/01/07/anchorage-police-say-they-witnessed-a-sexual-assault-in-public-it-took-seven-years-for-the-case-to-go-to-trial/#respond Tue, 07 Jan 2025 16:00:00 +0000 https://www.propublica.org/article/anchorage-alaska-pretrial-delays-sexual-assault by Kyle Hopkins, Anchorage Daily News

This article was produced for ProPublica’s Local Reporting Network in partnership with the Anchorage Daily News. Sign up for Dispatches to get stories like this one as soon as they are published.

The evidence was overwhelming from the time it all began in 2017. A sexual assault in broad daylight at a popular Anchorage park, with a witness who dialed 911 and described the attack as it was happening. A police officer hoisting the suspect from atop one of the victims, the suspect’s pants still around his knees. DNA evidence corroborating the crime.

Yet in Alaska’s slow-motion court system, it took more than seven years for the case against Fred Tom Hurley III to finally go to trial, in December. Attorneys came and went with the passage of time — a series of six for the defense and four for the prosecution — as judges granted 50 delays. Most of the slowdowns came at the request of Hurley’s lawyers, long before and long after the COVID-19 pandemic paused jury trials across the state. At hearing after hearing, talks concerned scheduling, not the facts of the case.

For the two women Hurley was charged with assaulting, justice delayed meant justice denied in their lifetimes. Both died before the case ever reached the jury.

Told the details of the case, former Florida state prosecutor Melba Pearson called it “a travesty of justice.”

“That’s a travesty. Period. End of story,” said Pearson, who recently co-authored a report on trial delays across the country.

What’s surprising isn’t how long the Hurley case lingered unresolved, but how ordinary it is in Alaska’s court system.

A recent Anchorage Daily News and ProPublica investigation found hundreds of misdemeanor criminal cases in Anchorage thrown out of court because overwhelmed city prosecutors couldn’t meet speedy trial deadlines.

But when it comes to felonies in Anchorage and across the state, the opposite problem often exists for victims and witnesses: a wait of five, seven or even 10 years or more to reach trial, plea agreement or dismissal, often because of defense motions to delay. As a benchmark, the National Center for State Courts says 98% of felonies should be resolved in under a year.

The extreme pretrial delays in Alaska are especially striking because it has one of the nation’s strictest limits on how long cases can drag out: 120 days from the time a person is charged.

In reality, this deadline is rarely met. Over a recent 12-month period, only seven criminal cases went to trial within 120 days in Alaska state courts.

The problem is getting worse. The median time to resolve the most serious felony cases, such as murder and sexual assault, has nearly tripled over the past decade, from just over a year in 2013 to 1,160 days in 2023. About 54% of people held in Alaska jails and prisons last year were there to await trial or, in a smaller number of cases, to await sentencing. That’s up from just 30% in 2016.

A courts spokesperson, Rebecca Koford, said by email that the state “is well aware of the issues with case backlogs and has been actively working to improve time to disposition.” Koford cited an Anchorage presiding judge’s orders limiting when postponements may be used, as well as new training for judges on managing case flows.

“We have made inroads in that direction,” she said, “but it takes time and continues to be exacerbated by the low number of attorneys who are able to handle complex criminal cases."

Some defense attorneys request pretrial delays to cope with overwhelming caseloads. According to the Alaska court system, Hurley’s current attorney, Rex Butler, represents defendants in at least 375 active cases, for example. (In an interview, the attorney said he sometimes hires other lawyers to help with that workload and noted that most cases do not require a jury trial.)

Time is generally a friend to a defendant. Witnesses may get into trouble or their recollections may fade, which could work to your benefit.

—Assistant public advocate Jim Corrigan in an email to a client

Attorneys also can employ delays as a tactic, increasing the odds their clients will walk free as the prosecution’s case ages. Defendants sit in jail or live on monitored release pending trial, but the wait can avert a heftier prison sentence.

The thought was captured in a 2017 email from a state-appointed defense attorney to his client, later made public in a court proceeding.

“Time is generally a friend to a defendant,” assistant public advocate Jim Corrigan wrote. “Witnesses may get into trouble or their recollections may fade, which could work to your benefit.”

The defendant had been questioning why his lawyer asked to delay his sexual assault case.

“You should not be in any hurry to take these cases to trial,” Corrigan replied.

Corrigan did not respond to a recent request for comment.

Terrence Haas, a former judge who oversees public defenders in Alaska, said that any lawyer who believes a delay is necessary or would benefit a client’s case is “bound by the ethics of their profession and duty of loyalty to their client to request a continuance.”

But one person has the power to say no to such requests: the judge. Records show Alaska judges routinely agree to such requests even after years of delays. These preventable failures have existed for more than a decade. What’s more, everyone saw it coming.

Repeated Warnings

Victims advocates in Alaska have raised alarms about pretrial delays over and over again, largely without impact.

“It is not unusual for felony cases to take 2 to 3 years before victims see their case go to trial or result in a plea agreement,” the Alaska Office of Victims’ Rights wrote in 2014. Few judges were giving serious consideration to victims who asked them to speed up the process.

The agency issued similar warnings as the years went by:

  • 2015: Judges often allowed 20 or more status meetings before forcing the two sides to go to trial.

  • 2016: The most common victim complaint is “pre-trial delays allowed by the courts.”

  • 2017: The maxim that “justice delayed is justice denied” could not be more true than for victims of crime in Alaska. “Victims cannot heal or find closure when the wounds caused by the offender are constantly reopened by a prolonged court case. Victims are often held hostage to the system for far too long and in violation of their rights as victims.”

The victims’ rights office laid blame for the delays mostly with judges, particularly judges in Anchorage.

One week in 2018, the agency watched four Anchorage Superior Court judges hold pretrial hearings for 181 criminal cases. The judges let 161 be delayed up to two months. In most cases, the victims’ rights office said, neither the defense attorney nor the prosecutor gave a good reason for the delay. Not once did a judge ask what the victim wanted, the report said.

The next year, the Office of Victims’ Rights accused Anchorage judges of being enablers. “It is up to the judge to control the docket, to adhere to standing court orders, to follow the law and to protect victims’ rights as well as defendants’ rights,” the agency wrote. “Generally, what is seen is more of a rubber stamping of such requests.”

A common delay tactic during the pandemic known as the “off-record continuance” allowed attorneys to delay cases by email and skip court. But it persisted after courts reopened. Records show judges in 2024 allowed off-record continuances in dozens of cases, ranging from a 4-year-old felony assault to a 5-year-old sexual assault to a 6-year-old car theft.

(The Anchorage Daily News and ProPublica delivered questions to all Anchorage Superior Court judges by email and in hard copy, receiving a response from only two judges, who both said they mostly hear civil cases and rarely preside over criminal trials.)

Crime survivors pay a price for the inaction. They take time off work or pay for day care to attend hearings, advocates note. Victims fight to calm the pit in their stomachs before stepping into a courtroom, only to find the event is canceled.

The Office of Victims’ Rights in May filed paperwork on behalf of the alleged victim in a 2017 sexual abuse case, demanding the court honor the woman’s right to “timely disposition” under the Alaska Constitution. The agency asked Superior Court Judge Jack McKenna to hold a trial in June so that the woman and her family could move on with their lives. The judge delayed the case once again.

McKenna did not respond to an email or questions delivered to his courthouse mailbox. But Koford, the court spokesperson, said the trial in the 2017 case had to be delayed because the defense attorney was scheduled to appear in another trial. Other delays were because the prosecutor was unavailable.

The state of Alaska’s criminal justice system is operating on the fringes, barely able to protect against the deprivation of fundamental rights, barely able to respond in a professionally responsible manner.

—Fairbanks Superior Court Judge Michael MacDonald

Koford said the case illustrated Alaska’s shortage of experienced attorneys to handle major felonies, which often leaves judges with a choice between postponing a trial and forcing one with unprepared attorneys, unavailable witnesses or an incomplete examination of evidence.

“A victim’s right to a speedy trial is important,” Koford said, “but it is also important to try a case correctly the first time.”

One judge has publicly blamed backups on lawmakers and governors, whom he accused of skimping on money for public defenders.

Fairbanks Superior Court Judge Michael MacDonald was presiding over a case in 2019 involving the beating death of an Alaska Native woman in a Yukon River village. It was less than 2 years old and about to go before a jury. The defendant admitted to the killing.

Then the defendant’s state-appointed attorney requested a delay, saying she had been juggling 200 cases at once, felt burned out and couldn’t ethically move forward with a trial. (A 1998 audit for the Alaska Legislature said public defenders can “ethically” handle no more than 59 cases in a 60-hour workweek.)

MacDonald described the request as a sign of dysfunction.

“The state of Alaska’s criminal justice system is operating on the fringes,” MacDonald wrote, “barely able to protect against the deprivation of fundamental rights, barely able to respond in a professionally responsible manner” to violent crime.

He went ahead and ordered the trial postponed. The defendant eventually pleaded guilty to second-degree murder under an agreement with the prosecution. (The judge has since retired but declined to be interviewed for this story, saying he still occasionally fills in for other judges and presides over cases.)

Seven Years, No Trial

At the December sexual assault trial for Hurley in Anchorage, few people were more eager to see the case concluded than Eva Foxglove. The 53-year-old mother was the one who called 911 during the attack. Foxglove didn’t know the women, but she said she had been sexually assaulted before and knew they might not be able or willing to testify when the time arrived.

“I have to come and do this for them,” she told the jury.

The events Foxglove watched unfold in 2017 had their origins shortly after Hurley’s release from jail on a previous sexual assault charge.

Accused of sexually assaulting a woman in her home, Hurley was acquitted at trial, walked out of jail and wrote on Facebook July 13, 2017, “What’s up free at last.” Two days later, he showed up at an Anchorage soup kitchen, where he met the two women he was later charged with attacking, according to a police report.

The report said the three of them walked to the Delaney Park Strip, several city blocks of grass that skirt a gleaming oil company tower and the governor’s office building. One alleged victim told police Hurley said she was beautiful and tried to kiss her but that she turned her head and told him she was engaged to be married, the report said.

The Delaney Park Strip is a popular park that covers several city blocks in the heart of Anchorage. (Loren Holmes/Anchorage Daily News)

Foxglove recalled in a recent interview that she was charging her phone at an outlet in the park. It was about 4 p.m. in the thick of tourist season, 68 degrees under a clear, bright sky.

The women seemed to pass out after drinking from a half-gallon bottle, Foxglove said. She could see Hurley moving on top of one and then the other, she said. “I was like, ‘What the fuck is he doing?’” Foxglove said. Shortly after she dialed 911, a police officer jogged up to Hurley and yanked him from one of the two women, the officer, now a sergeant, told jurors in December.

Police later collected DNA matching Hurley’s from the second woman’s body and from the first woman’s clothing.

The case was assigned to Anchorage Superior Court Judge Kevin Saxby and given a trial date of Oct. 9, 2017. But that date came and went. Saxby and other judges agreed to delay the trial 50 times, most often at the request of Hurley’s lawyers. One example: Hurley’s attorney wanted to see the criminal records of the two alleged victims.

Saxby did not respond to emailed and hand-delivered questions. Koford, the court system spokesperson, said judges generally do not comment on their actions for “fairness and due process reasons” and “cannot and do not comment on decision-making and reasoning in a case.”

One of the alleged victims was described in enough detail in police reports for the Daily News and ProPublica to track down additional information about her life. She lived unhoused and was listed in police reports as a victim in at least two prior sexual assault cases.

The woman told officers that she had passed out and awoke to find Hurley on top of her, police records say. A charging document quoted her using the word “rape” to describe what happened. Unlike the arriving police officer, the woman could testify not only to sexual contact, but also her lack of consent.

She never got the chance.

A passerby found her body outside a public library in Anchorage on April 19, 2019, some time between Hurley’s 19th pretrial delay and his 20th. Police said there was no evidence of a crime. At some other point during the long wait for Hurley’s trial, the second woman died as well.

Prosecutors had the DNA and witnesses who could establish sexual contact. But without the victims, prosecutors needed to show that they were incapacitated and therefore inherently incapable of agreeing to sex. The job fell largely to Foxglove. On the witness stand, she wore an oversized T-shirt and loose ponytail. “I’ve never been to court before,” she told the jury. But she recounted the events from seven years ago clearly, with greater precision and consistency than she’d offered in an earlier interview with a reporter.

Eva Foxglove testifies during Fred Tom Hurley III’s sexual assault trial at the Nesbett Courthouse in Anchorage in December. (Loren Holmes/Anchorage Daily News)

When Butler, Hurley’s defense attorney, challenged her statement that the two women were passed out — rather than simply asleep — she never flinched. She could tell when someone wasn’t just napping but dead-to-the-world unconscious, she told the jury.

“I was a drunk. I know what sleep is. When you want to sleep you lay down and go to sleep. But when you drink so much, you pass out,” she said. “I know the difference, and I see.”

Fred Tom Hurley III, left, talks with his attorney, Rex Butler, during his trial. (Loren Holmes/Anchorage Daily News)

After seven years of delays, Hurley’s attorney gave no opening statement and did not call any witnesses. The trial took five days, including two days of jury selection.

The jurors returned their decision within two hours on Dec. 10: guilty on five of six felony sexual assault charges. As of Monday, the state court website indicated Hurley has not filed an appeal.

In the Defendant’s Favor

Although the Hurley case ended in a conviction, delays have worked to the defendants’ advantage in other Alaska criminal cases.

A man held at Fairbanks Correctional Center for two years without a trial had his drug charges thrown out after asserting his attorney waived his speedy trial rights violation without his consent.

And since October, at least 10 pretrial inmates at the Goose Creek Correctional Center have filed petitions in federal court challenging their state detention. They allege the state violated their speedy trial rights and in some cases appointed unreliable public defenders, saying they never signed forms saying they wanted to stop the 120-day countdown to a trial. Federal judges dismissed four of the petitions, while another six are awaiting a decision.

Haas, the official who supervises Alaska public defenders, said he wasn’t familiar with the petitions but said it’s not uncommon for defense attorneys and their clients to disagree about how long it will take to get ready for trial. “During the pandemic, of course, that got a little bit more extreme in terms of what delays were going on,” he said.

Pretrial delays can lead to a reversal for prosecutors even if they’ve won a conviction.

In a recent decision that could have far-reaching impact in Alaska, a man convicted of sexually abusing children succeeded in forcing the Superior Court to revisit his case.

Police arrested Ralph Hernandez in 2011 after an 11-year-old girl told her friend about the alleged abuse. Prosecutors said he abused, tortured or sexually assaulted children from toddlers to teenagers.

Over the seven years that it took the case to get to trial, Hernandez repeatedly voiced his demand for a speedy trial, often over the objections of his public defender. A jury convicted Hernandez of three counts of first-degree sexual abuse of a minor and one count of attempted second-degree sexual abuse of a minor.

But Alaska’s appeals court ruled in February that Hernandez had proven his pretrial delays were “presumptively prejudicial” and sent the case back to lower court for review.

In the 1978 federal ruling that set the precedent for the Hernandez case, the 9th U.S. Circuit Court of Appeals made clear that states can’t get away with violating speedy trial rights simply by blaming a shortage of public defenders or prosecutors.

“A state government’s allocation of resources plays a major role in creating congested dockets, and it is unfair to require defendants to bear the entire burden that results from the government’s fiscal decisions,” the court wrote. “There must be a point at which delay due to a congested docket becomes so unacceptable that by itself it violates the right to a speedy trial.”

Although defendants may object to endless delays, they can benefit from them as time eats away at the prosecution’s case.

“We as prosecutors are obligated to present evidence in court and persuade a jury beyond a reasonable doubt about what happened,” said John Skidmore, Alaska deputy attorney general. “But when memories fade and people are less certain about what happened at some point in the past, that makes it more difficult for us to meet those burdens.”

Especially in cases of sexual violence, it’s prosecutors who are in a race against time. Often the evidence rests on a survivor’s word against an attacker’s. Losing the alleged victim’s testimony — a likelier outcome each day without a trial — can crush a prosecutor’s odds of a conviction.

It happened, a prosecutor said, in the case of Andre Corcoran.

“What She Deserved”

The charges say Corcoran met his alleged victim, an unhoused woman taking cooking classes at a soup kitchen, shortly after moving to Alaska. The woman told police Corcoran seemed safe because he volunteered to clear kitchen tables. When Corcoran told her he had no place to stay, the woman offered to show him an abandoned tent.

Inside, according to the charging document, Corcoran and the woman began kissing, but she said she felt uncomfortable and asked him to stop. The charging document says Corcoran admitted to holding her down and attempting to have sex as she screamed for help. A police report on Corcoran’s arrest describes his subsequent interview with a detective.

“I think women need to be raped,” Corcoran told the detective, according to a transcript. The defendant said his only regret was not completing the act, the report said.

She wanted to make sure that he was held accountable for what he did and that he wouldn’t be able to do this again.

—Prosecutor Betsy Bull

A grand jury indicted Corcoran on Aug. 30, 2018, on felony sexual assault charges. He waited in jail as defense attorneys had the case delayed at least 11 times. Still, when it finally reached trial in late April, Corcoran’s alleged victim was willing to testify despite suffering anxiety, a prosecutor later said.

“She wanted to make sure that he was held accountable for what he did and that he wouldn’t be able to do this again,” prosecutor Betsy Bull told the court.

Then the judge declared a mistrial. Corcoran’s attorney said he wasn’t told the alleged victim had a boyfriend at the time the assault was reported — which the attorney said gave the woman a potential motive to lie and cover up consensual sex with another man.

The prosecution was ready to give it a second try this fall, but as the new trial date approached, Corcoran’s alleged victim died of severe burns after her tent caught fire.

Bull said she was forced to offer a deal that let Corcoran plead guilty to a single count of felony assault. He would be sentenced to time served — his years in jail awaiting trial — and would not have to register as a sex offender. The prosecutor told the judge it was the best she could do.

“It’s not, from the state’s perspective, because he didn’t do it,” Bull said.

The courtroom was empty. No jury. No spectators. The judge asked the defendant if he wanted to say anything, and Corcoran stood.

“I do feel bad about who I used to be,” he said. “And I have made changes to who I want to be. I want to be a better person.”

Corcoran’s attorney, Jaffer Khimani, said Corcoran’s expression of remorse “was sincere to me.” Khimani said he was unaware of something else that, according to a report filed by a police detective, his client imparted moments after.

The report said Corcoran spoke to the court officer who escorted him to an elevator on his way to being set free.

It quoted Corcoran saying something very different from what he’d told the judge about his actions: “She got what she deserved.”


This content originally appeared on ProPublica and was authored by by Kyle Hopkins, Anchorage Daily News.

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Anchorage Police Say They Witnessed a Sexual Assault in Public. It Took Seven Years for the Case to Go to Trial. https://www.radiofree.org/2025/01/07/anchorage-police-say-they-witnessed-a-sexual-assault-in-public-it-took-seven-years-for-the-case-to-go-to-trial/ https://www.radiofree.org/2025/01/07/anchorage-police-say-they-witnessed-a-sexual-assault-in-public-it-took-seven-years-for-the-case-to-go-to-trial/#respond Tue, 07 Jan 2025 16:00:00 +0000 https://www.propublica.org/article/anchorage-alaska-pretrial-delays-sexual-assault by Kyle Hopkins, Anchorage Daily News

This article was produced for ProPublica’s Local Reporting Network in partnership with the Anchorage Daily News. Sign up for Dispatches to get stories like this one as soon as they are published.

The evidence was overwhelming from the time it all began in 2017. A sexual assault in broad daylight at a popular Anchorage park, with a witness who dialed 911 and described the attack as it was happening. A police officer hoisting the suspect from atop one of the victims, the suspect’s pants still around his knees. DNA evidence corroborating the crime.

Yet in Alaska’s slow-motion court system, it took more than seven years for the case against Fred Tom Hurley III to finally go to trial, in December. Attorneys came and went with the passage of time — a series of six for the defense and four for the prosecution — as judges granted 50 delays. Most of the slowdowns came at the request of Hurley’s lawyers, long before and long after the COVID-19 pandemic paused jury trials across the state. At hearing after hearing, talks concerned scheduling, not the facts of the case.

For the two women Hurley was charged with assaulting, justice delayed meant justice denied in their lifetimes. Both died before the case ever reached the jury.

Told the details of the case, former Florida state prosecutor Melba Pearson called it “a travesty of justice.”

“That’s a travesty. Period. End of story,” said Pearson, who recently co-authored a report on trial delays across the country.

What’s surprising isn’t how long the Hurley case lingered unresolved, but how ordinary it is in Alaska’s court system.

A recent Anchorage Daily News and ProPublica investigation found hundreds of misdemeanor criminal cases in Anchorage thrown out of court because overwhelmed city prosecutors couldn’t meet speedy trial deadlines.

But when it comes to felonies in Anchorage and across the state, the opposite problem often exists for victims and witnesses: a wait of five, seven or even 10 years or more to reach trial, plea agreement or dismissal, often because of defense motions to delay. As a benchmark, the National Center for State Courts says 98% of felonies should be resolved in under a year.

The extreme pretrial delays in Alaska are especially striking because it has one of the nation’s strictest limits on how long cases can drag out: 120 days from the time a person is charged.

In reality, this deadline is rarely met. Over a recent 12-month period, only seven criminal cases went to trial within 120 days in Alaska state courts.

The problem is getting worse. The median time to resolve the most serious felony cases, such as murder and sexual assault, has nearly tripled over the past decade, from just over a year in 2013 to 1,160 days in 2023. About 54% of people held in Alaska jails and prisons last year were there to await trial or, in a smaller number of cases, to await sentencing. That’s up from just 30% in 2016.

A courts spokesperson, Rebecca Koford, said by email that the state “is well aware of the issues with case backlogs and has been actively working to improve time to disposition.” Koford cited an Anchorage presiding judge’s orders limiting when postponements may be used, as well as new training for judges on managing case flows.

“We have made inroads in that direction,” she said, “but it takes time and continues to be exacerbated by the low number of attorneys who are able to handle complex criminal cases."

Some defense attorneys request pretrial delays to cope with overwhelming caseloads. According to the Alaska court system, Hurley’s current attorney, Rex Butler, represents defendants in at least 375 active cases, for example. (In an interview, the attorney said he sometimes hires other lawyers to help with that workload and noted that most cases do not require a jury trial.)

Time is generally a friend to a defendant. Witnesses may get into trouble or their recollections may fade, which could work to your benefit.

—Assistant public advocate Jim Corrigan in an email to a client

Attorneys also can employ delays as a tactic, increasing the odds their clients will walk free as the prosecution’s case ages. Defendants sit in jail or live on monitored release pending trial, but the wait can avert a heftier prison sentence.

The thought was captured in a 2017 email from a state-appointed defense attorney to his client, later made public in a court proceeding.

“Time is generally a friend to a defendant,” assistant public advocate Jim Corrigan wrote. “Witnesses may get into trouble or their recollections may fade, which could work to your benefit.”

The defendant had been questioning why his lawyer asked to delay his sexual assault case.

“You should not be in any hurry to take these cases to trial,” Corrigan replied.

Corrigan did not respond to a recent request for comment.

Terrence Haas, a former judge who oversees public defenders in Alaska, said that any lawyer who believes a delay is necessary or would benefit a client’s case is “bound by the ethics of their profession and duty of loyalty to their client to request a continuance.”

But one person has the power to say no to such requests: the judge. Records show Alaska judges routinely agree to such requests even after years of delays. These preventable failures have existed for more than a decade. What’s more, everyone saw it coming.

Repeated Warnings

Victims advocates in Alaska have raised alarms about pretrial delays over and over again, largely without impact.

“It is not unusual for felony cases to take 2 to 3 years before victims see their case go to trial or result in a plea agreement,” the Alaska Office of Victims’ Rights wrote in 2014. Few judges were giving serious consideration to victims who asked them to speed up the process.

The agency issued similar warnings as the years went by:

  • 2015: Judges often allowed 20 or more status meetings before forcing the two sides to go to trial.

  • 2016: The most common victim complaint is “pre-trial delays allowed by the courts.”

  • 2017: The maxim that “justice delayed is justice denied” could not be more true than for victims of crime in Alaska. “Victims cannot heal or find closure when the wounds caused by the offender are constantly reopened by a prolonged court case. Victims are often held hostage to the system for far too long and in violation of their rights as victims.”

The victims’ rights office laid blame for the delays mostly with judges, particularly judges in Anchorage.

One week in 2018, the agency watched four Anchorage Superior Court judges hold pretrial hearings for 181 criminal cases. The judges let 161 be delayed up to two months. In most cases, the victims’ rights office said, neither the defense attorney nor the prosecutor gave a good reason for the delay. Not once did a judge ask what the victim wanted, the report said.

The next year, the Office of Victims’ Rights accused Anchorage judges of being enablers. “It is up to the judge to control the docket, to adhere to standing court orders, to follow the law and to protect victims’ rights as well as defendants’ rights,” the agency wrote. “Generally, what is seen is more of a rubber stamping of such requests.”

A common delay tactic during the pandemic known as the “off-record continuance” allowed attorneys to delay cases by email and skip court. But it persisted after courts reopened. Records show judges in 2024 allowed off-record continuances in dozens of cases, ranging from a 4-year-old felony assault to a 5-year-old sexual assault to a 6-year-old car theft.

(The Anchorage Daily News and ProPublica delivered questions to all Anchorage Superior Court judges by email and in hard copy, receiving a response from only two judges, who both said they mostly hear civil cases and rarely preside over criminal trials.)

Crime survivors pay a price for the inaction. They take time off work or pay for day care to attend hearings, advocates note. Victims fight to calm the pit in their stomachs before stepping into a courtroom, only to find the event is canceled.

The Office of Victims’ Rights in May filed paperwork on behalf of the alleged victim in a 2017 sexual abuse case, demanding the court honor the woman’s right to “timely disposition” under the Alaska Constitution. The agency asked Superior Court Judge Jack McKenna to hold a trial in June so that the woman and her family could move on with their lives. The judge delayed the case once again.

McKenna did not respond to an email or questions delivered to his courthouse mailbox. But Koford, the court spokesperson, said the trial in the 2017 case had to be delayed because the defense attorney was scheduled to appear in another trial. Other delays were because the prosecutor was unavailable.

The state of Alaska’s criminal justice system is operating on the fringes, barely able to protect against the deprivation of fundamental rights, barely able to respond in a professionally responsible manner.

—Fairbanks Superior Court Judge Michael MacDonald

Koford said the case illustrated Alaska’s shortage of experienced attorneys to handle major felonies, which often leaves judges with a choice between postponing a trial and forcing one with unprepared attorneys, unavailable witnesses or an incomplete examination of evidence.

“A victim’s right to a speedy trial is important,” Koford said, “but it is also important to try a case correctly the first time.”

One judge has publicly blamed backups on lawmakers and governors, whom he accused of skimping on money for public defenders.

Fairbanks Superior Court Judge Michael MacDonald was presiding over a case in 2019 involving the beating death of an Alaska Native woman in a Yukon River village. It was less than 2 years old and about to go before a jury. The defendant admitted to the killing.

Then the defendant’s state-appointed attorney requested a delay, saying she had been juggling 200 cases at once, felt burned out and couldn’t ethically move forward with a trial. (A 1998 audit for the Alaska Legislature said public defenders can “ethically” handle no more than 59 cases in a 60-hour workweek.)

MacDonald described the request as a sign of dysfunction.

“The state of Alaska’s criminal justice system is operating on the fringes,” MacDonald wrote, “barely able to protect against the deprivation of fundamental rights, barely able to respond in a professionally responsible manner” to violent crime.

He went ahead and ordered the trial postponed. The defendant eventually pleaded guilty to second-degree murder under an agreement with the prosecution. (The judge has since retired but declined to be interviewed for this story, saying he still occasionally fills in for other judges and presides over cases.)

Seven Years, No Trial

At the December sexual assault trial for Hurley in Anchorage, few people were more eager to see the case concluded than Eva Foxglove. The 53-year-old mother was the one who called 911 during the attack. Foxglove didn’t know the women, but she said she had been sexually assaulted before and knew they might not be able or willing to testify when the time arrived.

“I have to come and do this for them,” she told the jury.

The events Foxglove watched unfold in 2017 had their origins shortly after Hurley’s release from jail on a previous sexual assault charge.

Accused of sexually assaulting a woman in her home, Hurley was acquitted at trial, walked out of jail and wrote on Facebook July 13, 2017, “What’s up free at last.” Two days later, he showed up at an Anchorage soup kitchen, where he met the two women he was later charged with attacking, according to a police report.

The report said the three of them walked to the Delaney Park Strip, several city blocks of grass that skirt a gleaming oil company tower and the governor’s office building. One alleged victim told police Hurley said she was beautiful and tried to kiss her but that she turned her head and told him she was engaged to be married, the report said.

The Delaney Park Strip is a popular park that covers several city blocks in the heart of Anchorage. (Loren Holmes/Anchorage Daily News)

Foxglove recalled in a recent interview that she was charging her phone at an outlet in the park. It was about 4 p.m. in the thick of tourist season, 68 degrees under a clear, bright sky.

The women seemed to pass out after drinking from a half-gallon bottle, Foxglove said. She could see Hurley moving on top of one and then the other, she said. “I was like, ‘What the fuck is he doing?’” Foxglove said. Shortly after she dialed 911, a police officer jogged up to Hurley and yanked him from one of the two women, the officer, now a sergeant, told jurors in December.

Police later collected DNA matching Hurley’s from the second woman’s body and from the first woman’s clothing.

The case was assigned to Anchorage Superior Court Judge Kevin Saxby and given a trial date of Oct. 9, 2017. But that date came and went. Saxby and other judges agreed to delay the trial 50 times, most often at the request of Hurley’s lawyers. One example: Hurley’s attorney wanted to see the criminal records of the two alleged victims.

Saxby did not respond to emailed and hand-delivered questions. Koford, the court system spokesperson, said judges generally do not comment on their actions for “fairness and due process reasons” and “cannot and do not comment on decision-making and reasoning in a case.”

One of the alleged victims was described in enough detail in police reports for the Daily News and ProPublica to track down additional information about her life. She lived unhoused and was listed in police reports as a victim in at least two prior sexual assault cases.

The woman told officers that she had passed out and awoke to find Hurley on top of her, police records say. A charging document quoted her using the word “rape” to describe what happened. Unlike the arriving police officer, the woman could testify not only to sexual contact, but also her lack of consent.

She never got the chance.

A passerby found her body outside a public library in Anchorage on April 19, 2019, some time between Hurley’s 19th pretrial delay and his 20th. Police said there was no evidence of a crime. At some other point during the long wait for Hurley’s trial, the second woman died as well.

Prosecutors had the DNA and witnesses who could establish sexual contact. But without the victims, prosecutors needed to show that they were incapacitated and therefore inherently incapable of agreeing to sex. The job fell largely to Foxglove. On the witness stand, she wore an oversized T-shirt and loose ponytail. “I’ve never been to court before,” she told the jury. But she recounted the events from seven years ago clearly, with greater precision and consistency than she’d offered in an earlier interview with a reporter.

Eva Foxglove testifies during Fred Tom Hurley III’s sexual assault trial at the Nesbett Courthouse in Anchorage in December. (Loren Holmes/Anchorage Daily News)

When Butler, Hurley’s defense attorney, challenged her statement that the two women were passed out — rather than simply asleep — she never flinched. She could tell when someone wasn’t just napping but dead-to-the-world unconscious, she told the jury.

“I was a drunk. I know what sleep is. When you want to sleep you lay down and go to sleep. But when you drink so much, you pass out,” she said. “I know the difference, and I see.”

Fred Tom Hurley III, left, talks with his attorney, Rex Butler, during his trial. (Loren Holmes/Anchorage Daily News)

After seven years of delays, Hurley’s attorney gave no opening statement and did not call any witnesses. The trial took five days, including two days of jury selection.

The jurors returned their decision within two hours on Dec. 10: guilty on five of six felony sexual assault charges. As of Monday, the state court website indicated Hurley has not filed an appeal.

In the Defendant’s Favor

Although the Hurley case ended in a conviction, delays have worked to the defendants’ advantage in other Alaska criminal cases.

A man held at Fairbanks Correctional Center for two years without a trial had his drug charges thrown out after asserting his attorney waived his speedy trial rights violation without his consent.

And since October, at least 10 pretrial inmates at the Goose Creek Correctional Center have filed petitions in federal court challenging their state detention. They allege the state violated their speedy trial rights and in some cases appointed unreliable public defenders, saying they never signed forms saying they wanted to stop the 120-day countdown to a trial. Federal judges dismissed four of the petitions, while another six are awaiting a decision.

Haas, the official who supervises Alaska public defenders, said he wasn’t familiar with the petitions but said it’s not uncommon for defense attorneys and their clients to disagree about how long it will take to get ready for trial. “During the pandemic, of course, that got a little bit more extreme in terms of what delays were going on,” he said.

Pretrial delays can lead to a reversal for prosecutors even if they’ve won a conviction.

In a recent decision that could have far-reaching impact in Alaska, a man convicted of sexually abusing children succeeded in forcing the Superior Court to revisit his case.

Police arrested Ralph Hernandez in 2011 after an 11-year-old girl told her friend about the alleged abuse. Prosecutors said he abused, tortured or sexually assaulted children from toddlers to teenagers.

Over the seven years that it took the case to get to trial, Hernandez repeatedly voiced his demand for a speedy trial, often over the objections of his public defender. A jury convicted Hernandez of three counts of first-degree sexual abuse of a minor and one count of attempted second-degree sexual abuse of a minor.

But Alaska’s appeals court ruled in February that Hernandez had proven his pretrial delays were “presumptively prejudicial” and sent the case back to lower court for review.

In the 1978 federal ruling that set the precedent for the Hernandez case, the 9th U.S. Circuit Court of Appeals made clear that states can’t get away with violating speedy trial rights simply by blaming a shortage of public defenders or prosecutors.

“A state government’s allocation of resources plays a major role in creating congested dockets, and it is unfair to require defendants to bear the entire burden that results from the government’s fiscal decisions,” the court wrote. “There must be a point at which delay due to a congested docket becomes so unacceptable that by itself it violates the right to a speedy trial.”

Although defendants may object to endless delays, they can benefit from them as time eats away at the prosecution’s case.

“We as prosecutors are obligated to present evidence in court and persuade a jury beyond a reasonable doubt about what happened,” said John Skidmore, Alaska deputy attorney general. “But when memories fade and people are less certain about what happened at some point in the past, that makes it more difficult for us to meet those burdens.”

Especially in cases of sexual violence, it’s prosecutors who are in a race against time. Often the evidence rests on a survivor’s word against an attacker’s. Losing the alleged victim’s testimony — a likelier outcome each day without a trial — can crush a prosecutor’s odds of a conviction.

It happened, a prosecutor said, in the case of Andre Corcoran.

“What She Deserved”

The charges say Corcoran met his alleged victim, an unhoused woman taking cooking classes at a soup kitchen, shortly after moving to Alaska. The woman told police Corcoran seemed safe because he volunteered to clear kitchen tables. When Corcoran told her he had no place to stay, the woman offered to show him an abandoned tent.

Inside, according to the charging document, Corcoran and the woman began kissing, but she said she felt uncomfortable and asked him to stop. The charging document says Corcoran admitted to holding her down and attempting to have sex as she screamed for help. A police report on Corcoran’s arrest describes his subsequent interview with a detective.

“I think women need to be raped,” Corcoran told the detective, according to a transcript. The defendant said his only regret was not completing the act, the report said.

She wanted to make sure that he was held accountable for what he did and that he wouldn’t be able to do this again.

—Prosecutor Betsy Bull

A grand jury indicted Corcoran on Aug. 30, 2018, on felony sexual assault charges. He waited in jail as defense attorneys had the case delayed at least 11 times. Still, when it finally reached trial in late April, Corcoran’s alleged victim was willing to testify despite suffering anxiety, a prosecutor later said.

“She wanted to make sure that he was held accountable for what he did and that he wouldn’t be able to do this again,” prosecutor Betsy Bull told the court.

Then the judge declared a mistrial. Corcoran’s attorney said he wasn’t told the alleged victim had a boyfriend at the time the assault was reported — which the attorney said gave the woman a potential motive to lie and cover up consensual sex with another man.

The prosecution was ready to give it a second try this fall, but as the new trial date approached, Corcoran’s alleged victim died of severe burns after her tent caught fire.

Bull said she was forced to offer a deal that let Corcoran plead guilty to a single count of felony assault. He would be sentenced to time served — his years in jail awaiting trial — and would not have to register as a sex offender. The prosecutor told the judge it was the best she could do.

“It’s not, from the state’s perspective, because he didn’t do it,” Bull said.

The courtroom was empty. No jury. No spectators. The judge asked the defendant if he wanted to say anything, and Corcoran stood.

“I do feel bad about who I used to be,” he said. “And I have made changes to who I want to be. I want to be a better person.”

Corcoran’s attorney, Jaffer Khimani, said Corcoran’s expression of remorse “was sincere to me.” Khimani said he was unaware of something else that, according to a report filed by a police detective, his client imparted moments after.

The report said Corcoran spoke to the court officer who escorted him to an elevator on his way to being set free.

It quoted Corcoran saying something very different from what he’d told the judge about his actions: “She got what she deserved.”


This content originally appeared on ProPublica and was authored by by Kyle Hopkins, Anchorage Daily News.

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Former Vietnamese lawmakers on trial for corruption https://rfa.org/english/vietnam/2025/01/07/lawmakers-corruption-trial/ https://rfa.org/english/vietnam/2025/01/07/lawmakers-corruption-trial/#respond Tue, 07 Jan 2025 09:15:33 +0000 https://rfa.org/english/vietnam/2025/01/07/lawmakers-corruption-trial/ Read more on this topic in Vietnamese.

Two former members of Vietnam’s National Assembly went on trial for corruption on Tuesday, state media reported, the latest prosecutions in a sweeping anti-graft campaign known as the “blazing furnace”.

Luu Binh Nhuong, 61, is accused of extortion and taking advantage of his position and power to influence others for personal gain, under articles 170 and 358 of the criminal code. He faces a maximum sentence of 20 years or life in prison.

Prosecutors say Nhuong abused his position as deputy head of the National Assembly’s petition committee. They say he called the deputy director of the province’s police to ask him to turn a blind eye while gangsters extorted money from businesses. He also allegedly used his position to receive a wire transfer for US$300,000.

Fellow parliamentary delegate Le Thanh Van, 60, is accused of conspiring with Nhuong to commit fraud. Prosecutors say he signed four documents allowing him to benefit from the sale of land worth more than $70,000 and earn a further $77,000 from a land project.

In July 2023, Van allegedly asked leaders of Quang Ninh province to help the Truong Sinh Company get a license to develop land in the Bac Son valley, benefitting to the sum of $2,300. He is being prosecuted under article 358 of the criminal code and faces a maximum 20 years or life in prison.

Nhuong was arrested in November 2023 and Van in July 2024 and both have been held in detention since then.

Three other people are being tried in connection with the case: Nguyen Van Vuong, 49, a former specialist in the legal department of the office of the president; Pham Minh Cuong, 39, who has three previous convictions; and Vu Dang Phuong, 43. Vuong is accused of abusing his position and power to influence others for personal gain. Cuong and Phuong are accused of extortion. All three are serving sentences for other crimes.

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The Communist Party’s “blazing furnace” campaign, aimed at weeding out corruption in the party and the business world, has led to the prosecution of hundreds of political and business people.

However, some critics say the campaign has also been used by leaders in the party to go after rivals.

Nhuong was a member of the 14th National Assembly of Vietnam for the 2016-2021 term and a member of the National Assembly’s Social Affairs Committee. He is currently deputy head of the National Assembly’s People’s Petitions but was not recommended for re-election because of his age..

During the November 2018 parliamentary session Nhuong criticized the public security ministry, formerly headed by Communist Party General Secretary To Lam. He also said the police had made “terrible mistakes.”

Translated by RFA Vietnamese. Edited by Mike Firn.


This content originally appeared on Radio Free Asia and was authored by RFA Vietnamese.

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7 Azerbaijani journalists with anti-corruption outlet, RFE/RL go on trial  https://www.radiofree.org/2024/12/17/7-azerbaijani-journalists-with-anti-corruption-outlet-rfe-rl-go-on-trial/ https://www.radiofree.org/2024/12/17/7-azerbaijani-journalists-with-anti-corruption-outlet-rfe-rl-go-on-trial/#respond Tue, 17 Dec 2024 21:50:01 +0000 https://cpj.org/?p=440695 New York, December 17, 2024 – The Committee to Protect Journalists calls on Azerbaijani authorities to drop charges against six members of the anti-corruption investigative outlet Abzas Media and freelance journalist Farid Mehralizada, with U.S. Congress-funded Radio Free Europe/Radio Liberty’s (RFE/RL) Azerbaijani service, as a trial began Tuesday in the Serious Crimes Court of the capital, Baku.

“The trial of RFE/RL’s Farid Mehralizada and six members of Azerbaijan’s most prominent anti-corruption investigative outlet, Abzas Media, epitomizes the way the Azerbaijani government has used retaliatory criminal charges to lock up vast swathes of the country’s leading independent journalists over the past year,” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator. “Azerbaijani authorities should immediately drop the charges against nearly two dozen journalists, including Mehralizada and the Abzas Media staff, who are currently on or awaiting trial and release them all.”

Police arrested Abzas Media director Ulvi Hasanli, chief editor Sevinj Vagifgizi, project coordinator Mahammad Kekalov, and reporters Hafiz BabaliNargiz Absalamova, and Elnara Gasimova between November 2023 and January 2024 on charges of conspiring to smuggle currency, accusing the outlet of illegally receiving Western donor funds. In May, police arrested Mehralizada, an economist who contributed anonymously to RFE/RL, as part of the Abzas Media case, though both Abzas Media and Mehralizada denied that he was connected to the outlet.

The journalists are among more than 20 journalists and media workers charged with serious crimes in a major crackdown on the independent press and civil society in Azerbaijan since November 2023. Most of the journalists, who hail from some of Azerbaijan’s most prominent independent media, have been arrested on similar currency smuggling charges related to alleged Western funding, amid a decline in relations between Azerbaijan and the West.

In August, authorities brought seven additional economic crime charges against the Abzas Media journalists and Mehralizada, including tax evasion and money laundering, which could see them jailed for up to 12 years.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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Myanmar rebel group sentences six to death in public trial | Radio Free Asia (RFA) https://www.radiofree.org/2024/12/06/myanmar-rebel-group-sentences-six-to-death-in-public-trial-radio-free-asia-rfa/ https://www.radiofree.org/2024/12/06/myanmar-rebel-group-sentences-six-to-death-in-public-trial-radio-free-asia-rfa/#respond Fri, 06 Dec 2024 21:14:55 +0000 http://www.radiofree.org/?guid=bc1eecbeeee054c7da154935592847f4
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Myanmar rebel group sentences six to death in public trial | Radio Free Asia (RFA) https://www.radiofree.org/2024/12/06/myanmar-rebel-group-sentences-six-to-death-in-public-trial-radio-free-asia-rfa-2/ https://www.radiofree.org/2024/12/06/myanmar-rebel-group-sentences-six-to-death-in-public-trial-radio-free-asia-rfa-2/#respond Fri, 06 Dec 2024 20:50:27 +0000 http://www.radiofree.org/?guid=b014f626e174182cb1023bc0af4513fb
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What Jimmy Lai’s ‘sham’ trial means for Hong Kong’s freedom: RFA Insider #20 https://www.radiofree.org/2024/11/22/what-jimmy-lais-sham-trial-means-for-hong-kongs-freedom-rfa-insider-20/ https://www.radiofree.org/2024/11/22/what-jimmy-lais-sham-trial-means-for-hong-kongs-freedom-rfa-insider-20/#respond Fri, 22 Nov 2024 21:50:04 +0000 http://www.radiofree.org/?guid=aaedae989ee03d6e3c361bbdaffbc7e6
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What Jimmy Lai’s ‘sham’ trial means for Hong Kong’s freedom: RFA Insider #20 https://rfa.org/english/rfainsider/2024/11/22/jimmy-lai-trial-national-security-kimchi-laos-methanol-north-korea-taekwon-do-taekwondo-tongil-pattern/ https://rfa.org/english/rfainsider/2024/11/22/jimmy-lai-trial-national-security-kimchi-laos-methanol-north-korea-taekwon-do-taekwondo-tongil-pattern/#respond Fri, 22 Nov 2024 21:31:26 +0000 https://rfa.org/english/rfainsider/2024/11/22/jimmy-lai-trial-national-security-kimchi-laos-methanol-north-korea-taekwon-do-taekwondo-tongil-pattern/ In the wake of Hong Kong’s largest trial thus far under the national security law, which saw 45 pro-democracy activists handed jail sentences, Eugene and Amy turn their attention to the ongoing trial of Hong Kong media mogul Jimmy Lai.

Off Beat

As the founder of popular clothing retailer Giordano and media company Next Digital, businessman Jimmy Lai had established himself as a household name in Hong Kong long before the world began to learn of him following his arrest in 2020. Under the newly passed National Security Law, Lai and other executives of his Apple Daily newspaper, an independent outlet with a pro-democracy bend, were arrested and charged on suspicion of colluding with foreign forces. Other charges were soon stacked upon Lai, including “unlawful assembly” for participating in the 2019 protests and a Tiananmen candlelight vigil in 2020.

Lai, whose trial has stretched on for nearly 100 days now, took to the stand to give his first testimony on November 20. RFA Insider invited Mark Clifford, a former board member of Next Digital and president of the Committee for Freedom in Hong Kong Foundation, to share what he expects the outcome of the trial to be, as well as his thoughts on the future of press freedom in Hong Kong.

Podcast Free Asia

Creative Multimedia Producer Lauren Kim spices things up on this week’s Podcast Free Asia by turning the conversation to the ubiquitous Korean accompaniment, kimchi!

With November 22 designated as Kimchi Day in several states, Lauren explains the history behind the holiday and the role kimchi has in her life as a Korean-American. To commemorate Kimchi Day, Lauren produced a video showcasing the preparation and taste-testing of North and South Korean-style kimchi.

Ever wondered about North Korean kimchi? Watch the video to learn the differences between North and South Korean kimchi.

The Rundown

The first story arrives from the touristy town of Vang Vieng, Laos, where six (five at the time of recording) backpackers have died due to suspected methanol poisoning after a night out drinking. Many of the victims had been staying at the same hostel and were rushed to the hospital the following morning, when staff noticed that the victims had failed to check out of their accommodation. Thai police confirmed that autopsies showed that at least several victims died from brain swelling caused by methanol, a clear, tasteless liquid used in household and industrial products such as paint strippers and insecticides. Methanol, which is much cheaper than drinking alcohol, is sometimes added to mixed drinks to boost the alcohol content, often with fatal consequences.

In the world of martial arts, a series of taekwon-do moves named the “unification” pattern is being renamed by the North Korea-backed federation for political reasons. The “unification” pattern will be referred to instead as the “Chang Hon” pattern after Gen. Choi Hong Hi, the founder of taekwon-do, as a sign of North Korean leadership moving away from its long-stated aim of eventual unification with South Korea.

The change is being implemented by one faction of the International Taekwon-Do Federation (ITF), which was established by Choi in Seoul in the 1960s. However, when Choi expressed his intention to include North Korea in the ITF’s international outreach, South Korea refused and he went into exile in Canada. Meanwhile South Korea established the World Taekwondo Federation (WTF), which is currently known as World Taekwondo (WT).

Choi eventually became a citizen of North Korea and moved the ITF’s headquarters to Vienna. Later, his death further splintered the sport as three individuals claimed to be Choi’s legitimate successor as the ITF president, and each established rival world headquarters in Vienna, Toronto and Poland. North Korea endorses the Vienna-based ITF, which is the faction that is re-naming the “unification” pattern.


This content originally appeared on Radio Free Asia and was authored by Amy Lee for RFA Insider.

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Hong Kong media tycoon Jimmy Lai’s High-Profile Trial Enters 93rd Day | Radio Free Asia (RFA) https://www.radiofree.org/2024/11/21/hong-kong-media-tycoon-jimmy-lais-high-profile-trial-enters-93rd-day-radio-free-asia-rfa/ https://www.radiofree.org/2024/11/21/hong-kong-media-tycoon-jimmy-lais-high-profile-trial-enters-93rd-day-radio-free-asia-rfa/#respond Thu, 21 Nov 2024 03:53:53 +0000 http://www.radiofree.org/?guid=1e67952da5561f40632be18f238e0ba2
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Hong Kong media mogul Jimmy Lai’s High-Profile Trial Enters 93rd Day | Radio Free Asia (RFA) https://www.radiofree.org/2024/11/20/hong-kong-media-mogul-jimmy-lais-high-profile-trial-enters-93rd-day-radio-free-asia-rfa/ https://www.radiofree.org/2024/11/20/hong-kong-media-mogul-jimmy-lais-high-profile-trial-enters-93rd-day-radio-free-asia-rfa/#respond Wed, 20 Nov 2024 21:30:43 +0000 http://www.radiofree.org/?guid=e437eec0e7b2a70658fa69af9784b211
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Detained Hong Kong media tycoon Jimmy Lai testifies in his foreign collusion trial https://rfa.org/english/china/2024/11/20/hong-kong-jimmy-lai-trial/ https://rfa.org/english/china/2024/11/20/hong-kong-jimmy-lai-trial/#respond Wed, 20 Nov 2024 04:54:06 +0000 https://rfa.org/english/china/2024/11/20/hong-kong-jimmy-lai-trial/ Detained Hong Kong media tycoon Jimmy Lai testified on Wednesday for the first time in his trial on charges of “conspiracy to collude with foreign forces”, telling a court he and his now-defunct newspaper had always stood for freedom.

Lai, 76, is facing charges under the 2020 National Security Law that Beijing imposed on the former British colony a year after it was rocked by anti-government protests. He faces life imprisonment.

“We were always in support of movements for freedom,” Lai, wearing a gray blazer and glasses, told the West Kowloon Magistrates Court, the Reuters news agency reported.

Scores of Lai’s supporters lined up outside the court in the rain early on Wednesday, hoping to get in to show their support, media reported.

The founder of the now-closed Apple Daily, a Chinese-language tabloid renowned for its pro-democracy views and criticism of Beijing, pleaded not guilty on Jan. 2 to “sedition” and “collusion” under the security law.

The United States, Britain and other Western countries have denounced Lai’s prosecution and called for his release.

Human rights groups say Lai’s trial is a “sham” and part of a broad crackdown on dissent in Hong Kong that has all but destroyed its reputation as the only place in Greater China where the rule of law and freedoms of speech and assembly were preserved.

The hearing comes a day after a Hong Kong court jailed 45 democracy supporters for up to 10 years for subversion at the end of the city’s biggest national security trial.

Those sentences drew international condemnation and calls for further sanctions on Hong Kong and the expansion of lifeboat visa schemes for those fleeing the political crackdown in the city.

Trump vow

Lai is a British citizen who, despite being born in the southern province of Guangdong, has never held Chinese citizenship. British Prime Minister Keir Starmer raised concerns about Lai’s health when he met Chinese President Xi Jinping on Monday at a G20 meeting in Brazil.

Beijing said the 2020 security law was necessary to safeguard the Asian financial hub’s economic success.

But critics say crackdowns on dissent and press freedom that followed its introduction sounded the death knell for the “one country, two systems” formula under which Hong Kong returned to Chinese rule in 1997, that was meant to safeguard freedoms not enjoyed elsewhere in China for 50 years.

Lai has been in prison for nearly four years. He was jailed for nearly six years in 2022 on a fraud conviction linked to his media business.

Lai has long advocated for the U.S. government, especially during the first term of President Donald Trump, to take a strong stance in supporting Hong Kong’s civil liberties, which he viewed as essential to the city’s role as a gateway between China and global markets.

Prosecutors, however, allege that Lai’s activities and his newspaper’s articles constituted lobbying for sanctions against Beijing and Hong Kong, a violation of the national security law. Lai’s lawyers argue that he ceased such actions after the law took effect on June 30, 2020.

Trump has vowed to secure Lai’s release, media reported.

During Trump’s first term, the U.S. revoked Hong Kong’s special trade status and enacted legislation allowing sanctions on the city’s officials in response to China’s crackdown on the city.

During the peak of the 2019 protests, Lai visited Washington and met then-Vice President Mike Pence and other U.S. politicians to discuss Hong Kong’s political crisis.

“Mr President, you’re the only one who can save us,” Lai said in an interview with CNN in 2020 weeks before his arrest.

“If you save us, you can stop China’s aggressions. You can also save the world.”

Edited by Taejun Kang and Mike Firn.

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This content originally appeared on Radio Free Asia and was authored by RFA Staff.

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Hong Kong pro-democracy tycoon Jimmy Lai faces high-stakes trial | Radio Free Asia (RFA) https://www.radiofree.org/2024/11/19/hong-kong-pro-democracy-tycoon-jimmy-lai-faces-high-stakes-trial-radio-free-asia-rfa/ https://www.radiofree.org/2024/11/19/hong-kong-pro-democracy-tycoon-jimmy-lai-faces-high-stakes-trial-radio-free-asia-rfa/#respond Tue, 19 Nov 2024 22:04:28 +0000 http://www.radiofree.org/?guid=765e7c4c4e9be5d9bb963e6ac5a40988
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Hong Kong’s "47 Activists Case": A Record-Breaking Political Trial | Radio Free Asia (RFA) https://www.radiofree.org/2024/11/18/hong-kongs-47-activists-case-a-record-breaking-political-trial-radio-free-asia-rfa/ https://www.radiofree.org/2024/11/18/hong-kongs-47-activists-case-a-record-breaking-political-trial-radio-free-asia-rfa/#respond Mon, 18 Nov 2024 22:39:52 +0000 http://www.radiofree.org/?guid=1a2ead250c54240921cb9147eab16ced
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Hong Kong’s "47 Activists Case": A Record-Breaking Political Trial | Radio Free Asia (RFA) https://www.radiofree.org/2024/11/18/hong-kongs-47-activists-case-a-record-breaking-political-trial-radio-free-asia-rfa-2/ https://www.radiofree.org/2024/11/18/hong-kongs-47-activists-case-a-record-breaking-political-trial-radio-free-asia-rfa-2/#respond Mon, 18 Nov 2024 22:32:10 +0000 http://www.radiofree.org/?guid=8a45b799683dc393c05335b12bd1ffb7
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Yulia Skripal Reveals the Biggest Secret of All at Novichok Show Trial https://www.radiofree.org/2024/11/18/yulia-skripal-reveals-the-biggest-secret-of-all-at-novichok-show-trial/ https://www.radiofree.org/2024/11/18/yulia-skripal-reveals-the-biggest-secret-of-all-at-novichok-show-trial/#respond Mon, 18 Nov 2024 15:41:58 +0000 https://dissidentvoice.org/?p=154969 Yulia Skripal communicated from her bedside at Salisbury District Hospital on March 8, 2018, four days after she and her father Sergei Skripal collapsed from a poison attack, that the attacker used a spray; and that the attack took place when she and her father were eating at a restaurant just minutes before their collapse […]

The post Yulia Skripal Reveals the Biggest Secret of All at Novichok Show Trial first appeared on Dissident Voice.]]>
Yulia Skripal communicated from her bedside at Salisbury District Hospital on March 8, 2018, four days after she and her father Sergei Skripal collapsed from a poison attack, that the attacker used a spray; and that the attack took place when she and her father were eating at a restaurant just minutes before their collapse on a bench outside.

The implication of the Skripal evidence, revealed for the first time on Thursday, is that the attack on the Skripals was not perpetrated by Russian military agents who were photographed elsewhere in Salisbury town at the time; that the attacker or attackers were British agents; and that if their weapon was a nerve agent called Novichok, it came, not from Moscow, but from the UK Ministry of Defence chemical warfare laboratory at Porton Down.

Porton Down’s subsequent evidence of Novichok contamination in blood samples, clothing, car, and home of the Skripals may therefore be interpreted as British in source, not Russian.

This evidence was revealed by a police witness testifying at the Dawn Sturgess Inquiry in London on November 14. The police officer, retired Detective Inspector Keith Asman was in 2018, and he remains today  the chief of forensics for the Counter Terrorism Policing (CTPSE) group which combines the Metropolitan and regional police forces with the Secret Intelligence Service (MI6) and the Security Service (MI5).

According to Asman’s new disclosure, Yulia Skripal had woken from a coma and confirmed to the doctor at her bedside that she remembered the circumstances of the attack on March 4. What she remembered, she signalled,  was not (repeat not) the official British Government narrative that Russian agents had tried to kill them by poisoning the front door-handle of the family home.

The new evidence was immediately dismissed by the Sturgess Inquiry lawyer assisting Anthony Hughes (titled Lord Hughes of Ombersley), the judge directing the Inquiry. “We see there,” the lawyer put to Asman as a leading question, “the suggestion, which we now know not to be right, of course”.   — page 72.

Hughes then interrupted to tell the witness to disregard what Skripal had communicated. “If the record that you were given there is right, someone suggested to her ‘Had you been sprayed’. She didn’t come up with it herself.” — page 73. Hughes continued to direct the forensics chief to disregard the hearsay of Skripal. “Anyway the suggestion that she had been sprayed in the restaurant didn’t fit with your investigations?  A. [Asman] No, sir. LORD HUGHES:  Thank you.”

So far in in the Inquiry which began public sessions on October 14, this is the first direct sign of suppression of evidence by Hughes.

Hearsay, he indicates, should be disregarded if it comes from the target of attack, Yulia Skripal. However, hearsay from British Government officials, policemen, and chemical warfare agents at Porton Down must be accepted instead. Hughes has also banned Yulia and Sergei Skripal from testifying at the Inquiry.

The lawyer appointed and paid by the Government to represent the Skripals in the inquiry hearings said nothing to acknowledge the new disclosure nor to challenge Hughes’s efforts to suppress it.

Asman described his career and credentials in his witness statement to the Inquiry, dated October 23, 2024. His rank when he retired from the regular police forces in 2009 was detective inspector. He was then promoted to higher ranking posts at the operations coordinating group known as Counter Terrorism Policing for the Southeast Region (CTPSE). By 2018 Asman says he was “head of the National Counter Terrorism Forensics Working Group since 2012, and was the UK Counter Terrorism Chemical, Biological, Radiological and Nuclear (CBRN) forensic lead.” In June 2015 Asman was awarded the Order of the British Empire (MBE) “for services to Policing.”

At page 19 of his recent witness statement, this is what Asman has recorded for the evening of March 8, 2018:

Source: Dawn Sturgess Inquiry — page 19.

Asman’s went on to claim in this statement: “At this point Yulia Skripal was described as being emotional and fell unconscious. I made notes of my conversation with DI [Detective Inspector] VN104 in one of my notebooks, and in addition this information was confirmed to me in writing the next morning. The information she provided about being sprayed at the restaurant [Zizzi] was seemingly inconsistent with the presence of novichok at the Mill public house and 47 Christie Miller Road. On hearing this, I personally wondered whether Yulia Skripal knew more about it than she had alluded to and therefore whilst being fully cognisant of the SIO’s [Senior Investigative Officer] hypothesis and the need to be open-minded continued to prioritise her property.”

The Scene of the Novichol Crime

Source: Dailymail.co.uk

The Evidence the Crime Was British

Left: Yulia Skripal in May 2018, the scar of forced intubation still visible; read more here. Centre; Dr Stephen Cockroft who recorded the exchange with Skripal at her bedside on March 8, 2018; that was followed, Cockroft has also testified, by forced sedation and tracheostomy – read more. Right: read the only book on the case evidence.  

Open-minded was not what the judge and his lawyers wanted from Asman when he appeared in public for the first time on Thursday, November 14. Referring precisely to the excerpt of Skripal’s hospital evidence, Francesca Whitelaw KC for the Inquiry asked Asman: “We can take that [witness statement excerpt] down, but this information as well, was it consistent or inconsistent with what you  had found out in terms of forensic about the presence of  Novichok at The Mill and 47 Christie Miller Road?  A. [Asman] It, I would say, was inconsistent on the basis that she said she was sprayed in the restaurant.” — page 73.

Asman was then asked by Whitelaw to comment on Yulia Skripal’s exchange with Cockroft. “My question for you is: how, if at all, this impacted on your investigations?  A. It only very slightly impacted on it…It was information to have but not necessarily going to change my approach on anything.” — page 73.

In the Inquiry record  of hearings and exhibits since the commencement of the open sessions on October 14, there have been eleven separate exhibits of documents purporting to record what Yulia and Sergei Skripal have said; they include interviews with police and witness statements for the Inquiry; they are dated from April 2018 through October 2024. Most of them have been heavily redacted. None of them is signed by either Skripal.

Neither Yulia nor Sergei Skripal has been asked by the police, by the Inquiry lawyers, or by Hughes to confirm or deny whether Yulia’s recollection of March 8, 2018, of the spray attack in Zizzi’s Restaurant is still their evidence of what happened to them.

The post Yulia Skripal Reveals the Biggest Secret of All at Novichok Show Trial first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by John Helmer.

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Hong Kong must end Jimmy Lai’s show trial, CPJ urges ahead of hearing https://www.radiofree.org/2024/11/18/hong-kong-must-end-jimmy-lais-show-trial-cpj-urges-ahead-of-hearing/ https://www.radiofree.org/2024/11/18/hong-kong-must-end-jimmy-lais-show-trial-cpj-urges-ahead-of-hearing/#respond Mon, 18 Nov 2024 13:15:39 +0000 https://cpj.org/?p=435779 New York, November 18, 2024—The Committee to Protect Journalists urges the Hong Kong government to drop its trumped-up charges against media publisher Jimmy Lai, who is set to take the stand for the first time on Wednesday in his trial on national security charges, which could see the 77-year-old jailed for life if convicted.

“This show trial must end before it is too late,” said CPJ CEO Jodie Ginsberg on Monday. “The case of Jimmy Lai is not an outlier, it’s a symptom of Hong Kong’s democratic decline. Hong Kong’s treatment of Jimmy Lai — and more broadly of independent media and journalists — shows that this administration is no longer interested in even a semblance of democratic norms.”

Lai, the founder of the now-shuttered pro-democracy newspaper Apple Daily, has spent nearly four years in a maximum-security prison and solitary confinement since December 2020. He has faced multiple postponements to his trial, in which he has been charged with sedition and conspiring to collude with foreign forces.

British Prime Minister Keir Starmer told parliament in October that the case of Lai, who is a British citizen, was a “priority” and called for his release. Similarly, United Nations experts in January urged Hong Kong authorities to drop all charges against the publisher and free him.

The U.N. Working Group on Arbitrary Detention found that Lai is unlawfully and arbitrarily detained in Hong Kong, expressed alarm over his prolonged solitary confinement, and called for immediate remedy. Lai suffers from a long-standing health issue of diabetes.

Lai won a press freedom award from CPJ and the organization continues to advocate for his freedom.

Responding to CPJ’s request for comment, a Hong Kong government spokesperson referred to a November 17 statement in which it said that Lai was “receiving appropriate treatment and care in prison” and that Hong Kong authorities “strongly deplore any form of interference.”


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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Detained Vietnamese blogger expected to stand trial in late October https://www.rfa.org/english/news/vietnam/duong-van-thai-vietnam-blogger-thailand-alleged-abduction-trial-10112024164155.html https://www.rfa.org/english/news/vietnam/duong-van-thai-vietnam-blogger-thailand-alleged-abduction-trial-10112024164155.html#respond Fri, 11 Oct 2024 20:42:01 +0000 https://www.rfa.org/english/news/vietnam/duong-van-thai-vietnam-blogger-thailand-alleged-abduction-trial-10112024164155.html Read a version of this story in Vietnamese

A blogger who last year went missing from Thailand and later resurfaced in Vietnamese police custody is expected to stand trial in Vietnam later this month, his mother told Radio Free Asia.

Duong Van Thai, 42, was living in Thailand when he disappeared on April 13, 2023, in what many believe was an abduction. 

Vietnam has neither confirmed nor denied that he was abducted and taken back to Vietnam, but shortly after his disappearance, authorities announced that they had apprehended him when trying to sneak into the country illegally.

On Friday, his mother Duong Thi Lu, told RFA Vietnamese that she visited him on Thursday and had information regarding his upcoming trial.

“The trial day will be on Oct. 30, but family [members] are not invited to attend,” she said, explaining that her son and the prison guards confirmed the date of the trial.


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Thai had fled to Thailand in late 2018 or early 2019, fearing political persecution for his many posts and videos that criticized the Vietnamese government and leaders of the Communist Party on Facebook and YouTube. 

He had been granted refugee status by the United Nations refugee agency’s office in Bangkok. He was interviewed to resettle in a third country right before his disappearance near his rental home in central Thailand’s Pathum Thani province.  

By mid-2023, the Security Investigation Agency under the Ministry of Public Security announced that Thai was under investigation for anti-state charges under Article 117, a vaguely written law that rights organizations say is used to silence dissent.

02 Vietnam blogger Duong Van Thai trial.JPG
The High People's Court is seen during the appeal trial of another Vietnamese prominent blogger Anh Ba Sam, whose real name is Nguyen Huu Vinh, and his assistant Nguyen Thi Minh Thuy in Hanoi, Sept. 22, 2016. (Kham/Reuters)

If convicted, he could be sentenced to between five and 12 years in prison.

Separated by thick glass

According to Lu, she and her son, separated by two thick layers of glass, spoke through a phone. Neither her son nor the guards could provide any further information regarding the trial.

A source with knowledge of the situation provided RFA with a subpoena from the Hanoi People’s Court, which summoned an individual with 'related rights and obligations' in Thai’s case.

Signed and sealed by Judge Tran Nam Ha on Oct. 9, 2024, the document said the trial would begin at 8:30 a.m. on Oct. 30, 2024, at the headquarters of the Hanoi People’s Court.

The family has hired attorneys Le Dinh Viet and Le Van Luan, but they have not yet received the necessary permits to defend Thai. Therefore, they have not been able to access the case file or meet with their client to prepare for the defense.

RFA attempted to contact the Hanoi People’s Court to verify the information, but phone calls went unanswered.

Translated by Anna Vu. Edited by Eugene Whong and Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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Belarus detains journalist Yauhen Nikalayevich ahead of trial https://www.radiofree.org/2024/09/23/belarus-detains-journalist-yauhen-nikalayevich-ahead-of-trial/ https://www.radiofree.org/2024/09/23/belarus-detains-journalist-yauhen-nikalayevich-ahead-of-trial/#respond Mon, 23 Sep 2024 20:16:50 +0000 https://cpj.org/?p=418809 New York, September 23, 2024—Belarusian authorities should disclose their reason for detaining journalist Yauhen Nikalayevich ahead of his September 26 trial on charges of violating public order in the southwestern city of Pinsk, and ensure that no journalists are jailed because of their work, said the Committee to Protect Journalist on Monday. 

“Journalist Yauhen Nikalayevich’s detention, despite a spate of recent pardons by President Aleksandr Lukashenko, underscores Belarus’ fractured prison system as Europe’s worst jailer of journalists,” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator. “Belarusian authorities should make the reason for Nikalayevich’s charges known or release him immediately.”

Nikalayevich, a former video reporter with independent news website Media Polesye, was arrested and served a 10-day prison sentence in November 2020 on charges of “participating in an unsanctioned event” following his coverage of protests in Pinsk calling for President Lukashenko to resign.

Nikalayevich left Belarus and journalism after serving his sentence, his former outlet reported, adding that he returned to the country in early 2024. 

The new charges against Nikalayevich are “most likely” related to his coverage of the 2020 protests, a representative of the Belarusian Association of Journalists, an advocacy and trade group operating from exile, told CPJ under condition of anonymity for fear of reprisal. There is no information on when the journalist was detained.

If convicted, Nikalayevich faces up to four years in jail, according to the Belarusian Criminal Code.

CPJ is also investigating the September 19 detention of photographer Aivar Udrys in the western city of Hlybokaye. The outcome of his Thursday hearing is unknown. CPJ emailed the Belarusian Investigative Committee, the country’s law enforcement agency, for comment on the two detentions but did not receive any response.

Belarus was the world’s fifth worst jailer of journalists, with at least 28 journalists behind bars on December 1, 2023, when CPJ conducted its most recent annual prison census.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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Vietnamese executive on trial for second time in country’s biggest fraud case https://www.rfa.org/english/news/vietnam/truong-my-lan-corruption-trial-09182024230833.html https://www.rfa.org/english/news/vietnam/truong-my-lan-corruption-trial-09182024230833.html#respond Thu, 19 Sep 2024 03:10:00 +0000 https://www.rfa.org/english/news/vietnam/truong-my-lan-corruption-trial-09182024230833.html Vietnamese businesswoman Truong My Lan, who has already been sentenced to death for masterminding the country’s biggest fraud, went on trial again on Thursday, according to state media.

The chairwoman of Van Thinh Phat Group was brought to the Ho Chi Minh City People’s Court at 6:00 a.m. amid tight security, the Phap Luat news site reported.

The 34 defendants face charges of fraud, money laundering and illegal cross-border currency trafficking in the trial, due to last for a month.

The case is being heard by a five-judge panel, with five prosecutors representing the city’s People’s Procuracy.

Prosecutors will argue that Lan asked senior staff at Van Thinh Phat and Saigon Commercial Bank, or SCB, in which she owned a 91.5% stake, to issue 25 fake bonds worth 30.7 trillion Vietnamese dong (US$1.3 billion).

The indictment, seen by Vietnamese media, also says 23 Van Thinh Phat companies transferred $1.5 billion from Vietnam to other countries between 2012 and 2020 and received $3 billion in illegal currency transfers from abroad.

Lan and other defendants are also accused of laundering 445 trillion dong ($18.2 billion), including the equivalent of $17 billion taken illegally from SCB and $1.2 billion fraudulently obtained from bond investors.

Lan’s husband, Hong Kong property tycoon Eric Chu Nap Kee, was also brought to court Thursday to face money laundering charges, while her niece, Truong Hue Van, will be tried for fraud and property appropriation, Vietnamese media said.


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In April, Lan was found guilty of bribery, embezzlement and violating banking regulations for ordering SCB officials to approve more than 2,500 loans to shell companies she controlled, causing the bank to lose the equivalent of $27 billion.

Lan pleaded not guilty to the embezzlement and bribery charges, Nguyen Huy Thiep, one of Lan’s lawyers, told Reuters, but she was sentenced to death. She plans to appeal the verdict.

The original trial, which began in March, came about as part of then Communist Party General Secretary Nguyen Phu Trong’s crackdown on corruption in the public and private sectors, dubbed the “blazing furnace” campaign

The accused in Lan’s first trial included 45 SCB executives, 15 State Bank of Vietnam officials, three government inspectors and a former official at the State Audit Office, according to media reports.

A new Communist Party secretary general, To Lam, took over the day before Trong’s death in July, before he was elected to the top job by Vietnam’s parliament the following month. Lam  has said he intends to continue his predecessor’s campaign.

Lam is planning to make his first visit to the United States on Saturday as Vietnam’s leader according to the Reuters news agency, although the details have not been announced.

He is due to speak at the United Nations General Assembly in his capacity as president of Vietnam, a post he has held since May, and also meet U.S. business leaders, Reuters reported.

Edited by Mike Firn.


This content originally appeared on Radio Free Asia and was authored by By RFA Staff.

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Uhuru 3 Found Guilty of Conspiracy, Acquitted of Foreign Agents Charge in Landmark Trial https://www.radiofree.org/2024/09/13/uhuru-3-found-guilty-of-conspiracy-acquitted-of-foreign-agents-charge-in-landmark-trial/ https://www.radiofree.org/2024/09/13/uhuru-3-found-guilty-of-conspiracy-acquitted-of-foreign-agents-charge-in-landmark-trial/#respond Fri, 13 Sep 2024 14:49:46 +0000 http://www.radiofree.org/?guid=0263608b5a39ecae7a4fd8497cc0170c
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Uhuru 3 Found Guilty of Conspiracy, Acquitted of Foreign Agents Charge in Landmark Trial https://www.radiofree.org/2024/09/13/uhuru-3-found-guilty-of-conspiracy-acquitted-of-foreign-agents-charge-in-landmark-trial-2/ https://www.radiofree.org/2024/09/13/uhuru-3-found-guilty-of-conspiracy-acquitted-of-foreign-agents-charge-in-landmark-trial-2/#respond Fri, 13 Sep 2024 12:45:49 +0000 http://www.radiofree.org/?guid=b589b8d43fe3f6df548782bdb83d9a5d Seg2.5 uhuruthree

A federal jury in Florida has found members of the pan-Africanist group African People’s Socialist Party guilty of conspiring with the Russian government to “sow discord” and “interfere” in U.S. elections. They face up to five years in federal prison. In a major victory for the activists, however, the jury acquitted them of the more serious charge of acting as foreign agents. “The trial of the Uhuru Three is proving to be one of the most important First Amendment cases thus far in the 21st century,” says attorney Jenipher Jones, who is on the legal support committee for defendants. “It remains clear that when covert government repression tactics fail against activists, the government will use the overt means of charges and cages against folks that they simply disagree with.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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The US vs the Uhuru 3: free speech on trial https://www.radiofree.org/2024/09/12/the-us-vs-the-uhuru-3-free-speech-on-trial/ https://www.radiofree.org/2024/09/12/the-us-vs-the-uhuru-3-free-speech-on-trial/#respond Thu, 12 Sep 2024 13:17:56 +0000 http://www.radiofree.org/?guid=344959b275584736873162752dc70b5a
This content originally appeared on The Grayzone and was authored by The Grayzone.

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CPJ, partners call for swift trial after ex-governor surrenders over Philippine journalist’s murder https://www.radiofree.org/2024/09/11/cpj-partners-call-for-swift-trial-after-ex-governor-surrenders-over-philippine-journalists-murder/ https://www.radiofree.org/2024/09/11/cpj-partners-call-for-swift-trial-after-ex-governor-surrenders-over-philippine-journalists-murder/#respond Wed, 11 Sep 2024 19:14:57 +0000 https://cpj.org/?p=415959 New York, September 11, 2024—A coalition of three international press freedom organizations on Wednesday called for a swift and impartial trial after fugitive ex-governor Joel T. Reyes surrendered to authorities in connection with the 2011 murder of Philippine broadcast journalist Gerry Ortega.

“This is long overdue. Former governor Joel T. Reyes has evaded justice for more than 13 years, there must be a swift and impartial trial now without any further delay,” said the coalition, consisting of Free Press Unlimited (FPU), the Committee to Protect Journalists (CPJ), and Reporters Without Borders (RSF), in a statement.

“We hope this new development brings justice a step closer for the Ortega family and call on the Philippine authorities to do everything they can to ensure justice is delivered for this senseless murder. The international community will be watching the trial closely, as the Ortega murder is emblematic of the entrenched impunity in media killings in the Philippines.”

Ortega, an environmental journalist based on the island of Palawan in the Philippines, reported on corruption within the administration of ex-Palawan governor Reyes before he was murdered in 2011. Reyes had been in hiding despite an arrest warrant issued against him in 2023.

Reyes’ surrender came after a successful legal bid to have his trial transferred to a court in Quezon City, near the capital Manila. The Ortega family had wanted the trial to stay in Palawan, but a Philippine court recently rejected the family’s legal plea. No date has been fixed for the start of the Reyes trial in Quezon City.

The three press freedom groups, who together form the ‘A Safer World for the Truth’ initiative, met with the Philippine authorities in Manila earlier this year to present new leads that could lead to the arrest of Reyes. The coalition has investigated the Ortega case since 2020 which showed damning evidence of Reyes’ role in the journalist’s murder. Since 1992, 96 journalists have been killed in connection with their work in the Philippines.

###

Spokespeople are available for interviews in English:

Free Press Unlimited (Amsterdam): Jos Bartman bartman@freepressunlimited.org

Committee to Protect Journalists (Frankfurt/New York): Beh Lih Yi, lbeh@cpj.org; press@cpj.org

Reporters Without Borders (Taipei/Paris): Aleksandra Bielakowska, abielakowska@rsf.org

###

A Safer World For The Truth is a collaboration between Free Press Unlimited (FPU), Reporters Without Borders (RSF) and the Committee to Protect Journalists (CPJ). We investigate murders through a series of cold case investigations to push for justice on the national level, and we organize the People’s Tribunal on the Murder of Journalists to put a spotlight on states’ obligation to protect journalists and to investigate all attacks against them. To learn more about the project, visit our website https://www.saferworldforthetruth.com/.

Please see A Safer World for the Truth report about Gerry Ortega’s case published in 2022.

About the partners:

Free Press Unlimited (FPU): Free Press Unlimited is a not-for-profit, non-governmental organization based in Amsterdam, the Netherlands. Free Press Unlimited helps local journalists in conflict areas to provide their audience with independent news and reliable information. The information that people need to survive and give shape to their own future. – freepressunlimited.org

Committee to Protect Journalists (CPJ): The Committee to Protect Journalists is an independent, nonprofit organization that promotes press freedom worldwide. Based in New York, we defend the right of journalists to report the news safely and without fear of reprisal. – cpj.org

Reporters Without Borders – known internationally as Reporters sans frontières (RSF) – is an international non-profit organisation at the forefront of the defence and promotion of freedom of information. RSF acts globally for the freedom, pluralism, and independence of journalism and defends those who embody those ideals. Recognised as a public interest organisation in France since 1995, RSF has consultative status with the United Nations, UNESCO, the Council of Europe, and the International Organisation of the Francophonie (OIF). Founded in 1985 and headquartered in Paris, RSF has 13 country sections and bureaus, including a bureau in Taipei and section in Berlin, and a network of correspondents in more than 130 countries. – rsf.org


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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A federal trial in Memphis began for three former officers charged with violating the civil rights of Tyre Nichols – September 9, 2024 https://www.radiofree.org/2024/09/09/a-federal-trial-in-memphis-began-for-three-former-officers-charged-with-violating-the-civil-rights-of-tyre-nichols-september-9-2024/ https://www.radiofree.org/2024/09/09/a-federal-trial-in-memphis-began-for-three-former-officers-charged-with-violating-the-civil-rights-of-tyre-nichols-september-9-2024/#respond Mon, 09 Sep 2024 18:00:00 +0000 http://www.radiofree.org/?guid=e4bdc87fa74837f60d09ce723cdb2333 Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

Former Memphis police officer Justin Smith leaves the federal courthouse after the first day of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

Former Memphis police officer Justin Smith leaves the federal courthouse after the first day of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

The post A federal trial in Memphis began for three former officers charged with violating the civil rights of Tyre Nichols – September 9, 2024 appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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Chinese rights attorney Yu Wensheng and his wife stand trial https://www.rfa.org/english/news/china/china-rights-lawyer-yu-wensheng-08282024151554.html https://www.rfa.org/english/news/china/china-rights-lawyer-yu-wensheng-08282024151554.html#respond Wed, 28 Aug 2024 19:20:00 +0000 https://www.rfa.org/english/news/china/china-rights-lawyer-yu-wensheng-08282024151554.html Read the story in Mandarin: 人权律师余文生案开庭 王宇前往旁听被带走

 

Prominent Chinese rights lawyer Yu Wensheng and his wife Xu Yan stood trial on Wednesday in the eastern city of Suzhou for "subversion" amid tight security that saw another prominent attorney taken away by police ahead of the Forum on China-Africa Cooperation in Beijing.

Yu and Xu were initially detained in April 2023 on suspicion of "picking quarrels and stirring up trouble" – a charge frequently used to target peaceful critics of the Communist Party – en route to a meeting with European Union officials in Beijing. Brussels has lodging a formal complaint over the incident.

But the pair are now being put on trial for the more serious charge of "incitement to subvert state power" at the Suzhou Intermediate People's Court. Court proceedings were observed by diplomats from 10 countries, the rights website Weiquanwang reported, without giving details.

The trial comes amid tight security across China ahead of the Forum on China-Africa Cooperation which runs Sept. 4-6 in Beijing. A prominent rights attorney, Wang Yu, was detained by police in Suzhou shortly after arriving in the city on the first day of Yu's trial, her husband Bao Longjun told RFA Mandarin.

"Wang Yu called me around 7 o'clock this morning," Bao said. "She said she had just left Suzhou station [to meet with a client who is a rights activist], but police blocked him from leaving home."

"I called her again at 10 a.m. but nobody picked up, and I haven't been able to get in touch with her since," he said.

In a later phone call with RFA Mandarin, Bao said police had escorted Wang to meet up with him in the northern city of Handan, where she was released from custody.

‘Key personnel’

President Xi Jinping will deliver a keynote address at the Forum on China-Africa Cooperation next week, setting out proposals for "building a high-level community with a shared future for China and Africa," Vice Foreign Minister Chen Xiaodong told a news conference last week.

The security measures target critics of the ruling Chinese Communist Party known as "key personnel," according to a Beijing resident who gave only the surname Guo for fear of reprisals.

20240828-WANG-YU-HUMAN-RIGHTS-TRIAL-002.jpg
Xu Yan (left), wife of rights attorney Yu Wensheng, and rights attorney Wang Yu (right) hold up messages in 2020 calling on the authorities to expedite Yu’s trial. (@xuyan709 via X)

"Security has been very strict in our residential community lately, and they're saying they have to guard against key personnel," Guo said. "I know something big is happening in Beijing."

According to state media and official websites, the term "key personnel" applies to anyone posing a potential threat to public order, national security or disease control and prevention policies, and means an individual is targeted for "monitoring, prevention measures and management by police."

Represented Falun Gong

Yu is a prominent rights attorney who has represented members of the banned Falun Gong spiritual movement, as well as many fellow rights attorneys in the wake of a July 2015 crackdown on public interest law firms and associated rights activists. 

He served an earlier four-year sentence for "subversion" that ended in 2021.

Xu has repeatedly spoken out on her husband's behalf, and was threatened with prosecution after meeting with French officials in 2018 about her husband's case.

Rights groups have warned that both were at risk of torture to elicit a “confession” during detention.

Yu and Xu are being represented by defense attorneys Ge Wenxiu and He Wei at the two-day trial, Weiquanwang reported.

24-hour surveillance

Meanwhile, authorities in Beijing are holding Zhou Shifeng, the former director of the Beijing Fengrui law firm that was shuttered following the July 2015 crackdown, under close surveillance, prompting him to flee the capital for his hometown in Henan province.

"They're about to hold the China-Africa Forum in Beijing, and security guards were put on duty downstairs from Zhou Shifeng's home," his friend Zhang Ning told RFA Mandarin on Wednesday.

"There were private security guards, state security police, and officers from the local police station, five people on each eight-hour shift," Zhang said. "Shifeng had to tell them where he was going, and the state security police would drive him there and escort him."

Zhang said Zhou had eventually chosen to leave the capital and return to his hometown in Anyang city, Henan, in the hope of evading further official attention.

Police have also been closely watching independent political commentator Wu Qiang since late July, according to a friend of his who gave only the surname Li for fear of reprisals.

"There are two police vehicles stationed in the residential community where Wu Qiang lives, 24 hours a day," Li said. "They follow him whenever he goes out."

Translated by Luisetta Mudie. Edited by Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By Qian Lang for RFA Mandarin.

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Arshean Alam social media trial: Alt News probe finds he was at home at the time of the R G Kar rape-murder https://www.radiofree.org/2024/08/20/arshean-alam-social-media-trial-alt-news-probe-finds-he-was-at-home-at-the-time-of-the-r-g-kar-rape-murder/ https://www.radiofree.org/2024/08/20/arshean-alam-social-media-trial-alt-news-probe-finds-he-was-at-home-at-the-time-of-the-r-g-kar-rape-murder/#respond Tue, 20 Aug 2024 11:05:06 +0000 https://www.altnews.in/?p=246903 A 31-year-old doctor was allegedly raped and murdered at the state-run RG Kar Medical Hospital and College in Kolkata in the wee hours of August 10. Her body was discovered...

The post Arshean Alam social media trial: Alt News probe finds he was at home at the time of the R G Kar rape-murder appeared first on Alt News.

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A 31-year-old doctor was allegedly raped and murdered at the state-run RG Kar Medical Hospital and College in Kolkata in the wee hours of August 10. Her body was discovered the following morning.

A young house staff working at the same hospital reached his workplace around 3 pm that afternoon after being informed by his friends about the horrific crime. Like other students and doctors in Kolkata, he actively joined the protests at R G Kar, demanding justice for the victim and increased security measures on the campus.

However, today, Dr Arshean Alam is scared to leave his home. What happened between then and now is a social media trial in which his name was floated as one of the accused in the case. Some posts directly claimed he was one of the ‘real culprits’ or ‘murderers’.

Social Media Trial of Arshean Alam

As calls for swift action in the case grew louder, Kolkata Police arrested a civic volunteer named Sanjay Roy based on circumstantial evidence and CCTV footage. According to the latest reports, DNA reports, too, have confirmed his involvement. Forensic experts collected skin samples from the victim’s fingernails and found injuries on Sanjay’s body. On August 13, the Calcutta High Court handed over the case to the CBI, which currently has Sanjay in its custody.

At the same time, several theories have surfaced in public discourse and on social media vis-a-vis the circumstances of the postgraduate trainee’s death. Some people have opined that Sanjay Roy was being made a scapegoat to protect someone. It is also being claimed that the commission of the crime involved more than one person. In this connection, some specific names of doctors from the hospital have surfaced as the accused in the case.

Arshean Alam is one of the names. His name, along with that of another Muslim house staff, is particularly viral across social media platforms.

Right Wing X user Hindutva Knight (@HPhobiaWatch) tweeted the images of Arshean and the other Muslim R G Kar house staff and claimed that the Bengal government was trying to shelter the two. The tweet has received more than 10 Lakh views and has been retweeted over 7,000 times.

The Kolkata Police served a notice on the user on grounds of peddling misinformation. In response, the user again tweeted that they would not be deleting their tweet since they felt that the Kolkata Police’s intentions were not right and that the police were trying to save “a few high profile accused.”

Media outlets ABP Live and News 18 mentioned Arshean’s name in their reports.

The claim was also amplified by Right-wing columnist Madhu Kishwar. She tweeted a list which includes Arshean’s name. She claimed that all of the people named were absconding. It is worth noting that most of the names on the list are Muslims and Kishwar claims that the “names explain” why there is a “determined attempt to shield them” and hang Sanjoy Roy who she claims was “tricked into raping her dead body”.

Twitter user @MrNationalistJJ tweeted pictures of social media profiles of three names, one of which is Arshean’s. This user claims that these three, whom he identifies as ‘the culprits’, had left the country. (Archive)

Arshean’s name was circulated with the same claim by various other social media users. On Facebook, a post mentioning his name as a suspect was published on a group page named West Bengal Doctors Forum. (Archives- 1, 2, 3, 4, 5, 6)

Click to view slideshow.

Facebook has since been flooded with these claims. Below is a 1-minute screen recording of some posts on Facebook making the same allegation. However, these posts represent only the tip of the iceberg.

Alt News Investigation

Arshean Alam belongs to the batch of 2018 at the government-run R G Kar medical college. He completed his MBBS in 2023 and then did a mandatory one-year internship. After his convocation on May 3, 2024, he joined as a house staff at the trauma care unit of R G Kar Hospital. Alt News could independently establish that Arshean was at home and not at the hospital on the night of the alleged crime.

The autopsy of the slain doctor put the time of death between 3 and 5 am. Sanjay Roy, the prime accused, was seen entering the seminar hall on the third floor in the emergency building of the hospital around 4 am. During our investigation into Arshean’s whereabouts on that night, we reviewed CCTV footage from a shop next to his house, covering the hours between 1 am and 5 am. In the viewing of the footage, we found Arshean entering his home at 1.16 am, which is well before the time of the commission of the crime. We observed no movement from Arshean till 5 am, which confirms that he was at home when the crime was committed.

We visited his house and confirmed that there was no second exit through which one could get in or out. Other than the main entry/exit, we found another exit which was closed with an iron shutter, and locals told us that the shutter had been dysfunctional for at least one year. On the outside, we found pieces of rag hanging from a rope tied to it, further suggesting that the exit is not in use.

Alt News also spoke to joint commissioner (crime) of Kolkata Police Murlidhar Sharma who had been directly involved in the investigation before CBI took over. He told us that according to their findings, Arshean was not involved in the case in any way.

All of this proves with certainty that the suggestion on social media that Arshean Alam was directly involved in the commissioning of the crime at Kolkata’s R G Kar hospital is false. And he is not absconding.

Alt News spoke at length to Arshean. He said, “I am in a state of mental distress. I was at home, yet I am being implicated in this case. This has been incredibly difficult for me and my family. My reputation in society is being tarnished, and this amounts to defamation. A hate campaign is being spread by various social media accounts, and I fear for my safety and that of my family.”

He also informed us that he had filed an FIR against social media users who actively amplified baseless claims against him. Alt News saw a copy of the FIR. According to his complaint, the users posted several messages along with his photographs with the intent to promote enmity on communal grounds. It was further alleged that the messages contained false and fabricated accusations intended to implicate him in criminal cases and malign his reputation. The FIR has been filed under Sections 356, 351, 192, 196, and 61(2) of the BNS Act. Arshean has also mailed social media platforms regarding this.

We also spoke to a close friend and batchmate of Arshean. He told us, “We’re all upset about what’s happening to him. I know he couldn’t have done it because he was at home. Now his entire career is at stake. People have started abusing us for our association with Arshean, and our pictures with him online are flooded with abusive remarks. Our entire circle has been kicked out of the batch’s WhatsApp group because of this social media trial.”

At the time of the writing of this article, the claim is also viral on Instagram and WhatsApp. On Instagram, templates carrying his name have been shared extensively.

Click to view slideshow.

The post Arshean Alam social media trial: Alt News probe finds he was at home at the time of the R G Kar rape-murder appeared first on Alt News.


This content originally appeared on Alt News and was authored by Shinjinee Majumder.

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Faith and Fiction in the Scopes Monkey Trial https://www.radiofree.org/2024/08/14/faith-and-fiction-in-the-scopes-monkey-trial/ https://www.radiofree.org/2024/08/14/faith-and-fiction-in-the-scopes-monkey-trial/#respond Wed, 14 Aug 2024 17:42:36 +0000 https://progressive.org/latest/faith-and-fiction-in-the-scopes-monkey-trial-mccoy-20240814/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Robert McCoy.

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CPJ calls for support for Hong Kong journalists amid growing pressure, trial delays  https://www.radiofree.org/2024/08/12/cpj-calls-for-support-for-hong-kong-journalists-amid-growing-pressure-trial-delays/ https://www.radiofree.org/2024/08/12/cpj-calls-for-support-for-hong-kong-journalists-amid-growing-pressure-trial-delays/#respond Mon, 12 Aug 2024 11:47:11 +0000 https://cpj.org/?p=409458 New York, August 12, 2024—The Committee to Protect Journalists calls on Hong Kong authorities and news organizations to protect the rights of journalists to report freely and defend their profession at a time the media are facing growing pressure in the city.

“There is no journalism without press freedom,” said CPJ Asia Program Coordinator Beh Lih Yi. “Hong Kong journalists must be allowed to defend their right to report independently without the fear of reprisal or losing their livelihood. If Hong Kong is serious about reviving its slowing economy, then it must improve the media climate swiftly to shake off a reputation as a place with ever-increasing repression.” 

In recent months, officials and pro-Beijing news outlets have heaped pressure on the Hong Kong Journalists Association (HKJA), the city’s largest trade union for journalists.

In June, Hong Kong’s security chief Chris Tang accused the HKJA of lacking legitimacy and siding with demonstrators in 2019, while China’s state-backed Global Times in a July report described the group as “disingenuous and dangerous.”

In July, HKJA’s chair Selina Cheng said she was fired from her role at The Wall Street Journal after she was elected to lead the journalists’ union. She had been the sole candidate for the position amid a growing climate of self-censorship in Hong Kong, once a beacon of press freedom in Asia.

Asked for comment, a WSJ spokesperson told CPJ in an email that the outlet made “personnel changes” but could not comment on specific individuals. The spokesperson added that the WSJ advocates for press freedom in Hong Kong, the city which had been WSJ’s Asia headquarters before they were moved to Singapore in May. 

Another foreign correspondent and a local nonprofit adviser resigned immediately after they were elected to the HKJA’s executive committee in the group’s election following Tang’s criticism of the union.

Between May 2023 and March this year, Tang wrote eight letters to various international news outlets over their editorials or opinion articles about Hong Kong, some of which he labeled “extremely misleading,” “scaremongering,” and “lies.” Four of the eight letters were sent to WSJ.

A Hong Kong government spokesman said the city’s media landscape was “as vibrant as ever” with over 200 media organizations registered with local authorities, and that press freedom and the right to join trade unions were both protected under the law.

“As always, the media can exercise their freedom of the press in accordance with the law. Their freedom of commenting on and criticizing government policies remains uninhibited as long as this is not in violation of the law,” the spokesman told CPJ in an email.

Stand News Editor Patrick Lam (center) is escorted by police into a van after a raid on his office in Hong Kong in 2021. Lam and his former colleague Chung Pui-kuen are awaiting the verdict in their sedition trial. (Photo: AP/Vincent Yu)

Lengthy trials

The HKJA is the main journalists’ union in Hong Kong and has been advocating for press freedom since it was founded in 1968, but has been battling dwindling membership and funds after Beijing imposed a national security law in Hong Kong in 2020 that saw journalists arrested, jailed, and threatened. 

Among them, the then-HKJA chair Ronson Chan was sentenced to five days in jail in 2023 for obstructing a police officer while reporting.

Hong Kong passed its own homegrown national security law in March, and the U.S. Congress-funded Radio Free Asia shut its Hong Kong bureau days later over safety concerns for its reporters – joining an exodus of media and journalists who left the city since the 2020 crackdown began.

Journalists who remain point to a rising culture of self-censorship in local newsrooms and an increasing hesitation to criticize the government as Hong Kong loses its shine as a leading global financial hub. The city, once the world’s largest IPO market by value for years, saw proceeds raised from new share listings in the first half of 2024 plunge to a two-decade low.

Journalists also face lengthy delays and repeated postponements in their trials.

This includes the now-shuttered pro-democracy newspaper Apple Daily’s founder Jimmy Lai, whose trial on national security charges was adjourned again last month to late November. A representative for advocacy group Reporters Without Borders who went to Hong Kong to monitor Lai’s trial was detained and deported upon arrival.

Jimmy Lai
Apple Daily founder Jimmy Lai during an interview in Hong Kong in 2020. (Photo: AP/Vincent Yu)

The 76-year-old has been behind bars since 2020. On August 12, Lai lost an appeal against his conviction for taking part in unauthorized anti-government protests.

Patrick Lam and Chung Pui-kuen, former editors of the now-defunct independent news outlet Stand News are expected to hear the verdict in their sedition trial in late August, after a court in April postponed the long-awaited decision. The duo were granted bail in late 2022 after being remanded in custody for nearly a year.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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Vietnamese activist on trial from prison cell in Thailand https://www.rfa.org/english/news/vietnam/thailand-montagnard-trial-08012024063853.html https://www.rfa.org/english/news/vietnam/thailand-montagnard-trial-08012024063853.html#respond Thu, 01 Aug 2024 10:40:50 +0000 https://www.rfa.org/english/news/vietnam/thailand-montagnard-trial-08012024063853.html A court in Bangkok on Thursday began hearing a Vietnamese request for the extradition of a Montagnard activist who Vietnam accuses of terrorism but who rights groups say will be tortured if sent back.

Y Quynh Bdap, 32, a campaigner for ethnic minority people, is wanted in Vietnam where he was sentenced in absentia in January to 10 years in prison after being convicted of involvement in 2023 attacks on public agencies in Dak Lak province in which nine people were killed.

The co-founder of the Montagnards Stand for Justice indigenous rights group has been in Thailand since 2018 and denies involvement in the 2023 violence.

He was not allowed to attend Wednesday’s hearing and had to take part by teleconference from remand detention after Vietnamese officials cited security concerns.

"It's hard to inquire and translate on teleconference," defending lawyer Nadthasiri Bergman told Radio Free Asia.

"It is also a disadvantage being unable to meet a lawyer in the courtroom."

The case has shone a spotlight on Vietnam’s stand on dissent and also on what rights groups say is growing cooperation between states in the region to crack down on each other’s dissidents.

"The hearing must be transparent,” said Pornpen Khongkachonkiet, director of the Bangkok-based rights group Cross Cultural Foundation, describing Bdap as a rights defender at risk of deportation.

Bdap is from the Ede minority, one of about 30 groups known as Montagnards, the French term for hill people, in Vietnam’s Central Highlands. The mainly Christian groups have suffered years of persecution from authorities over religion and land rights.

‘Swap mart’

On June 11, Thai authorities arrested Bdap for “overstaying” his visa following an extradition request from Vietnam. 

Thailand does not recognize refugee status but the U.N. High Commissioner for Refugees has recognized him as a refugee and he is awaiting resettlement to a third country.

Bdap met Canadian authorities on June 10 to discuss resettlement there.

U.S. embassy officials and representatives of international organizations observed Thursday's hearing, as did Vietnamese security officials.

As well as the hearing on Vietnam's extradition request, Bdap will also stand trial for the immigration offense on Aug. 5.

It is unclear when the court will hand down its ruling, Bergman said, adding that Bdap would fight the two-tier proceedings.

She said she was hopeful that if a recently enacted Thai law on forced disappearances was taken into account, he “would not be sent back into harm’s way.”Thailand and Vietnam do not have an extradition treaty but have cooperated on a reciprocal cross-border basis in recent years when dealing with dissidents, right groups said.

New York-based Human Rights Watch accused Thailand of acting like a "swap mart" to exchange dissidents, and disregarding international norms.

Independent experts have called on Thailand to respect the obligation of non-refoulement, which prohibits returning a person to a country where they would face a risk of persecution or torture, the U.N. rights office said last month

More than 160 people are incarcerated in Vietnamese prisons for criticizing the government, among them environmental activists and campaigners for  press freedom, according to Human Rights Watch.

Edited by Mike Firn.


This content originally appeared on Radio Free Asia and was authored by By Pimuk Rakkanam for RFA.

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Vietnamese YouTuber’s trial date set, after 5-month detention https://www.rfa.org/english/news/vietnam/youtube-tuyen-trial-07252024214009.html https://www.rfa.org/english/news/vietnam/youtube-tuyen-trial-07252024214009.html#respond Fri, 26 Jul 2024 01:41:00 +0000 https://www.rfa.org/english/news/vietnam/youtube-tuyen-trial-07252024214009.html The trial of Vietnamese YouTube activist Nguyen Chi Tuyen will begin on Aug. 15, a court said, five months after he was detained for what investigating prosecutors said was "propaganda against the state."

Tuyen has been charged with "making, storing, spreading information, materials, items that contain fabricated information to cause dismay among the people" and "making, storing, spreading information, materials, items to cause psychological warfare," according to a court document seen by Radio Free Asia.

If convicted, he faces a prison sentence of five to 12 years.

The 50-year-old has played a leading role in Hanoi’s protest movement since joining demonstrations in 2011 over the conflicting territorial claims of Vietnam and China. He is a founding member of the No-U group, which opposes the nine-dash line, which China marks on its maps to illustrate its claim over most of the South China Sea.

Tuyen has also hosted hundreds of live-streamed discussions on YouTube on various issues and his  AC Media channel has 57,000 subscribers, while another one, Anh Chi Rau Den, has more than 97,000.

He was arrested on Feb. 29, but state media only reported the news a week later.


RELATED STORIES

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A human rights worker said activists should not be prosecuted but allowed to express themselves. 

"The prosecution and upcoming trial of human rights defender Nguyen Chi Tuyen under the draconian Article 117 of the Penal Code is the latest attempt by the regime to silence and jail another activist. He has repeatedly faced police intimidation, harassment, house arrest, bans on international travel, arbitrary detention and interrogations. The authorities must drop these fabricated charges against him and release him immediately and unconditionally,” Josef Benedict, CIVICUS Asia Pacific researcher told RFA.. 

“Instead of prosecuting activists, the government should instead implement the recent recommendations of the U.N. Human Rights Council to repeal such restrictive laws and create an enabling environment for activists and civil society." 

Tuyen has been denied family visits since his arrest. Relatives hired well-known human rights lawyer Nguyen Ha Luan to defend Tuyen.  Luan told RFA he had also received notice of the trial date and Tuyen’s family said the lawyer had been meeting Tuyen at his detention center to help him prepare his defense.

Authorities have arrested seven people, including Tuyen, on charges of “conducting propaganda against the state” since the beginning of the year. 

Tuyen was arrested on the same day as RFA blogger Nguyen Vu Binh. Rights groups, including the Committee to Protect Journalists, have called for their immediate release.

Translated by RFA Vietnamese. Edited by Mike Firn.


This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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US-Russian journalist Alsu Kurmasheva sentenced to 6.5 years in secret trial https://www.radiofree.org/2024/07/22/us-russian-journalist-alsu-kurmasheva-sentenced-to-6-5-years-in-secret-trial/ https://www.radiofree.org/2024/07/22/us-russian-journalist-alsu-kurmasheva-sentenced-to-6-5-years-in-secret-trial/#respond Mon, 22 Jul 2024 19:55:59 +0000 https://cpj.org/?p=405313 New York, July 22, 2024—The Committee to Protect Journalists strongly condemns Friday’s sentencing of U.S.-Russian journalist Alsu Kurmasheva to six-and-a-half years in prison on charges of spreading “fake” news about the Russian army.

“Russia’s appalling assault on the media continues to escalate with the secret sentencing of Alsu Kurmasheva,” said CPJ Director of Advocacy and Communications Gypsy Guillén Kaiser. “The U.S. government should immediately designate Kurmasheva – a dual U.S.-Russian citizen – as ‘wrongfully detained,’ leave no stone unturned to obtain her release, and stop Russia from using journalists as political pawns.”

Kurmasheve’s closed-door hearing took place on the same day that Wall Street Journal reporter Evan Gershkovich was sentenced to 16 years in jail on espionage charges, and against a backdrop of Russia’s increasing use of in absentia arrest warrants and sentences against exiled Russian journalists.

The U.S. government has designated Gershkovich as “wrongfully detained” by Russia – a move that unlocked a broad U.S. government effort to free him – but has not made the same determination about Kurmasheva.

Kurmasheva, an editor with the Tatar-Bashkir service of U.S. Congress-funded Radio Free Europe/Radio Liberty (RFE/RL), was detained on October 18, 2023, on charges of failing to register as a “foreign agent.” In December, a second charge of spreading “fake” information about the army — related to a book she had edited about Russians who oppose the war in Ukraine — was brought against her.

Kurmasheva has denied both charges. The status of the foreign agent case, which carries a sentence of up to five years, is unknown.

“This secret trial and conviction make a mockery of justice — the only just outcome is for Alsu to be immediately released from prison by her Russian captors,” RFE/RL President Stephen Capus said on Monday.

“My daughters and I know Alsu has done nothing wrong. And the world knows it too. We need her home,” Kurmasheva’s husband Pavel Butorin told CPJ on Monday.

Russia is the world’s fourth-worst jailer of journalists, with CPJ’s most recent prison census documenting at least 22 journalists in prison on December 1, 2023.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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On Trial: Protestors versus the Law | File on 4 | BBC Radio 4 | 2 July 2024 | Just Stop Oil https://www.radiofree.org/2024/07/02/on-trial-protestors-versus-the-law-file-on-4-bbc-radio-4-2-july-2024-just-stop-oil/ https://www.radiofree.org/2024/07/02/on-trial-protestors-versus-the-law-file-on-4-bbc-radio-4-2-july-2024-just-stop-oil/#respond Tue, 02 Jul 2024 20:55:09 +0000 http://www.radiofree.org/?guid=8a22eb4f011c4967f48cea2a4502977d
This content originally appeared on Just Stop Oil and was authored by Just Stop Oil.

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US journalist Evan Gershkovich faces 20-year sentence as trial begins in Russia https://www.radiofree.org/2024/06/26/us-journalist-evan-gershkovich-faces-20-year-sentence-as-trial-begins-in-russia/ https://www.radiofree.org/2024/06/26/us-journalist-evan-gershkovich-faces-20-year-sentence-as-trial-begins-in-russia/#respond Wed, 26 Jun 2024 11:54:06 +0000 https://cpj.org/?p=399983 New York, June 26, 2024—As the closed-door trial of U.S. journalist Evan Gershkovich opened in a Russian court on Wednesday, the Committee to Protect Journalists denounced it as a travesty of justice and renewed its call for the journalist’s immediate release.

“U.S. reporter Evan Gershkovich goes on trial today after nearly 15 months of unjust detention. Given the spurious and unsubstantiated charges brought against him, this trial is nothing more than a masquerade,” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator. “Russian authorities must put an end to this travesty of justice, release Gershkovich, drop all charges against him, and stop prosecuting members of the press for their work.”

Gershkovich’s trial started Wednesday, June 26, in the Sverdlovsk Regional Court in the Russian city of Yekaterinburg, reports said. It is not known how long the trial will last.

Russia’s Federal Security Service (FSB) accused Gershkovich, a reporter with The Wall Street Journal, of collecting “secret information” for the CIA on a Russian tank factory in the Sverdlovsk region and arrested him on espionage charges on March 29, 2023.

Gershkovich faces up to 20 years in prison and is the first American journalist to face such accusations by Russia since the end of the Cold War. The journalist, his outlet, and the U.S. government have all denied the espionage allegations.

“No evidence has been unveiled. And we already know the conclusion: This bogus accusation of espionage will inevitably lead to a bogus conviction for an innocent man who would then face up to 20 years in prison for simply doing his job,” said Emma Tucker, editor-in-chief of The Wall Street Journal, in a Tuesday statement.

On June 13, the Russian prosecutor general’s office announced that Gershkovich’s indictment had been finalized.

“I think we were all hopeful that we were able to broker a deal with the Russians before this happened, but it doesn’t stop or slow us down,” Roger Carstens, the special presidential envoy for hostage affairs at the U.S. Department of State, told the House Foreign Affairs Committee the same day.

On April 11, 2023, the U.S. State Department designated Gershkovich as “wrongfully detained,” unlocking a broad government effort to free him.

Russia was the world’s fourth-worst jailer of journalists, with at least 22 behind bars, including Gershkovich and Alsu Kurmasheva, a U.S.-Russian journalist, when CPJ conducted its most recent prison census on December 1, 2023.


This content originally appeared on Committee to Protect Journalists and was authored by Arlene Getz/CPJ Editorial Director.

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Trial resumes for Cambodian environmental activists | Radio Free Asia (RFA) https://www.radiofree.org/2024/06/17/trial-resumes-for-cambodian-environmental-activists-radio-free-asia-rfa/ https://www.radiofree.org/2024/06/17/trial-resumes-for-cambodian-environmental-activists-radio-free-asia-rfa/#respond Mon, 17 Jun 2024 21:00:40 +0000 http://www.radiofree.org/?guid=edba93c951b55e98aa39b8f4e9e4ab81
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Trial resumes for Cambodian environmental activists | Radio Free Asia (RFA) https://www.radiofree.org/2024/06/17/trial-resumes-for-cambodian-environmental-activists-radio-free-asia-rfa-2/ https://www.radiofree.org/2024/06/17/trial-resumes-for-cambodian-environmental-activists-radio-free-asia-rfa-2/#respond Mon, 17 Jun 2024 20:47:23 +0000 http://www.radiofree.org/?guid=ff0d2e1b3182d8a39b7c7ee979b12fc4
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Prosecutors play videos of environmental activists at Cambodian trial https://www.rfa.org/english/news/cambodia/mother-nature-videos-trial-06172024164125.html https://www.rfa.org/english/news/cambodia/mother-nature-videos-trial-06172024164125.html#respond Mon, 17 Jun 2024 20:42:00 +0000 https://www.rfa.org/english/news/cambodia/mother-nature-videos-trial-06172024164125.html Prosecutors on Monday played video and audio depicting environmental activists criticizing the government’s response to the COVID-19 pandemic and talking about their efforts to preserve Cambodia’s natural resources.

The trial of 10 activists charged in a case that covers several instances of activism resumed at Phnom Penh Municipal Court, with representatives from the European Union, the United Nations and civil society organizations in attendance.

Seven of the activists are from environmental group Mother Nature. They are facing charges that they insulted Cambodia’s king and plotted to overthrow the government.

Monday’s proceedings included the screening of videos showing Mother Nature founder Alexander Gonzalez-Davidson speaking to reporters about “environmental destruction” in Cambodia and a presentation that he gave in 2019 to Cambodians living in California.

Prosecutors also quoted a Radio Free Asia call-in show from 2021 that featured Gonzalez-Davidson and Transparency International Cambodia Executive Director Pech Pisey saying that then-Prime Minister Hun Sen had failed to provide assistance to people in Cambodia who were quarantined because of the pandemic.

Gonzalez-Davidson, Pech Pisey and three other activists are not attending the trial and are being tried in absentia. Gonzalez-Davidson, who is from Spain, was deported from Cambodia in 2015.

No plans for violence

The other five activists present for the trial – Long Kunthea, Yim Leang Hy, Thon Ratha, Phoun Keo Raksmey and Ly Chandaravuth – gave roses to police and security guards at the courthouse on Monday.

At a hearing earlier this month, the five activists wore white clothes to protest what they called an unfair Cambodian justice system, and also burned incense in front of the court and later meditated under a heavy rain.

After the hearing, Ly Chandaravuth told reporters that the videos only showed Gonzalez-Davidson’s personal views on the Cambodian leadership and didn’t cause any violence.

“There was no element about committing violence or planning to commit violence against any institution or any act that undermines the integrity of Cambodian territory,” he said. 

Gonzalez-Davidson told RFA that his comments in the videos didn’t contain any evidence of a conspiracy.

“They have no victims, no witnesses, no crimes,” he said. “They only have my interviews with journalists as evidence in their hands.”

All of the comments presented in the video and audio clips should be protected under freedom of expression, said Adhoc human rights officer Yi Sok San, who attended Monday’s hearing.

Presiding Judge Ouk Reth Kunthea said the trial would resume on June 24.

Translated by Sok Ry Sum. Edited by Matt Reed and Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By RFA Khmer.

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Trial resumes for Cambodian environmental activists https://www.radiofree.org/2024/06/17/trial-resumes-for-cambodian-environmental-activists/ https://www.radiofree.org/2024/06/17/trial-resumes-for-cambodian-environmental-activists/#respond Mon, 17 Jun 2024 19:27:07 +0000 http://www.radiofree.org/?guid=fcdde199abeeb163a0ffba9ed5192ef9
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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US journalist Evan Gershkovich to stand trial June 26 https://www.radiofree.org/2024/06/17/us-journalist-evan-gershkovich-to-stand-trial-june-26/ https://www.radiofree.org/2024/06/17/us-journalist-evan-gershkovich-to-stand-trial-june-26/#respond Mon, 17 Jun 2024 15:18:28 +0000 https://cpj.org/?p=396006 New York, June 17, 2024—As a Russian court on Monday set the beginning of the trial of U.S. journalist Evan Gershkovich for June 26, the Committee to Protect Journalists renewed its call to immediately release him and drop all charges against him.

“The start of Gershkovich’s trial comes after he has already spent more than 14 months behind bars for no other reason than his work as a journalist,” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator. “Russian authorities must immediately release Gershkovich, drop all charges against him, and stop prosecuting members of the press for their work.”

The investigation department of Russia’s Federal Security Service (FSB) accused Gershkovich, a reporter with The Wall Street Journal, of acting on assignment for the CIA and collecting “secret information” on a Russian tank factory in the Sverdlovsk region, where he was arrested on espionage charges on March 29, 2023, according to a press release by the Sverdlovsk Regional Court, where Gershkovich’s trial will start behind closed doors on June 26.

It is not known how long Gershkovich’s trial will last, The Wall Street Journal reported on Monday.

Gershkovich, whose detention has been extended five times since his arrest, faces up to 20 years in prison, according to the Russian criminal code. He is the first American journalist to face such accusations by Russia since the end of the Cold War. Gershkovich, The Wall Street Journal, and the U.S. government have all denied the espionage allegations.

On June 13, the Russian prosecutor general’s office announced that Gershkovich’s indictment had been finalized and that the case against him was sent to court.

“Evan Gershkovich is facing a false and baseless charge. Russia’s latest move toward a sham trial is, while expected, deeply disappointing and still no less outrageous,” said Almar Latour, CEO of Dow Jones and publisher of The Wall Street Journal, and Emma Tucker, editor in chief of the publication, in a statement on June 13.

On April 11, 2023, the U.S. State Department designated Gershkovich as “wrongfully detained,” which unlocked a broad government effort to free him.

Russia was the world’s fourth-worst jailer of journalists, with at least 22 behind bars, including Gershkovich and Alsu Kurmasheva, a U.S.-Russian journalist, when CPJ conducted its most recent annual prison census on December 1, 2023.

CPJ emailed the Sverdlovsk Regional Court and the Russian prosecutor general’s office but did not immediately receive any response.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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The Trump trial: America’s Weimar moment? https://www.radiofree.org/2024/06/14/the-trump-trial-americas-weimar-moment/ https://www.radiofree.org/2024/06/14/the-trump-trial-americas-weimar-moment/#respond Fri, 14 Jun 2024 11:15:02 +0000 http://www.radiofree.org/?guid=159e39feb1c328f98211c88e84ab2fed
This content originally appeared on The Real News Network and was authored by The Real News Network.

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CPJ calls for end to trial of 11 anti-corruption journalists in Kyrgyzstan https://www.radiofree.org/2024/06/13/cpj-calls-for-end-to-trial-of-11-anti-corruption-journalists-in-kyrgyzstan/ https://www.radiofree.org/2024/06/13/cpj-calls-for-end-to-trial-of-11-anti-corruption-journalists-in-kyrgyzstan/#respond Thu, 13 Jun 2024 19:08:39 +0000 https://cpj.org/?p=395536 Stockholm, June 13, 2024—The Committee to Protect Journalists urges Kyrgyz authorities to immediately drop all charges against 11 current and former Temirov Live staff, ahead of an unprecedented trial due to open on Friday, and end the harassment of the independent press.

“Even as Kyrgyzstan continues its rapid descent into authoritarianism under President Sadyr Japarov, issuing prison sentences for 11 journalists would mark a terrible watershed in a country historically seen as Central Asia’s ‘island of democracy,’” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator, in New York. “Kyrgyz authorities’ international reputation will be in tatters if the current and former staff of investigative outlet Temirov Live are convicted on evidently trumped-up charges.”

At a preliminary hearing on June 7, judges at the Lenin District Court, in the capital, Bishkek, rejected motions to dismiss the case against Temirov Live director Makhabat Tajibek kyzy, the investigative outlet’s current staff Aike Beishekeyeva, Akyl Orozbekov, Sapar Akunbekov, and Azamat Ishenbekov, and its former journalists Aktilek Kaparov, Tynystan Asypbekov, Joodar Buzumov, Saipidin Sultanaliev, Maksat Tajibek uulu, and Jumabek Turdaliev, and set the first session of the case for June 14, according to reports and Temirov Live founder Bolot Temirov, who spoke to CPJ from exile. The court also extended the pre-trial detention of Tajibek kyzy, Kaparov, Beishekeyeva, and Ishenbekov, those sources said.

The 11 current and former Temirov Live employees were arrested in January on charges of inciting mass unrest, which could see them jailed for up to eight years under Article 278 of Kyrgyzstan’s criminal code. Seven of the journalists were subsequently released into house arrest or under travel bans pending trial.

A local partner of global investigative network Organized Crime and Corruption Reporting Project (OCCRP), Temirov Live is known for its anti-corruption investigations into senior government officials and has more than 280,000 subscribers on its YouTube channels. In November 2022, authorities deported Kyrgyzstan-born Temirov to Russia and banned him from entering the country for five years, after convicting the journalist of using forged documents to obtain a passport, in a case widely regarded as retaliation for his reporting.

Since Japarov came to power in 2020, Kyrgyz authorities have launched an unprecedented crackdown on independent reporting in a country previously seen as a regional haven for the free press.

In January, security services raided privately owned news website 24.kg and opened a criminal case citing “propaganda of war.” In February, a court shuttered Kloop, another OCCRP investigative partner. In April, Japarov ratified a Russian-style “foreign agents” law that could be used to target media outlets and press freedom groups.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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It’s time to stop talking about the Trump trial: ‘The court is not going to save us’ https://www.radiofree.org/2024/06/13/its-time-to-stop-talking-about-the-trump-trial-the-court-is-not-going-to-save-us/ https://www.radiofree.org/2024/06/13/its-time-to-stop-talking-about-the-trump-trial-the-court-is-not-going-to-save-us/#respond Thu, 13 Jun 2024 18:11:52 +0000 http://www.radiofree.org/?guid=f9810b3e0d99ddbd84528d7f817fb536
This content originally appeared on The Real News Network and was authored by The Real News Network.

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Hunter Biden: President’s Son Convicted in Federal Gun Case, Faces Tax Evasion Trial Next https://www.radiofree.org/2024/06/12/hunter-biden-presidents-son-convicted-in-federal-gun-case-faces-tax-evasion-trial-next/ https://www.radiofree.org/2024/06/12/hunter-biden-presidents-son-convicted-in-federal-gun-case-faces-tax-evasion-trial-next/#respond Wed, 12 Jun 2024 15:14:12 +0000 http://www.radiofree.org/?guid=cb572963f15421d1ef46e2ecb1048e88
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Hunter Biden: President’s Son Convicted in Federal Gun Case, Faces Tax Evasion Trial Next https://www.radiofree.org/2024/06/12/hunter-biden-presidents-son-convicted-in-federal-gun-case-faces-tax-evasion-trial-next-2/ https://www.radiofree.org/2024/06/12/hunter-biden-presidents-son-convicted-in-federal-gun-case-faces-tax-evasion-trial-next-2/#respond Wed, 12 Jun 2024 12:27:32 +0000 http://www.radiofree.org/?guid=55f9254c36bec8b3d5c4b064e9491deb Seg2 hunter biden 1

A federal jury found Hunter Biden guilty Tuesday of three felony charges for illegally purchasing a gun at a time when he was using drugs, making him the first child of a sitting U.S. president to be found guilty of a crime. “This was a fairly straightforward case,” says Ben Schreckinger, reporter for Politico. “Most criminal trials result in convictions. This wasn’t an exception.” Schreckinger lays out the political implications for President Joe Biden, compares this conviction to Trump’s criminal proceedings and explains Hunter Biden’s upcoming trial for tax fraud in California.


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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The Trump trial & America’s two-tiered justice system w/ Laura Flanders & Rick Perlstein https://www.radiofree.org/2024/06/11/the-trump-trial-americas-two-tiered-justice-system-w-laura-flanders-rick-perlstein/ https://www.radiofree.org/2024/06/11/the-trump-trial-americas-two-tiered-justice-system-w-laura-flanders-rick-perlstein/#respond Tue, 11 Jun 2024 17:42:51 +0000 http://www.radiofree.org/?guid=8f645c0170ee68787dd8e61c98ca802c
This content originally appeared on The Real News Network and was authored by The Real News Network.

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Matt Gertz on Trump Trial Verdict, Kandi Mossett on Dakota Access Struggle https://www.radiofree.org/2024/06/07/matt-gertz-on-trump-trial-verdict-kandi-mossett-on-dakota-access-struggle/ https://www.radiofree.org/2024/06/07/matt-gertz-on-trump-trial-verdict-kandi-mossett-on-dakota-access-struggle/#respond Fri, 07 Jun 2024 15:34:29 +0000 https://fair.org/?p=9039963  

 

Yahoo: Donald Trump Blasts Judge As A “Devil” And Justice System As “Rigged” In Speech After Guilty Verdict

Yahoo (5/31/24)

This week on CounterSpin: Surprising no one, Donald Trump and his sycophants responded to his 34-count conviction on charges of lying in business records by claiming that the trial was “rigged,” the judge and jury corrupt, that it was somehow Joe Biden’s doing, and “you know who else was persecuted? Jesus Christ.” Trump publicly calling the judge a “devil,” and Bible-thumping House Speaker Mike Johnson and others showing up at the courthouse in Trump cosplay, were just some of the irregular, shall we say, elements of this trial. It is a moment to examine the right-wing media that have fomented this scary nonsense, but also to look to reporting from the so-called “mainstream” to go beyond the “some say, others differ” pablum we often see. We’ll talk with Matt Gertz, senior fellow at Media Matters, about press response to the trial and the verdict.

 

 

 

New York Times photo of tear gas at Standing Rock (photo: Stephanie Keith/Reuters)

New York Times (11/21/16)

Also on the show: For some people the violent police crackdown on peaceful college students protesting their schools’ investments in Israel’s war on Palestinians has been eye-opening. For others, it’s one more example of the employment of law enforcement to brutally enforce corporate power. The fight led by Indigenous women against the Dakota Access pipeline is not long enough ago to have been forgotten. We’ll hear a bit from an August 2017 interview with North Dakota organizer Kandi Mossett.

 


This content originally appeared on FAIR and was authored by Fairness & Accuracy In Reporting.

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Environmental activists in Cambodia boycott trial | Radio Free Asia (RFA) https://www.radiofree.org/2024/06/05/environmental-activists-in-cambodia-boycott-trial-radio-free-asia-rfa/ https://www.radiofree.org/2024/06/05/environmental-activists-in-cambodia-boycott-trial-radio-free-asia-rfa/#respond Wed, 05 Jun 2024 20:31:23 +0000 http://www.radiofree.org/?guid=be726d31b83b418346a0bc327346d328
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Environmental activists in Cambodia boycott trial | Radio Free Asia (RFA) https://www.radiofree.org/2024/06/05/environmental-activists-in-cambodia-boycott-trial-radio-free-asia-rfa-2/ https://www.radiofree.org/2024/06/05/environmental-activists-in-cambodia-boycott-trial-radio-free-asia-rfa-2/#respond Wed, 05 Jun 2024 20:18:07 +0000 http://www.radiofree.org/?guid=e839a1af60d77cc283912df0add428ee
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Mother Nature activists in Cambodia refuse to attend trial https://www.rfa.org/english/news/cambodia/mother-nature-trial-attendance-06052024151148.html https://www.rfa.org/english/news/cambodia/mother-nature-trial-attendance-06052024151148.html#respond Wed, 05 Jun 2024 19:12:00 +0000 https://www.rfa.org/english/news/cambodia/mother-nature-trial-attendance-06052024151148.html Five activists from environmental group Mother Nature refused to attend a hearing at Phnom Penh Municipal Court on Wednesday after authorities blocked supporters and journalists from attending the proceeding.

The activists are facing charges that they insulted Cambodia’s king and plotted to overthrow the government.

As they had for a previous hearing, they wore white clothes to protest what they call an unfair Cambodian justice system, and also burned incense in front of the court and later meditated under a heavy rain.

They are among 10 activists charged in a case that covers several instances of activism, including the 2021 filming of sewage draining into the Tonle Sap river in front of Phnom Penh’s Royal Palace. Seven of the 10 activists were a part of Mother Nature.

One of the defendants, Ly Chandaravuth, told reporters outside the court that members of the public should be able to attend and monitor the trial.

“Don’t claim you are independent,” he said of the court. “Don’t claim you are independent if you won’t have a public trial.”

Court officials announced earlier on Tuesday that journalists would need to pre-register with authorities if they wanted to go inside the courtroom. 

Limiting access to the courtroom is part of Deputy Prosecutor Seng Heang’s effort to rush the case toward a verdict, Ly Chandaravuth said.

ENG_KHM_ENVIRONMENTAL ACTIVISTS_06052024.2.jpg
A group of Cambodian environmental activists sit near barricades blocking a street to Phnom Penh municipal court in Phnom Penh on June 5, 2024. (Tang Chhin Sothy/AFP)

Ly Chandaravuth and the other four activists who refused to attend Wednesday’s hearing are out on bail in the case. 

The other five defendants in the case are either in hiding or live outside of the country and are being tried in absentia, including the group’s Khmer-speaking founder, Spanish environmentalist Alejandro Gonzalez-Davidson, who was deported from Cambodia in 2015.

Police officer’s testimony

The five activists outside the court building on Wednesday appeared to be trying to disrupt the proceedings with their absence and their behavior, Seng Heang said.

Inside the courtroom, judicial police officer Chin Vannak testified that Gonzalez-Davidson and the Mother Nature movement have used the issue of protecting Cambodia’s forestland as a pretext for inciting people to overthrow the government.

Defendants’ lawyer Sam Chamroeun said the allegations made by the judicial police officer didn’t contain any specific evidence that Mother Nature wanted to overthrow the government.

Yi Soksan, who monitored the hearing for human rights group Adhoc, said a judicial police report was presented as evidence but also didn’t have a specific basis for indicting Mother Nature activists. 

The judicial police officers also didn’t present any concrete evidence in response to questions from defense lawyers, he said.

Presiding Judge Ouk Reth Kunthea scheduled the next hearing for June 11.

Translated by Yun Samean. Edited by Matt Reed and Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By RFA Khmer.

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What Donald Trump’s Criminal Trial Reveals About a Potential Second Trump Administration https://www.radiofree.org/2024/06/05/what-donald-trumps-criminal-trial-reveals-about-a-potential-second-trump-administration/ https://www.radiofree.org/2024/06/05/what-donald-trumps-criminal-trial-reveals-about-a-potential-second-trump-administration/#respond Wed, 05 Jun 2024 10:00:00 +0000 https://www.propublica.org/article/donald-trump-criminal-trial-second-term by Andrea Bernstein

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

There’s a tape that both the defense and the prosecution played in summations in former President Donald Trump’s criminal trial. In it, you can hear the chaos of Trump’s office at Trump Tower in September of 2016: Trump seems to be having multiple conversations almost simultaneously. He talks to an unidentified person on the phone. He discusses polls with Michael Cohen, his executive vice-president at the time. Trump and Cohen talk about a diversity initiative and stopping the media from unsealing the records of Trump’s first divorce. His executive assistant pops in with word of a call from a developer. Trump calls for a Coke.

And then, very clearly, you can hear Cohen saying, “I need to open up a company for the transfer of all of that info regarding our friend, David, you know, so that — I’m going to do that right away. I’ve actually come up and I’ve spoken … I’ve spoken to Allen Weisselberg” — then the Trump Organization’s chief financial officer — “about how to set the whole thing up.”

Trump interrupts and says, “So, what do we got to pay for this, 150?” Then he says, “Cash?”

“No, no, no, no no,” Cohen says. “I got it.”

On the most literal level, the tape showed Trump discussing the logistics of paying off a woman who said she had an affair with him. This was key evidence for the jury’s ultimate finding that he had intended to alter the outcome of the 2016 election by making unlawful hush money payments.

When this tape was first made public, in 2018, it was hard to pin down exactly what it all meant. But as Trump’s seven-week trial proceeded, the broader meaning of the tape emerged in sharp relief: Everything is connected in Trump world, ethical borders are easily crossed and Trump is on top of every detail.

The verdict in the criminal trial provided answers to a narrow series of questions, not least of which was whether a presidential candidate had used illicit means to prevent voters from learning about a payoff to conceal a sexual encounter. (Trump has vowed to appeal.) But the trial also unveiled a broad array of evidence that went far beyond the charges. It revealed a lot about how Trump went about running his company and the presidency — and provided hints of how that might play out in a second Trump administration.

For most of Trump’s presidential term, I co-hosted the ProPublica/WNYC podcast “Trump, Inc.,” whose mission was to delve into the conflicts of interest between Trump’s business and his presidency. Because there was so much that journalists didn’t — and couldn’t — understand about a privately held company that clung tightly to its secrets, “Trump, Inc.” billed itself as “an open investigation.” We were candid about what we did and did not know because we lived in a world of doubt.

“Trump, Inc.” uncovered a lot, including unearthing Cohen’s dubious connections in 2018 and outlining how his role as Trump’s lawyer (then still intact) created a cloak of legal privilege that hid their interactions.

But we saw just tiny glimpses of the documents that have now been revealed in their entirety in the criminal trial; we had no access to the many Trump employees, current and former, who have now described, under oath, the inner workings of the Trump Organization.

That testimony confirmed what that tape seemed to show: that Trump pays close, close attention to all his business affairs, and always has. This, in turn, suggests that the mixing of Trump’s presidency and business that “Trump, Inc.” and others documented occurred under that same watchful eye. And if voters elect Trump a second time — this time knowing that he was convicted of a crime, one where key acts were committed in the Oval Office, on top of his two impeachments — Trump can conclude that America’s voters have blessed his way of doing business. There’s every reason to believe his conflicts of interest will only be more open and more unapologetic.

The Trump campaign did not respond to a request for comment.

Trump employees testified to his intense level of control in three trials against Trump or his company over the past two years. These were among five trials since 2022, each of which I covered in person, including the criminal trial of his company for tax fraud, two defamation suits brought by the writer E. Jean Carroll and the New York attorney general’s civil fraud trial. Each trial ended badly for Trump or his company (and each is being appealed).

Donald Trump’s criminal trial in New York offered one sharp revelation after the next. The disclosures came not just from the talked-about witnesses, such as former National Enquirer publisher David Pecker, Stormy Daniels and Cohen himself, but also from Trump’s former comptroller, his executive assistant and the aide who sat closest to the Oval Office. Some of these individuals, including a junior bookkeeper for the Trump Organization and the head of the company’s accounts payable department, work in Trump Tower to this day.

The picture that emerges from their testimony is of a boss — “The Boss” is what they nearly uniformly call him — who manages the tiniest of details but leaves the faintest of traces of all that management. Up until the throes of the 2016 campaign, Trump had to approve every payment over $2,500, an extraordinarily tiny sum for a mogul with assets around the globe. (For the duration of the campaign, until he became president, that amount inched up, to $10,000.) Trump would reject checks he didn’t want to pay and send them back to his underlings, with the word “VOID” scrawled on them in Sharpie.

Trump watched every expense in this way, his comptroller Jeff McConney testified. Trump once told him, early in his time at the company, “You’re fired,” because McConney hadn’t made an effort to reduce Trump’s bills before presenting Trump with payment documents. “It was a teaching moment,” McConney said on the stand. This close attention and tight-fistedness extended company wide: When it came to Trump University, Cohen testified, it was part of his job to offer a vendor 20% of what they were owed, or to pay them nothing at all.

Trump brought this ethos to the White House, where, as his lawyers liked to point out, he was the “leader of the free world.” He took time to write “PAY” on a $6,974 invoice sent by Trump Organization executive assistant Rhona Graff for an annual membership and “food minimum” at the Winged Foot Golf Club in Mamaroneck, New York.

Trump, of course, handed over control of the Trump Organization, including the oversight of its payments, to his older sons and Weisselberg at the outset of his administration. But he never gave up ownership of his company. He always made money from it, and does to this day.

And Trump, while president, went to extraordinary lengths to keep control of his “personal” checking account. That account actually belonged to a Trump Organization business entity, which underscored the lack of separation between Trump and the company he had ostensibly separated himself from. Trump’s personal checks were approved by Weisselberg; generated by Deborah Tarasoff, the head of Trump’s accounts payable department; stapled to the approved invoice; and sent via FedEx by Trump’s junior bookkeeper, Rebecca Manochio, to the Washington home of Trump’s bodyguard-turned-White House aide, Keith Schiller, who would bring them over for Trump to sign. That’s how the checks that Trump signed to Cohen made their way to the Oval Office.

“Checks came in a FedEx envelope” that Schiller delivered, testified Madeleine Westerhout, Trump’s director of Oval Office operations. “I opened the envelope. And inside was a manila folder with a stack of checks. And I brought the manila folder in to the president for him to sign.”

Money wasn’t the only thing Trump paid close attention to. He wrote all of his social media posts, save for a few written by an aide, Dan Scavino. Sometimes, Trump would dictate tweets to Westerhout. She would type them up, print them out and show them to Trump so the president of the United States could take time to scrutinize, and adjust, the punctuation. “He liked to use the Oxford comma,” Westerhout testified.

Trump did not send emails or text messages. This aversion has long been known, but the trial testimony laid out a whole series of ways in which Trump communicated without leaving precise documentation.

He was on the phone beginning at 6 in the morning and “late into the night after I went to bed, so I always felt guilty about that,” Westerhout testified. He’d often use Schiller’s cellphone to make calls, and employees would use that number to reach Trump. There were no Trump memos, no notepads, no Post-it notes, just an occasional Sharpie scrawl. And largely, except for Cohen’s, no testimony that what these employees did, they did “at the direction of” and “for the benefit of” Donald Trump. (This was an essential part of the judge’s charge to the jury: that Trump “personally, or by acting in concert with another person or persons, made or caused a false entry in the business records of an enterprise.”)

This is the backdrop for the conflicts “Trump, Inc.” and other news media covered while Trump was president. To recap some of them (at a moment when polls show many Americans have forgotten much of what transpired during his administration): Trump’s hotel in Washington became a must stop-by for foreign officials, earning his company millions. He caused the U.S. Treasury to spend more than $1 million to house Secret Service agents in rooms with top-of-the-market rates at Mar-a-Lago and had the government pick up the tab for $1,005.60 in cocktails apparently enjoyed by administration officials and friends at his resort’s bar.

During Trump’s presidency, the response to questions about all this went something like this: As a global businessman, he or his allies would say, how could he possibly pay attention to whether the presidential seal was used on his golf courses? Or whether his son, Don Jr., was trading on the name “Donald Trump” to sell condos in India. Or whether businesspeople with foreign ties were trying to make a buck, or millions, from his presidency?

Indeed, this was part of Trump’s defense in the criminal trial, and in the civil fraud trial at which Trump was ordered to pay hundreds of millions of dollars to New York state for what a judge found was a yearslong practice of lying about the value of his assets. When he testified at that civil trial, Trump distanced himself from the fraud: “All I did was authorize and tell people to give whatever is necessary for the accountants to do the statements,” he said. And the false statements of financial condition? “I would look at them, I would see them and maybe on some occasions, I would have some suggestions.”

As is his right, Trump chose not to testify at his criminal trial, but his lawyer Todd Blanche argued on his behalf that Trump “had nothing to do, had nothing to do with the invoice, with the check being generated, or with the entry on the ledger” and that he was so busy being president he maybe didn’t even look at the checks he signed. “Sometimes he would sign checks even when he was meeting with people, while he was on the phone, and even without reviewing them,” Blanche said during closing arguments.

The jury did not buy that defense.

Trump is currently leading in the polls. It’s entirely possible he will be elected president. Yet he’s continuing to aggressively pursue business deals in countries that will have a long list of issues on which they will be seeking U.S. support.

The Trump Organization entered a full-on partnership with LIV Golf, an entity majority-owned by the government of Saudi Arabia, for tournaments at his golf courses. And last year, a New York Times reporter and photographer visited what the reporter called a “multibillion-dollar project backed by Oman’s oil-rich government that has an unusual partner: former President Donald J. Trump.” The project was launched and is being built while Trump is the front-runner for a second presidency. But neither the Trump Organization nor the Trump campaign tried to defend or separate the project from the candidate who, while not running the company, still makes money from it.

“It’s like the Hamptons of the Middle East,” Eric Trump, who now runs the Trump Organization, told the Times. The paper wrote: “Oman, in fact, is nothing like the Hamptons. It is a Muslim nation and absolute monarchy, ruled by a sultan, who plays a sensitive role in the Middle East: Oman maintains close ties with Saudi Arabia and its allies, but also with Iran, with which it has considerable trade.”

It isn’t just the foreign deals. In April, right around the time Trump was about to be criminally tried in New York, he offered oil executives gathered at Mar-a-Lago “a deal,” the Washington Post reported. The publication summarized his message as: “You all are wealthy enough that you should raise $1 billion to return me to the White House.” In exchange, the Post said, Trump promised to reverse President Joe Biden’s initiatives to slow climate change, vowing to roll back some of them “on Day 1.”

And, as has been widely reported, with Truth Social going public, Trump has set up what Vox called “a perfect avenue for potential corruption.” As Vox noted, it’s “a way for Trump’s supporters to personally offer him financial support at a time when he desperately needs it.” By propping up the share price of the stock of the cash-hemorrhaging social media company, shareholders have potentially put billions of dollars in Donald Trump’s pocket.

It’s clear that Trump plays favorites and rewards loyalty; nearly eight years after he was inaugurated in 2017, it’s hard to imagine that any savvy businessperson or foreign leader fails to recognize this.

Certainly, those who were once in Trump’s orbit, if only briefly, testified to the dark side of that equation. Both Cohen and Daniels described the torrent of retribution they’ve experienced. Trump is unapologetic about his quest for vengeance. As he put it in one social media post last summer, “IF YOU GO AFTER ME I’M COMING AFTER YOU.”

Merely having been once employed by Trump seems to have taken a toll, on even relatively minor figures. In the civil fraud trial, Trump’s former comptroller, McConney, started weeping when he was asked why he no longer worked at the Trump Organization. He said he could no longer “deal with” the legal scrutiny he’d suffered. In the criminal trial, both former communications director Hope Hicks and Westerhout burst into tears on the stand, reflecting on their work history with Trump. Both said they remained loyal, but both had been banished from Trump’s graces.

And as for Weisselberg, he was not called to testify in this trial. His previous testimony in the trial of Trump’s company resulted in felony convictions on 17 counts and a five-month jail sentence. He is now serving a second jail sentence, in Rikers Island, for committing perjury in Trump’s civil fraud trial.

In the courthouse, Trump spent long stretches of time in an uncomfortable room with the shades always drawn, the fluorescent lighting unforgiving. He was required to listen to weeks of unflattering testimony, including, several times, to his own voice on that tape Cohen made of him, utterly cognizant of the tawdry deal he was striking. Saying, “So, what do we got to pay for this, 150?” After all the testimony in his criminal trial, this no longer seems like a random moment. It sounds like who Trump is: his attention to detail, his willingness to subvert the rules, the way he wields money to enhance his power, and vice versa, and is utterly unashamed.

The public knows all this now. In a second Trump presidency, it’s exactly what we’d get. Except this time, it will be all out before us, not in a secretly recorded tape.


This content originally appeared on ProPublica and was authored by by Andrea Bernstein.

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The Pacifica Evening News, Weekdays – June 3, 2024 Hunter Biden’s Delaware gun charge trial seats a jury. https://www.radiofree.org/2024/06/03/the-pacifica-evening-news-weekdays-june-3-2024-hunter-bidens-delaware-gun-charge-trial-seats-a-jury/ https://www.radiofree.org/2024/06/03/the-pacifica-evening-news-weekdays-june-3-2024-hunter-bidens-delaware-gun-charge-trial-seats-a-jury/#respond Mon, 03 Jun 2024 18:00:00 +0000 http://www.radiofree.org/?guid=ddb40ed1cfc7cecf381b2517b1a1c21b Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

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The Pacifica Evening News, Weekdays – May 31, 2024 Trump addresses hush money trial convictions, paints himself as victim. https://www.radiofree.org/2024/05/31/the-pacifica-evening-news-weekdays-may-31-2024-trump-addresses-hush-money-trial-convictions-paints-himself-as-victim/ https://www.radiofree.org/2024/05/31/the-pacifica-evening-news-weekdays-may-31-2024-trump-addresses-hush-money-trial-convictions-paints-himself-as-victim/#respond Fri, 31 May 2024 18:00:00 +0000 http://www.radiofree.org/?guid=f9365cf53d9eb42f589b378414887e2b Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

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Common Cause/NY on Trump Trial Jury Deliberations https://www.radiofree.org/2024/05/29/common-cause-ny-on-trump-trial-jury-deliberations/ https://www.radiofree.org/2024/05/29/common-cause-ny-on-trump-trial-jury-deliberations/#respond Wed, 29 May 2024 18:07:29 +0000 https://www.commondreams.org/newswire/common-cause-ny-on-trump-trial-jury-deliberations This morning, the jury in the Trump trial began deliberations on the criminal case. In response, Susan Lerner, Executive Director of Common Cause/NY issued the following statement:

"The former president has repeatedly demonstrated a sneering disregard for the rule of law, so we know that he will continue to attack any process that doesn't support his interests. But the project of democracy is much bigger than this one individual and the public deserves a truthful resolution. As we anticipate the jury's verdict – and Mr. Trump's inevitable lies – it's important to review the incontrovertible facts of the trial:

  • The President, the Department of Justice and the federal government had no role in bringing a case under New York Criminal Law.
  • First-degree falsification of business records is a serious crime that's routinely prosecuted in New York. Many individuals, including first-time offenders, are sentenced to imprisonment for this crime in New York.
  • Trump and his counsel helped select the jury. He and his lawyers were able to object to individuals whom they thought would not hear the evidence fairly. And those individuals were not selected as jurors.
  • Trump was afforded every opportunity to present his defense. His well-paid lawyers mounted hours of testimony and cross-examinations of witnesses, and gave a three-hour closing argument.
  • Nothing prevented Trump from testifying at trial.
  • The jury received instructions in the law that Trump's lawyers had a hand in drafting.
  • The trial proceeded in an orderly and organized fashion, without undue delay. Mr. Trump was treated as any other defendant facing a felony charge.

It is now the jury's responsibility to carefully weigh all of the evidence that was presented to it and everyone should recognize that arriving at a unanimous verdict takes time. As we await the jury's verdict, Common Cause/NY recognizes the jury's time and dedication spent doing their civic duty, and trusts that the public will accept their decision as well as their right to privacy. Respect for the rule of law is the foundation of democracy, but so is public trust in the process. That's why Common Cause/NY fought to make the trial transcripts free and accessible, and we invite anyone to review them on the court website."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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The Pacifica Evening News, Weekdays – May 28, 2024 Closing arguments start in Trump New York hush money trial.  https://www.radiofree.org/2024/05/28/the-pacifica-evening-news-weekdays-may-28-2024-closing-arguments-start-in-trump-new-york-hush-money-trial/ https://www.radiofree.org/2024/05/28/the-pacifica-evening-news-weekdays-may-28-2024-closing-arguments-start-in-trump-new-york-hush-money-trial/#respond Tue, 28 May 2024 18:00:00 +0000 http://www.radiofree.org/?guid=42ee6da5dfc0e907461c735db52aa92c Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

  • Closing arguments start in Trump New York hush money trial.
  • Israeli airstrike kills dozens, draws rebukes and calls for ceasefire.
  • Georgian parliament overrides presidential veto of controversial foreign influence bill.
  • Power out for tens of thousands in Texas as deadly storm slams middle of country.
  • Pittsburg, CA man announces lawsuit against city over alleged wrongful police shooting.
  • Open AI says it has formed a safety and security team to study possible AI dangers.
  • Healthcare advocates urge Governor Newsom to preserve undocumented in home support care.

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Cambodian environmentalist provides Vblog to RFA before Phnom Penh trial | Radio Free Asia (RFA) https://www.radiofree.org/2024/05/28/cambodian-environmentalist-provides-vblog-to-rfa-before-phnom-penh-trial-radio-free-asia-rfa/ https://www.radiofree.org/2024/05/28/cambodian-environmentalist-provides-vblog-to-rfa-before-phnom-penh-trial-radio-free-asia-rfa/#respond Tue, 28 May 2024 17:58:29 +0000 http://www.radiofree.org/?guid=64f2aa1c08157c1295f1bf12ec4153fa
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Cambodian environmentalist provides Vblog to RFA before Phnom Penh trial | Radio Free Asia (RFA) https://www.radiofree.org/2024/05/28/cambodian-environmentalist-provides-vblog-to-rfa-before-phnom-penh-trial-radio-free-asia-rfa-2/ https://www.radiofree.org/2024/05/28/cambodian-environmentalist-provides-vblog-to-rfa-before-phnom-penh-trial-radio-free-asia-rfa-2/#respond Tue, 28 May 2024 17:55:47 +0000 http://www.radiofree.org/?guid=390b30e461b25ebd4499e98efd3c3f66
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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The Arizona Trial that Reveals Our Border Dysfunction https://www.radiofree.org/2024/05/23/the-arizona-trial-that-reveals-our-border-dysfunction/ https://www.radiofree.org/2024/05/23/the-arizona-trial-that-reveals-our-border-dysfunction/#respond Thu, 23 May 2024 19:54:50 +0000 https://progressive.org/latest/the-arizona-trial-that-reveals-our-border-dysfunction-davidson-20240523/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Miriam Davidson.

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The Pacifica Evening News, Weekdays – May 16, 2024 Cohen wraps up testimony in New York Trump hush money trial, Trump lawyers attempt to paint him as untrustworthy. https://www.radiofree.org/2024/05/16/the-pacifica-evening-news-weekdays-may-16-2024-cohen-wraps-up-testimony-in-new-york-trump-hush-money-trial-trump-lawyers-attempt-to-paint-him-as-untrustworthy/ https://www.radiofree.org/2024/05/16/the-pacifica-evening-news-weekdays-may-16-2024-cohen-wraps-up-testimony-in-new-york-trump-hush-money-trial-trump-lawyers-attempt-to-paint-him-as-untrustworthy/#respond Thu, 16 May 2024 18:00:00 +0000 http://www.radiofree.org/?guid=e6a291d31fa1404866f2d24436eed6d9 Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

  • Cohen wraps up testimony in New York Trump hush money trial, Trump lawyers attempt to paint him as untrustworthy.
  • Hard right GOP lawmakers show up at Manhattan courtroom to support Trump.
  • US military finishes temporary floating pier off coast of Gaza, say aid shipments can begin immediately.
  • Biden Administration ends all new coal leases on Powder River region of Montana and Wyoming.
  • Shooter charged with attempted murder of Slovak Prime Minister, leader listed in critical condition.
  • Biden Administration blocks release of interview audio with special counsel in classified documents probe.

The post The Pacifica Evening News, Weekdays – May 16, 2024 Cohen wraps up testimony in New York Trump hush money trial, Trump lawyers attempt to paint him as untrustworthy. appeared first on KPFA.


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Defense Attorney Ron Kuby on Trump Criminal Trial, Representing Climate & Pro-Palestine Protesters https://www.radiofree.org/2024/05/15/defense-attorney-ron-kuby-on-trump-criminal-trial-representing-climate-pro-palestine-protesters/ https://www.radiofree.org/2024/05/15/defense-attorney-ron-kuby-on-trump-criminal-trial-representing-climate-pro-palestine-protesters/#respond Wed, 15 May 2024 14:13:12 +0000 http://www.radiofree.org/?guid=c5131b0795521a0305835b403f564c32
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Defense Attorney Ron Kuby on Trump Criminal Trial & Representing Climate & Pro-Palestinian Protesters https://www.radiofree.org/2024/05/15/defense-attorney-ron-kuby-on-trump-criminal-trial-representing-climate-pro-palestinian-protesters/ https://www.radiofree.org/2024/05/15/defense-attorney-ron-kuby-on-trump-criminal-trial-representing-climate-pro-palestinian-protesters/#respond Wed, 15 May 2024 12:11:38 +0000 http://www.radiofree.org/?guid=aa0dfcbaa5ff473046d3601bb9489d68 Seg1 trump trial

In the historic criminal hush money election fraud trial of former President Donald Trump, New York prosecutors are wrapping up their case charging Trump with falsifying business records in an illegal effort to influence the 2016 presidential election. On Tuesday, Trump’s former fixer Michael Cohen admitted he misled the Federal Election Commission about hush money payments made to adult film star Stormy Daniels. In cross-examination, defense attorneys tried to suggest Cohen was motivated by vengeance against Trump. “He’s the one who has firsthand knowledge of the actual deal that he and Donald Trump struck in order to pay the hush money, create a phony retainer, and ultimately falsify the business records,” says criminal defense lawyer Ron Kuby. “The boss betrayed him. And now he, indeed, is out for revenge.” Kuby says Trump and his right-wing allies are using the trial as a backdrop for politics, and discusses the possibility of Trump serving prison time. Kuby is also representing climate crisis activists arrested at Citibank headquarters in New York City during Earth Week last month and pro-Palestinian activists arrested at recent protests at Fordham University and SUNY Purchase. “I tend to view these struggles … as perennial struggles with each generation kind of rising up to do their part,” Kuby says. “I just have mad respect for the young people who are literally risking their education, their careers and their futures to stand up for the planet, to stand up against the slaughter in Gaza.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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The Pacifica Evening News, Weekdays – May 14, 2024 Michael Cohen’s second day on witness stand at Trump hush money trial details his role in Daniels pay off. https://www.radiofree.org/2024/05/14/the-pacifica-evening-news-weekdays-may-14-2024-michael-cohens-second-day-on-witness-stand-at-trump-hush-money-trial-details-his-role-in-daniels-pay-off/ https://www.radiofree.org/2024/05/14/the-pacifica-evening-news-weekdays-may-14-2024-michael-cohens-second-day-on-witness-stand-at-trump-hush-money-trial-details-his-role-in-daniels-pay-off/#respond Tue, 14 May 2024 18:00:00 +0000 http://www.radiofree.org/?guid=32fc3b4a1094a860a663f8fd4edccea6 Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

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CPJ urges Guatemalan authorities to put José Rubén Zamora on trial https://www.radiofree.org/2024/05/14/cpj-urges-guatemalan-authorities-to-put-jose-ruben-zamora-on-trial/ https://www.radiofree.org/2024/05/14/cpj-urges-guatemalan-authorities-to-put-jose-ruben-zamora-on-trial/#respond Tue, 14 May 2024 15:06:01 +0000 https://cpj.org/?p=387491 Mexico City, May 14, 2024—The Committee to Protect Journalists calls upon Guatemalan authorities to grant house arrest to the award-winning journalist José Rubén Zamora and to begin his trial, after almost two years in pre-trial detention.

A hearing is scheduled for Wednesday at the Ninth Criminal Court, in the capital Guatemala City, to consider Zamora’s request to be freed under house arrest.

“We urge Guatemala’s judiciary to grant house arrest to José Rubén Zamora after nearly two years in solitary confinement and to give him the chance to prove his innocence in court,” said CPJ Latin America Program Coordinator Cristina Zahar in São Paulo. “His ongoing imprisonment amounts to arbitrary detention and demands immediate action. Zamora must have the right to a fair trial and to practice journalism freely.”

On July 29, 2022, police raided the home of Zamora, founder and publisher of the acclaimed investigative daily newspaper elPeriódico, which was forced to close the following year.

On June 14, 2023, Zamora was convicted of money laundering and sentenced to six years in jail, in a ruling widely regarded as a retaliatory measure for his reporting on government corruption. On October 13, an appeals court overturned the conviction and ordered a new trial.

Observers have documented severe irregularities in Zamora’s trial, including repeated delays in court proceedings, limited access to evidence, and challenges in maintaining legal representation as his lawyers have been harassed and jailed.

Zamora, 67, remains in pre-trial isolation, which has had detrimental effects on his physical health and well-being. Zamora previously told CPJ that he was subjected to sleep deprivation, which amounts to psychological torture, and that his cell was infested with insects.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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Genocide Trial in Guatemala Brings Memories of Israel’s Role in the Killings https://www.radiofree.org/2024/05/10/genocide-trial-in-guatemala-brings-memories-of-israels-role-in-the-killings/ https://www.radiofree.org/2024/05/10/genocide-trial-in-guatemala-brings-memories-of-israels-role-in-the-killings/#respond Fri, 10 May 2024 15:46:40 +0000 https://progressive.org/latest/genocide-trial-in-guatemala-brings-memories-of-israels-role-in-the-killings-mcconahay-20240507/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Mary Jo McConahay.

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An Ex-Minister On Trial For His Wife’s Murder: The Domestic Violence Case That Shocked Kazakhstan https://www.radiofree.org/2024/05/09/an-ex-minister-on-trial-for-his-wifes-murder-the-domestic-violence-case-that-shocked-kazakhstan/ https://www.radiofree.org/2024/05/09/an-ex-minister-on-trial-for-his-wifes-murder-the-domestic-violence-case-that-shocked-kazakhstan/#respond Thu, 09 May 2024 15:00:44 +0000 http://www.radiofree.org/?guid=7cd237964defb5790ae0297377271cbe
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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The Pacifica Evening News, Weekdays – May 7, 2024 Stormy Daniels testifies in Trump hush money trial to alleged tryst and payment to stay quiet about it. https://www.radiofree.org/2024/05/07/the-pacifica-evening-news-weekdays-may-7-2024-stormy-daniels-testifies-in-trump-hush-money-trial-to-alleged-tryst-and-payment-to-stay-quiet-about-it/ https://www.radiofree.org/2024/05/07/the-pacifica-evening-news-weekdays-may-7-2024-stormy-daniels-testifies-in-trump-hush-money-trial-to-alleged-tryst-and-payment-to-stay-quiet-about-it/#respond Tue, 07 May 2024 18:00:00 +0000 http://www.radiofree.org/?guid=f82e171b57a8b1efce3ce6f266bc12b1 Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

The post The Pacifica Evening News, Weekdays – May 7, 2024 Stormy Daniels testifies in Trump hush money trial to alleged tryst and payment to stay quiet about it. appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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China puts third aircraft carrier on sea trial https://www.rfa.org/english/news/china/china-fujian-aircraft-carrier-05022024034129.html https://www.rfa.org/english/news/china/china-fujian-aircraft-carrier-05022024034129.html#respond Thu, 02 May 2024 07:42:56 +0000 https://www.rfa.org/english/news/china/china-fujian-aircraft-carrier-05022024034129.html China has begun sea trials for its third aircraft carrier, Fujian , a big step towards realizing its naval ambitions amid increased regional tensions, defense analysts said.

Chinese media reported that the 80,000-ton Fujian. a Type 003 class vessel, left Jiangnan Shipyard in Shanghai on Wednesday morning to begin its first trial in the open sea.

The sea trial is primarily aimed at testing the reliability and stability of the aircraft carrier's propulsion and electrical systems, state news agency Xinhua reported.

“This is a huge step forward for the Chinese navy,” said Andreas Rupprecht, a veteran Chinese military watcher. 

The sea trial is probably “the most eagerly awaited milestone” for the ship that was launched almost two years ago, Rupprecht told Radio Free Asia.

However, “there is still a lot that we don’t know: if everything works according to plan or whether there remain technical issues,” the analyst said.

Xinhua reported that the Fujian has completed its mooring trials, outfitting work and equipment adjustments and “has met the technical requirements for sea trials” without giving further details.

‘Pride of Chinese Navy’

China’s state CCTV released a clip showing the carrier, flanked by several tugboats, moving out of the shipyard and heading to sea.

This week, the Chinese Maritime Safety Administration issued a navigational warning to ban ships from entering an area in the East China Sea from May  1-19, believed to be the period of the trial.

Sea trials are an important final step towards commissioning the carrier.  Some experts believe the carrier could become operational in 2025 while some say they are unsure of the time frame.

Yusuf Unjhawala, a Bangalore-based defense analyst, said that India took a year to carry out sea trials for its indigenous aircraft carrier INS Vikrant. 

Fujian 2.jpg
China's third aircraft carrier, the Fujian, docks in east China's Shanghai on April 30, 2024. (Pu Haiyang/Xinhua)

The Fujian is China’s largest and most advanced carrier, also the first to feature a modern catapult system

for launching fighter jets.  Experts said the Fujian’s Catapult Assisted Take-Off Barrier Arrested Recovery, or CATOBAR, mechanism is similar to that of U.S. carriers.

China’s first two aircraft carriers – Liaoning and Shandong – use a ski jump-style launch system.

The Fujian is also China’s first carrier built with an indigenous design, unlike the other two which were remodeled from Soviet-made ships.

Combat capabilities

When operational, the Fujian will “significantly enhance the capabilities” of the navy, Chinese experts told the Global Times.  

They were quoted as saying it can carry a larger number of aircraft and launch aircraft, including heavier ones, faster and more efficiently than its existing carriers.

Fujian will likely host Shenyang J-15 fighters, as well as the next generation J-35s and the new Xian KJ-600 fixed-wing AEWC (airborne early warning and control) aircraft, according to open intelligence sources. 

“The ship’s air complement is based on the Russian Su-33 which it calls the J-15,” said Unjhawala, “It’s a very heavy fighter and it takes off from a ski ramp, which limits its ability to carry arms.”

The aviation component of the new aircraft carrier is beset with technical problems, the analyst said, adding that “it will take time for China to become a formidable carrier force.”

Still, it represents a big leap forward and a warning for countries in dispute with China in the East and South China seas. 

Japan has recently decided to upgrade one of its two helicopter carriers to its first aircraft carrier – a decision that was quickly condemned by Beijing. 

Aircraft carriers represent China’s maritime ambitions and the carrier fleet may be expanded to five ships in the next 10 years, according to a report by the Center for Strategic and Budgetary Assessments (CSBA), an independent U.S. think tank specializing in defense policy, planning and budgets.

China already has the largest navy in the world by number with an overall battle force of more than 370 ships and submarines, compared with the U.S.’s 293, according to the Pentagon. The U.S. Navy, however, has 11 aircraft carriers, most of which are much more advanced and powerful than China’s.

The Fujian has a dead weight tonnage of 80,000 tons, similar to one of the U.S.’s ten Nimitz-class ships but significantly smaller than the U.S.’s new Gerald R. Ford carrier of 100,000 tons.

Edited by Mike Firn.


This content originally appeared on Radio Free Asia and was authored by By RFA Staff.

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Since 2019 None of the Tort Cases from the Boeing 737MAX Crash in Ethiopia Have Gone to Trial by Jury. Why? https://www.radiofree.org/2024/04/26/since-2019-none-of-the-tort-cases-from-the-boeing-737max-crash-in-ethiopia-have-gone-to-trial-by-jury-why/ https://www.radiofree.org/2024/04/26/since-2019-none-of-the-tort-cases-from-the-boeing-737max-crash-in-ethiopia-have-gone-to-trial-by-jury-why/#respond Fri, 26 Apr 2024 17:00:54 +0000 https://nader.org/?p=6194
This content originally appeared on Ralph Nader and was authored by eweisbaum.

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Rebel army stages public trial leading to executions in eastern Myanmar | Radio Free Asia (RFA) https://www.radiofree.org/2024/04/25/rebel-army-stages-public-trial-leading-to-executions-in-eastern-myanmar-radio-free-asia-rfa/ https://www.radiofree.org/2024/04/25/rebel-army-stages-public-trial-leading-to-executions-in-eastern-myanmar-radio-free-asia-rfa/#respond Thu, 25 Apr 2024 21:14:42 +0000 http://www.radiofree.org/?guid=61f0f25ae543b1fd6a9a5ffe5b9aaa6d
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Rebel army stages public trial leading to executions in eastern Myanmar | Radio Free Asia (RFA) https://www.radiofree.org/2024/04/25/rebel-army-stages-public-trial-leading-to-executions-in-eastern-myanmar-radio-free-asia-rfa-2/ https://www.radiofree.org/2024/04/25/rebel-army-stages-public-trial-leading-to-executions-in-eastern-myanmar-radio-free-asia-rfa-2/#respond Thu, 25 Apr 2024 20:41:01 +0000 http://www.radiofree.org/?guid=2d6c1c0090a4c589dd445cd7c28956af
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Rebel army stages public trial leading to executions in eastern Myanmar | Radio Free Asia (RFA) https://www.radiofree.org/2024/04/25/rebel-army-stages-public-trial-leading-to-executions-in-eastern-myanmar-radio-free-asia-rfa-2-2/ https://www.radiofree.org/2024/04/25/rebel-army-stages-public-trial-leading-to-executions-in-eastern-myanmar-radio-free-asia-rfa-2-2/#respond Thu, 25 Apr 2024 20:41:01 +0000 http://www.radiofree.org/?guid=2d6c1c0090a4c589dd445cd7c28956af
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Independent photojournalist to stand trial on charges from NYC protest arrest https://www.radiofree.org/2024/04/25/independent-photojournalist-to-stand-trial-on-charges-from-nyc-protest-arrest/ https://www.radiofree.org/2024/04/25/independent-photojournalist-to-stand-trial-on-charges-from-nyc-protest-arrest/#respond Thu, 25 Apr 2024 16:59:43 +0000 https://pressfreedomtracker.us/all-incidents/independent-photojournalist-to-stand-trial-on-charges-from-nyc-protest-arrest/

Independent photojournalist Javier Soriano was arrested while covering a pro-Palestinian protest in New York City on March 30, 2024, according to social media posts and court records reviewed by the U.S. Press Freedom Tracker.

In a post on social media, Soriano wrote that he was arrested by New York Police Department officers while covering a “Land Day” march from Manhattan’s City Hall Park to Union Square to commemorate a deadly 1976 protest in Israel over the seizure of Palestinian land.

The photojournalist could clearly be seen wearing press credentials at the time of his arrest in a photo captured by Neil Constantine, a photojournalist for the monthly newspaper The Indypendent.

Soriano was charged with walking in the roadway, according to court records. He told the Tracker that he opted to move forward with a trial during his initial appearance hearing on April 18, but declined to comment further. His bench trial is scheduled for May 2.


This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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The OJ Simpson trial: 30 years later | Edge of Sports https://www.radiofree.org/2024/04/18/the-oj-simpson-trial-30-years-later-edge-of-sports/ https://www.radiofree.org/2024/04/18/the-oj-simpson-trial-30-years-later-edge-of-sports/#respond Thu, 18 Apr 2024 14:00:42 +0000 http://www.radiofree.org/?guid=f1712eaa54d8b55170440dd15847134d
This content originally appeared on The Real News Network and was authored by The Real News Network.

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The Pacifica Evening News, Weekdays – April 16, 2024 Day two of jury selection in Trump New York hush money criminal trial. https://www.radiofree.org/2024/04/16/the-pacifica-evening-news-weekdays-april-16-2024-day-two-of-jury-selection-in-trump-new-york-hush-money-criminal-trial/ https://www.radiofree.org/2024/04/16/the-pacifica-evening-news-weekdays-april-16-2024-day-two-of-jury-selection-in-trump-new-york-hush-money-criminal-trial/#respond Tue, 16 Apr 2024 18:00:00 +0000 http://www.radiofree.org/?guid=37ec31f5285ed230500a9191f36840f0 Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

The post The Pacifica Evening News, Weekdays – April 16, 2024 Day two of jury selection in Trump New York hush money criminal trial. appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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https://www.radiofree.org/2024/04/16/the-pacifica-evening-news-weekdays-april-16-2024-day-two-of-jury-selection-in-trump-new-york-hush-money-criminal-trial/feed/ 0 470151
Trump in the Dock: First Criminal Trial of a Former U.S. President Begins in NYC https://www.radiofree.org/2024/04/15/trump-in-the-dock-first-criminal-trial-of-a-former-u-s-president-begins-in-nyc/ https://www.radiofree.org/2024/04/15/trump-in-the-dock-first-criminal-trial-of-a-former-u-s-president-begins-in-nyc/#respond Mon, 15 Apr 2024 14:11:30 +0000 http://www.radiofree.org/?guid=e28b358a4e67fdf24796549838735b6a
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Trump in the Dock: First Criminal Trial of a Former U.S. President Begins Today in NYC https://www.radiofree.org/2024/04/15/trump-in-the-dock-first-criminal-trial-of-a-former-u-s-president-begins-today-in-nyc/ https://www.radiofree.org/2024/04/15/trump-in-the-dock-first-criminal-trial-of-a-former-u-s-president-begins-today-in-nyc/#respond Mon, 15 Apr 2024 12:46:20 +0000 http://www.radiofree.org/?guid=205e98d064f0fecc09e56f3e93fe877e Trumpnyccourt

Donald Trump is making history today in New York as the first former U.S. president to stand trial for criminal charges. Trump faces 34 criminal charges of falsifying business records as part of a scheme to hide hush money payments he made to adult film actor Stormy Daniels and others, just weeks before winning the 2016 election. He is accused of violating federal campaign finance laws for failing to disclose the payments and instead recording them as a “legal expense.” Each of the 34 counts carries a maximum sentence of four years in prison. “What Donald Trump is accused of is the type of crime that’s prosecuted in New York every single day … [a] garden-variety, ordinary grift,” says Ron Kuby, a longtime New York criminal defense and civil rights lawyer who is following the trial closely. Kuby explains what we can expect from the trial — the first of four different criminal cases Trump is currently embroiled in, but likely the only one he will stand for ahead of the 2024 election — in the coming days.


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Hong Kong denies entry to campaigner en route to Jimmy Lai trial https://www.rfa.org/english/news/china/china-reporters-without-borders-04112024150050.html https://www.rfa.org/english/news/china/china-reporters-without-borders-04112024150050.html#respond Thu, 11 Apr 2024 19:01:11 +0000 https://www.rfa.org/english/news/china/china-reporters-without-borders-04112024150050.html An advocacy worker for the Paris-based press freedom group Reporters Without Borders has been denied entry to Hong Kong, en route to monitor the national security trial of pro-democracy media mogul Jimmy Lai.

Taipei-based Aleksandra Bielakowska was held for six hours, searched and questioned after arriving at Hong Kong's International Airport on Wednesday, the group said in a statement.

She had been planning to meet with journalists in the city in the wake of a stringent new security law passed last month under Article 23 of the city's Basic Law, and to monitor a hearing in Lai's ongoing trial, the group said.

"[They asked] what I'm doing here, if it's a work-related visit. I said of course, yes, because I'm [an] NGO worker," Bielakowska said in an interview with RFA Cantonese on Thursday after her return to Taiwan. 

"They searched my belongings, in depth, in detail -- they scanned them twice, checked my shoes, everything, checked how much money I had,” she said, adding that 12 officers and staff were watching her the whole time she was being interviewed and searched.

"The person who questioned me was an immigration officer, plus there was a customs officer, but I couldn't tell if there were any police or plainclothes officers inside of the room, because they hadn't given me any IDs," Bielakowska said. "But there were some people who didn't look like immigration officers."

ENG_CHN_HK_RSFDeniedEntry_04112024.2.jpg
Aleksandra Bielakowska, left, and Shataakshi Verma of Reporters Without Borders stand outside a Hong Kong court for Jimmy Lai's trial in December 2023. (RSF)

Eventually, she was given a notice of refusal of entry, with a reason she described as "nebulous." Immigration officers refused to clarify the reason for the decision, even when asked repeatedly, Bielakowska said.

Hong Kong's immigration authorities have a stated policy of not commenting on individual cases. A form handed to Bielakowska said only that she would be “imminently/immediately” removed from the city “within a reasonable time,” and that this justified her detention.

Article 23

The Safeguarding National Security Law, known as “Article 23,” was billed by the government as a way to protect the city from interference and infiltration by "hostile foreign forces" that Beijing blames for waves of mass popular protests in recent years.

But its critics -- and some of the city's residents -- say it will likely have far-reaching effects on human rights and freedom of expression that go further than the 2020 National Security Law under which Lai is being prosecuted, with a far broader reach and tougher penalties.

Jimmy Lai stands accused of "collusion with foreign forces" and faces a potential life sentence, yet the case against him relies heavily on opinion articles published in his now-shuttered flagship Apple Daily newspaper.

ENG_CHN_HK_RSFDeniedEntry_04112024.3.JPG
Jimmy Lai is escorted by Correctional Services officers to get on a prison van before appearing in a court in Hong Kong, Dec. 12, 2020. (Kin Cheung/AP)

Bielakowska, who was allowed into Hong Kong in December 2023 to monitor the start of Lai's trial, said Reporters Without Borders, or RSF, isn't a political organization and that she wasn't doing anything "seditious." 

"We just fight for the rights of journalists and press freedom around the world," she said. "It's our obligation as an NGO to attend the hearings and the trials."

Bielakowska's colleague, Asia-Pacific Bureau Director Cédric Alviani, was allowed to enter Hong Kong, but returned to Taipei the next day "for security reasons," she said.

‘Dire erosion’

RSF said it was "appalled" by the treatment of Bielakowska, who was "simply trying to do her job."

"We have never experienced such blatant efforts by authorities to evade scrutiny of court proceedings in any country, which further highlights the ludicrous nature of the case against Jimmy Lai, and the dire erosion of press freedom and the rule of law in Hong Kong," RSF's Director of Campaigns Rebecca Vincent said in a statement, calling for an immediate explanation from the Hong Kong authorities.

Vincent said the remainder of Lai's national security trial "cannot take place in darkness."

"The world must know what is happening in Hong Kong, which has implications for global press freedom," she said.

ENG_CHN_HK_RSFDeniedEntry_04112024.4.JPG
An immigration document issued to Aleksandra Bielakowska of Reporters Without Borders in an undated photo. (RSF)

The group said it was the first time any of its representatives has been denied entry or questioned at Hong Kong's airport. Its staff had t

raveled there without hindrance in June and December 2023, and were able to meet with journalists and diplomats, as well as monitoring court proceedings without any problems, it said.

RSF said it regularly monitors trials around the world as part of its normal work defending press freedom – from proceedings against journalists in Türkiye, to the ongoing US extradition case against Julian Assange in UK courts.

Plunging rank

Hong Kong ranks 140th out of 180 in RSF’s 2023 World Press Freedom Index, having plummeted from 18th place in the past two decades. The rest of China ranks 179th out of 180 countries and territories.

To Yiu-ming, a former assistant professor at the Department of Journalism at Hong Kong's Baptist University, said the questioning of Bielakowska would send a strong message to foreign journalists and international organizations that follow developments in Hong Kong.

"Most importantly, this will have a negative impact on the way that foreign media and the international community view Hong Kong, particularly the impact of the Article 23 legislation on press freedom in Hong Kong," To told RFA Cantonese in an interview on Thursday.

He said that rather than laying down clear guidelines about who will be denied entry, they are proceeding on a case-by-case basis.

"I think [such cases] will be subject to review by national security police," To said.

Translated by Luisetta Mudie. Edited by Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By Alice Yam for RFA Cantonese.

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Van Thinh Phat chairwoman sentenced to death in Vietnam’s biggest fraud trial https://www.rfa.org/english/news/vietnam/lan-death-sentence-04112024055523.html https://www.rfa.org/english/news/vietnam/lan-death-sentence-04112024055523.html#respond Thu, 11 Apr 2024 09:56:16 +0000 https://www.rfa.org/english/news/vietnam/lan-death-sentence-04112024055523.html Truong My Lan, the chairwoman of Vietnamese developer Van Thinh Phat, has been sentenced to death for masterminding a multi-billion-dollar fraud, state-controlled media reported Thursday.

Judges at Ho Chi Minh City’s People’s Court said she was guilty of bribery, embezzlement and violating banking regulations.

Lan owned a 91.5% stake in Saigon Commercial Bank and, over the course of 10 years, ordered bank officials to approve more than 2,500 loans to shell companies she controlled, causing the bank to lose the equivalent of US$27 billion.

Lan ordered subordinates to bribe auditors at the State Bank of Vietnam to cover her tracks.

Head banking inspector Do Thi Nhan received $5.2 million in bribes, while deputy chief inspector Nguyen Van Hung received $300,000, state media said.

A family member told Reuters Lan planned to appeal the verdict.

Edited by Elaine Chan.


This content originally appeared on Radio Free Asia and was authored by By RFA Staff.

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The Pacifica Evening News, Weekdays – April 3, 2024 New York judge won’t delay Trump criminal hush money trial to wait for immunity ruling. https://www.radiofree.org/2024/04/03/the-pacifica-evening-news-weekdays-april-3-2024-new-york-judge-wont-delay-trump-criminal-hush-money-trial-to-wait-for-immunity-ruling/ https://www.radiofree.org/2024/04/03/the-pacifica-evening-news-weekdays-april-3-2024-new-york-judge-wont-delay-trump-criminal-hush-money-trial-to-wait-for-immunity-ruling/#respond Wed, 03 Apr 2024 18:00:00 +0000 http://www.radiofree.org/?guid=3a550d9f039d0950152773613c02b571 New York judge won’t delay Trump criminal hush money trial to wait for immunity ruling.

  • New York judge won’t delay Trump criminal hush money trial to wait for immunity ruling.
  • Israeli war cabinet member calls for early elections, Netanyahu balks.
  • Earthquake in Taiwan kills at least nine, injures scores of others.
  • Fed Chair hints at possible interest rate cuts later this year.
  • Ukraine passes law lowering minimum conscription age from 27 to 25.
  • SF General nurses rally for better staffing levels.

The post The Pacifica Evening News, Weekdays – April 3, 2024 New York judge won’t delay Trump criminal hush money trial to wait for immunity ruling. appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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Navalny’s Battle Against Putin Depicted In New Swedish Play "Navalny: The Trial" https://www.radiofree.org/2024/03/30/navalnys-battle-against-putin-depicted-in-new-swedish-play-navalny-the-trial/ https://www.radiofree.org/2024/03/30/navalnys-battle-against-putin-depicted-in-new-swedish-play-navalny-the-trial/#respond Sat, 30 Mar 2024 16:00:25 +0000 http://www.radiofree.org/?guid=0c4b89cf5be1b96d463db0a45f6c168a
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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The Pacifica Evening News, Weekdays – March 25, 2024 NY appeals court said Trump fraud trial can be paused if he raises $175 million in 10 days. https://www.radiofree.org/2024/03/25/the-pacifica-evening-news-weekdays-march-25-2024-ny-appeals-court-said-trump-fraud-trial-can-be-paused-if-he-raises-175-million-in-10-days/ https://www.radiofree.org/2024/03/25/the-pacifica-evening-news-weekdays-march-25-2024-ny-appeals-court-said-trump-fraud-trial-can-be-paused-if-he-raises-175-million-in-10-days/#respond Mon, 25 Mar 2024 18:00:00 +0000 http://www.radiofree.org/?guid=d16a02e7650dfef45d6d9571c604b78f Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

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This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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The Pacifica Evening News, Weekdays – March 15, 2024 Georgia prosecutor Fani Willis remains on Trump Georgia election interference trial, special prosecutor steps down following judge’s ultimatum. https://www.radiofree.org/2024/03/15/the-pacifica-evening-news-weekdays-march-15-2024-georgia-prosecutor-fani-willis-remains-on-trump-georgia-election-interference-trial-special-prosecutor-steps-down-following-judge/ https://www.radiofree.org/2024/03/15/the-pacifica-evening-news-weekdays-march-15-2024-georgia-prosecutor-fani-willis-remains-on-trump-georgia-election-interference-trial-special-prosecutor-steps-down-following-judge/#respond Fri, 15 Mar 2024 18:00:00 +0000 http://www.radiofree.org/?guid=c8e47245730ad1fa2095ac0cda0ed927 Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

The post The Pacifica Evening News, Weekdays – March 15, 2024 Georgia prosecutor Fani Willis remains on Trump Georgia election interference trial, special prosecutor steps down following judge’s ultimatum. appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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The Pacifica Evening News, Weekdays – March 14, 2024 New York prosecutors say they’re willing to delay Trump hush money trial 30 days. https://www.radiofree.org/2024/03/14/the-pacifica-evening-news-weekdays-march-14-2024-new-york-prosecutors-say-theyre-willing-to-delay-trump-hush-money-trial-30-days/ https://www.radiofree.org/2024/03/14/the-pacifica-evening-news-weekdays-march-14-2024-new-york-prosecutors-say-theyre-willing-to-delay-trump-hush-money-trial-30-days/#respond Thu, 14 Mar 2024 18:00:00 +0000 http://www.radiofree.org/?guid=ed0be5bdc8789202b986d1583a57ad0c Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

The post The Pacifica Evening News, Weekdays – March 14, 2024 New York prosecutors say they’re willing to delay Trump hush money trial 30 days. appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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Jailed Kyrgyz Border-Deal Protesters Criticize Judge For Trial Delays https://www.radiofree.org/2024/03/13/jailed-kyrgyz-border-deal-protesters-criticize-judge-for-trial-delays/ https://www.radiofree.org/2024/03/13/jailed-kyrgyz-border-deal-protesters-criticize-judge-for-trial-delays/#respond Wed, 13 Mar 2024 16:24:52 +0000 https://www.rferl.org/a/kyrgyzstan-protesters-trial-delay-uzbekistan/32860382.html Ukraine's Security Service (SBU) was behind a sweeping wave of drone attacks on several Russian regions on March 13 that reportedly set a Rosneft refinery on fire and targeted other economic and military objectives, a Ukrainian intelligence source told RFE/RL.

Russia's Defense Ministry earlier said its air defenses shot down 65 Ukrainian drones over six regions -- 35 in Voronezh, 25 in Belgorod, eight in Bryansk and Kursk each, one in Leningrad, and one on Ryazan region.

Regional officials reported that the Rosneft oil refinery in Ryazan was struck, a day after another drone attack seriously damaged a LUKoil refinery.

Live Briefing: Russia's Invasion Of Ukraine

RFE/RL's Live Briefing gives you all of the latest developments on Russia's full-scale invasion, Kyiv's counteroffensive, Western military aid, global reaction, and the plight of civilians. For all of RFE/RL's coverage of the war in Ukraine, click here.

Pavel Malkov, the governor of Ryazan, some 180 kilometers southeast of Moscow, said the local Rosneft oil refinery, Russia's seventh-largest, was on fire as a result of a drone attack.

There were also casualties, according to preliminary information, Malkov wrote on Telegram, without providing further details.

The Shot Telegram channel reported that the attack on the Rosneft subsidiary Ryazannefteprodukt also injured two people.

Russian news agency RIA Novosti later quoted emergency services as saying that four drones had hit the refinery. The fire, which affected two tanks used in the processing of oil products on an area of some 175 square meters, was later extinguished, it said.

The source, who is in security enforcement and spoke on condition of anonymity to RFE/RL, said that three Russian oil refineries -- one in Ryazan, one in Kstovo in the Nizhny Novgorod region, and one in Kirishi in the Leningrad region -- were targeted by Ukrainian drones as Kyiv seeks to inflict as much damage as possible to Russia's economy

"We have been systematically implementing a detailed strategy to diminish the economic potential of the Russian Federation. Our task is to deprive the enemy of resources and reduce the flow of oil money and fuel, which the Russia directs toward the war and the murdering of our citizens," the source said

Ukrainian drones also targeted a Russian air base in Buturlinovka and a military airfield in Voronezh region, the source said.

Separately, an SBU source who wished to remain anonymous confirmed to Ukrayinska Pravda that the strikes had been orchestrated by the agency.

"We are at war with everything that finances the Russian military and the war. And Russia is at war with civilians and high-rise buildings," Andriy Yermak, the head of Ukraine’s presidential office, wrote on Telegram, without directly confirming the attacks.

In Belgorod, regional Governor Vyacheslav Gladkov said an apartment building was struck but there were no injuries, while according to TASS, the facade of the regional headquarters of the Federal Security Service (FSB) was damaged and windows were broken.

The March 13 attacks came a day after another sweeping wave of strikes on multiple targets in Russia that reportedly started fires at two major oil facilities.

The attacks damaged LUKoil's NORSI refinery, Russia's fourth-largest, in the Nizhny Novgorod region about 775 kilometers from the Ukrainian border and hit an oil depot in Oryol, 116 kilometers from Ukraine.

Also on March 12, the Freedom of Russia Legion, the Russian Volunteer Corps, and the Siberian Battalion, which consist of Russian citizens who have been fighting alongside Ukrainian forces in the war, claimed to have launched cross-border attacks into Russia territory.

The Kremlin said Russian forces repelled the incursions and inflicted heavy losses on the armed groups. Neither claim could be independently verified.

Meanwhile, Russian air strikes killed at least two people and wounded several others on March 13 in Ukraine's Donetsk and Sumy regions, officials said.

Two civilians were killed and 11 wounded in the eastern Donetsk region in the bombardment of a high-rise residential building in the city of Myrnohrad, regional Governor Vadym Filashkin said on Telegram.

In the northeastern region of Sumy, a Russian drone attack on a five-story apartment building destroyed 30 apartments and caused a number of casualties, the region's military administration said on Telegram.

Ten people were rescued from the rubble, eight of whom sustained injuries, it said.


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Former Leader Of Independent Labor Union In Belarus On Trial https://www.radiofree.org/2024/03/11/former-leader-of-independent-labor-union-in-belarus-on-trial/ https://www.radiofree.org/2024/03/11/former-leader-of-independent-labor-union-in-belarus-on-trial/#respond Mon, 11 Mar 2024 13:17:14 +0000 https://www.rferl.org/a/belarus-trade-union-leader-on-trial/32857076.html Ukraine and its regional allies on March 10 assailed reported comments by Pope Francis in which the pontiff suggested opening negotiations with Moscow and used the term "white flag," while the Vatican later appeared to back off some of the remarks, saying Francis was not speaking about "capitulation."

Francis was quoted on March 9 in a partially released interview suggesting Ukraine, facing possible defeat, should have the "courage" to sit down with Russia for peace negotiations, saying there is no shame in waving the "white flag."

Live Briefing: Russia's Invasion Of Ukraine

RFE/RL's Live Briefing gives you all of the latest developments on Russia's full-scale invasion, Kyiv's counteroffensive, Western military aid, global reaction, and the plight of civilians. For all of RFE/RL's coverage of the war in Ukraine, click here.

Ukrainian President Volodymyr Zelenskiy hit out in a Telegram post and in his nightly video address, saying -- without mentioning the pope -- that "the church should be among the people. And not 2,500 kilometers away, somewhere, to mediate virtually between someone who wants to live and someone who wants to destroy you."

Earlier, Ukrainian Foreign Minister Dmytro Kuleba reacted more directly on social media, saying, “When it comes to the 'white flag,' we know this Vatican strategy from the first half of the 20th century."

Many historians have been critical of the Vatican during World War II, saying Pope Pius XII remained silent as the Holocaust raged. The Vatican has long argued that, at the time, it couldn't verify diplomatic reports of Nazi atrocities and therefore could not denounce them.

Kuleba, in his social media post, wrote: "I urge the avoidance of repeating the mistakes of the past and to support Ukraine and its people in their just struggle for their lives.

"The strongest is the one who, in the battle between good and evil, stands on the side of good rather than attempting to put them on the same footing and call it 'negotiations,'" Kuleba said.

"Our flag is a yellow-and-blue one. This is the flag by which we live, die, and prevail. We shall never raise any other flags," added Kuleba, who also thanked Francis for his "constant prayers for peace" and said he hoped the pontiff will visit Ukraine, home of some 1 million Catholics.

Zelenskiy has remained firm in not speaking directly to Russia unless terms of his "peace formula" are reached.

Ukraine's terms call for the withdrawal of all Russian troops from Ukraine, restoring the country's 1991 post-Soviet borders, and holding Russia accountable for its actions. The Kremlin has rejected such conditions.

Following criticism of the pope’s reported comments, the head of the Vatican press service, Matteo Bruni, explained that with his words regarding Ukraine, Francis intended to "call for a cease-fire and restore the courage of negotiations," but did not mean capitulation.

"The pope uses the image of the white flag proposed by the interviewer to imply an end to hostilities, a truce that is achieved through the courage to begin negotiations," Bruni said.

"Elsewhere in the interview…referring to any situation of war, the pope clearly stated: 'Negotiations are never capitulations,'" Bruni added.

The head of the Ukrainian Greek Catholic Church, Major Archbishop Svyatoslav Shevchuk, said Ukraine was "wounded but unconquered."

"Believe me, no one would think of giving up. Even where hostilities are taking place today; listen to our people in Kherson, Zaporizhzhya, Odesa, Kharkiv, Sumy! Because we know that if Ukraine, God forbid, was at least partially conquered, the line of death would spread," Shevchuk said at St. George's Church in New York.

Andriy Yurash, Ukraine's ambassador to the Vatican, told RAI News that "you don't negotiate with terrorists, with those who are recognized as criminals," referring to the Russian leadership and President Vladimir Putin. "No one tried to put Hitler at ease."

Ukraine's regional allies also expressed anger about the pope's remarks.

"How about, for balance, encouraging Putin to have the courage to withdraw his army from Ukraine? Peace would immediately ensue without the need for negotiations," Polish Foreign Minister Radoslaw Sikorski wrote on social media.

Lithuanian President Edgars Rinkevichs wrote on social media: "My Sunday morning conclusion: You can't capitulate to evil, you have to fight it and defeat it, so that evil raises the white flag and surrenders."

Alexandra Valkenburg, ambassador and head of the EU Delegation to the Holy See, wrote "Russia...can end this war immediately by respecting the sovereignty and territorial integrity of Ukraine. EU supports Ukraine and its peace plan."

With reporting by RFE/RL's Ukrainian Service


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Big Oil faces a flood of climate lawsuits — and they’re moving closer to trial https://grist.org/accountability/big-oil-climate-lawsuits-trials-attribution-science-exxon/ https://grist.org/accountability/big-oil-climate-lawsuits-trials-attribution-science-exxon/#respond Fri, 08 Mar 2024 09:45:00 +0000 https://grist.org/?p=632651 It’s been six years since cities in California started the trend of taking Big Oil to court for deceiving the public about the consequences of burning fossil fuels. The move followed investigations showing that Exxon and other companies had known about the dangers of skyrocketing carbon emissions for decades, but publicly downplayed the threat. Today, around 30 lawsuits have been filed around the country as cities, states, and Indigenous tribes seek to make the industry pay for the costs of climate change.

Until recently, most of these cases had been stuck in limbo. Oil companies were trying to move them from the state courts in which they were filed to federal courts, a more business-friendly setting. But just in the past year, the Supreme Court declined to hear their arguments to relocate these cases on three separate occasions, most recently clearing the way for Minnesota’s case to proceed in state court. That means executives from Exxon Mobil, BP, and other oil giants may soon have to defend their actions in front of a jury.

“Last year was a really pivotal year in terms of getting past the industry’s big push and their delay tactics,” said Alyssa Johl, vice president for the legal program at the Center for Climate Integrity, an environmental advocacy organization that provides support for these cases. “That issue and that effort has been put to rest, and now they have to face the music.”

The long delays might have strengthened the legal arguments against fossil fuel companies. Researchers have uncovered more details about what oil companies knew about climate change and when, and the science connecting fossil fuel emissions to climate disasters has matured, arming cities and states with more evidence. All the while, the effects of climate change — the heat waves, the blazes, the wildfire smoke — have only grown more obvious, and more costly. Last year, the U.S. recorded a billion-dollar disaster every two weeks.

“With each month and with each year that these cases are stalled, the impacts for communities just grow,” said Delta Merner, the lead scientist for the Union of Concerned Scientists’ litigation hub. “I think that’s important context for understanding these cases, and for understanding the additional cases that have been filed over the last six years.”

That might explain the spread of lawsuits from coastal cities and states to inland areas like Minnesota, Colorado, and most recently, Chicago. With the third-largest city in the country suing BP, Chevron, Exxon Mobil, and other oil titans for lying about climate change, a quarter of Americans now live in cities and states that are taking fossil fuel companies to court, according to the Center for Climate Integrity.

One of the cases that’s furthest along, filed by Massachusetts against Exxon Mobil in 2019, is already in the process of “discovery,” the last major step before a trial. In this stage, both sides try to uncover evidence that could help their case in court. The discovery process could unearth further details of oil companies’ deception, such as what individual CEOs or other company executives did with the information they learned about climate change, Johl said. 

“It’s really what the industry fears the most,” Johl said. “They don’t want anyone digging through their archives and divulging their innermost thoughts and secrets.” Much of what the public learned about the tobacco industry’s effort to cover up the link between lung cancer and smoking, for example, came out of the discovery process, made public as part of a major settlement in 1998, when Philip Morris, R.J. Reynolds, and other tobacco giants agreed to pay states $206 billion over the next 25 years. 

The discovery phase of the Massachusetts case is expected to wrap up later this year, and it could head to trial as early as 2025, Johl said.

Oil companies have plans to fight back, though. In response to the new lawsuit from Chicago, industry representatives characterized the lawsuits as a “waste of taxpayer resources” and contended that climate change should be addressed by Congress, not the courts. “They’re going to raise issues every step of the way and raise defenses every step of the way,” Johl said. 

Photo of a car splashing through a flooded road
A pickup truck plows through a flooded street in Honolulu, Hawaiʻi, in December 2021, the morning after a powerful winter tropical storm hit with heavy rain and high winds, causing widespread flooding and power outages across the state. Eugene Tanner / AFP via Getty Images

Another case that’s at the front of the pack is Honolulu’s suit seeking damages from Exxon Mobil, Chevron, and Sunoco, among others. In October, the Hawaiʻi Supreme Court dismissed the companies’ appeal to throw out the suit, clearing the way for a trial. Last week, the companies asked the Supreme Court to toss that ruling.

The industry’s current line of argument in the Honolulu case (and others) is that these lawsuits are about the broader issue of emissions and pollution, and that the federal Clean Air Act preempts any claim brought by cities and states. So far, this approach has seen some modest success. In January, Delaware’s Superior Court denied oil companies’ motion to dismiss the state’s case against them while granting a few concessions, including that out-of-state emissions were the territory of the Clean Air Act, beyond the limits of state law. Emissions that originated in Delaware, however, were fair game.

As these climate cases have slowly begun to proceed, recent months have brought lawsuits from California, cities, and tribes. Last September, the state of California demanded that oil companies fund efforts to recover from extreme weather. In December, the Makah and Shoalwater Bay tribes along the coast of Washington state became the first Native American tribes to take oil companies to court over the costs of responding to climate-related risks from rising seas, flooding, and ocean acidification. Meanwhile, Hoboken, New Jersey, and a collection of cities in Puerto Rico have added racketeering lawsuits to the mix, alleging that oil companies engaged in a conspiracy of deception.

New research has made it harder for oil giants to say they couldn’t have known the outcome of burning so much fossil fuel. A study published in the journal Science last year found that Exxon’s scientists predicted the effects of climate change with startling accuracy in the 1980s. Exxon’s models nearly matched actual temperature changes over the past several decades.

Then there’s the blooming area of scientific inquiry that connects climate change to extreme weather events. Researchers are now able to quantify how corporate emissions have fueled climate disasters, a critical development for these cases, Merner said. “This is the cutting edge where the science is moving towards — to be able to look not just at these global averages, but to see what is happening regionally.”

A study Merner coauthored last year found that 37 percent of the forests burned in the Western United States since 1986 can be linked to carbon pollution from a group of 88 of the world’s largest fossil fuel producers and cement manufacturers. Last June, Multnomah County — home to Portland — cited the research in its lawsuit against oil companies over their contributions to a deadly heat wave that hit the Pacific Northwest in 2021. In newer cases, like Multnomah’s and the ones filed by Indigenous tribes, the oil industry is sticking to its strategy of trying to move the case to federal courts, according to Margaret Barry, who maintains a climate litigation database at Columbia Law School’s Sabin Center.

The new and improved science linking climate change to weather disasters has been a game changer for all of these cases, Merner said. “We can’t sit back and argue whether or not climate change played a role in extreme weather or public health problems that we’re facing today, because attribution science shows that it does and can calculate what that role was.” 

This story was originally published by Grist with the headline Big Oil faces a flood of climate lawsuits — and they’re moving closer to trial on Mar 8, 2024.


This content originally appeared on Grist and was authored by Kate Yoder.

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Honduran Ex-President Juan Orlando Hernández, Once a U.S. Ally, on Trial in NY for Drug Trafficking https://www.radiofree.org/2024/03/05/honduran-ex-president-juan-orlando-hernandez-once-a-u-s-ally-on-trial-in-ny-for-drug-trafficking/ https://www.radiofree.org/2024/03/05/honduran-ex-president-juan-orlando-hernandez-once-a-u-s-ally-on-trial-in-ny-for-drug-trafficking/#respond Tue, 05 Mar 2024 16:21:30 +0000 http://www.radiofree.org/?guid=ce5debfb893c7e987f2208de311a6972
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Narco-State: U.S.-Backed Fmr. Honduran Pres. Juan Orlando Hernández on Trial in NY for Drug Trafficking https://www.radiofree.org/2024/03/05/narco-state-u-s-backed-fmr-honduran-pres-juan-orlando-hernandez-on-trial-in-ny-for-drug-trafficking/ https://www.radiofree.org/2024/03/05/narco-state-u-s-backed-fmr-honduran-pres-juan-orlando-hernandez-on-trial-in-ny-for-drug-trafficking/#respond Tue, 05 Mar 2024 13:36:27 +0000 http://www.radiofree.org/?guid=4ae3a1cf8abe111a5e55a4107cca9315 Seg2 guestsandhernandez

Federal prosecutors in New York have rested their case against former Honduran President Juan Orlando Hernández, who is accused of turning the Central American country into a narco-state. Hernández is on trial for cocaine trafficking and weapons charges and is the first former head of state to stand trial in the United States since Panamanian dictator and U.S. ally Manuel Noriega was also tried on drug charges after a U.S.-led ouster. Prosecutors accuse Hernández, a longtime U.S. ally accused of human rights violations throughout his presidency, of accepting millions of dollars in bribes from cocaine traffickers in exchange for protection and turning Honduras into a drug trafficking narco-state. If convicted, Hernández could join his brother Juan Antonio in serving a life sentence in the U.S. We speak to two writers who have been attending the trial in New York: historian Dana Frank and author and Honduran screenwriter Oscar Estrada. “There’s a narrative here that … the Honduran people can’t govern themselves, and then suddenly the U.S. is coming in and heroically imposing the rule of law,” says Frank about U.S. public perception of the trial. However, she continues, “It’s the opposite. It’s the United States that helped destroy the criminal justice system in Honduras.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Vietnam’s biggest fraud trial gets underway https://www.rfa.org/english/news/vietnam/vietnam-fraud-trial-03052024025227.html https://www.rfa.org/english/news/vietnam/vietnam-fraud-trial-03052024025227.html#respond Tue, 05 Mar 2024 07:53:56 +0000 https://www.rfa.org/english/news/vietnam/vietnam-fraud-trial-03052024025227.html The chairwoman of property company Van Thinh Phat went on trial in Ho Chi Minh City Tuesday, accused of misappropriating more than US$12 billion in Vietnam’s biggest fraud case.

Truong My Lan, 68, is accused of bribery, embezzlement and violating bank regulations in connection with a VND304 trillion loan from Saigon Commercial Bank, or SCB.

Hundreds of police officers were called out to provide security at the trial, Vietnamese media reported.

Lan’s Hong Kong billionaire husband Eric Chu is accused of helping her secure the illegal loan from SCB – more than 90% owned by Lan – causing the bank to lose the equivalent of US$369 million.

Police and security guards guarded the court entrances from possible protests by angry investors as nearly 80 defendants arrived early Tuesday morning. 

The accused include 45 SCB executives, 15 State Bank of Vietnam officials, three government inspectors and a former official at the State Audit Office, according to media reports. Eight defendants are on the run, with international arrest warrants out for them.

Thousands of witnesses have been called to testify in a trial expected to last two months.

The case has claimed the cash of an estimated 42,000 victims, SCB bondholders who haven’t seen a return on their investments since Lan’s arrest in Oct. 2022, leading to rare protests in Hanoi and Ho Chi Minh city.

Edited by Taejun Kang and Elaine Chan.


This content originally appeared on Radio Free Asia and was authored by By Mike Firn for RFA.

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Drug Trafficking Trial of Former Honduran President Begins in United States https://www.radiofree.org/2024/03/02/drug-trafficking-trial-of-former-honduran-president-begins-in-united-states/ https://www.radiofree.org/2024/03/02/drug-trafficking-trial-of-former-honduran-president-begins-in-united-states/#respond Sat, 02 Mar 2024 17:05:50 +0000 https://progressive.org/latest/drug-trafficking-trial-of-former-honduran-president-begins-abbott-20240302/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Jeff Abbott.

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Journalism on Trial: Assange Appeals His Extradition to the U.S. https://www.radiofree.org/2024/03/01/journalism-on-trial-assange-appeals-his-extradition-to-the-u-s/ https://www.radiofree.org/2024/03/01/journalism-on-trial-assange-appeals-his-extradition-to-the-u-s/#respond Fri, 01 Mar 2024 06:58:08 +0000 https://www.counterpunch.org/?p=314570

Photograph Source: Herder3 – CC BY 3.0

The British high court did not make it easy for the press to cover Julian Assange’s anti-extradition hearings in late February. For those of you who may have forgotten, Assange just appealed his extradition to the United States, where he faces brutal punishment for practicing journalism. But the British high court doesn’t want you to remember. How else to explain it making press coverage of the proceedings so extraordinarily difficult?

It wasn’t just that reporters couldn’t hear anything. It’s much bigger than that. As former British diplomat Craig Murray wrote after attending these hearings, the proceedings against Assange have been a “travesty and a charade marked by undisguised institutional hostility.” This theme of Assange’s trials and unjust incarceration in maximum security Belmarsh Prison involves limiting press access. The reason is obvious. When somebody does something wrong, they try to conceal it. And the U.K. and U.S. governments are doing something wrong, namely, shackling, silencing, endangering the life of and bundling a journalist off to Northern Virginia, where he will likely be convicted of bogus crimes, because that journalist, Assange, has been deemed a political enemy. How bogus? One for instance: The U.S. accuses him of endangering the lives of American government agents and foreign intelligence sources, yet has never named one harmed. No matter, Assange is to be convicted of phony crimes. How do we know he’ll likely be convicted? Because Northern Virginia is home to employees of the imperial U.S. security state, so people who regard Assange as an anti-American demon will swarm the jury pool. His lawyers will be hard-pressed to find impartial jurors.

Stefania Maurizi, a reporter allowed in the courtroom on February 20, tweeted “yesterday we journalists were assigned to a Victorian gallery, no table to take notes, use our laptops, NO chance to hear and see what was being discussed in court.” That first day, Assange’s defense presented two key points – that “U.S. charges could be reformulated so that #DeathPenalty applies,” and also raising repeated U.S. references “to the fact that the #FirstAmendment does NOT apply” to Assange. “In both cases, NO guarantees were provided by U.S.”

Reporting on day two, Maurizi again tweeted: “Even this morning we journalists cannot cover the case properly; no tables for our computers, no chance to hear properly: audio is so bad.” Then the judges suspended the hearing, “because even in the courtroom we cannot hear what is being discussed. I am less than three meters away from U.S. lawyers and yet I cannot hear what they say.” Once the proceeding resumed – no improvement. Journalists still couldn’t hear properly.

Since this whole Assange legal fiasco is an assault on a free press, I guess we shouldn’t be surprised that reporters covering the case are treated so cavalierly. In our bizarre world, where a journalist faces 175 years in prison or even conceivably death for doing his job (too) well, why wouldn’t he be treated like Alice in Wonderland by the deranged Queen of Hearts? Assange has basically been caged without charge for over a decade – you expect a reporter who wants to cover this atrocious persecution to be treated professionally? C’mon man, get with the program! This is the wrath of the Empire, of the U.S. security state we’re talking about, because that’s who Assange offended.

He did so on several occasions, including when he published the video Collateral Murder, which revealed U.S. soldiers in their Apache helicopter shooting Iraqi civilians, children and journalists for sport. He also mortified two fantastically narcissistic bigwigs, Mike “Get Assange” Pompeo and Hillary “Can’t We Just Drone This Guy?” Clinton, with sundry revelations about the CIA and embarrassing campaign emails, respectively. With such fearless dedication to truth on Assange’s part, no wonder Washington concluded, over a decade ago, that he was public enemy numero uno and had to be permanently dispatched, in a way that would “teach a lesson” to everyone viewing the appalling spectacle.

Well, I’m not sure the lesson is what Washington intended. It appears to be that a free press is an optional, distant last to whatever the Beltway diktat du jour happens to be, that the rule of law is in fact white house whim, and that anybody, anywhere on this planet can be captured, imprisoned and shipped off to the U.S. carceral gulag – the biggest on earth – for just about anything American mandarins concoct. This despotic state of affairs dates from president George “WMD” Bush’s Global War on Terror. Years have passed since the original insane frenzy that prompted GWOT, but wrecking the rule of law has not. The fourth amendment still lies in tatters and now, with the Assange case, the first does too.

A decision on Assange’s extradition likely won’t come for at least a month. “The two-day appeal hearing,” reported Fox News, February 22, “before a panel of two judges wrapped up after U.S. lawyers delivered arguments.” Assange himself was too ill to be present, so the very politically connected judges, Dame Victoria Sharp and Jeremy Johnson, a former lawyer representing MI6, did not set eyes on him. Let’s hope they’re better than the judges who ruled on Assange so far, judges who have shown little awareness of this case’s earth-shattering implications for a free press and Britain’s nearly thousand-year jurisprudence grounded in the rule of law. Most of that went out the window in the original trial, under the overall very hostile judge Vanessa Baraitser, and it’s didn’t come back in with the last appeal, dismissed summarily by justice Jonathan Swift, who flatly refused to consider fresh evidence.

That was a blinkered decision, because there’s plenty of new evidence and the old evidence was never weighed properly by Baraitser. But Swift was formerly a lawyer for the British government, who represented the security services, and throughout this entire miscarriage of justice, that government has bent over backwards to accommodate its imperial lord, Washington. To cite Murray on Swift, in one legal case Swift met with government officials, “discussed matters relating to the case privately before making judgment. He did not tell the defense he had done this. They found out and Swift was forced to recuse himself.” No wonder Swift, “the former roommate and still best friend of the minister who organized the removal of Julian from the Ecuadorian Embassy,” ruled against Assange. As Murray wrote “what a lovely cosey club is the Establishment.”

The emperor himself, Joe “Pardons Only for Those Who Don’t Need Them” Biden, now owns this sordid business from top to bottom. It originated in Barack “Jail the Whistleblowers” Obama’s vampiric war against sunlight, and got a lot of extra oomph from Donald “Fake News, Unless It Praises Me” Trump’s deranged Justice Department, which brought the indictment, but Biden could have put a stop to it at any point. He didn’t. He will be remembered for that, for gutting the First Amendment, for remaining deaf to pleas from numerous heads of state, who deplored this abuse, this destruction of a journalist for printing the truth. Throughout the Trump years and now the Biden ones, imperial henchmen have treated Assange so cruelly, one can only conclude they would not have been sorry had he died in jail. Indeed, that may have been the plan. Even the press, which initially abandoned Assange, has come around to the realization that this prosecution poses a very real, deadly threat to journalism. Numerous mainstream publications have now protested this juridical abortion. Let’s hope they’re not too late.


This content originally appeared on CounterPunch.org and was authored by Eve Ottenberg.

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New Yorker reporter subpoenaed by federal government in criminal trial https://www.radiofree.org/2024/02/27/new-yorker-reporter-subpoenaed-by-federal-government-in-criminal-trial/ https://www.radiofree.org/2024/02/27/new-yorker-reporter-subpoenaed-by-federal-government-in-criminal-trial/#respond Tue, 27 Feb 2024 15:46:15 +0000 https://pressfreedomtracker.us/all-incidents/new-yorker-reporter-subpoenaed-by-federal-government-in-criminal-trial/

Eric Lach, a staff writer for The New Yorker, was subpoenaed by a federal prosecutor on Feb. 15, 2024, to testify about his reporting on a man accused of fraud, extortion and lying to federal law enforcement.

Lach began reporting on Brooklyn preacher Lamor Whitehead in 2022, according to an affidavit. Whitehead stands accused of stealing a parishioner’s savings and defrauding a businessman with claims that he could leverage his ties to Mayor Eric Adams and other city officials for financial gain, The Associated Press reported.

Lach spoke with the preacher several times that December and published an article about Whitehead and his relationship with Adams in January 2023.

The U.S. attorney for the Southern District of New York subpoenaed Lach just over a week before the criminal trial was scheduled to begin on Feb. 26. The subpoena orders Lach to testify during the trial to authenticate on-the-record statements from Whitehead in the published article.

Attorneys representing Lach filed a motion to quash the request on Feb. 19. In his accompanying affidavit, Lach voiced concerns that being forced to testify could impair not only his ability to report on Whitehead’s trial but his journalistic work generally.

“The prospect of being forced to testify in court about my news reporting is, frankly, chilling,” Lach said in his affidavit. “I often speak to criminal defendants as part of my reporting, and I am confident that criminal defendants — and other sources — will be less willing to speak to me as part of my reporting if they understand that I may be called to testify against them in their trial.”

The motion to quash argued that the subpoena is also highly invasive and would subject Lach to a cross-examination that could jeopardize his confidential reporting.

“In violation of the Department of Justice’s own guidelines, the Government seeks to compel the testimony of a journalist to authenticate a generic, run-of-the mill denial,” the motion said, noting that the statements were made after Whitehead knew he was the target of a government investigation.

The day before the subpoena was issued, the Justice Department released new guidelines for federal prosecutors limiting when they can seek journalists’ records: when the information is crucial for the prevention of a serious crime, when the journalist is the target of the investigation and when the records involve information that is already public.

To address concerns around the potential breadth of the cross-examination, Lach and his attorneys agreed to appear for a private interview with District Judge Lorna G. Schofield on Feb. 26.


This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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Shanghai director set to face trial over ‘white paper’ protest film https://www.rfa.org/english/news/china/china-white-paper-protest-film-02232024145624.html https://www.rfa.org/english/news/china/china-white-paper-protest-film-02232024145624.html#respond Fri, 23 Feb 2024 19:58:48 +0000 https://www.rfa.org/english/news/china/china-white-paper-protest-film-02232024145624.html Shanghai authorities are moving ahead to prosecute a filmmaker who created a documentary about the nationwide ”white paper movement,” a series of protests against three years of rolling lockdowns and compulsory testing under China’s zero-COVID policy.

The 77-minute film titled "Urumqi Road" is compiled from on-the-ground footage of thousands of mostly young people who spilled out onto the streets of Shanghai and other major Chinese cities in late November 2022 to mourn the deaths of a Uyghur family in an apartment fire in Xinjiang's regional capital of Urumqi. 

The tragedy served as a catalyst for the protests, which unleashed years of pent-up frustration and stress. Thousands called for an end to pandemic restrictions, and some even called for President Xi Jinping to resign. 

Many held up blank sheets of paper to represent what they wished they could say but could not due to China’s censorship. In the film, some say that “what happened in Urumqi could have happened anywhere in China.”

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Firefighters spray water on a fire at a residential building that killed several people in Urumqi in China's Xinjiang region on Nov. 24, 2022. (Image from video via AP)

The documentary – which carries the English title “Not the Foreign Forces” in reference to "hostile foreign forces" who are frequently blamed by Beijing for instigating protests – was uploaded to YouTube by at least one account in early December 2023, and credited to "Plato."

It garnered thousands of views, but less than a week after it appeared, Plato's Twitter account was deleted and his YouTube channel went private.

‘Catch-all crime’

RFA Cantonese has learned that Plato’s real name is Chen Pinlin, and that he was detained soon after the film was posted on suspicion of "picking quarrels and stirring up trouble," a charge frequently used to target peaceful critics of the government.

Chen, being held in Shanghai's Baoshan District Detention Center, was formally arrested for the same charge on Jan. 5, 2024. His case was transferred to the local prosecutor's office on Feb. 18, a person close to the case said.

A woman who helped Chen to produce the film has been released on bail, the person said.

A Chinese activist based in Germany who gave only the nickname Frank said the charge against Chen is a well-known "catch-all crime."

"The case of Chen Pinlin is evidence that the Chinese government continues to abuse the charge of 'picking quarrels and stirring up trouble' to infringe on artistic freedom and freedom of speech," Frank said. "Anyone who cares about social justice or who criticizes human rights violations gets harshly suppressed by the government."

"We call on the international community, particularly cultural and artistic creators around the world, to pay attention to Plato's situation," he said. "We can't turn a blind eye and just watch as these tragedies keep on happening."

‘We want freedom!’

According to the film's introduction, Chen was among the mostly young protesters who converged on Shanghai's Urumqi Road to protest the deaths of the Uyghur family on Nov. 26, 2022, and that the protest was the first time he had taken part in any kind of political event.

Intercut with footage of young people chanting, "We want freedom!" and "Xi Jinping step down!" Chen said the government's claim that the nationwide protests were the work of "foreign forces" was untrue.

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Chinese police block access to a site where protesters had gathered in Shanghai, on Nov. 27, 2022. (AP)

He also called on people to continue to resist government propaganda and censorship, and remember not just the zero-COVID years, but also the 1989 Tiananmen massacre, the 1966-1976 Cultural Revolution and the 1958-1960 Great Famine of the Mao era.

"Remember the ugliness," Chen says in the film. "Only those with an optimistic outlook can hope that China will usher in brighter times soon."

A former “white paper” protester who gave only the nickname Rick for fear of reprisals said Beijing is trying to rewrite the history of the zero-COVID years, and that Chen and other protesters are trying to defend historical truth.

"The Chinese Communist Party won't let people talk about the White Paper movement, which is an attempt to modify the collective memory of the three years of zero-COVID among the Chinese people," Rick said.

"The documentary directed by Chen Pinlin is an attempt to break the Chinese Communist Party’s blockade of historical truth."

He said Chen had taken huge risks in making a film about popular protest in China.

"I admire director Chen Pinlin's courage and sense of social responsibility," Rick said. "Recording the historical truth is not a crime."

Shattered illusions

He said the zero-COVID restrictions had made young people in China realize that they could be deprived of even their most basic rights at any time, forced into starvation or death from illness in their own homes, or even burned to death in fires.

"Their illusions shattered, young people bravely went out onto the streets and shouted their protest," he said.

Many who took part in the movement were detained, while others have fled overseas, where they have continued their support for political change in China.

But even overseas activists are also being increasingly harassed by state security police, with some reporting threats to their families back home, as China pushes ahead with the "long-arm" enforcement of its laws overseas.

"[In] the summer of 2023, there was a wave of harassment targeting Chinese students living in the Washington area," former White Paper Movement protester and Georgetown law student Zhang Jinrui told a recent seminar on Beijing's transnational repression.

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The Asian American Student Association seminar holds a seminar on China’s transnational repression, at Georgetown University on Feb. 21, 2024. (Kai Di/RFA)

He said some students had been detained for their activism after traveling back to China for the summer break, while others had been subjected to long-distance harassment and intimidation by the authorities.

"I think that's basically their main tactic with a lot of Chinese students, but a lot of the time more severe measures will also be taken,” Zhang said. “For example, threatening to confiscate your parents’ money.”

"It's a tactic to try to wear you down,” he said, “to try to harass your family more and more until they can't take it any more.”



Translated by Luisetta Mudie. Edited by Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By Yitong Wu and Chingman for RFA Cantonese, Kai Di for RFA Mandarin.

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Press Freedom on Trial: Julian Assange’s Lawyer on Extradition Case & Criminalizing Journalism https://www.radiofree.org/2024/02/23/press-freedom-on-trial-julian-assanges-lawyer-on-extradition-case-criminalizing-journalism-2/ https://www.radiofree.org/2024/02/23/press-freedom-on-trial-julian-assanges-lawyer-on-extradition-case-criminalizing-journalism-2/#respond Fri, 23 Feb 2024 15:46:10 +0000 http://www.radiofree.org/?guid=d71e5bb210182d4eb13ebf99dddeccb8
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Press Freedom on Trial: Julian Assange’s Lawyer on Extradition Case & Criminalizing Journalism https://www.radiofree.org/2024/02/23/press-freedom-on-trial-julian-assanges-lawyer-on-extradition-case-criminalizing-journalism/ https://www.radiofree.org/2024/02/23/press-freedom-on-trial-julian-assanges-lawyer-on-extradition-case-criminalizing-journalism/#respond Fri, 23 Feb 2024 13:12:57 +0000 http://www.radiofree.org/?guid=093ecf6b6cbaad6ac7f301543487906d Seg1 robinson assange protester 1

At a critical hearing this week in London, lawyers for imprisoned WikiLeaks founder Julian Assange asked the British High Court of Justice to grant him a new appeal in what is likely his last chance to avoid extradition to the United States, where he faces a 175-year prison sentence for publishing classified documents that exposed U.S. war crimes in Iraq and Afghanistan. Assange’s lawyer, Jennifer Robinson, says the judges were receptive to their arguments that Assange could face the death penalty in the U.S. and that an extradition would set a dangerous precedent for press freedom. “If Julian is extradited and goes on trial under the Espionage Act, this is a case which is going to set precedent which criminalizes journalistic activity and will be used against the rest of the media.” A ruling in the case is not expected until next month at the earliest.


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Kazakh Journalist Mukhammedkarim Starts Hunger Strike Demanding His Trial Be Public https://www.radiofree.org/2024/02/22/kazakh-journalist-mukhammedkarim-starts-hunger-strike-demanding-his-trial-be-public/ https://www.radiofree.org/2024/02/22/kazakh-journalist-mukhammedkarim-starts-hunger-strike-demanding-his-trial-be-public/#respond Thu, 22 Feb 2024 11:10:31 +0000 https://www.rferl.org/a/kazakh-journalist-mukhammedkarim-hunger-strike-trial/32830675.html Ukraine's military has acknowledged it struck a training ground in occupied Kherson where Russian troops were preparing for an assault on Ukraine's bridgehead at Krynka on the left bank of the Dnieper River, the second time this week a strike has killed scores of Russian personnel.

At the same time, Kyiv denied Russian Defense Minister Sergei Shoigu's claim that Russian forces had captured the Ukrainian bridgehead at Krynka.

Live Briefing: Russia's Invasion Of Ukraine

RFE/RL's Live Briefing gives you all of the latest developments on Russia's full-scale invasion, Kyiv's counteroffensive, Western military aid, global reaction, and the plight of civilians. For all of RFE/RL's coverage of the war in Ukraine, click here.

"There were at least three strikes on the concentration of Russian troops at the training ground near Novaya Kakhovka," Nataliya Humenyuk, spokeswoman of the Defense Forces of Southern Ukraine, told RFE/RL on February 22.

"The Russian military was preparing to storm Krynka, which they claimed they had already been captured.... According to preliminary data, commanders of the Dnieper group [of Russian forces] were also there. The information is still being checked," Humenyuk said.

In a separate statement made to Suspilne, Humenyuk said at least 60 Russian soldiers were killed in the attack.

Russia has not commented on the strike, which was first reported by both the Ukrainian Telegram channel DeepState and Russian pro-war bloggers that it resulted in heavy losses. A video of the purported attack consisting of three strikes was also published on Telegram channels.

However, the information could not be independently verified.

At a meeting with Russian President Vladimir Putin on February 20, Shoigu said Krynka "has been cleared," but Ukraine's military said his statement was "a falsification of the facts."

Ukrainian forces in November 2022 liberated Kherson city and the rest of the region on the right bank of the Dnieper forcing Russian troops across the river. Last year, Kyiv's troops managed to also establish a small bridgehead on the Dnieper's left bank, which has come under constant Russian attacks.

The purported Ukrainian strike on Russian forces in Kherson was the second in as many days in which a large number of Russian troops were reportedly killed.

On February 21, BBC Russian reported that a Ukrainian strike on a training ground in Moscow-occupied Donetsk had killed at least 60 Russian troops.

According to the report, Russian soldiers from the 36th Guards Motorized Rifle Brigade had been lined up and were waiting for the arrival of Major General Oleg Moiseyev, commander of the 29th Russian Army, when the strike occurred on February 20.

Neither Russia nor Ukraine has commented on the report. Pro-Russian social media outlets posted videos and photos purportedly showing dozens of uniformed dead bodies, accusing Moiseyev of making soldiers stand in line waiting for his arrival when they were hit.

Ukrainian Air Force spokesman Yuriy Ihnat said on February 22 that since launching the invasion two year ago, Russia has launched more than 8,000 missiles and 4,630 drones -- of which 3,605 have been shot down -- at targets inside Ukraine.

In Moscow, former President Dmitry Medvedev boasted that after Ukrainian forces last week withdrew from the eastern city of Avdiyivka following a monthslong bloody battle, Russian troops would keep advancing deeper into Ukraine.

With the war nearing its two-year mark amid Ukrainian shortages of manpower, more advanced weapons, and ammunition, Medvedev signaled Moscow could again try and seize the capital after being pushed back decisively from the outskirts of Kyiv during the initial days of the invasion in February 2022.

"Where should we stop? I don't know," Medvedev, now deputy chairman of Russia's Security Council, said in an interview with Russian media.

"Will it be Kyiv? Yes, it probably should be Kyiv. If not now, then after some time, maybe in some other phase of the development of this conflict," he said.

Medvedev was once considered a reformer in Russia, serving as president to allow Vladimir Putin to be prime minister for four years to abide by term limits before returning to the presidency for a third time in 2012.

But the 56-year-old former lawyer has become known more recently for his caustic articles, social media posts, and remarks that echo the outlandish kind of historical revisionism that Putin has used to vilify the West and underpin the unprovoked invasion of Ukraine.


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Another Belarusian Goes On Trial Over 2020 Protests As Crackdown Continues https://www.radiofree.org/2024/02/16/another-belarusian-goes-on-trial-over-2020-protests-as-crackdown-continues/ https://www.radiofree.org/2024/02/16/another-belarusian-goes-on-trial-over-2020-protests-as-crackdown-continues/#respond Fri, 16 Feb 2024 16:31:26 +0000 https://www.rferl.org/a/belarus-2020-protests-trial/32822851.html

Russian opposition politician Aleksei Navalny has died while in prison, according to a statement from the local department of the Federal Penitentiary Service, triggering outrage and condemnation from world leaders who said the Kremlin critic paid the "ultimate price" for his courage to speak out against the country's leadership.

"On February 16, 2024, in penal colony No. 3, convict Aleksei Navalny felt unwell after a walk, almost immediately losing consciousness. The medical staff of the institution arrived immediately, and an ambulance team was called," the statement said.

"All necessary resuscitation measures were carried out, which did not yield positive results. Doctors from the ambulance declared the convict dead. The causes of death are being established."

Russian state-controlled media also quoted the statement as saying Navalny, 47, had died.

There was no immediate confirmation of Navalny’s death from his team. According to Russian law, family must be notified within 24 hours if a prisoner dies.


"I don't know if we should believe the terrible news, the news we get only from official media because for many years we have been in the situation where we cannot believe Putin and his government as they are lying constantly," his wife, Yulia, said in a brief statement from Germany where she was attending the Munich Security Conference.

"But if it is the truth, Putin and all his staff and everyone around him need to know that they will be punished for what they have done with our patriot, with my family, and with my husband. They will be brought to justice and this day will come soon," she added.

Kremlin spokesman Dmitry Peskov was quoted as saying President Vladimir Putin had been informed of the report of Navalny's death but that he has no official information on the cause of death.

"It's very complicated to confirm the news that comes from a country like Russia," Lithuanian Prime Minister Ingrida Simonyte also told RFE/RL as she attended the Munich Security Conference. "But, if you asked me whether I would be surprised if that's true, of course I would not, unfortunately, because we know that the regime in the Kremlin is an assassin regime, basically, who would go after their enemies as they understand it, after people with different opinions on the development of Russia and their relations to the rest of the world."

A day earlier, Navalny did not appear to have any health issues when speaking by video link to a court hearing.

Navalny spokeswoman Kyra Yarmysh said on X, formerly Twitter, that "we don't have any confirmation of [his death] yet." She added that Navalny's lawyer is now flying to the prison.

"Most likely it is true. Navalny was murdered," said Ivan Zhdanov, blaming Russian President Vladimir Putin. "It is a political murder which will for sure be investigated."

As the reports reverberated around the country and around the world, some people laid flowers at the buildings where Navalny's Anti-Corruption Foundation (FBK) was headquartered before the government shut it down after labeling the organization "extremist."

Others gathered in front of Russian embassies in countries such as Georgia and Armenia, while vigils were being planned in many cities across Europe.

"If they decide to kill me, it means that we are incredibly strong. We need to utilize this power, to not give up, to remember we are an enormous power that is being oppressed by these bad people. We don’t realize how strong we actually are. The only thing necessary for the triumph of evil is for good people to do nothing. So don’t be inactive," Navalny said at the end of the Oscar-winning documentary that carried his name.

U.S. national-security adviser Jake Sullivan told NPR in an interview just after the news broke that, if confirmed, Navalny's death would be a "terrible tragedy."

"The Russian government's long and sordid history of doing harm to its opponents raises real and obvious questions here.... We are actively seeking confirmation," he added.

German Chancellor Olaf Scholz said Navalny "paid for his courage with his life," while French Foreign Minister Stephane Sejourne said in a post on X that the Kremlin critic's "death in a penal colony reminds us of the reality of Vladimir Putin's regime."

European Council President Charles Michel said Navalny had made the ultimate sacrifice while fighting for the "values of freedom and democracy."

Polish Foreign Minister Radoslaw Sikorski told RFE/RL that Navalny's only crime was to root out "the corruption [and] the thievery of the current Russian elite" and to have a dream of a better Russia that abides by the rule of law, lives in peace with its neighbors, and invests in its people.

"That proved to be an unforgivable crime," Sikorski said, speaking with RFE/RL at the Munich Security Conference. He said the Russian state was responsible for Navalny's life and welfare "and therefore his death is the legal responsibility of the Russian state."

Navalny, who last month marked the third anniversary of his incarceration on charges widely believed to be politically motivated, nearly died from a poisoning with a Novichok-type nerve agent in 2020, which he blamed on Russian security operatives acting at the behest of Putin.

The man who once blasted Putin as "corrupt, cynical" in an interview with RFE/RL was detained on January 17, 2021, at a Moscow airport upon his arrival from Germany, where he was treated for the poisoning.

He was then handed a 2 1/2-year prison sentence for violating the terms of an earlier parole during his convalescence abroad. The Kremlin has denied any involvement in Navalny's poisoning.

In March 2022, Navalny was handed a nine-year prison term on charges of contempt and embezzlement through fraud that he and his supporters have repeatedly rejected as politically motivated.

Later, Navalny's Anti-Corruption Foundation and his network of regional offices were designated "extremist" organizations and banned after his arrest, which led to another probe against him on extremism charges.

In August last year, a court extended Navalny's prison term to 19 years and sent him to a harsher "special regime" facility from the maximum-security prison where he was held.

Last month, Navalny was transferred to Polar Wolf, which is a "special regime" prison in Russia's Arctic region.

Navalny's death, if confirmed, comes as Putin, who publicly has long refused to actually say Navalny's name, runs for another term facing no real opposition as those who were expected to be his main challengers -- including Navalny -- currently are either incarcerated or have fled the country, fearing for their safety.

Russian elections are tightly controlled by the Kremlin and are neither free nor fair but are viewed by the government as necessary to convey a sense of legitimacy.

They are mangled by the exclusion of opposition candidates, voter intimidation, ballot stuffing, and other means of manipulation.

Meanwhile, the Kremlin's tight grip on politics, media, law enforcement, and other levers means Putin, who has ruled Russia as president or prime minister since 1999, is certain to win, barring a very big, unexpected development.

Navalny married his wife, Yulia, in 2000. The couple has a son and a daughter.

With reporting by Rikard Jozwiak and Vazha Tavberidze in Munich


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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The Pacifica Evening News, Weekdays – February 15, 2024 Georgia DA Fani Willis vehemently denies claims her relationship has any affect on Trump election trial. https://www.radiofree.org/2024/02/15/the-pacifica-evening-news-weekdays-february-15-2024-georgia-da-fani-willis-vehemently-denies-claims-her-relationship-has-any-affect-on-trump-election-trial/ https://www.radiofree.org/2024/02/15/the-pacifica-evening-news-weekdays-february-15-2024-georgia-da-fani-willis-vehemently-denies-claims-her-relationship-has-any-affect-on-trump-election-trial/#respond Thu, 15 Feb 2024 18:00:00 +0000 http://www.radiofree.org/?guid=2c38a9541464552d0bfb2f49c5615530 Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

The post The Pacifica Evening News, Weekdays – February 15, 2024 Georgia DA Fani Willis vehemently denies claims her relationship has any affect on Trump election trial. appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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Three Belarusians On Trial Over Online Chat Supporting Ukraine https://www.radiofree.org/2024/02/06/three-belarusians-on-trial-over-online-chat-supporting-ukraine/ https://www.radiofree.org/2024/02/06/three-belarusians-on-trial-over-online-chat-supporting-ukraine/#respond Tue, 06 Feb 2024 13:30:59 +0000 https://www.rferl.org/a/belarus-trial-online-chat-supporting-ukraine/32807714.html

Yandex, once dubbed Russia’s Google for becoming the country’s dominant online search engine, will exit Russia entirely, selling its assets there in a deeply discounted $5.2 billion deal that marks the end of an era.

Under the agreement announced on February 5 by Yandex’s Netherlands-based corporate parent, a “purchaser consortium” that includes the company’s management, an investment fund linked to Russian oil giant LUKoil, and three other businessmen will take over Yandex’s operations inside Russia.

The Russian entity, meanwhile, takes over the vast bulk of the company’s revenue-generating businesses, including the country’s dominant search engine, and also major operations in things like online shopping, advertising, food delivery, taxis, maps, and other things.

The Dutch parent is expected to retain control of several non-Russian businesses, including operations in cloud computing, self-driving cars, and a number of patents and other intellectual property licenses.

The price takes into account a 50 percent discount mandated by law on the sale of assets of companies from "unfriendly countries" when they exit the local market.

“Since February 2022, the Yandex group and our team have faced exceptional challenges. We believe that we have found the best possible solution for our shareholders, our teams, and our users in these extraordinary circumstances,” Yandex’s board Chairman John Boynton said in a statement.

February 2022 is when Russia launched its full-scale invasion of Ukraine, which sparked the exit of dozens of international companies from their Russian operations.

Kremlin spokesman Dmitry Peskov welcomed news of the sale.

“Yandex is one of the economy’s national champions in high tech and one of the largest companies,” he told reporters. “It’s important for us that the company continues to work in the country.”

Yandex was a long-admired company, in and out of Russia, not only for its search-engine dominance but its innovations and fast-moving efforts to move into lucrative online businesses such as ride hailing and food delivery. Its shares, which traded on the U.S. Nasdaq exchange, were held by major Western institutional investors.

The announcement caps a tumultuous 18-month period since the Kremlin’s decision to launch its large-scale invasion of Ukraine. In the wake of the invasion, Russian lawmakers passed measures that amount to censorship of news and independent information about the war, which the Kremlin euphemistically calls a “special military operation.”

In the weeks that followed, Yandex, whose search engine and news portals were a major source of information for Russians, came under pressure to skew search results, and direct readers to only specified news outlets.

Two board members resigned; several top executives departed, along with thousands of employees; and the company’s American Depositary Receipts, traded on the U.S. Nasdaq exchange, were frozen. The company decided to sell its news and entertainment channels.

Months later, Yandex announced a plan for a wholesale reorganization, with a possible exit from Russia. Aleksei Kudrin, a former finance minister and longtime Kremlin confidant viewed as a “liberal” policymaker, was brought on to help negotiate the restructuring.

But the talks faltered as reports emerged that powerful Kremlin-linked oligarchs were in the running to take it over, and Yandex’s board feared Western sanctions imposed after the Russian invasion might pose legal problems. Kudrin himself ended up being sanctioned by the United States, while the company’s co-founder, Arkady Volozh, who resigned months after the invasion, was hit with European Union sanctions.

The negotiations were complicated further last August when Volozh publicly criticized the Ukraine war, calling it “barbaric.”

Aside from LUKoil and the stake to be held by management, the other three Russian members of the “purchaser consortium” are relatively unknown. One previously was an executive at Gazprom, the state-controlled natural gas giant.

None of the buyers are “a target of, or owned or controlled by a target of, sanctions in the U.S., EU, U.K., or Switzerland,” the company said.


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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‘Severe fair trial violations’ reported in José Rubén Zamora’s case https://www.radiofree.org/2024/02/05/severe-fair-trial-violations-reported-in-jose-ruben-zamoras-case/ https://www.radiofree.org/2024/02/05/severe-fair-trial-violations-reported-in-jose-ruben-zamoras-case/#respond Mon, 05 Feb 2024 18:56:57 +0000 https://cpj.org/?p=353446 Mexico City, February 5, 2024—A report released Monday by TrialWatch assigned a failing grade to the legal proceedings in the trial of award-winning Guatemalan journalist José Rubén Zamora, citing numerous breaches of international and regional fair-trial standards and concluding that the prosecution and conviction of Zamora are likely retaliatory measures for his investigative journalism.

The Committee to Protect Journalists (CPJ) strongly condemns the concerning violations revealed in the fairness report, reiterates the call for authorities to respect Zamora’s right to a fair trial, and urgently calls for international pressure to secure Zamora’s immediate release and hold those responsible for these violations accountable.

“The findings in a report monitoring trial fairness for Guatemalan journalist José Rubén Zamora showed the proceedings were irregular, and he was repeatedly denied his right to defense,” said Carlos Martinez de la Serna, CPJ’s program director, in New York. “Zamora was prosecuted in retaliation for his investigative reporting on government corruption and has been subjected to an abusive process from actors who themselves are accused of corruption. He shouldn’t have spent a single minute in jail.”

TrialWatch, a flagship initiative of the Clooney Foundation for Justice, monitors the trials of journalists worldwide, grading their fairness and ranking judicial systems on a global justice index. 

The TrialWatch report meticulously outlines severe irregularities in Zamora’s trial, including limited access to evidence for defense lawyers, challenges in maintaining legal representation, and an erroneous reversal of the burden of proof.

“José Ruben Zamora has been in detention for more than 18 months. Every day, it becomes increasingly urgent for Guatemala’s courts to address the fair trial violations identified in this report,” Stephen Townley, legal director of TrialWatch, told CPJ.

Authorities arrested Zamora, the president of elPeriódico newspaper, on July 29, 2022. Following more than a year of legal proceedings, he was convicted of money laundering in June 2023 and sentenced to six years imprisonment and a fine of 300,000 quetzales (approximately US$38,000). An appeals court overturned Zamora’s conviction in October 2023 and ordered a retrial on the money laundering, blackmail, and influence peddling charges.

Zamora is also being prosecuted in another case, accused of obstructing justice alongside eight elPeriódico journalists and columnists. CPJ was unable to confirm Zamora’s next court date for this case.

Zamora is expected in court on February 20, to face another obstruction of justice case based on the same complaint that began the money laundering investigation in 2022.

On May 15, 2023, elPeriódico ceased online publication and closed operations after 26 years due to government pressure.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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Trial Of Republika Srpska President Opens In Sarajevo After Multiple Delays https://www.radiofree.org/2024/02/05/trial-of-republika-srpska-president-opens-in-sarajevo-after-multiple-delays/ https://www.radiofree.org/2024/02/05/trial-of-republika-srpska-president-opens-in-sarajevo-after-multiple-delays/#respond Mon, 05 Feb 2024 18:35:40 +0000 https://www.rferl.org/a/republika-srpska-dodik-trial-sarajevo-schmidt/32806503.html

Yandex, once dubbed Russia’s Google for becoming the country’s dominant online search engine, will exit Russia entirely, selling its assets there in a deeply discounted $5.2 billion deal that marks the end of an era.

Under the agreement announced on February 5 by Yandex’s Netherlands-based corporate parent, a “purchaser consortium” that includes the company’s management, an investment fund linked to Russian oil giant LUKoil, and three other businessmen will take over Yandex’s operations inside Russia.

The Russian entity, meanwhile, takes over the vast bulk of the company’s revenue-generating businesses, including the country’s dominant search engine, and also major operations in things like online shopping, advertising, food delivery, taxis, maps, and other things.

The Dutch parent is expected to retain control of several non-Russian businesses, including operations in cloud computing, self-driving cars, and a number of patents and other intellectual property licenses.

The price takes into account a 50 percent discount mandated by law on the sale of assets of companies from "unfriendly countries" when they exit the local market.

“Since February 2022, the Yandex group and our team have faced exceptional challenges. We believe that we have found the best possible solution for our shareholders, our teams, and our users in these extraordinary circumstances,” Yandex’s board Chairman John Boynton said in a statement.

February 2022 is when Russia launched its full-scale invasion of Ukraine, which sparked the exit of dozens of international companies from their Russian operations.

Kremlin spokesman Dmitry Peskov welcomed news of the sale.

“Yandex is one of the economy’s national champions in high tech and one of the largest companies,” he told reporters. “It’s important for us that the company continues to work in the country.”

Yandex was a long-admired company, in and out of Russia, not only for its search-engine dominance but its innovations and fast-moving efforts to move into lucrative online businesses such as ride hailing and food delivery. Its shares, which traded on the U.S. Nasdaq exchange, were held by major Western institutional investors.

The announcement caps a tumultuous 18-month period since the Kremlin’s decision to launch its large-scale invasion of Ukraine. In the wake of the invasion, Russian lawmakers passed measures that amount to censorship of news and independent information about the war, which the Kremlin euphemistically calls a “special military operation.”

In the weeks that followed, Yandex, whose search engine and news portals were a major source of information for Russians, came under pressure to skew search results, and direct readers to only specified news outlets.

Two board members resigned; several top executives departed, along with thousands of employees; and the company’s American Depositary Receipts, traded on the U.S. Nasdaq exchange, were frozen. The company decided to sell its news and entertainment channels.

Months later, Yandex announced a plan for a wholesale reorganization, with a possible exit from Russia. Aleksei Kudrin, a former finance minister and longtime Kremlin confidant viewed as a “liberal” policymaker, was brought on to help negotiate the restructuring.

But the talks faltered as reports emerged that powerful Kremlin-linked oligarchs were in the running to take it over, and Yandex’s board feared Western sanctions imposed after the Russian invasion might pose legal problems. Kudrin himself ended up being sanctioned by the United States, while the company’s co-founder, Arkady Volozh, who resigned months after the invasion, was hit with European Union sanctions.

The negotiations were complicated further last August when Volozh publicly criticized the Ukraine war, calling it “barbaric.”

Aside from LUKoil and the stake to be held by management, the other three Russian members of the “purchaser consortium” are relatively unknown. One previously was an executive at Gazprom, the state-controlled natural gas giant.

None of the buyers are “a target of, or owned or controlled by a target of, sanctions in the U.S., EU, U.K., or Switzerland,” the company said.


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Trial Of Republika Srpska President Opens In Sarajevo After Multiple Delays https://www.radiofree.org/2024/02/05/trial-of-republika-srpska-president-opens-in-sarajevo-after-multiple-delays/ https://www.radiofree.org/2024/02/05/trial-of-republika-srpska-president-opens-in-sarajevo-after-multiple-delays/#respond Mon, 05 Feb 2024 18:35:40 +0000 https://www.rferl.org/a/republika-srpska-dodik-trial-sarajevo-schmidt/32806503.html

Yandex, once dubbed Russia’s Google for becoming the country’s dominant online search engine, will exit Russia entirely, selling its assets there in a deeply discounted $5.2 billion deal that marks the end of an era.

Under the agreement announced on February 5 by Yandex’s Netherlands-based corporate parent, a “purchaser consortium” that includes the company’s management, an investment fund linked to Russian oil giant LUKoil, and three other businessmen will take over Yandex’s operations inside Russia.

The Russian entity, meanwhile, takes over the vast bulk of the company’s revenue-generating businesses, including the country’s dominant search engine, and also major operations in things like online shopping, advertising, food delivery, taxis, maps, and other things.

The Dutch parent is expected to retain control of several non-Russian businesses, including operations in cloud computing, self-driving cars, and a number of patents and other intellectual property licenses.

The price takes into account a 50 percent discount mandated by law on the sale of assets of companies from "unfriendly countries" when they exit the local market.

“Since February 2022, the Yandex group and our team have faced exceptional challenges. We believe that we have found the best possible solution for our shareholders, our teams, and our users in these extraordinary circumstances,” Yandex’s board Chairman John Boynton said in a statement.

February 2022 is when Russia launched its full-scale invasion of Ukraine, which sparked the exit of dozens of international companies from their Russian operations.

Kremlin spokesman Dmitry Peskov welcomed news of the sale.

“Yandex is one of the economy’s national champions in high tech and one of the largest companies,” he told reporters. “It’s important for us that the company continues to work in the country.”

Yandex was a long-admired company, in and out of Russia, not only for its search-engine dominance but its innovations and fast-moving efforts to move into lucrative online businesses such as ride hailing and food delivery. Its shares, which traded on the U.S. Nasdaq exchange, were held by major Western institutional investors.

The announcement caps a tumultuous 18-month period since the Kremlin’s decision to launch its large-scale invasion of Ukraine. In the wake of the invasion, Russian lawmakers passed measures that amount to censorship of news and independent information about the war, which the Kremlin euphemistically calls a “special military operation.”

In the weeks that followed, Yandex, whose search engine and news portals were a major source of information for Russians, came under pressure to skew search results, and direct readers to only specified news outlets.

Two board members resigned; several top executives departed, along with thousands of employees; and the company’s American Depositary Receipts, traded on the U.S. Nasdaq exchange, were frozen. The company decided to sell its news and entertainment channels.

Months later, Yandex announced a plan for a wholesale reorganization, with a possible exit from Russia. Aleksei Kudrin, a former finance minister and longtime Kremlin confidant viewed as a “liberal” policymaker, was brought on to help negotiate the restructuring.

But the talks faltered as reports emerged that powerful Kremlin-linked oligarchs were in the running to take it over, and Yandex’s board feared Western sanctions imposed after the Russian invasion might pose legal problems. Kudrin himself ended up being sanctioned by the United States, while the company’s co-founder, Arkady Volozh, who resigned months after the invasion, was hit with European Union sanctions.

The negotiations were complicated further last August when Volozh publicly criticized the Ukraine war, calling it “barbaric.”

Aside from LUKoil and the stake to be held by management, the other three Russian members of the “purchaser consortium” are relatively unknown. One previously was an executive at Gazprom, the state-controlled natural gas giant.

None of the buyers are “a target of, or owned or controlled by a target of, sanctions in the U.S., EU, U.K., or Switzerland,” the company said.


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Trial Begins For Parents Of Child Accused In Serbian School Mass Shooting https://www.radiofree.org/2024/01/29/trial-begins-for-parents-of-child-accused-in-serbian-school-mass-shooting/ https://www.radiofree.org/2024/01/29/trial-begins-for-parents-of-child-accused-in-serbian-school-mass-shooting/#respond Mon, 29 Jan 2024 19:26:54 +0000 https://www.rferl.org/a/serbia-trial-parents-childre-mass-shooting/32796924.html

The United States continued to expressed outrage and vow a response to the deaths of American service members in Jordan following a drone attack it blamed on Iranian-backed militias, while Washington and London in a separate move stepped up pressure on Tehran with a new set of coordinated sanctions.

U.S. Defense Secretary Lloyd Austin on January 29 doubled down on earlier vows by President Joe Biden to hold responsible those behind the drone attack, which also injured dozens of personnel, many of whom are being treated for traumatic brain injuries, according to the Pentagon.

"Let me start with my outrage and sorrow [for] the deaths of three brave U.S. troops in Jordan and for the other troops who were wounded," Austin told a Pentagon briefing.

"The president and I will not tolerate attacks on U.S. forces and we will take all necessary actions to defend the U.S. and our troops."

Later, White House national-security spokesman John Kirby told reporters that "we are not looking for a war with Iran."

He added, though, that drone attack "was escalatory, make no mistake about it, and it requires a response."

A day earlier, Biden said U.S. officials had assessed that one of several Iranian-backed groups was responsible for the attack and vowed to respond at a time of Washington’s choosing.

"While we are still gathering the facts of this attack, we know it was carried out by radical Iran-backed militant groups operating in Syria and Iraq," Biden said.

"We will carry on their commitment to fight terrorism. And have no doubt -- we will hold all those responsible to account at a time and in a manner of our choosing," Biden said in a separate statement.

Details of the attack remained unclear on January 29, but a U.S. official said the enemy drone may have been confused with a U.S.-launched drone returning to the military site near the Syrian border and was therefore not shot down.

The official, who requested anonymity, said preliminary reports indicate the enemy drone was flying at a low level at the same time a U.S. drone was returning to the base, known as Tower 22.

Iran on January 29 denied it had any link with the attack, with the Foreign Ministry in Tehran calling the accusations "baseless."

Foreign Ministry spokesman Nasser Kanaani said that "resistance groups" in the region do not take orders from Tehran, though Western nations accuse the country of helping arm, train, and fund such groups.

Earlier, Iran's Permanent Mission to the United Nations said, "Iran had no connection and had nothing to do with the attack on the U.S. base."

Jordan condemned what it called a "terrorist attack" on a military site, saying it was cooperating with the United States to fortify its border defenses.

The attacks are certain to intensify political pressure in the United States on Biden -- who is in an election year -- to retaliate against Iranian interests in the region, possibly in Iraq or Syria, analysts say.

Gregory Brew, a historian and an analyst with the geopolitical risk firm Eurasia Group, told RFE/RL’s Radio Farda that the attack in Jordan represented a "major escalation -- and the U.S. is bound to respond forcefully and promptly."

"The response is likely to come through more intense U.S. action against Iran-backed militias in either Syria or Iraq. It's unclear if this was an intentional escalation by Iran and its allies, but the genie is out of the bottle," he added.

Republican Senator Tom Cotton, a vocal critic of Biden, a Democrat, on January 28 said the "only answer to these attacks must be devastating military retaliation against Iran’s terrorist forces.... Anything less will confirm Joe Biden as a coward."

Many observers have expressed fears of a widening conflict in the Middle East after war broke out in Gaza following the October 7 attack on Israel by Hamas, which has been deemed a terrorist organization by the United States and the European Union. At least 1,200 were killed in those assaults, leading to Israel's retaliatory actions that, according to the Hamas-run Health Ministry in Gaza, have killed more than 26,000 Palestinians.

Because of its support for Israel, U.S. forces have been the target of Islamist groups in the Middle East, including Iranian-backed Huthi rebels based in Yemen and militia groups in Iraq who are also supported by Tehran.

In another incident that will likely intensify such fears of a wider conflict, the London-based Syrian Observatory for Human Rights -- which has extensive contacts inside Syria -- said an Israeli air strike against an Iranian-linked site in Damascus killed seven people, including fighters of Tehran-backed militias.

The Tasnim news agency, which is close to Iran's Islamic Revolutionary Guards Corps (IRGC), attributed the attack to Israel, writing that "two civilians" had been killed, while Syrian state television said "a number of Iranian advisers" had been killed at the "Iranian Advisory Center" in Damascus.

However, Iran’s ambassador to Syria, Hossein Akbari, denied the Iranian center had been targeted or that "any Iranian citizens or advisers" had been killed.

Meanwhile, the United States and Britain announced a set of coordinated sanctions against 11 officials with the IRGC for alleged connections to a criminal network that has targeted foreign dissidents and Iranian regime opponents for "numerous assassinations and kidnapping" at the behest of the Iranian Intelligence and Security Ministry.

A statement by the British Foreign Office said the sanctions are designed "to tackle the domestic threat posed by the Iranian regime, which seeks to export repression, harassment, and coercion against journalists and human rights defenders" in Britain, the United States, and elsewhere.

British Foreign Secretary David Cameron said the latest sanctions packages "exposes the roles of the Iranian officials and gangs involved in activity aimed to undermine, silence, and disrupt the democratic freedoms we value in the U.K."

"The U.K. and U.S. have sent a clear message: We will not tolerate this threat," he added.

With reporting by RFE/RL's Radio Farda, Reuters, and AP


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Iran Wraps Up Trial Of Swedish EU Diplomat https://www.radiofree.org/2024/01/28/iran-wraps-up-trial-of-swedish-eu-diplomat/ https://www.radiofree.org/2024/01/28/iran-wraps-up-trial-of-swedish-eu-diplomat/#respond Sun, 28 Jan 2024 16:31:19 +0000 https://www.rferl.org/a/iran-eu-sweden-floderus-trial/32795332.html It is not only missiles that are being lobbed as U.S. and U.K. air strikes aim to stop the Iran-backed Huthi rebels in Yemen from targeting ships in a key global trade route -- mutual threats of continued attacks are flying around, too.

The question is how far each side might go in carrying out their warnings without drawing Tehran into a broader Middle East conflict in defense of the Huthis, whose sustained attacks on maritime shipping in the Red Sea and Gulf of Aden led to its redesignation as a terrorist organization by Washington last week.

"Our aim remains to de-escalate tensions and restore stability in the Red Sea," the United States and the United Kingdom said in a joint statement following their latest round of air strikes on Huthi targets in Yemen on January 21. "But let us reiterate our warning to [the] Huthi leadership: we will not hesitate to defend lives and the free flow of commerce in one of the world’s most critical waterways in the face of continued threats."

The Huthis responded with vows to continue their war against what they called Israel's "genocide" of the Palestinian people in the Gaza Strip.

"The American-British aggression will only increase the Yemeni people’s determination to carry out their moral and humanitarian responsibilities toward the oppressed in Gaza," said Muhammad al-Bukhaiti, a senior Huthi political official.

"These attacks will not go unanswered and unpunished," said Huthi military spokesman Yahya Saree.

On cue, the two sides clashed again on January 24 when the Huthis said they fired ballistic missiles at several U.S. warships protecting U.S. commercial vessels transiting the Bab al-Mandab Strait off the coast of Yemen. U.S. Central Command said three anti-ship missiles were fired at a U.S.-flagged container ship and that two were shot down by a U.S. missile destroyer while the third fell into the Gulf of Aden.

With the stage set for more such encounters, Iran's open backing and clandestine arming of the Huthis looms large. While continuing to state its support for the Huthis, Tehran has continued to deny directing their actions or providing them with weapons. At the same time, Iran has showcased its own advanced missile capabilities as a warning of the strength it could bring to a broader Middle East conflict.

The United States, emphasizing that the goal is to de-escalate tensions in the region, appears to be focusing on preventing the Huthis from obtaining more arms and funding. In addition to returning the Huthis to its list of terrorist groups, Washington said on January 16 that it had seized Iranian weapons bound for the Huthis in a raid in the Arabian Sea.

The U.S. Navy responds to Huthi missile and drone strikes in the Red Sea earlier this month.
The U.S. Navy responds to Huthi missile and drone strikes in the Red Sea earlier this month.

The United States and United Kingdom also appear to be focusing on precision strikes on the Huthis' military infrastructure while avoiding extensive human casualties or a larger operation that could heighten Iran's ire.

On January 24, the Pentagon clarified that, despite the U.S. strikes in Yemen, "we are not at war in the Middle East" and the focus is on deterrence and preventing a broader conflict.

"The United States is only using a very small portion of what it's capable of against the Huthis right now," said Kenneth Katzman, a senior adviser for the New York-based Soufan Group intelligence consultancy, and expert on geopolitics in the Middle East.

Terrorist Designation

The effectiveness of Washington's restoration on January 17 of the Huthis' terrorist organization label and accompanying U.S. sanctions -- which was removed early last year in recognition of the dire humanitarian situation in Yemen and to foster dialogue aimed at ending the Yemeni civil war involving the Huthis and the country's Saudi-backed government forces -- is "marginal," according to Katzman.

"They don't really use the international banking system and are very much cut off," Katzman said. "They get their arms from Iran, which is under extremely heavy sanctions and is certainly not going to be deterred from trying to ship them more weapons by this designation."

But the strikes being carried out by the United States and the United Kingdom, with the support of Australia, Bahrain, Canada, and the Netherlands, are another matter.

The January 21 strikes against eight Huthi targets -- followed shortly afterward by what was the ninth attack overall -- were intended to disrupt and degrade the group's capabilities to threaten global trade. They were a response to more than 30 attacks on international and commercial vessels since mid-November and were the largest strikes since a similar coalition operation on January 11.

Such strikes against the Huthis "have the potential to deter them and to degrade them, but it's going to take many more strikes, and I think the U.S. is preparing for that," Katzman said. "You're not going to degrade their capabilities in one or two volleys or even several volleys, it's going to take months."

The Huthis have significant experience in riding out aerial strikes, having been under relentless bombardment by a Saudi-led military collation during the nine-year Yemeni civil war, in which fighting has ended owing to a UN-brokered cease-fire in early 2022 that the warring parties recommitted to in December.

"They weathered that pretty well," said Jeremy Binnie, a Middle East defense analyst with the global intelligence company Janes.

"On the battlefield, airpower can still be fairly decisive," Binnie said, noting that air strikes were critical in thwarting Huthi offensives during the Yemeni civil war. "But in terms of the Huthis' overall ability to weather the air campaign of the Saudi-led coalition, they did that fine, from their point of view."

Since the cease-fire, Binnie said, the situation may have changed somewhat as the Huthis built up their forces, with more advanced missiles and aging tanks -- a heavier presence that "might make them a bit more vulnerable."

"But I don't think they will, at the same time, have any problem reverting to a lighter force that is more resilient to air strikes as they have been in the past," Binnie said.

Both Binnie and Katzman suggested that the Huthis appear willing to sustain battlefield losses in pursuit of their aims, which makes the group difficult to deter from the air.

A cargo ship seized by Huthis in the Red Sea in November 2023.
A cargo ship seized by Huthis in the Red Sea in November 2023.

The Huthis have clearly displayed their intent on continuing to disrupt maritime shipping in the Red Sea, which they claim has targeted only vessels linked to Israel despite evidence to the contrary, until there is a cease-fire in the Gaza Strip.

This has brought the Huthis' complicated relationship with Iran under intense scrutiny.

'Axis Of Resistance'

The Huthis have established themselves as a potent element of Iran's so-called "axis of resistance" against Israel and the United States, as well as against Tehran's regional archrival, Saudi Arabia.

But analysts who spoke to RFE/RL widely dismissed the idea that the Huthis are a direct Iranian proxy, describing the relationship as more one of mutual benefit in which the Huthis can be belligerent and go beyond what Tehran wants them to.

While accused by Western states and UN experts of secretly shipping arms to the Huthis and other members of the axis of resistance, Iran has portrayed the loose-knit band of proxies and partners and militant groups as independent in their decision-making.

The grouping includes the Iran-backed Hamas -- the U.S. and EU designated terrorist group whose attack on Israel sparked the war in the Gaza Strip -- and Lebanese Hizballah -- a Iranian proxy and U.S. designated terrorist group that, like the Huthis, has launched strikes against Israel in defense of Hamas.

"The success of the axis of resistance ... is that since Tehran has either created or co-opted these groups, there is more often than not fusion rather than tension," between members of the network and Iran, explained Behnam Ben Taleblu, senior fellow at the Washington-based Foundation for Defense of Democracies think tank.

But the relationship is not simply about "Iran telling its proxies to jump and them saying how high," Taleblu said. "It’s about Iran’s ability to find and materially support those who are willing to or can be persuaded to shoot at those Tehran wants to shoot at."

Iran's interest in a certain axis member's success in a given area and its perception of how endangered that partner might be, could play a crucial role in Tehran's willingness to come to their defense, according to Taleblu.

Middle East observers who spoke to RFE/RL suggested that it would take a significant escalation -- an existential threat to Tehran itself or a proxy, like Lebanese Hizballah -- for Iran to become directly involved.

"The Islamic republic would react differently to the near eradication of Hizballah which it created, versus Hamas, which it co-opted," Taleblu said. "Context is key."

"Iran is doing what it feels it can to try to keep the United States at bay," Katzman said, singling out the missile strikes carried out on targets this month in Syria, Iraq, and Pakistan that were widely seen as a warning to Israel and the United States of Tehran's growing military capabilities. Iran is "trying to show support for the Huthis without getting dragged in."

Iran is believed to have members of its Islamic Revolutionary Guards Corps on the ground in Yemen. Tehran also continues to be accused of delivering arms to the Huthis, and at the start of the year deployed a ship to the Gulf of Aden in a show of support for the Huthis before withdrawing it after the U.S.-led coalition launched strikes in Yemen on January 11.

"So, they are helping," Katzman said, "but I think they are trying to do it as quietly and as under the radar as possible.

A U.S.-led ground operation against the Huthis, if it came to that, could change Iran's calculations. "Then Iran might deploy forces to help them out," Katzman said.


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Israeli nationals on trial over protest at Elbit UK’s head office https://www.radiofree.org/2024/01/26/israeli-nationals-on-trial-over-protest-at-elbit-uks-head-office/ https://www.radiofree.org/2024/01/26/israeli-nationals-on-trial-over-protest-at-elbit-uks-head-office/#respond Fri, 26 Jan 2024 11:38:02 +0000 https://www.opendemocracy.net/en/elbit-systems-ltd-uk-israeli-nationals-trial-bristol-palestine/
This content originally appeared on openDemocracy RSS and was authored by Tom Wall.

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Belarusian authorities start trial of Aliaksandr Ziankou, bring charges against Ales Sabaleuski, detain Yauhen Hlushkou https://www.radiofree.org/2024/01/18/belarusian-authorities-start-trial-of-aliaksandr-ziankou-bring-charges-against-ales-sabaleuski-detain-yauhen-hlushkou/ https://www.radiofree.org/2024/01/18/belarusian-authorities-start-trial-of-aliaksandr-ziankou-bring-charges-against-ales-sabaleuski-detain-yauhen-hlushkou/#respond Thu, 18 Jan 2024 17:06:37 +0000 https://cpj.org/?p=347956 New York, January 18, 2024—The Committee to Protect Journalists calls on Belarusian authorities to drop all charges against journalist Aliaksandr Ziankou and to disclose the charges against journalist Ales Sabaleuski and the reason for the recent detention of journalist Yauhen Hlushkou.

On January 12, Minsk City Court began the trial of Ziankou, a freelance photojournalist, on charges of “participating in an extremist group,” according to Poland-based independent broadcaster Belsat TV and the Belarusian Association of Journalists (BAJ), an advocacy and trade group operating from exile.

On June 22, 2023, authorities in Barysaw, some 80 kilometers (50 miles) northeast of the capital, Minsk, detained Ziankou and transferred him to a temporary detention center in Minsk, after searching his home and seizing his computer equipment, according to those reports. A BAJ representative told CPJ, under condition of anonymity citing fear of reprisal, that Ziankou’s detention was not made public until his name appeared on the court’s website in January.

Separately, around January 4, Belarusian authorities detained Hlushkou, a former freelance camera operator, in the eastern city of Mahilou, according to independent news website Mediazona and the local human rights group Mayday, which reported that Hlushkou had not contacted any of his acquaintances since that date. Hlushkou is held in a temporary detention center in Mahilou, the BAJ representative told CPJ. Authorities did not disclose the reason for his detention, those sources said.

On January 15, BAJ reported that Sabaleuski, who was arrested December 12, had been transferred from a temporary detention center to a pre-trial detention center, indicating that criminal charges had been brought against him.

On December 13, a court in Mahilou ordered that Sabaleuski be held in a temporary detention center for 10 days for allegedly distributing extremist content, after which it extended the order, Mayday reported. News reports said Sabaleuski’s detention might be linked to the Belarusian security service (KGB) labeling two local independent news outlets, 6TV Bielarus and Mahilou Media, as extremist groups two weeks earlier.

“The detentions of journalists Yauhen Hlushkou, Ales Sabaleuski, and Aliaksandr Ziankou are yet another example of the Belarusian authorities’ relentless harassment of members of the press,” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator. “Authorities should immediately drop all charges against Ziankou, reveal any charges filed against Hlushkou and Sabaleuski, and ensure that members of the press are not jailed for their work.”

Authorities had previously detained Ziankou, who has been a freelance photojournalist since 1998, in August 2020, while he was covering nationwide protests demanding the resignation of President Aleksandr Lukashenko.

CPJ emailed the Belarusian Investigative Committee, the country’s law enforcement agency in charge of criminal investigations, for comment but did not receive any replies.

Belarus was the world’s third-worst jailer of journalists, with at least 28 journalists behind bars as of on December 1, 2023, when CPJ conducted its most recent prison census. Ziankou was not included in the census due to lack of publicly available information on his arrest at the time.


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Bosnian Serb Leader’s Trial Postponed For Third Time https://www.radiofree.org/2024/01/17/bosnian-serb-leaders-trial-postponed-for-third-time/ https://www.radiofree.org/2024/01/17/bosnian-serb-leaders-trial-postponed-for-third-time/#respond Wed, 17 Jan 2024 17:54:06 +0000 https://www.rferl.org/a/bosnia-dodik-trial-postponed-again/32780062.html Ukraine's priority this year is to regain control over its skies, the country's foreign minister said, as Russia continues to use aerial attacks to pound its neighbor as the Kremlin's full-scale invasion nears its third year.

Speaking at the World Economic Forum in Davos, Switzerland, on January 17, Foreign Minister Dmytro Kuleba called on Ukraine's Western backers to provide advanced weaponry, including long-range missiles and F-16 fighter jets, to help Kyiv "throw Russia out of the sky."

Ukraine has been subjected to a series of unusually intense Russian air strikes since the start of the year that has put its air defenses under massive pressure amid dwindling stocks of ammunition and equipment.

Live Briefing: Russia's Invasion Of Ukraine

RFE/RL's Live Briefing gives you all of the latest developments on Russia's full-scale invasion, Kyiv's counteroffensive, Western military aid, global reaction, and the plight of civilians. For all of RFE/RL's coverage of the war in Ukraine, click here.

"In 2024, of course the priority is to throw Russia from the skies," Kuleba said during a panel discussion. "Because the one who controls the skies will define when and how the war will end."

Kuleba's comments echoed remarks by Ukrainian President Volodymyr Zelenskiy, who said a day earlier at the forum that his country “must gain air superiority.”

"Just as we gained superiority in the Black Sea, we can do it. This will allow progress on the ground.... Partners know what is needed and in what quantity," Zelenskiy said.

Russian missiles later on January 17 struck a town outside Ukraine's second-largest city, Kharkiv, killing one person and damaging an educational institution, the regional governor and the military said.

Governor Oleh Synyehubov said on Telegram there were two strikes on the town of Chuhuyev. A female employee of a heating and power plant was killed and another person was injured. A military source, also reporting on Telegram, said the attack involved S-300 missiles.

Russian troops attacked Kharkiv with two S-300 missiles on January 16, wounding 17 people, including 14 who have been hospitalized.

The Ukrainian military also said it destroyed six Iranian-made Shahed drones over the Sumy and Dnipropetrovsk regions late on January 17.

U.S. Secretary of State Antony Blinken on January 17 said the Biden administration was "working very hard" to secure additional funding for Ukraine from Congress, warning that failure to do so would be a "real problem."

"If we don't get that money, it's a real problem. It's a real problem for Ukraine. I think it's a problem for us and our leadership around the world," he said.

President Joe Biden convened top congressional leaders at the White House to underscore Ukraine's security needs.

House Speaker Mike Johnson (Republican-Louisiana) and other Republicans used the meeting with Biden to push for tougher border security measures.

"We understand that there's concern about the safety, security, and sovereignty of Ukraine," Johnson told reporters after the meeting "But the American people have those same concerns about our own domestic sovereignty and our safety and our security."

Senate Majority Leader Chuck Schumer (Democrat-New York) stressed that Biden had repeatedly said he is willing to compromise on certain border measures. He told reporters that there was a "large amount of agreement around the table" on both funding for Ukraine and border security.

The German parliament meanwhile rejected a motion put forward by the conservative opposition that called for the government to send long-range Taurus cruise missiles to Ukraine. Nearly all lawmakers from the three-party governing coalition -- Chancellor Olaf Scholz's Social Democrats (SPD), the Greens, and the Free Democrats (FDP) -- opposed to the motion on January 17.

The Greens and the FDP have been pushing Scholz for months to send the missiles, but lawmakers from the two parties said they voted against the proposal because the conservative opposition had linked it to a debate on the annual report on Germany’s military.

As Kuleba made his comments in the Swiss ski resort, Ukrainian authorities were declaring an air-raid alert for the whole country.

The Ukrainian Air Force warned on Telegram that a Russian MiG-31 fighter jet had taken off from the Mozdok airfield in Russia's North Ossetia, while Telegram monitoring channels reported that an Il-78M refueling plane was also airborne.

Earlier on January 17, a Russian drone attack on Odesa wounded three people and caused damage to civilian residential infrastructure, prompting the evacuation of 130 people, regional Governor Oleh Kiper said on Telegram.

The Defense Forces of Southern Ukraine said separately that it shot down 11 Iranian-made drones during the attack on Odesa, with the vast majority of the debris falling into the sea.

"Air-defense units worked for almost three hours.... The main efforts of the enemy were concentrated on attacks on Odesa," the military said in a statement.

The latest Russian attacks came as the United Nations said the past several weeks have seen a steep increase in civilian victims in Ukraine due to unusually intense missile and drone strikes.

In December alone, 101 Ukrainian civilians were killed and 491 were wounded in Russian strikes, amounting a 26.5 percent month-to- month increase in verified casualties, the UN Human Rights Monitoring Mission in Ukraine said in a report published on January 16.

In Brussels, the chairman of the NATO Military Committee, Bob Bauer, said on January 17 that the alliance would keep supporting Ukraine for as long as it takes.

“Today is the 693rd day of what Russia thought would be a three-day war. Ukraine will have our support for every day that is to come because the outcome of this war will determine the fate of the world,” Bauer said at the start of a two-day meeting of NATO defense ministers.

“This war has never been about any real security threat to Russia coming from either Ukraine or NATO,” Bauer added. “This war is about Russia fearing something much more powerful than any physical weapon on Earth: democracy. If people in Ukraine can have democratic rights, then people in Russia will soon crave them too.”

Bauer also urged a fundamental overhaul in the conflict readiness of the 31-member alliance.

“In order to be fully effective, also in the future, we need a war-fighting transformation of NATO,” he said.

With reporting by Reuters and AP


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Elbit Six: Palestine activists who shut down factory could face fresh trial https://www.radiofree.org/2024/01/17/elbit-six-palestine-activists-who-shut-down-factory-could-face-fresh-trial/ https://www.radiofree.org/2024/01/17/elbit-six-palestine-activists-who-shut-down-factory-could-face-fresh-trial/#respond Wed, 17 Jan 2024 13:53:58 +0000 https://www.opendemocracy.net/en/palestine-action-protest-trial-elbit-six-retrial-court-snaresbrook/
This content originally appeared on openDemocracy RSS and was authored by Anita Mureithi.

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Vietnam court starts trial of 100 accused in Dak Lak shootings https://www.rfa.org/english/news/vietnam/dak-lak-trial-01162024230538.html https://www.rfa.org/english/news/vietnam/dak-lak-trial-01162024230538.html#respond Wed, 17 Jan 2024 04:07:00 +0000 https://www.rfa.org/english/news/vietnam/dak-lak-trial-01162024230538.html The People’s Court of Dak Lak has started the trial of 100 people in connection with violent raids on two People’s Committee offices in Vietnam’s Central Highlands, state media reported.

The first-instance trial began Tuesday and will last until Jan. 26.

Of the 100 defendants, 92 are accused of terrorism following the 2023 attack that left nine people dead, including four policemen, two commune officials and three locals.

One person is being tried for concealing crimes and one for helping people enter and exit the country illegally. Six defendants living abroad are being tried in absentia for terrorism.

On the morning of June 11, 2023 two groups of around 40 people armed with guns and knives attacked the headquarters of the People’s Committee in the communes of Ea Tieu and Ea Ktur.

While 93 of the defendants are from ethnic minorities, Vietnamese authorities have denied that ethnic discrimination, injustice and poverty among the Montagnard people were behind the attack, going so far as to say there are no Montagnards in Vietnam’s Central Highlands.

Authorities said all the participants were members of a U.S.-based organization that ordered them to infiltrate Vietnam and carry out the attack.

Dak Lak.gif
Vietnamese police guard suspects in the attacks on two Dak Lak People’s Committee offices. (Mobile Police Command)

Montagnards is a term coined by French colonialists to describe around 30 tribes who live in the Central Highlands, many of whom practice Christianity.

Evangelical Church preacher Alur Y Min, an ethnic Ede who has been living as a refugee in Thailand since 2017, said the Vietnamese government had been using the police and military to oppress Montagnards for decades by taking their land and denying them freedom of religion.

“In my opinion, the shooting is not a terrorist incident, but this is a sign that the water has broken its banks and people cannot stand the oppression,” he told Radio Free Asia.

“The People’s Police and the People’s Army are against the people, protecting the interests of the state and protecting businesses or private individuals who occupy people's land. Why are they not on the side of the people but on the side of the enemy – the side that wants to take over the people’s property?”

Co-founder of the human rights group Montagnards for Justice, Y Quynh Bdap, is one of the six people being tried in absentia for terrorism. He is also a refugee in Thailand.

He denied that he and his group were involved in the attacks, saying they only used peaceful tactics.

“I object to the trial. The Vietnamese government will not give up making slanderous accusations against activists, because they have slandered hundreds of Montagnards for a long time,” he told RFA Vietnamese.

“If they want to arrest someone, they will find a way to make slanderous accusations, make people afraid and then people will be hesitant to report government violations of their land and religion.”

Translated by RFA Vietnamese. Edited by Mike Firn and Taejun Kang.


This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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Belarusian Photojournalist Goes On Trial For Covering Protests, Faces Up To Six Years In Prison https://www.radiofree.org/2024/01/12/belarusian-photojournalist-goes-on-trial-for-covering-protests-faces-up-to-six-years-in-prison/ https://www.radiofree.org/2024/01/12/belarusian-photojournalist-goes-on-trial-for-covering-protests-faces-up-to-six-years-in-prison/#respond Fri, 12 Jan 2024 19:30:36 +0000 https://www.rferl.org/a/belarus-photojournalist-trial-prison/32772265.html

U.S. and British forces have hit Iran-backed Huthi rebel military targets in Yemen -- -- an action immediately condemned by Tehran -- sparking fears around the world of a growing conflict in the Middle East as fighting rages in the Gaza Strip.

U.S. President Joe Biden said in a statement that the move was meant to show that the United States and its allies “will not tolerate” the Iran-backed rebel group’s increasing number of attacks in the Red Sea, which have threatened freedom of navigation and endangered U.S. personnel and civilian navigation.

The rebels said that the air strikes, which occurred in an area already shaken by Israel's war with Hamas, a group designated as a terrorist organization by the U.S. and European Union, totaled 73 and killed at least five people.

"Today, at my direction, U.S. military forces -- together with the United Kingdom and with support from Australia, Bahrain, Canada, and the Netherlands -- successfully conducted strikes against a number of targets in Yemen used by Huthi rebels to endanger freedom of navigation in one of the world’s most vital waterways," Biden said in a statement.

“These strikes are in direct response to unprecedented Huthi attacks against international maritime vessels in the Red Sea -- including the use of anti-ship ballistic missiles for the first time in history,” Biden said of the international mission that also involved Australia, Bahrain, Canada, and the Netherlands.

White House National Security Council spokesman John Kirby said Biden approved the strikes after a Huthi attack on January 9. U.S. and British naval forces repelled that attack, shooting down drones and missiles fired by the Huthis from Yemen toward the southern Red Sea.

Kirby said the United States does not want war with Yemen or a conflict of any kind but will not hesitate to take further action.

"Everything the president has been doing has been trying to prevent any escalation of conflict, including the strikes last night," he said.

The UN Security Council called an emergency meeting for later on January 12 over the strikes. The session was requested by Russia and will take place after a meeting to discuss the situation in Gaza.

Huthi rebels have stepped up attacks on vessels in the Red Sea since Israel launched its war on Hamas over the group's surprise cross-border attack on October 7 that killed some 1,200 Israelis and saw dozens more taken hostage.

The Huthis have claimed their targeting of navigation in the Red Sea is meant to show the group's support for the Palestinians and Hamas.

Thousands of the rebels held protests in Yemen's capital, Sanaa, where they chanted “We aren’t discouraged. Let it be a major world war!”

The White House said Huthi acts of piracy have affected more than 50 countries and forced more than 2,000 ships to make detours of thousands of kilometers to avoid the Red Sea. It said crews from more than 20 countries were either taken hostage or threatened by Huthi piracy.

Kirby said a "battle damage assessment" to determine how much the Huthi capabilities had been degraded was ongoing.

Britain said sites including airfields had been hit. U.S. Defense Secretary Lloyd Austin, who is still hospitalized following complications from prostate cancer surgery, said earlier the strikes were aimed at Huthi drones, ballistic, and cruise missiles, as well as coastal radar and air surveillance capabilities.

British Prime Minister Rishi Sunak said the strikes were "necessary and proportionate."

"Despite the repeated warnings from the international community, the Huthis have continued to carry out attacks in the Red Sea," Sunak said in a statement.

Iran immediately condemned the attacks saying they would bring further turbulence to the Middle East.

"We strongly condemn the military attacks carried out this morning by the United States and the United Kingdom on several cities in Yemen," Iranian Foreign Ministry spokesman Nasser Kannani said in a post on Telegram.

"These arbitrary actions are a clear violation of Yemen's sovereignty and territorial integrity, and a violation of international laws and regulations. These attacks will only contribute to insecurity and instability in the region," he added.

A Huthi spokesman said the attacks were unjustified and the rebels will keep targeting ships heading toward Israel.

The Huthis, whose slogan is "Death to America, Death to Israel, curse the Jews and victory to Islam," are part of what has been described as the Iran-backed axis of resistance that also includes anti-Israel and anti-Western militias such as Hamas and Hezbollah.

Huthi rebels have fought Yemen's government for decades. In 2014, they took the capital, Sanaa.

While Iran has supplied them with weapons and aid, the Huthis say they are not Tehran's puppets and their main goal is to topple Yemen's "corrupt" leadership.

With reporting by Reuters and dpa


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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The Morality of the West on Trial https://www.radiofree.org/2024/01/11/the-morality-of-the-west-on-trial/ https://www.radiofree.org/2024/01/11/the-morality-of-the-west-on-trial/#respond Thu, 11 Jan 2024 07:00:06 +0000 https://www.counterpunch.org/?p=310273 This week South Africa will open its case against Israel at the International Court of Justice in The Hague. The indictment is based on the Genocide Convention of 1948 and alleges that Israel is perpetrating a genocide on the Palestinian people in Gaza. All that South Africa needs to prove at this short preliminary hearing More

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Photograph by Nathaniel St. Clair

This week South Africa will open its case against Israel at the International Court of Justice in The Hague. The indictment is based on the Genocide Convention of 1948 and alleges that Israel is perpetrating a genocide on the Palestinian people in Gaza. All that South Africa needs to prove at this short preliminary hearing – Israel will respond the following day – is that there is a plausible risk of genocide being carried out and that if no action is taken, more Palestinians will die.

This seems a pretty low bar and judging by past cases heard by the ICJ and the solid dossier of evidence for both genocidal actions and genocidal intent produced by the South African legal team, it is expected that the plausibility test will be passed and that the court will shortly thereafter issue an order demanding Israel cease its murderous activities against the Palestinian people.

Contrary to Admiral John Kirby’s assertion that the South African claim is baseless, this will be a pivotal moment, not just for Israel but also for the West. For not only have the governments of Europe and the US failed to call out Israel’s genocidal assault on Gaza, as required by the Genocide Convention, they have also been complicit in its execution by offering material, military and diplomatic backing.

A further element of support, and a major one at that, has been provided by the western media through its selective coverage of the atrocities perpetrated by the IDF. As we approach a death toll of over 23,000 dead civilians, most of whom are women and children, we have to acknowledge that the most horrific acts of brutality and dehumanisation most of us have ever seen have been normalised, justified and even occasionally cheered on by our mainstream media and political pundits. Under the Genocide Convention incitement to commit genocide is a criminal offence which signatory states are obliged to prosecute.  However, in the face of a level of media support that can only be described as cult-like it is unlikely that any prosecutions will follow.

And yet, in spite of the solidity of the West’s support for its colonial flagship which has long enjoyed a de facto state of exceptionalism: beyond the constraints of international law, everything is now different. It is as if populations all over the world have been awakened from some stupor and they are not going back to sleep.

Whilst any signatory state could have brought a legal action against Israel once they became aware of the risk of a genocide being perpetrated: ringing the alarm bells being an obligation imposed on all parties to the convention, it seems historically appropriate that it is South Africa that has actually done so. Nelson Mandela famously remarked that South Africa’s emancipation from apartheid was incomplete without the liberation of Palestine. And, as the first president of that freed country, he recognised, as did many others from the apartheid generation, that the long-standing occupation of Palestine remained the most important moral concern in the world.

And now, notwithstanding the West’s vigorous attempts to conceal the occupation and whitewash Israel’s human rights violations, the issue of Palestinian freedom is centre stage once again. It must be irksome for the political elites to see their tireless efforts at normalisation which were so close to bearing fruit with the Abraham Accords come to naught. The over- zealous suppression of protest, particularly violent in the case of Germany – is no doubt the reaction of a panicked political class who thought they’d succeeded in subduing their populace to quiescent consumerism. Unfortunately for those elites, the immediacy of social media combined with the hubris of the Israeli military have revealed to the world a Boschian hellscape it will be impossible to forget.

Shielding Israel from the legal consequences of its actions has not been a good use of western hegemony. (Prior to the 2023 assault on Gaza Israel was in breach of over 30 UN resolutions as well as the Fourth Geneva Convention – due to its continuous building of illegal settlements). The inflated sense of impunity such protection has imparted to that state has encouraged a tirade of murderous boasts from the army, the Knesset, and all sectors of civil society. This is significant because whereas normally genocidal intent is the most elusive element of the crime for which the prosecution must adduce evidence, in the case of Israel’s current assault on Gaza, there are pages of it. Just like a bullying school boy who, having missed the benefit of timely censure has achieved a level of violence that can only be dealt with by expulsion, Israel may struggle to achieve any level of peaceful coexistence with its neighbours.

Of course there were warnings. As early as December 1948 just a few months after the state’s creation, a group of Jewish intellectuals, including Albert Einstein and Hannah Arendt,  wrote a letter to the New York Times warning American Zionists not to fund Menachem Begin’s ‘Freedom Party’ on account of its fascist tendencies, as evidenced by the massacre of Arabs at Deir Yassin. The advice was ignored and Begin went on to become the country’s 6th prime minister in 1978.

But it probably wasn’t until after 1967 when Israel conquered land in the 6 Day War that the Rubicon was crossed. On 22nd September 1967 two letters simultaneously appeared in two different Israeli newspapers each advocating a distinct direction for the country. One letter, written by 57 of the country’s leading cultural figures, including a Nobel laureate, favoured occupation. These societal luminaries saw the conquering of land as an opportunity for expansion and insisted that no government of Israel should ever give it back.

The other letter was from 52 left-leaning political unknowns, mainly drawn from the Socialist party Matzpen, which included Arabs and Israelis. Their prophetic warning reads as follows: “Our right to defend ourselves from annihilation does not give us the right to oppress others. Occupation leads to foreign rule. Foreign rule leads to resistance. Resistance leads to oppression. Oppression leads to terrorism, and counter-terrorism. The victims of terrorism are usually innocent. Holding on to the occupied territories will make us a nation of murderers and murder victims. Let’s leave the Occupied Territories now.”

We all know the direction Israel chose to follow: settlements expanded, the oppression grew more violent, and, as they say, the rest is history. But how the current crisis is now resolved will have repercussions far beyond that tiny strip of land. Because not only have relations with bordering Arab states been seriously damaged, perhaps irreparably, whatever the outcome of Israel’s plans for transferring the Gazan population out of the strip, but now the colonial design for the entire region has been thrown into question. The map drawing skills of Sykes and Picot are being re-examined just as newly emancipated states, like Mali, Burkino Faso and Niger, having thrown out their French guardians, are speaking of forming a federation.

But it is not only ‘out there’ that the ramifications of the assault on Gaza are being felt. At home too: in the arena of domestic politics, everything is in flux. Former British diplomat, Alastair Crooke recently described the political situation in the UK as broken. He is right. The Tories may be thrown out in this year’s election, but it would be a mistake to see the Labour Party as a winner. Its leader, Keir Starmer, a former Human Rights lawyer disappointed many of his political base in not voting for a ceasefire. In fact, his strong support for Israel’s military operation in Gaza has disgusted many within his own party and a number of resignations have followed. Whether a new anti-imperialism party forms in the coming years is anyone’s guess, but the ground looks more fertile than it has in a long time.

Of course, Palestine was always a fault line running through liberal democracy; it was where human rights rhetoric met colonial aspirations, where the rules of International Law were trumped by a Rules-based order. And those mutually exclusive ideas have always been on a collision course despite attempts by western powers to disguise the colonial nature of the state of Israel’s founding. The racist thinking of the 1930s was perfectly encapsulated in Churchill’s ‘dog in the manger’ speech where he openly expressed the view that inferior races – such as the Palestinians – should give up their land to ‘an advanced race a superior race, a more worldly-wise race’ who would make better use of it, i.e., the settlers from Europe. Churchill thought ethnically cleansing land was perfectly acceptable just as had been the case in America and Australia, and he lived at a time when it was possible to speak in such terms. But times change and so must discourse. So when Golda Meir’s asserted that Palestine was a land without a people, what she probably wanted to say was that the people there did not count. But this was the 1970s which was a time when some things could no longer be said: racist language was no longer acceptable. Racist practices were, however, provided they were wrapped up in conciliatory language. Only now, in our hyper-visual age, that old linguistic subterfuge no longer works. People can see for themselves.

The problem Israel has had is that it was too late to history: too late to fully accomplish the colonial project achieved by earlier settlers elsewhere. Israeli historian, Illan Pappe, succinctly described the 1948 ethnic cleansing of Palestinians as ‘an incomplete atrocity’. And Israel can’t complete it now, as much as it is attempting to do so, because the whole world is watching. Israel may even be too late to secure its survival. Too late to history once again! Because, what could have been achieved in 1967: a peace deal with two independent states – Palestine and Israel – living side by side – now looks impossible.

The brutal assault on Gaza has exposed the hypocrisy of supposedly universal liberal values like nothing else. As it is now glaringly apparent that those values do not apply to Palestinians. Western states are working hard to distract their citizenry from such a realisation: trying to reframe what is clearly a moral issue as a cultural one, or a religious one, asserting that killing Palestinian children is upsetting for the Islamic world because they are Muslims. The implication being that non-Muslim citizens can and should accept their government’s presentation of the slaughter as an unavoidable tragedy, or worse, the fault of the Palestinians themselves. A particularly insidious aspect of that reframing, in the UK at least, has been an attempt to whip up Islamophobia and anti-immigrant sentiment in wider society. The Islamophobic narrative is sustained by a continuous supply of low-grade assertions linking Islam with terrorism and anti-Semitism. Similar false narratives have been used to denigrate Protesters simply for demanding a ceasefire. If the ICJ makes a provisional finding of genocide against Israel it is going to impossible for western governments to continue to ignore the moral imperative. They may not abide by their responsibilities under the Genocide Convention to take appropriate action to stop the slaughter, but it is difficult to see how they can continue to besmirch the reputations of those who attempt to do so.

The hearing at the ICJ is not only a determination of the genocidal nature of Israel’s assault on Gaza, it is also an adjudication on the morality of the West. Although I doubt many still believe that the West is the bastion of liberal values it pretends, certainly not many outside the West. Sartre did an able take-down of that proposition in the preface he wrote to Fanon’s ‘Wretched of the Earth’ which is an expose of the cruelties of colonialism in Algeria and beyond, published in 1961. ‘Humanism’ is the word Sartre uses to epitomise the much espoused liberal values of the West. Addressing Europeans he says, “Your humanism claims we are at one with the rest of humanity but your racist methods set us apart.” It wasn’t just a lapse in progressive thinking that was going on in the colonies: some disconnect between honourable motives and a falling short in attainments. Rather, Sartre recognised that Humanism was being used as a cover for those racist methods. It wasn’t a failing, it was an intentional deployment: like a disguise being used by a serial killer to lure his victims by dispelling their fears. Sartre saw that once the lie of Humanism was exposed, it could not be repaired and the order of the world would be forever changed. Because the notion that the West had sold to the world that it was the prototype human being: the head of the great family of humanity that all could eventually join was clearly not the case. And if the West is not the proto type for all human development, then other courses of action, indeed other histories could and would be written. As Sartre neatly sums it up, “It simply is that in the past we made history and now it is being made of us.” The ICJ judgement should be an important part of that new history.

The post The Morality of the West on Trial appeared first on CounterPunch.org.


This content originally appeared on CounterPunch.org and was authored by Susan Roberts.

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Kyrgyz Border-Deal Activists’ Trial Postponed After Defendant Hospitalized https://www.radiofree.org/2024/01/10/kyrgyz-border-deal-activists-trial-postponed-after-defendant-hospitalized/ https://www.radiofree.org/2024/01/10/kyrgyz-border-deal-activists-trial-postponed-after-defendant-hospitalized/#respond Wed, 10 Jan 2024 12:54:52 +0000 https://www.rferl.org/a/kyrgyz-border-deal-activists-trial-postponed-after-one-defendant-hospitalized/32768757.html President Volodymyr Zelenskiy says Ukraine has shown Russia's military is stoppable as he made a surprise visit to the Baltics to help ensure continued aid to his country amid a wave of massive Russian aerial barrages.

Live Briefing: Russia's Invasion Of Ukraine

RFE/RL's Live Briefing gives you all of the latest developments on Russia's full-scale invasion, Kyiv's counteroffensive, Western military aid, global reaction, and the plight of civilians. For all of RFE/RL's coverage of the war in Ukraine, click here.

Zelenskiy met with his Lithuanian counterpart Gitanas Nauseda on January 10 to discuss military aid, training, and joint demining efforts during the previously unannounced trip, which will also take him to Estonia and Latvia.

“We have proven that Russia can be stopped, that deterrence is possible,” he said after talks with Nauseda on what is the Ukrainian leader's first foreign trip of 2024.

"Today, Gitanas Nauseda and I focused on frontline developments. Weapons, equipment, personnel training, and Lithuania's leadership in the demining coalition are all sources of strength for us," Zelenskiy later wrote on X, formerly Twitter.

Lithuania has been a staunch ally of Ukraine since the start of Russia's unprovoked full-scale invasion, which will reach the two-year mark in February.

Nauseda said EU and NATO member Lithuania will continue to provide military, political, and economic support to Ukraine, and pointed to the Baltic country's approval last month of a 200-million-euro ($219 million) long-term military aid package for Ukraine.

Russia's invasion has turned Ukraine into one of the most mined countries in the world, generating one of the largest demining challenges since the end of World War II.

"Lithuania is forming a demining coalition to mobilize military support for Ukraine as efficiently and quickly as possible," Nauseda said.

"The Western world must understand that this is not just the struggle of Ukraine, it is the struggle of the whole of Europe and the democratic world for peace and freedom," Nauseda said.

Ukraine has pleaded with its allies to keep supplying it with weapons amid signs of donor fatigue in some countries.

There is continued disagreement between Democrats and Republicans in the U.S. Congress on continuing military aid for Kyiv, while a 50-billion-euro ($55 billion) aid package from the European Union remains blocked due to a Hungarian veto.

But a NATO allies meeting in Brussels on January 10 made it clear that they will continue to provide Ukraine with major military, economic, and humanitarian aid. NATO allies have outlined plans to provide "billions of euros of further capabilities" in 2024 to Ukraine, the alliance said in a statement.

Zelensky warned during the news conference with Nauseda that delays in Western aid to Kyiv would only embolden Moscow.

"He (Russian President Vladimir Putin) is not going to stop. He wants to occupy us completely," Zelenskiy said.

"And sometimes, the insecurity of partners regarding financial and military aid to Ukraine only increases Russia's courage and strength."

Since the start of the year, Ukraine has been subjected to several massive waves of Russian missile and drone strikes that have caused civilian deaths and material damage.

Zelenskiy said on January 10 that Ukraine badly needs advanced air defense systems.

"In recent days, Russia hit Ukraine with a total of 500 devices: we destroyed 70 percent of them," Zelenskiy said. "Air defense systems are the number one item that we lack."

Meanwhile, in Ukraine, an all-out air raid alert was declared on the morning of January 10, with authorities instructing citizens to take shelter due to an elevated danger of Russian missile strikes.

"Missile-strike danger throughout the territory of Ukraine! [Russian] MiG-31Ks taking off from Savasleika airfield [in Russia's Nizhny Novgorod region].

Don't ignore the air raid alert!' the Ukrainian Air Force said in its warning message on Telegram.

With reporting by AFP and Reuters


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Turkish editor Furkan Karabay arrested for reporting on corruption trial of judiciary members https://www.radiofree.org/2024/01/02/turkish-editor-furkan-karabay-arrested-for-reporting-on-corruption-trial-of-judiciary-members/ https://www.radiofree.org/2024/01/02/turkish-editor-furkan-karabay-arrested-for-reporting-on-corruption-trial-of-judiciary-members/#respond Tue, 02 Jan 2024 18:56:40 +0000 https://cpj.org/?p=343727 Istanbul, January 2, 2024—The Committee to Protect Journalists urges Turkish authorities to immediately release journalist Furkan Karabay and to stop criminalizing journalism on the judiciary.  

Istanbul police took Karabay, an editor for independent news website Gerçek Gündem (The Real Agenda), into custody on December 28, 2023 according to news reports. The next day, he was jailed pending trial by court order on the suspicion of “making targets of those who were tasked to combat terrorism” and defamation. Karabay’s detention followed his December 27 article about an ongoing corruption and bribery trial of members of the judiciary; he had based his story on publicly available court minutes, reports said. 

“Turkish authorities must release journalist Furkan Karabay, whose arrest was blatantly retaliatory for his journalism,” said Özgür Öğret, CPJ’s Turkey representative. “Karabay’s arrest sends an intimidating message to Turkey’s journalists to abstain from reporting on the judiciary or face severe consequences. This criminalization of basic journalistic practices must end.”

Journalists in Turkey who report on members of the judiciary or judicial developments are frequently charged with “making targets of those who were tasked to combat terrorism.”

CPJ’s email to the Istanbul chief prosecutor’s office did not receive an immediate reply.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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Turkish editor Furkan Karabay arrested for reporting on corruption trial of judiciary members https://www.radiofree.org/2024/01/02/turkish-editor-furkan-karabay-arrested-for-reporting-on-corruption-trial-of-judiciary-members-2/ https://www.radiofree.org/2024/01/02/turkish-editor-furkan-karabay-arrested-for-reporting-on-corruption-trial-of-judiciary-members-2/#respond Tue, 02 Jan 2024 18:56:40 +0000 https://cpj.org/?p=343727 Istanbul, January 2, 2024—The Committee to Protect Journalists urges Turkish authorities to immediately release journalist Furkan Karabay and to stop criminalizing journalism on the judiciary.  

Istanbul police took Karabay, an editor for independent news website Gerçek Gündem (The Real Agenda), into custody on December 28, 2023 according to news reports. The next day, he was jailed pending trial by court order on the suspicion of “making targets of those who were tasked to combat terrorism” and defamation. Karabay’s detention followed his December 27 article about an ongoing corruption and bribery trial of members of the judiciary; he had based his story on publicly available court minutes, reports said. 

“Turkish authorities must release journalist Furkan Karabay, whose arrest was blatantly retaliatory for his journalism,” said Özgür Öğret, CPJ’s Turkey representative. “Karabay’s arrest sends an intimidating message to Turkey’s journalists to abstain from reporting on the judiciary or face severe consequences. This criminalization of basic journalistic practices must end.”

Journalists in Turkey who report on members of the judiciary or judicial developments are frequently charged with “making targets of those who were tasked to combat terrorism.”

CPJ’s email to the Istanbul chief prosecutor’s office did not receive an immediate reply.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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Rights activist Li Qiaochu stands trial in Shandong for subversion https://www.rfa.org/english/news/china/china-liqiaochu-trial-12212023163516.html https://www.rfa.org/english/news/china/china-liqiaochu-trial-12212023163516.html#respond Thu, 21 Dec 2023 21:35:27 +0000 https://www.rfa.org/english/news/china/china-liqiaochu-trial-12212023163516.html Feminist labor rights activist Li Qiaochu's secret trial for "incitement to subvert state power" has been suspended after the authorities fired her defense team, according to a rights group and a fellow activist's wife.

Li was detained in 2021 after posting to social media the details of torture allegations by her partner, the jailed rights activist Xu Zhiyong, and by fellow jailed rights lawyer Ding Jiaxi

She stood trial at the Linyi Economic and Technological Development Zone People's Court on Dec. 19, the wife of a fellow activist told Radio Free Asia.

"The trial was held behind closed doors," said Luo Shengchun, Ding’s wife. "Neither family members nor outsiders were allowed inside."

"Her father stood outside the building waiting for the verdict, but none was announced at the trial," Luo said.

The rights group Frontline Defenders said in a statement on its website that the trial had been "suspended" after one of Li Qiaochu's lawyers refused to submit to being searched on the way into the courtroom.

"Her other lawyer entered the courtroom, but the judge denied his legitimate requests to summon defense witnesses, to gain access to evidence held by the prosecution, and to seek the recusal of officials with perceived conflicts of interest in the case," the group said.

"As a result of his inability to perform his duty as the defense counsel, the lawyer asked Li Qiaochu to dismiss him and exited the courtroom in protest," it said, adding that both lawyers have been denied permission to meet with her and new defense lawyers will be appointed.

Li Qiaochu suffers from serious symptoms of depression and auditory hallucinations, the group said.

Defense attorney

Luo confirmed that defense attorney Li Guobei wasn't even informed of the trial date, citing her post on the social media platform Weibo. Li had traveled to the court anyway, but was prevented from entering because she refused to submit to a security search.

"[The authorities] fired Li Guobei, although a lawyer can only be fired by the client or their family," she said.

U.S.-based rights lawyer Wu Shaoping said Li had behaved ethically.

"Lawyer Li Guobei was still brave enough to speak out despite the authorities' restriction, and their deprivation of [Li Qiaochu's] right to legal representation," Wu said. 

"The authorities don't want human rights lawyers getting involved in such cases," he said. 

ENG_CHN_LiQiaochuTrial_12212023.2.jpg
"The authorities don't want human rights lawyers getting involved in such cases," says U.S.-based rights lawyer Wu Shaoping. (Provided by Wu Shaoping)

Sarah Brooks, spokesperson for London-based rights group Amnesty International, said Li's trial was an attempt to "put a veneer of legitimacy over years of harassment and detention aimed at silencing her peaceful dissent."

She said the evidence against Li Qiaochu was "vanishingly thin," and amounted to little more than "guilt by association" with Xu.

"First, they targeted her for nothing more than running a blog that shared articles written by her jailed partner," Brooks said. "And when she showed the immense courage nonetheless to publicly share details of Xu’s ill-treatment in custody, she was again punished."

"Li should not suffer retaliation for speaking out against torture or publicizing views at odds with those of the government," Brooks said, calling for Li Qiaochu's immediate and unconditional release.

Dutch award

In December 2022, the Netherlands honored Li Qiaochu with the 2022 Embassy Tulip award in recognition of her dedication to women’s rights and labor rights.

Li has been held in Shandong's Linyi city since her initial detention on Feb. 6, 2021, on suspicion of "subverting state power."

Her lawyer raised concerns over her mental health after being permitted a rare visit with her in August 2021. Li, who was diagnosed with depression before her arrest, needs long-term medication.

The Dutch award came amid international calls for Li's release, including from European Union officials attending the United Nations' Human Rights Council in September 2022.

Li, now in her early 30s, is a long-term campaigner against gender-based violence and for labor rights.

In 2017, she volunteered to provide information and resources to affected migrant workers when Beijing authorities forcibly removed them from the city, and boosted the visibility of China’s #MeToo movement by compiling data on sexual harassment.

She also campaigned against a culture of long hours in the workplace.

Xu is currently serving a 14-year jail term for “subversion of state power,” while Ding is serving a 12-year sentence on the same charge, in connection with a gathering of dissidents in the southeastern port city of Xiamen in December 2019.

Translated with additional reporting by Luisetta Mudie. Edited by Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By Gao Feng for RFA Mandarin.

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Trial opens for Hong Kong media tycoon Jimmy Lai | Radio Free Asia (RFA) https://www.radiofree.org/2023/12/18/trial-opens-for-hong-kong-media-tycoon-jimmy-lai-radio-free-asia-rfa-2/ https://www.radiofree.org/2023/12/18/trial-opens-for-hong-kong-media-tycoon-jimmy-lai-radio-free-asia-rfa-2/#respond Mon, 18 Dec 2023 20:33:04 +0000 http://www.radiofree.org/?guid=6d0e5e8639bf9ff3e2b165d44a7f83b2
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Trial opens for Hong Kong media tycoon Jimmy Lai | Radio Free Asia (RFA) https://www.radiofree.org/2023/12/18/trial-opens-for-hong-kong-media-tycoon-jimmy-lai-radio-free-asia-rfa/ https://www.radiofree.org/2023/12/18/trial-opens-for-hong-kong-media-tycoon-jimmy-lai-radio-free-asia-rfa/#respond Mon, 18 Dec 2023 20:19:27 +0000 http://www.radiofree.org/?guid=501ef696b7d66a5480d4b1ed8ba7c202
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Trial opens for Hong Kong media tycoon Jimmy Lai | Radio Free Asia (RFA) https://www.radiofree.org/2023/12/18/trial-opens-for-hong-kong-media-tycoon-jimmy-lai-radio-free-asia-rfa/ https://www.radiofree.org/2023/12/18/trial-opens-for-hong-kong-media-tycoon-jimmy-lai-radio-free-asia-rfa/#respond Mon, 18 Dec 2023 20:19:27 +0000 http://www.radiofree.org/?guid=501ef696b7d66a5480d4b1ed8ba7c202
This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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Jimmy Lai’s security trial begins in Hong Kong amid international uproar https://www.rfa.org/english/news/china/lai-trial-12182023005400.html https://www.rfa.org/english/news/china/lai-trial-12182023005400.html#respond Mon, 18 Dec 2023 05:57:26 +0000 https://www.rfa.org/english/news/china/lai-trial-12182023005400.html Jimmy Lai, a pro-democracy media tycoon from Hong Kong, appeared in court Monday for alleged national security violations, with several Western governments and human rights groups urging his immediate release. 

Lai, 76, who has been detained since December 2020, arrived in court at 10 a.m., amid tight security on charges of conspiring with foreign forces in violation of the National Security Law, or NSL, that China imposed on the city in June 2020.

Beijing introduced the NSL in response to massive pro-democracy protests, insisting that the law was necessary to quell unrest. The law criminalizes several broadly defined offenses including secession, subversion, collusion with foreign forces and terrorist activities.

A year after it was imposed, Amnesty International said the law had “decimated” the city’s rights and freedoms.

One of the most outspoken critics of China, Lai, the publisher of the now-defunct Apple Daily, was initially detained in August 2020 during a police raid on the newspaper’s officers.

Lai was often at the frontline of pro-democracy protests, such as the Umbrella Movement in 2014 and demonstrations against an extradition bill in 2019. 

The trial before three national security judges, without a jury, at the city’s High Court is expected to last 80 days. It was scheduled to commence a year ago but postponed subsequent to the government’s objection to the selection of defense counsel Timothy Owen, a barrister based in the U.K., and its pursuit of intervention from Beijing. 

Lai and the Apple Daily are also both subject to accusations under a British colonial-era sedition law. He has pleaded not guilty to all charges. 

ENG_CHN_JimmyLaiTrial_12182023_2.JPG
Media tycoon Jimmy Lai, founder of Apple Daily, looks on as he leaves the Court of Final Appeal by prison van, in Hong Kong, China on Feb. 1, 2021. (Tyrone Siu/Reuters)

Lai’s case has caused an international uproar and is widely regarded as a test of the city’s judicial independence.

Late Sunday, British Foreign Secretary David Cameron said he was “gravely concerned” about the trial, calling for the immediate release of Lai, a British citizen.

“As a prominent and outspoken journalist and publisher, Jimmy Lai has been targeted in a clear attempt to stop the peaceful exercise of his rights to freedom of expression and association,” Cameron said in a statement, adding that the security law was in breach of the commitments China made to Hong Kong when it resumed sovereignty over the territory in 1997.

The 1984 Sino-British Joint Declaration included a promise to retain Hong Kong’s rights and freedoms for 50 years after it was returned to China’s rule.

“I urge the Chinese authorities to repeal the National Security Law and end the prosecution of all individuals charged under it,” Cameron said. 

“I call on the Hong Kong authorities to end their prosecution and release Jimmy Lai.”

Separately, the United States called for Lai’s immediate release and condemned the prosecution.

“Lai has been held in pre-trial detention for more than 1,000 days, and Hong Kong and Beijing authorities have denied him his choice of legal representation,” U.S. State Department spokesperson Matthew Miller said in a statement. “We call on Hong Kong authorities to immediately release Jimmy Lai and all others imprisoned for defending their rights.”

Ahead of the trial, the New York-based Committee to Protect Journalists also released a statement, calling for the city to release Lai, while Human Rights Watch condemned the trial as a “travesty.”

Edited by Mike Firn.


This content originally appeared on Radio Free Asia and was authored by By Taejun Kang for RFA.

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CPJ calls for Hong Kong publisher Jimmy Lai’s release ahead of national security trial https://www.radiofree.org/2023/12/15/cpj-calls-for-hong-kong-publisher-jimmy-lais-release-ahead-of-national-security-trial/ https://www.radiofree.org/2023/12/15/cpj-calls-for-hong-kong-publisher-jimmy-lais-release-ahead-of-national-security-trial/#respond Fri, 15 Dec 2023 19:01:17 +0000 https://cpj.org/?p=342331 New York, December 15, 2023 – The Committee to Protect Journalists calls on Hong Kong authorities to release publisher Jimmy Lai ahead of the scheduled start of his national security trial on December 18. The 76-year-old Lai could be jailed for life if convicted.

Lai, a British citizen and founder of the now-shuttered pro-democracy newspaper Apple Daily, has been behind bars since December 2020 and is due to be tried on charges of foreign collusion under the national security law – imposed by Beijing three years ago – that has been used to stifle free speech and crush dissent in the city, once a bastion of press freedom in Asia.

“The trial is a travesty of justice. It may be Jimmy Lai who is in the dock, but it is press freedom and the rule of law that are on trial in Hong Kong,” said Beh Lih Yi, CPJ’s Asia program coordinator, on Friday. “The government is pulling out all the stops to keep Lai behind bars. This is a dark stain on Hong Kong’s rule of law and is doing a disservice to the government’s efforts to restore investor confidence.”

The start of the trial has been postponed multiple times, and it will be held without a jury. The Hong Kong government has prevented Lai’s choice of counsel, British lawyer Timothy Owen, from representing him and a court in May upheld the decision.

Lai is currently serving a prison sentence of five years and nine months on fraud charges related to a lease dispute.

Lai received CPJ’s Gwen Ifill Press Freedom Award in 2021 in recognition of his extraordinary and sustained commitment to press freedom.

China ranked as the world’s second-worst jailer of journalists in CPJ’s 2022 prison census, which documented those imprisoned on December 1, 2022, with at least 43 journalists behind bars.


This content originally appeared on Committee to Protect Journalists and was authored by Arlene Getz/CPJ Editorial Director.

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On eve of trial, UK ‘stands by’ jailed media mogul Jimmy Lai https://www.rfa.org/english/news/china/uk-hong-kong-jimmy-lai-12132023144044.html https://www.rfa.org/english/news/china/uk-hong-kong-jimmy-lai-12132023144044.html#respond Wed, 13 Dec 2023 19:41:17 +0000 https://www.rfa.org/english/news/china/uk-hong-kong-jimmy-lai-12132023144044.html On the eve of pro-democracy media magnate and British citizen Jimmy Lai's national security trial, which begins in Hong Kong on Dec. 18, the British government has said it opposes the city's draconian National Security Law, but stopped short of calling for his release.

"Foreign Secretary @David_Cameron met with Sebastien Lai in London today to listen to his concerns for his father, Jimmy Lai, detained in Hong Kong," the Foreign, Commonwealth & Development Office said via its account on X, formerly Twitter.

"The UK opposes the National Security Law and will continue to stand by Jimmy Lai and the people of HK," it said, in a statement that fell short of what Lai and London-based campaigners had been hoping for.

Lai, who founded the now-shuttered pro-democracy Apple Daily newspaper, faces two counts of "conspiracy to collude with foreign forces" and one count of "collusion with foreign forces" under a draconian security law imposed by Beijing in the wake of the 2019 protest movement, along with a charge relating to "seditious" publications. 

Speaking to Radio Free Asia after the meeting with Cameron, Sebastien Lai called on the British government to send a more direct message to the Hong Kong and Chinese authorities.

"I hope the British government will ask the Hong Kong government to release my father immediately," he said. "The U.S. government has called for my father's release, the European Parliament has also done so, and the United Nations Special Rapporteur has also made an appeal."

"This is a very black-and-white case, as he has sacrificed everything for Hong Kong and freedom," he said. "The British government must stand with him."

ENG_CHN_JimmyLaiTrial_12132023.2.jpg
Jimmy Lai walks to go for exercise at the Stanley prison in Hong Kong, Aug. 4, 2023. (Louise Delmotte/AP)

Sebastien Lai said he worries about his father's mental and physical health.

"My father is 76 years old," he said. "He just sits in jail every day and doesn't know when he will be released."

"You can imagine how sad and worried we are," he said.

‘Unfair’ law

The meeting followed a letter from Hong Kong Watch to Cameron and Prime Minister Rishi Sunak marking Lai's 76th birthday, urging them both to meet with his son.

"Hong Kong Watch thanks the Foreign Secretary for agreeing to meet with Sebastien Lai this week as he visits the UK ahead of his father’s expected national security trial on Dec. 18, 2023. We hope the Prime Minister will do the same," the group said in a statement on its website.

To Yiu-ming, a former assistant professor at the Department of Journalism at Hong Kong Baptist University, said the repeated delays and Lai's lengthy pretrial incarceration violate a key principle of justice in a common law system.

"They violate the principle of the presumption of innocence, which is very frustrating, not just for Mr. Lai." To said. 

"It shows the overall lack of respect for the presumption of innocence under the National Security Law, which has managed to change the entire legal system," he said.

Caoilfhionn Gallagher, who heads the Lais' international legal team, said the charges against Jimmy Lai are being brought under an "unfair" law.

"Jimmy Lai has already spent three years in prison for his journalism and his peaceful pro-democracy activities," she said in a statement on the website of Doughty Street Chambers. "He is now being prosecuted for illegitimate reasons, under an unfair law, and in a broken legal system." 

"He needs the UK Government to do all they can to secure his freedom."

ENG_CHN_JimmyLaiTrial_12132023.3.jpg
Sebastien Lai, son of Hong Kong pro-democracy media tycoon Jimmy Lai, speaking during an interview at a park in Taipei, Nov. 27, 2023. "My father is 76 years old," he says. "He just sits in jail every day and doesn't know when he will be released. You can imagine how sad and worried we are." (I-Hwa Cheng/AFP)

Hong Kong Watch patron Lord Alton of Liverpool agreed.

"The key question now is whether [Cameron] finally joins the U.S. and Europe’s Parliament in calling for Jimmy Lai’s immediate and unconditional release," he told Radio Free Asia. 

"The U.K. Government needs to demonstrate that it stands up for its own citizens and puts as much effort into fighting their corner as it does trying to drum up business deals with the [Chinese Communist Party] regime."

The Chinese Embassy in the United Kingdom said the British government was "confusing right and wrong and interfering with the rule of law in Hong Kong" in a Sunday statement on Lai's case and the National Security Law.

Translated by Luisetta Mudie. Edited by Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By Amelia Loi for RFA Mandarin, Alice Yam for RFA Cantonese.

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Jury retires in trial of ‘Elbit Eight’ who shut down Israeli arms factories https://www.radiofree.org/2023/12/13/jury-retires-in-trial-of-elbit-eight-who-shut-down-israeli-arms-factories/ https://www.radiofree.org/2023/12/13/jury-retires-in-trial-of-elbit-eight-who-shut-down-israeli-arms-factories/#respond Wed, 13 Dec 2023 17:31:46 +0000 https://www.opendemocracy.net/en/palestine-action-elbit-eight-jury-deliberates-palestine-gaza/
This content originally appeared on openDemocracy RSS and was authored by Anita Mureithi.

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CPJ calls for Brazilian journalist Schirlei Alves to be spared jail over rape trial report https://www.radiofree.org/2023/11/22/cpj-calls-for-brazilian-journalist-schirlei-alves-to-be-spared-jail-over-rape-trial-report/ https://www.radiofree.org/2023/11/22/cpj-calls-for-brazilian-journalist-schirlei-alves-to-be-spared-jail-over-rape-trial-report/#respond Wed, 22 Nov 2023 20:50:29 +0000 https://cpj.org/?p=337242 São Paulo, November 22, 2023—The Committee to Protect Journalists called on Brazil’s courts to overturn a one-year jail sentence given to journalist Schirlei Alves for her reporting on the mistreatment of a woman during a high-profile rape trial.

On November 15, Alves, a freelance journalist, was sentenced to a year in prison and ordered to pay a fine of Brazilian real 400,000 (US$81,692) for defamation of Judge Rudson Marcos and Prosecutor Thiago Carriço de Oliveira, who were involved in a 2020 rape trial brought by digital influencer Mariana Ferrer, according to multiple news sources.

Ferrer alleged that she was drugged and raped at a party in 2018 by a wealthy businessman. During the trial, the accused’s defense attorney tried to blame Ferrer by producing sensual photographs that she had taken as a model, which he described as “gynecological,” accused her of “fake crying,” and thanked God that she was not his daughter, Alves reported in The Intercept Brasil and ND+.

The defendant was acquitted.

In a preliminary ruling in December 2020, a court ordered The Intercept Brazil and ND+ to “rectify” their reporting after Oliveira alleged that Alves had defamed him.  The judge’s ruling instructed the outlets to add specific language to their reporting, which she provided, highlighting that Judge Marcos did make interventions to maintain order and that Oliveira, as lead prosecutor in the case, warned the defense lawyer about his line of questioning.

The case sparked a national outcry and led to the passing in 2021 of the Mariana Ferrer Law, which punishes public agents who violate the dignity of victims or witnesses of sexual violence in court.

“We call on Brazil’s justice system to remedy this blatant injustice against journalist Schirlei Alves, whose reporting on the humiliation of a young woman in the witness box led to legal reform to protect rape victims,” said Cristina Zahar, CPJ’s Latin America and the Caribbean program coordinator, said on Wednesday. “Rather than treating a journalist like a criminal for fulfilling her duty to inform the public, Brazil should follow the standards of the regional Inter-American Human Rights System, which provides for cases of insult, slander and defamation to be dealt with in civil courts.”

The journalist’s attorney Rafael Fagundes told CPJ that the ruling was “arbitrary and illegal.”

“This ruling can be a threat to those who dare to denounce any abuses committed by the judiciary,” he said, adding that he had appealed the decision.

Judge Andrea Cristina Rodrigues Studer, head of the 5th Criminal Court of Florianópolis, who issued the November 15 sentence, told CPJ that judges did not comment on their decisions.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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CPJ urges Guatemalan authorities to ensure a fair trial for José Rubén Zamora in 2024 https://www.radiofree.org/2023/11/09/cpj-urges-guatemalan-authorities-to-ensure-a-fair-trial-for-jose-ruben-zamora-in-2024/ https://www.radiofree.org/2023/11/09/cpj-urges-guatemalan-authorities-to-ensure-a-fair-trial-for-jose-ruben-zamora-in-2024/#respond Thu, 09 Nov 2023 18:26:59 +0000 https://cpj.org/?p=334120 São Paulo, November 9, 2023—The Committee to Protect Journalists calls on Guatemalan authorities to respect journalist José Rubén Zamora’s right to a fair trial in his retrial, which a Guatemala court on Monday scheduled for February 5, 2024.

“Jose Rubén Zamora has endured detention and punitive legal proceedings simply because he dared to report on corruption,” said Cristina Zahar, CPJ’s Latin America and the Caribbean program coordinator. “Guatemalan authorities must ensure that the upcoming trial is conducted impartially and in line with international standards, respecting Zamora’s rights as a defendant.”

Police arrested Zamora, president of the Guatemalan newspaper elPeriódico, on July 29, 2022, and raided elPeriódico’s offices. Zamora was convicted of money laundering and sentenced to six years in prison on June 14; on October 13, a court in Guatemala City overturned that conviction and ordered a retrial. Zamora remains in custody.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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Trump Lashes Out at Judge, Attorney General in Fraud Trial That Could End His Real Estate Empire https://www.radiofree.org/2023/11/07/trump-lashes-out-at-judge-attorney-general-in-fraud-trial-that-could-end-his-real-estate-empire/ https://www.radiofree.org/2023/11/07/trump-lashes-out-at-judge-attorney-general-in-fraud-trial-that-could-end-his-real-estate-empire/#respond Tue, 07 Nov 2023 13:53:29 +0000 http://www.radiofree.org/?guid=e16fbb425f9a5d873195bff4ac4a500f Seg3 trump court sketch

Former President Donald Trump lashed out from the witness stand at the judge and prosecutor in his New York civil fraud case Monday. He could be forced to dissolve much of his real estate empire and bar his family from doing business in New York. “The scene was pretty incredible to witness,” says Lauren Aratani, reporter for the Guardian US who is covering the trial. The court is now determining how much the Trumps must pay in damages as the case enters the penalty phase.


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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The Pacifica Evening News, Weekdays – November 6, 2023 Trump testifies in his family’s New York civil fraud trial, judge warns him against making speeches. https://www.radiofree.org/2023/11/06/the-pacifica-evening-news-weekdays-november-6-2023-trump-testifies-in-his-familys-new-york-civil-fraud-trial-judge-warns-him-against-making-speeches/ https://www.radiofree.org/2023/11/06/the-pacifica-evening-news-weekdays-november-6-2023-trump-testifies-in-his-familys-new-york-civil-fraud-trial-judge-warns-him-against-making-speeches/#respond Mon, 06 Nov 2023 18:00:00 +0000 http://www.radiofree.org/?guid=7fabfebaaa4b2e912b5bc85970d01229 Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

  • Trump testifies in his family’s New York civil fraud trial, judge warns him against making speeches.
  • Trial for man accused of invading Nancy Pelosi’s SF home and assaulting her husband begins.
  • Secretary of State Antony Blinken wraps up Middle East diplomatic trip, without humanitarian pause deal.
  • President Biden announces $16 billion funding for Amtrak’s Northeast corridor.
  • Pope Francis meets European Rabbis, denounces rising antisemitism on the continent.
  • San Francisco Mayor London Breed comes out against ballot measure to increase police staffing.

The post The Pacifica Evening News, Weekdays – November 6, 2023 Trump testifies in his family’s New York civil fraud trial, judge warns him against making speeches. appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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Chinese rights lawyer Lu Siwei is out on ‘bail, pending trial’ https://www.rfa.org/english/news/china/lu-siwei-10312023133716.html https://www.rfa.org/english/news/china/lu-siwei-10312023133716.html#respond Tue, 31 Oct 2023 17:48:00 +0000 https://www.rfa.org/english/news/china/lu-siwei-10312023133716.html Authorities in the southwestern Chinese province of Sichuan release human rights lawyer Lu Siwei on "bail, pending trial" following his forcible repatriation from Laos.

Lu was repatriated to China last month after being arrested in Laos en route to join his family in the United States, in what rights activists said was yet another example of transnational law enforcement by Beijing.

Police released Lu, who has been behind bars for more than three months, on "bail, pending trial," on Oct. 28, his U.S.-based wife Zhang Chunxiao told Radio Free Asia following a phone call with her husband.

"I was surprised to hear his voice, because I didn't expect it so soon," Zhang said, adding that Lu spent the last month up until his release in the Xindu Detention Center.

"I asked him how he got out, and he said he'd been in a month, and could therefore be released on bail pending trial, but he couldn't say too much for the time being," she said.

"His contact with me is [being monitored] so that's all he told me ... just enough to reassure me and calm me down," Zhang said. "I am so relieved he got out."

Fellow human rights lawyer Wu Shaoping said Lu's release on bail could have something to do with the huge international outcry over Lu's arrest and disappearance in Laos.

"It's possible that Lao's repatriation of Lu Siwei to China violated international treaties [on human rights]," Wu said. "If the Chinese Communist Party were to torture him and sentence him, Laos could also come under a lot of international pressure."

However, Wu said Lu is highly likely to be under continuing surveillance and restrictions on his movements, however.

"He's still in a state of unfreedom," Wu said. "He's just been moved from a smaller prison to a larger one."

He said the authorities could redetain him at any time if he is deemed to have broken the terms of his bail, and that they may or may not still prosecute him.

'Approved for criminal detention'

Authorities in Laos told American and United Nations diplomats that Lu Siwei was still in the country, even after he was sent back to face detention in China, Zhang told Radio Free Asia in a recent interview.

Lu's lawyer confirmed on Sept. 14 that his client had left Laos for China several days earlier. Yet the authorities in Laos were still claiming that he was still in the country, Zhang said in early October.

According to an official notification dated Sept. 11 issued by the Chinese Embassy in Laos to the Lao Ministry of Public Security, Lu was "approved for criminal detention" by police in Sichuan on Sept. 3, on suspicion of "illegally crossing a border."

The document, a copy of which was circulating on social media in recent days but which has now been proven likely genuine, informed the Lao authorities that the Ministry of Public Security of the People's Republic of China "requires that the suspect Lu Siwei be transferred to China, to be brought to justice as soon as possible."

According to Wu Shaoping, Beijing wanted to send a strong warning to any other dissidents thinking of fleeing the country via its Southeast Asian neighbors.

Police in Beijing stepped up action targeting rights lawyer Wang Quanzhang and his family in June, pressuring their private landlord to evict them, while slapping a travel ban on Li Heping and his family, while denying rights attorney Xie Yang a phone call with his sick father.

Translated by Luisetta Mudie.


This content originally appeared on Radio Free Asia and was authored by By Gao Feng for RFA Mandarin.

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What Jurors Learned at the SBF Trial on Friday https://www.radiofree.org/2023/10/30/what-jurors-learned-at-the-sbf-trial-on-friday/ https://www.radiofree.org/2023/10/30/what-jurors-learned-at-the-sbf-trial-on-friday/#respond Mon, 30 Oct 2023 05:59:08 +0000 https://www.counterpunch.org/?p=302242 He’d worn shorts because they were comfortable. He’d grown his hair long because he was lazy. He worked 12 to 22 hours a day. He took a day off every month or two. He’s trying to break the habit of using ‘we’ to mean ‘I’. Sometimes he forgets. More

The post What Jurors Learned at the SBF Trial on Friday appeared first on CounterPunch.org.

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Photograph Source: MIT Bitcoin Club – CC BY 3.0

The defense began its case in federal court in Manhattan on Friday in the trial of Sam Bankman-Fried, accused fraudster and money-launderer whose cryptocurrency exchange, FTX, was, not so long ago, exalted by great swaths of the press, young crypto enthusiasts, Democratic politicians fattened by campaign donations, Tom Brady, Michael Lewis (whose book Going Infinite was released the day the trial started), NBA fans packing the then-FTX Arena to see the Miami Heat, Major League Baseball slapping the FTX logo on umpire uniforms, nonprofits agog in the aura of Bankman-Fried’s cash and claims to “effective altruism,” and others who made gobs of money only to lose it when crypto, and FTX, and its sister trading firm, Alameda Research, collapsed last year.

Since October 3, jurors have heard the former friends, colleagues and in one case business associate and lover testify for the prosecution. All of the principals, former CEO of Alameda and onetime girlfriend Caroline Ellison, co-founder of FTX Gary Wang and head FTX engineer Nishad Singh, have detailed ways that FTX customer deposits were secretly funneled into Alameda, which had been granted elastic borrowing privileges—into the billions of dollars, with little or no collateral—and which then spent, transferred or gambled this customer money away. They testified that they participated in the theft or its concealment at the direction of Bankman-Fried, and have pleaded guilty to fraud and conspiracy charges.

With his friends cooperating in anticipation of lighter sentences, his former admirers having fled into the night from the taint of scandal, and his parents (longtime Stanford Law School professors of ethics and tax law) in hot water themselves, Bankman-Fried is the entire case for the defense.

He is expected to complete his direct testimony and then face cross-examination on Monday. Here, in capsule, is what jurors have heard so far by way of defense:

He’d worn shorts because they were comfortable.

He’d grown his hair long because he was lazy.

He worked 12 to 22 hours a day.

He took a day off every month or two.

He’s trying to break the habit of using ‘we’ to mean ‘I’.

Sometimes he forgets.

He used to sit in front of six computer screens with multiple sub-screens all day.

He liked it that way so he could pay attention to everything.

He couldn’t pay attention to everything.

He tried.

He made “a number of small mistakes and some large mistakes”.

He got thousands of emails every day.

He was engaging in a few hundred Signal channels every day.

He’s introverted.

He never meant to be the public face of FTX.

It just happened.

An “accident”.

So much just happened.

+++

He’d founded Alameda in 2018 and was its CEO until 2021.

He’s never been good with names so he picked the California county where he and his cohorts, “trusted friends”, lived and worked in an Airbnb.

Golly, it was crowded.

So many 25-year-olds.

So many cardboard boxes.

In 2019 he started FTX.

He moved corporate HQ to Hong Kong.

That happened sort of by “accident” too.

He’d attended a conference there.

Hong Kong was great; he had more meaningful conversations than he’d ever had in California.

“We had no idea at all” about how to create a crypto exchange.

They had some ideas, like cross-margining, omnibus wallets, claw-backs aka “socialized loss” to cover liabilities.

He thought there was a 20 percent chance of success.

FTX was a margin exchange.

Could he explain to the jurors how that works?

“Yup.”

Sort of like “a mortgage”.

He created teams to deal with various aspects of the business.

So many teams.

He never created a risk management team.

He wishes he had now.

That was one of the large mistakes.

He was very interested in managing risk.

+++

Alameda was allowed to trade on the exchange.

And to borrow from it.

And to take money directly from customers to invest on FTX.

And to loan money to him to make political or charitable donations.

Some of those loans were documented; others…

“Maybe not all.”

So much money (and pseudo money) was moving.

Eventually, “I wasn’t entirely sure what was happening”.

He had allowed Gary and Nishad “to make decisions without consulting me”.

He was so busy.

“Yup.”

How many times had he gone to Congress to talk about regulation?

He had never expected this level of growth.

At the start, he’d “had no idea how to get customers” for FTX.

Word of mouth, it all just happened.

He knew absolutely nothing about marketing.

He liked the idea of branding with major league sports.

People remember arena names.

It cost a lot, but he did the calculations and saw only upside.

He’s only kind of into sports.

He was at the Super Bowl in Los Angeles in 2022.

Here’s a picture of him with celebrities.

Another happenstance.

They invited him into their box.

He had just been wandering around SoFi Stadium.

+++

By 2022, FTX was doing $10-$15 billion a day in crypto trades.

Bankman-Fried liked the idea of the company’s 2021 revenue being $1 billion.

One of his lieutenants told him it wasn’t quite that high.

He asked for a recalculation, and the lieutenant managed to justify the boss’s figure.

A nice “round number”, a billion.

Bankman-Fried and the others had decamped to the Bahamas by then.

“I had come to the belief that I could have an impact in the world.”

He’d hired consultants on politics, government, charitable giving.

He never did hire a chief risk officer.

FTX didn’t have a dedicated insurance fund.

Its automated risk engine was prone to SNAFU.

So many orders, so much data, so much strain on the computers.

Wonk-wonk.

Earlier there had been a scare.

What if the risk engine had erroneously liquidated Alameda’s account?

“It would have disastrous consequences”.

Do “something” about it, he told Gary and Nishad.

They allowed Alameda to go negative, with a virtually unlimited line of credit.

He didn’t know.

He was always interested in protecting customer accounts.

He was still involved in risk management at Alameda.

From late 2021 he was telling Caroline that Alameda had to get into hedging, going short as well as long, to handle risk.

How many times he told her …

If only she’d listened.

Crypto tanked in the spring and summer of 2022.

He was “very surprised” when he heard Alameda had a liability of more than $8 billion.

He thought the company would still be okay losing $8 billion.

Then he didn’t.

Then he said, “I think it might be time for Alameda to shut down.”

His friends said, No.

He didn’t close Alameda.

Damned friends.

The post What Jurors Learned at the SBF Trial on Friday appeared first on CounterPunch.org.


This content originally appeared on CounterPunch.org and was authored by JoAnn Wypijewski.

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Israel escalates bombing on the Gaza strip; former Donald Trump lawyer Jenna Ellis pleads guilty in Georgia election trial – Tuesday, October 24, 2023 https://www.radiofree.org/2023/10/24/israel-escalates-bombing-on-the-gaza-strip-former-donald-trump-lawyer-jenna-ellis-pleads-guilty-in-georgia-election-trial-tuesday-october-24-2023/ https://www.radiofree.org/2023/10/24/israel-escalates-bombing-on-the-gaza-strip-former-donald-trump-lawyer-jenna-ellis-pleads-guilty-in-georgia-election-trial-tuesday-october-24-2023/#respond Tue, 24 Oct 2023 18:00:00 +0000 http://www.radiofree.org/?guid=8d78b0dc27d2d7099fd756a9d82314cd Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

Michael Cohen leaves former President Donald Trump's civil business fraud trial at New York Supreme Court, Tuesday, Oct. 24, 2023, in New York. (AP Photo/Yuki Iwamura)

Michael Cohen leaves former President Donald Trump’s civil business fraud trial at New York Supreme Court, Tuesday, Oct. 24, 2023, in New York. (AP Photo/Yuki Iwamura)

The post Israel escalates bombing on the Gaza strip; former Donald Trump lawyer Jenna Ellis pleads guilty in Georgia election trial – Tuesday, October 24, 2023 appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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https://www.radiofree.org/2023/10/24/israel-escalates-bombing-on-the-gaza-strip-former-donald-trump-lawyer-jenna-ellis-pleads-guilty-in-georgia-election-trial-tuesday-october-24-2023/feed/ 0 436425
A Lab Test That Experts Liken to a Witch Trial Is Helping Send Women to Prison for Murder https://www.radiofree.org/2023/10/07/a-lab-test-that-experts-liken-to-a-witch-trial-is-helping-send-women-to-prison-for-murder/ https://www.radiofree.org/2023/10/07/a-lab-test-that-experts-liken-to-a-witch-trial-is-helping-send-women-to-prison-for-murder/#respond Sat, 07 Oct 2023 09:00:00 +0000 https://www.propublica.org/article/is-lung-float-test-reliable-stillbirth-medical-examiners-murder by Duaa Eldeib

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

Inside the medical examiner’s office, two pathologists removed a baby’s lungs from his chest, clamped them together and placed them in a container of water. Then they watched.

They were examining the suspicious death of the baby whose body was found in a Maryland home; his mother said he was stillborn.

If the lungs floated, the theory behind the test holds, the baby likely was born alive. If they sank, the baby likely was stillborn.

“A very simple premise,” the assistant medical examiner later testified.

The lungs floated — and the mother was charged with murder.

In investigations across the country, the lung float test has emerged as a barometer of sorts to help determine if a mother suffered the devastating loss of a stillbirth or if she murdered her baby who was born alive. The test has been used in at least 11 cases where women were charged criminally since 2013 and has helped put nine of them behind bars, a ProPublica review of court records and news reports found. Some of those women remain in prison. Some had their charges dropped and were released.

But the test is so deeply flawed that many medical examiners say it cannot be trusted. They put it in the same company as the discredited analysis of bite marks and bloodstain patterns, 911 calls and hair comparisons, all of which lack solid scientific foundations and have contributed to wrongful convictions.

It is pseudoscience masquerading as sound forensics, they say. Some even liken the test to witch trials, where courts decided if a woman was a witch based on whether she floated or sank.

“Basing something so enormous on a test that should not be used, that has been completely discredited, is absolutely wrong,” said Dr. Ranit Mishori, the senior medical adviser for the nonprofit Physicians for Human Rights, which has been studying the test, and a professor of family medicine at Georgetown University School of Medicine. “You can send a person who is innocent to prison for many years.”

Medical examiners who rely on the lung float test typically do so in cases where someone gives birth outside of a hospital, often at home and far from the watchful eyes of medical professionals. Absent those witnesses, doubt can overshadow the insistence that the baby was stillborn.

Since the Supreme Court struck down the constitutional right to abortion, legal experts and reproductive justice advocates have voiced fears that an increased reliance on the lung float test will lead to more prosecutions in a landscape where any pregnancy that doesn’t end with a living, breathing baby can be viewed with suspicion. In several cases, the fact that a woman had considered abortion was used against her. Black, brown and poor women, research shows, already disproportionately face pregnancy-related prosecutions. Black women also are more than two times as likely to have a stillbirth as white women.

Even medical examiners who perform the test as part of an autopsy acknowledge its shortcomings. They concede that there are several ways to perform it, undermining the standardization that many forensic disciplines demand. Yet judges have allowed prosecutors to use it as evidence in court.

“Basing something so enormous on a test that should not be used, that has been completely discredited, is absolutely wrong.”

—Dr. Ranit Mishori, senior medical adviser for Physicians for Human Rights

ProPublica contacted the nation’s largest medical examiners’ offices to ask if they use the lung float test and discovered a patchwork of practices. Many offices said they just don’t trust it. The County of Los Angeles Department of Medical Examiner called its results “inaccurate.” The Harris County Institute of Forensic Sciences in Houston said it found the test to be “very unreliable” and “not supported by empirical evidence.”

In Cook County, home to Chicago, pathologists use it, but give more weight to “more reliable methods” including X-rays, microscopic examinations and autopsy findings to determine whether a birth was live or still. Others, like the Virginia Office of the Chief Medical Examiner, said the test may be useful only if a baby was not born into a toilet, CPR was not performed and decomposition was not present. None of the 12 largest offices by jurisdiction expressed full-throated support for the test.

And while the national organization that represents medical examiners said that it doesn’t have an official stance on the lung float test, it said it “strongly advocates using scientifically validated and evidence-based practices in forensic pathology.” The National Association of Medical Examiners called the lung float test “a single, dated test” that has not been subjected to the organization’s rigorous evaluation process.

Dr. Gregory Davis, a forensic pathologist at the University of Kentucky College of Medicine and a consultant to the office of the medical examiner in Kentucky, called the test “an outrageous breach of science.” He said he has personally observed the lungs of stillborn babies float and those of live-born babies sink.

The fundamental problem with the test, he said, is that there are many ways that air can enter the lungs of a stillborn child.

“There’s no way,” Davis said, “you can determine live birth versus stillbirth with this test.”

Moira Akers, the Maryland woman whose baby died, didn’t intend to get pregnant. She and her husband, Ian, already had two young children and the couple worried they wouldn’t be able to handle another child.

They struggled financially — she was a stay-at-home mom and he worked only a few days a week as a first mate on a dinner cruise. Her previous pregnancies — both ending in cesarean sections — were difficult, and challenges with her youngest child demanded much of her attention.

Due to Akers’ age, 37, and weight, her pregnancy was considered high risk. The couple decided to terminate, but they didn’t tell her family, who are Catholic and who she worried may not have approved. When Akers was a little girl, her mother said, she dreamed of being a mother, and as an adult she doted on her children.

After her appointment with a gynecologist around 15 weeks into her pregnancy, court records show that Akers thought that it was too late for her to have an abortion in Maryland. She decided she would carry the baby to term without letting anyone know she was still pregnant and give it up at a firehouse.

“I wanted the baby to have a good life,” Akers later told police. “I just knew we weren’t going to be able to provide that.”

Moira Akers (Courtesy of Debra Saltz)

She didn’t gain much weight and she told her husband early on that the pregnancy had been terminated. She also didn’t divulge the fact that she was pregnant to other family members, who were going through their own hardships, court records and interviews show. Her sister was being treated for cancer and feared she’d never be able to have children of her own. Her brother was recovering from an accident that had left him temporarily using a wheelchair. And the family had recently buried her grandmother and aunt.

Akers declined comment through her attorney. But the description of the case is based on police and court records, including a trial transcript, as well as interviews with her family and her lawyer.

On Nov. 1, 2018, in the family’s three-bedroom duplex in suburban Baltimore, Akers had been having contractions when she felt a strong urge to use the bathroom. She delivered her son into the toilet. She said he was not breathing. She grabbed her older son’s Star Wars towel to wrap the baby in, then carried him into the bedroom to get scissors and cut the umbilical cord.

“I didn’t hear anything,” Akers later told a detective. The baby, she said, didn’t move.

She didn’t know what to do next. Akers scanned the room and spotted a large Ziploc bag meant to store her daughter’s clothes. She placed her baby in the blue bag, and she put the bag in the closet.

Akers was bleeding heavily from the delivery. Blood soaked the carpet and smeared the bathroom floor. It stained the bathtub, closet door and hallway.

Her husband came upstairs. Alarmed by all the blood, he called the paramedics. When they arrived, they asked Akers questions as she sat on the couch with her husband and two children. She denied being pregnant.

It wasn’t until later, after Akers arrived at the hospital, that she told a nurse that she had “delivered a stillborn child” at home, police records show.

The doctors, who came in next, saw a protruding umbilical cord still attached and asked if the baby was alive. Akers said she had delivered a stillborn baby and told them about the bag and the closet.

Police launched an investigation. Akers described being in denial about the pregnancy and sad about the baby’s death.

The two Maryland doctors conducted an autopsy. The baby, they wrote in their report, appeared to be “well-developed” and “well-nourished” and had been delivered after about 41-42 weeks of pregnancy. He had blue eyes and straight brown hair.

Neither the external exam of the baby nor his bloodwork nor an X-ray revealed signs of foul play. But the narrative from police described a woman who hid her pregnancy from her family and paramedics, considered an abortion and placed the baby’s body in a closet. A microscopic view of the lungs, which were soft and pink in some areas, also appeared to show that some parts had air in them and others did not.

They also had the results of the lung float test.

“A flotation test and microscopic examination of the lungs was consistent with a live birth,” the autopsy read. The baby, the medical examiners concluded, died of asphyxia and exposure from being left in the closet.

Prosecutors charged Akers with child abuse and murder.

The lung float test’s simplicity — essentially unchanged over centuries — is both a feature and a flaw.

Some medical examiners take out one lung at a time. Some cut the lungs up and test pieces, and may even go so far as to squeeze them. Others clamp them together or put the heart and lungs in a jar. Some drop in the liver as a control. Others submerge the lungs in liquid formaldehyde instead of water.

As the assistant medical examiner in Akers’ case testified, “there’s a million ways” to conduct the test.

In theory, the test is meant to determine whether air has reached the microscopic air sacs inside the lungs. If it has, the sacs open and spread out. If it hasn’t, the sacs remain collapsed.

“It is not always possible to reach a definitive conclusion, but that may be preferable to [a case] that is based on a problematic test.”

—Capt. Kyle Kennedy, Oregon State Police

But the problem with using aeration as a proxy for proof of life, many medical experts argue, is that babies don’t have to take a breath for air to enter their lungs. Air can be introduced when the baby’s chest is compressed as it squeezes through the birth canal. If there is an attempt to resuscitate a stillborn baby, that pressure can inflate the lungs. And if a body has started to decompose, gases from that process can cause the lungs to float in water. Even the ordinary handling of a stillborn baby can allow air to enter the lungs.

Doctors have long struggled with the best way to determine whether a baby was born alive in unattended births. Many experts agree that it’s nearly impossible without incontrovertible evidence such as milk in the baby’s stomach or signs of the umbilical cord stump beginning to heal where it was cut.

The uncertainty can be difficult for juries to accept, especially when prosecutors present what appears to be a scientific test that proves a baby was born alive and, as a result, was murdered.

“It is not always possible to reach a definitive conclusion, but that may be preferable to one that is based on a problematic test,” said Capt. Kyle Kennedy of the Oregon State Police department, of which the Oregon State Medical Examiner is a part.

The Oregon State Medical Examiner, he said, does not use the lung float test.

The test can produce correct results, said Dr. Christopher Milroy, a forensic pathologist with the Eastern Ontario Regional Forensic Pathology Unit and a professor at the University of Ottawa in Canada. But given that it also produces inaccurate results, he said it should not be used in criminal cases.

“It’s not like some of the things we do,” he said, “where we are going, ‘Well, did they die of diabetes or did they die of something else natural?’”

Milroy has studied the test and its history and has found references to its use in the 17th century, when witch trials were still occurring. But by the late 1700s, its reliability was questioned by doctors and lawyers. More than 200 years later, in 2016, the authors of a forensic medicine textbook wrote that there were too many recorded instances of stillborn lungs floating and live-born lungs sinking for the test to be used in a criminal trial.

No agency currently tracks how often the lung float test is used in criminal cases. But the 11 cases ProPublica identified are likely an undercount because some cases weren’t covered in news reports, and plea deals and acquittals often create less of a public record.

Still, the test has been cited in medical textbooks and is often included in forensic pathology training. Its defenders say that there aren’t any better alternatives, and they may be criticized for not doing their job if they don’t use it. Some also say they don’t rely solely on the test; they acknowledge its weaknesses but say it complements other exams. In addition, some people do, in fact, kill their babies.

Prosecutors have often turned to a 2013 academic study from Germany to support admitting the lung float test as evidence. “The study proves that for contemporary medicine, the lung floating test is still a reliable indicator of a newborn’s breathing,” the authors wrote.

But some experts have questioned that study, saying its results have not been reproduced, its 98% accuracy rate is misleading and it didn’t actually answer whether a baby was born alive because the births in the study had been attended by medical professionals, so there was never any real question about what happened.

The hospital affiliated with the study’s authors declined to comment.

The dearth of research around the test raises critical questions about whether it should be allowed as evidence, said Marvin Schechter, a New York criminal defense lawyer who served on the committee that wrote a groundbreaking National Academy of Sciences report in 2009 on strengthening forensic science in the United States. Schechter said the lung float test wasn’t included because the commission reviewed only the most frequently cited forensic tests.

His concerns with the test mirror many of the ones flagged in the report. For example, he said, the lack of standardization is evident in the fact that some medical examiners squeeze the lungs as part of the test.

“What is that? Your squeeze is different than my squeeze,” he said. “That’s not science.”

Schechter called for a national conference to evaluate the test and its admissibility in court.

“If you apply the rules and regulations that follow science to the lung float test, how does it pass muster?” Schechter said. “The research doesn’t exist, and if the research doesn’t exist, then you shouldn’t be doing it.”

Every so often, after the lung float test has been used to help put a woman behind bars, the questions around it set her free.

In 2006, Bridget Lee had hid her pregnancy after having an affair. She didn’t want anyone in the small Alabama community where she played piano at her church to know.

Bridget Lee at her home in Carrollton, Alabama, in 2009 (Jay Reeves/AP)

When she went into labor at home, she said her son was stillborn. She placed his body in a plastic container and put it in her SUV, where it sat for days.

The medical examiner used the lung float test and concluded that Lee’s son had been born alive. Lee was charged with murder, which in Alabama carried the possibility of the death penalty.

Lee’s lawyer called on Davis to review the autopsy report, which was the first time he saw the lung float test being used to support criminal charges against a mother. He concluded that the autopsy was filled with errors. It missed an infection in the umbilical cord and erroneously described decomposition as signs of injury.

Davis’ review led to the Alabama Department of Forensic Sciences to examine the case, and the agency ruled that not only had the medical examiner botched the autopsy, but the baby was stillborn. Neither the medical examiner nor the prosecutors responded to requests for comment.

Lee spent nine months in jail before prosecutors dropped the charges against her.

She later told reporters that she knows it’s hard for people to understand how she could put her baby’s body in a container and leave it in her car. But, she said, the best way to describe it was like having “an out-of-body experience.”

While individual reactions are hard to comprehend, mental health specialists say the shock and pain of delivering a stillborn baby at home can be so traumatic that people may detach or disassociate from reality, said Dr. Miriam Schultz, an associate clinical professor of psychiatry who specializes in reproductive psychiatry at Stanford Medicine Children’s Health.

“Sometimes a survival instinct will kick in to try to normalize what’s an absolutely incomprehensibly shocking and devastating reality,” Schultz said. “One could imagine possibly trying to make evidence of what just happened less visible and wanting to completely compartmentalize this traumatic event that just has occurred.”

Late one April night in 2017, Latice Fisher said she felt the urge to defecate. About three hours later, she delivered her son into the toilet at her home.

The medical examiner in Fisher’s case performed the lung float test, which revealed that parts of the lungs floated and parts didn’t. He ruled that the baby was born alive and died from asphyxiation. Police also found that Fisher had searched for abortion pills on her phone.

Yveka Pierre, senior litigation counsel with the reproductive justice nonprofit If/When/How, said the people who are prosecuted for their pregnancy outcomes are typically from marginalized communities. They’re Black, like Fisher; or they’re brown, like Purvi Patel, an Indiana woman who was sent to prison for feticide after self-inducing an abortion, a charge that was later vacated; or they face financial hurdles, like Akers.

“Some losses are tragedies, depending on your identity, and some losses are crimes, depending on your identity.” Pierre said. “That is not how we say the law should work.”

Pierre, who also worked on Akers’ case, said Fisher and her husband did what prosecutors say to do by calling 911, but Fisher was still arrested. Once the medical examiner’s investigation starts, she said, the office typically works in tandem with the police.

A grand jury indicted Fisher on second-degree murder charges in January 2018. But a few months later, a local group raised money to get her released on bond. The group also contacted a national nonprofit, now known as Pregnancy Justice, which helped connect Fisher with longtime criminal defense attorney Dan Arshack. He began researching the lung float test and came to an unmistakable conclusion.

“It should be permitted to the same extent that dunking a woman in water is permitted to determine if she’s a witch,” he said in an interview.

“Some losses are tragedies, depending on your identity, and some losses are crimes, depending on your identity. That is not how we say the law should work.”

—Yveka Pierre, senior litigation counsel with If/When/How

Arshack asked Davis to review the autopsy, which he found troubling. Arshack also asked Aziza Ahmed, then a professor at Northeastern University School of Law, to focus specifically on the forensics of the lung float test.

By not requiring rigorous testing or proof of its accuracy, Ahmed wrote, the “courts themselves have played a key role in sustaining the inaccurate belief” that the test could reliably determine whether a child was born alive.

Arshack wrote letters to District Attorney Scott Colom explaining Davis and Ahmed’s findings, saying there was no “reasonable legal or scientific basis” to conclude that a crime occurred. He also explained that it wasn’t “good public policy to prosecute women for bad pregnancy outcomes, especially Black women in Mississippi,” who suffer higher rates of maternal mortality and stillbirth.

In May 2019, Colom announced that he had learned of concerns surrounding the reliability of the lung float test. Once the question of whether the child was born alive was scientifically in dispute, he said, he dismissed the charges against Fisher and sent the case to another grand jury armed with the details about the test.

“When you’re talking about a murder charge for a mother,” Colom said in an interview, “I felt that was crucial information because I certainly didn’t want to be prosecuting somebody for a stillborn death that could not be her fault.”

This time, the grand jury chose not to indict Fisher.

As Akers’ case made its way through court, Davis was asked to review the autopsy. He noted that Akers had classic risk factors for stillbirth: hypertension during pregnancy, obesity, advanced maternal age and previous pregnancies. She also was past her due date and reported not feeling the baby kick in the days leading up to the birth.

Dr. Gregory Davis at University of Kentucky College of Medicine (Natosha Via for ProPublica)

Davis agreed with the medical examiner, Dr. Nikki Mourtzinos, and the associate pathologist who conducted parts of the autopsy, that there were infections in the pancreas, placenta — the vital organ that provides the fetus with nutrients and oxygen — and the umbilical cord, which serves as the baby’s lifeline in the womb.

But what he found “perplexing,” he wrote, is that they did “not seem to take these critical findings into account regarding such findings being associated with stillbirth.” When it was his time to take the witness stand at trial, he said the infections in the placenta, umbilical cord and membranes were “a smoking gun association” with stillbirth.

An OB-GYN also testified that he believed Akers suffered from a placental abruption — a complication where the placenta separates from the wall of the uterus — which also can lead to a stillbirth and cause heavy bleeding.

Prosecutors said the case hinged on whether the baby was born alive. Among the evidence they pointed to were the results of the lung float test, the pinkish appearance of the lungs and lack of decomposition, malformation of the baby’s head or slippage of the skin.

“These lungs floated,” the prosecutor said during closing. “They floated because this child had breathed and was alive after he was delivered at home that day.”

The prosecution homed in on the fact that Akers had wanted an abortion, which was underscored by her cellphone search history. They said she never intended to have her baby live and breathe. When she didn’t get an abortion, they said, she chose to give birth at home and kill her son. They pointed out that she hadn’t received prenatal care and that she didn’t attempt to resuscitate the baby.

Akers told police she thought it was too late.

During closing arguments, prosecutors displayed an oversized photo of the baby on the screen and repeated that Akers put his body in a bag, using the word “bag” 26 times.

In April 2022, the jury found Akers guilty of second-degree murder and first-degree child abuse.

In response to questions from ProPublica, the state’s attorney declined to comment. Mourtzinos, the assistant medical examiner who testified in Akers’ case, did not respond to requests for comment. She’s no longer with the Maryland medical examiner’s office. The agency’s interim chief medical examiner said the office is accredited by the National Association of Medical Examiners and follows the organization’s autopsy performance standards. Any and all ancillary tests, she said, “are done on a case by case basis, at the discretion of the attending medical examiner” and interpreted in the context of the entire case.

When the verdict was read, Akers collapsed in her chair, dropped her head to the table and sobbed. Her family, who was seated behind her, filled the courtroom with their own cries.

Last summer, as much of the country awaited the aftermath of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, which eliminated a constitutional right to abortion, the New York-based nonprofit Pregnancy Justice released a guide for medical, legal and child welfare professionals on confronting pregnancy criminalization.

The organization advised defense attorneys and medical examiners to challenge the lung float test. In many cases, the authors wrote, criminal charges are based on “the erroneous assumption that a woman engaged in acts or omissions that harmed the fetus.”

The backdrop to the lung float test is the deeper issue of criminalizing pregnancy loss. That was already on the rise before the Dobbs decision, with data from Pregnancy Justice showing that nearly 1,400 pregnant women were arrested, prosecuted or sentenced between 2006 and the 2022 Dobbs decision, more than three times the total for the previous 33 years. Many of the charges were connected to drug use while pregnant.

Society often wants to hold someone responsible, said Dana Sussman, deputy executive director of Pregnancy Justice. Mothers are usually the easiest to blame.

One of the first things Pregnancy Justice lawyers now ask in a pregnancy loss case is whether the prosecutor is attempting to use the lung float test.

“It’s almost like an intake question,” Sussman said. “We will fight every attempt that we learn of to use that test because that is a life sentence based on unreliable information and unreliable science.”

The lack of understanding, research and education around stillbirth also contributes to the urge to assign blame. Every year in the U.S., more than 20,000 pregnancies end in stillbirth, defined as the death of an expected child at 20 weeks or more. But the public is often shocked to hear that number or learn that only a fraction of stillbirths are attributed to congenital abnormalities. Some babies died just minutes before they were born and were placed in their parents’ arms while they were warm to the touch and their cheeks were still rosy.

Davis, an affable man with a snow-white beard, has started to spread the word about the lung float test. At a post-Dobbs legal seminar in Tennessee over the summer, he told a room of lawyers about the test, one that many of them had not heard of but may soon encounter.

A lawyer sitting in the back told the crowd that the lung float test seemed to have the same validity as bite mark analysis, which for decades was accepted as evidence and now is considered junk science.

“What do you do when they say this test has been accepted in the past?” she asked.

Davis pointed her to a letter where he gathered signatures from more than two dozen forensic pathologists and medical examiners from around the world who declared that the lung float test is not a scientifically reliable test or indicator of live birth and “is not generally accepted within the forensic pathology community.”

He had submitted the letter in Akers’ case.

In July of last year, three months after the Akers verdict, prosecutors asked the judge to sentence her to 40 years. They said it was the “the most heinous of crimes that can be committed” and it was carried out by a woman who hid her pregnancy and took her baby’s life in a “detached and calculated manner.”

Akers’ family came to her defense. Her husband said that in their nearly 20 years together, Akers’ “devotion to her family defies description.” One of his greatest joys in life, he said, was seeing the way their kids light up anytime she enters a room.

Her lawyer, Debra Saltz, said Akers made “lapses in judgment” by not telling anyone she was pregnant, having the baby alone and then putting his body in the closet. But, she said, “There is in this life no way anybody will get me to believe that Moira Akers killed her baby. I believe Moira, and I believe the science, that this baby was stillborn.”

Before the judge imposed his sentence, Akers addressed him.

“My children are my entire world,” she said, “and I fell in love with my son as soon as I saw him.”

The judge, who acknowledged what an “extraordinarily difficult case” it was, said the charges against Akers were “particularly egregious because they were perpetrated against an innocent, helpless, newborn child.”

He sentenced her to 30 years in prison.

Akers’ appeal, now pending, focuses on the shortcomings of the lung float test.

As she waits for a ruling, she stays connected to her family from prison. Her mom, Mary Linehan, said most of their conversations revolve around the ordinary details of her children’s lives, their first day of school and their favorite new toys.

Akers’ mom, who retired from her job as an accountant at a Catholic church and school, helps watch her grandchildren. When they ask about their mom, she said, their dad tells them that she “got blamed for something she didn’t do, and we’re fighting to get her out.”

Mariam Elba contributed research.


This content originally appeared on Articles and Investigations - ProPublica and was authored by by Duaa Eldeib.

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As Fraud Trial Gets Underway, Trump Tries to Provoke Judge to Jail Him: David Cay Johnston https://www.radiofree.org/2023/10/06/as-fraud-trial-gets-underway-trump-tries-to-provoke-judge-to-jail-him-david-cay-johnston-2/ https://www.radiofree.org/2023/10/06/as-fraud-trial-gets-underway-trump-tries-to-provoke-judge-to-jail-him-david-cay-johnston-2/#respond Fri, 06 Oct 2023 15:14:12 +0000 http://www.radiofree.org/?guid=3980ce77e3fd5311daf98b6923221a24
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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As Fraud Trial Gets Underway, Trump Tries to Provoke Judge to Jail Him: David Cay Johnston https://www.radiofree.org/2023/10/06/as-fraud-trial-gets-underway-trump-tries-to-provoke-judge-to-jail-him-david-cay-johnston/ https://www.radiofree.org/2023/10/06/as-fraud-trial-gets-underway-trump-tries-to-provoke-judge-to-jail-him-david-cay-johnston/#respond Fri, 06 Oct 2023 12:19:08 +0000 http://www.radiofree.org/?guid=0f4172ea8983bbb2b2efae8f3e0d1146 Seg2 johnston trump trial split 2

We get an update on Donald Trump’s civil fraud trial with Pulitzer Prize-winning investigative reporter David Cay Johnston. New York Attorney General Letitia James is seeking to fine Trump $250 million and is asking for a permanent ban on Trump family members running a business in New York. The outcome of the trial could put the future of the Trump Organization in jeopardy. Trump himself has already been barred from posting or speaking publicly about the trial after his public comments about James, which she described as “race-baiting,” and about Judge Arthur Engoron. Johnston, the author of three books on Trump, including The Big Cheat: How Donald Trump Fleeced America and Enriched Himself and His Family, says that though this trial doesn’t carry with it the potential for incarceration that his criminal trials do, it is just as threatening to the Trump empire because “Donald Trump is his money.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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The Trial of Subhas Nair: Race, Class, and Ideology in Singapore https://www.radiofree.org/2023/09/29/the-trial-of-subhas-nair-race-class-and-ideology-in-singapore/ https://www.radiofree.org/2023/09/29/the-trial-of-subhas-nair-race-class-and-ideology-in-singapore/#respond Fri, 29 Sep 2023 05:58:28 +0000 https://www.counterpunch.org/?p=295766 On Tuesday, July 18, 2023, Subhas Govin Prabhakar Nair, the Indian Singaporean rapper more commonly known as Subhas, was found guilty on four counts of “promoting enmity between different groups on grounds of race and doing acts prejudicial to maintenance of harmony” under section 298A(a) of the Penal Code 1871. On September 5, 2023, Subhas More

The post The Trial of Subhas Nair: Race, Class, and Ideology in Singapore appeared first on CounterPunch.org.


This content originally appeared on CounterPunch.org and was authored by Adi Saleem.

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Former Papuan governor Enembe’s corruption trial ends – verdict soon https://www.radiofree.org/2023/09/28/former-papuan-governor-enembes-corruption-trial-ends-verdict-soon/ https://www.radiofree.org/2023/09/28/former-papuan-governor-enembes-corruption-trial-ends-verdict-soon/#respond Thu, 28 Sep 2023 10:51:59 +0000 https://asiapacificreport.nz/?p=93765 SPECIAL REPORT: By Yamin Kogoya

Former Papuan Governor Lukas Enembe has presented his case for the defence, denying the corruption and bribery charges against him, with the end of the controversial and lengthy trial at the Tipikor Court of Jakarta Central District Court this week. The verdict is due on October 9.

During the hearing, Enembe and his legal team argued there was no evidence to support the allegations made by the Anti-Corruption Commission (KPK) prosecutor.

The two-term Papuan governor and his legal team firmly stated that the KPK prosecutors had no evidence in the indictment against him.

In a statement presented by his lawyer, Petrus Bala Pattyona, Enembe strongly denied the allegations of receiving bribes and gratuities from businessmen Rijatono Lakka and Piton Enumbi.

Enembe emphasised that the accusations made against him were “baseless and lacked substantial evidence”.

Enembe maintains innocence
He stated that his case was straightforward, as he was being accused of accepting a staggering amount of 1 billion rupiahs (NZ$100,000) from Rijatono Lakka, along with a hotel valued at 25.9 billion rupiahs (NZ$2,815,000) and a number of physical developments and money amounting to Rp 10,413,929,500.00 or 10.4 billion rupiahs (NZ$1,131,000) from Piton Enumbi, lawyer Pattyona said during the reading, reports Kompas.com.

Enembe maintained his innocence throughout the proceedings and asserted that he had never received any form of illicit payments or favours from either businessman.

The simplicity of Lukas’ case, as stated by his lawyer, Petrus Bala Pattyona, lay in the clarity of the accusations made against his client.

Enembe and his legal team emphasised that none of the testimony of the 17 witnesses called during the trial could provide evidence of their involvement in bribery or gratuities in connection with Lukas Enembe, reports National.okenews.com.

“During the trial, it was proven very clearly that no witness could explain that I received bribes or gratuities from Rijatono Lakka and Piton Enumbi,” Enembe said through his lawyer Pattyona during the hearing, reports Kompas.com.

“I ask that the jury of pure hearts and minds, who have tried my case, may decide on the basis of the truth that I am innocent and therefore acquit me of all charges,” Enembe said.

In addition to asking for his release, Enembe also asked the judge to unfreeze the accounts of his wife and son that were frozen by the authorities when this legal saga began last year.

He claimed his wife (Yulce Wenda) and son (Astract Bona Timoramo Enembe) needed access to their funds to cover daily expenses.

Ex-Governor Enembe also discussed gold confiscated by the KPK, calling on judges to allow its return.

Enembe asked that no party criminalise him anymore. He insisted he had never laundered money or owned a private jet, as KPK had claimed.

Enembe’s lawyer also requested that his client’s honour be restored to prevent further false accusations from emerging.

KPK prosecutor’s demands
However, the public prosecutors of the KPK considered Lukas Enembe legally and conclusively guilty of corruption in the form of accepting bribes and gratuities when he served as Governor of Papua from 2013 to 2023.

The prosecutors alleged that there was evidence that Lukas Enembe had violated Article 12 letter A and Article 12B of the Law of the Republic of Indonesia No. 31 of 1999 concerning the Eradication of Corruption Criminal Acts and Article 55 paragraph. (1) of I of the Criminal Code jo Article 65, clause (1), of the Criminal Code, reports Beritasatu.com.

In addition to corporal crime, the two-term governor of Papua was fined Rp 1 billion. He was also ordered to pay Rp 47,833,485,350 or 47.9 billion rupiah (NZD$5,199,000) in cash, accusing him of accepting bribes totalling Rp 45.8 billion and gratitude worth 1 billion, reports Kompas.com.

A verdict date is set
The Jakarta Criminal Corruption Court panel of judges is scheduled to read the verdict in the case against Enembe on 9 October 2023.

“We have scheduled Monday, October 9, 2023, for the reading of the verdict against the defendant Lukas Enembe,” said presiding judge Rianto Adam Pontoh yesterday at the Central Jakarta District Court after undergoing a hearing of the readings, reports CNN.com.

The date marks an important milestone in the trial as it will bring clarity to the charges against Enembe. The outcome of the judgement will have a profound impact on Enembe’s future and the public perception of his integrity and leadership, and most importantly, his deteriorating health.

Former Governor’s health
Previously, the KPK prosecutor had requested a sentence of 10 years and six months in prison.

Enembe’s senior lawyer, Professor OC Kaligis, argued that imprisonment of Enembe for more than a decade would be tantamount to the death penalty due to the worsening of his illness, calling it “brutal demands” of the KPK prosecutors.

“The defendant’s health condition when examined by doctors at Gatot Soebroto Army Central Hospital (RSPAD) showed an increasingly severe illness status. So we, legal counsel, after paying attention to the KPK Public Prosecutor’s concern for the defendant’s illness, from the level of investigation to investigation, concluded that the KPK Public Prosecutor ignored the defendant’s human rights for maximum treatment.

“With such demands, the KPK Public Prosecutor expects the death of Lukas Enembe in prison,” said Professor Kaligis, reports mambruks.com.

Lukas Enembe’s life
Former Governor Lukas Enembe was born on 27 July 1967 in Mamit village, Kembu Tolikara, Papua’s highlands. He graduated from Sam Ratulangi University, Manado, in 1995, majoring in socio-political science.

After returning to West Papua, he began his public service career in the civil service of Merauke district.

Enembe studied at Christian Cornerstone College in Australia from 1998 to 2001. In 2001, he returned to West Papua and ran for the regency election, becoming the deputy regent of Puncak Jaya.

In 2007, he was elected as the regent of Puncak Jaya.

Enembe served as the Governor of Papua from 2013 to 2018 and was re-elected for a second term from 2018 to 2023.

His tenure focused on infrastructure development and cultural unity in West Papua, leading to landmark constructions such as a world-class stadium and a massive bridge.

He also introduced a scholarship scheme, empowering hundreds of Papuan students to pursue education both locally and abroad — such as in New Zealand which he visited in 2019.

Enembe’s achievement as the first Highlander from West Papua to become governor is a groundbreaking milestone that challenged long-held cultural taboos.

His success serves as an inspiration and symbolises the potential for change and unity in the region.

His ability to break cultural barriers has significantly impacted the development of West Papua and the collective mindset of its people, turning what was once regarded as impossible into possibilities through his courage and bravery.

The fact that he is still holding on despite serious health complications that he has endured for a long time under Indonesian state pressure is widely regarded as a “miracle”.

One could argue that West Papua’s predicament as a whole is mirrored in Enembe’s story of struggle, perseverance, pain, suffering, and a will to live despite all odds.

Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.

Papuan students in Aotearoa New Zealand pictured with Papua provincial Governor Lukas Enembe
Flashback: Papua Provincial Governor Lukas Enembe (rear centre in purple batik shirt) with some of the West Papuan students in Aotearoa New Zealand during his visit to the country in 2019. Image: APR


This content originally appeared on Asia Pacific Report and was authored by APR editor.

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Yet another enforced disappearance and yet another secret trial in Xinjiang, China https://www.radiofree.org/2023/09/27/yet-another-enforced-disappearance-and-yet-another-secret-trial-in-xinjiang-china/ https://www.radiofree.org/2023/09/27/yet-another-enforced-disappearance-and-yet-another-secret-trial-in-xinjiang-china/#respond Wed, 27 Sep 2023 10:22:40 +0000 http://www.radiofree.org/?guid=2edd84a1c56588b8afcfdd4bc14c8ebc
This content originally appeared on Human Rights Watch and was authored by Human Rights Watch.

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Putin On Trial: The Play ‘The Hague’ Opens At Bulgaria’s National Theater https://www.radiofree.org/2023/09/26/putin-on-trial-the-play-the-hague-opens-at-bulgarias-national-theater/ https://www.radiofree.org/2023/09/26/putin-on-trial-the-play-the-hague-opens-at-bulgarias-national-theater/#respond Tue, 26 Sep 2023 15:04:04 +0000 http://www.radiofree.org/?guid=39d1f6655b21945412c5ef0f03437db0
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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Feminist journalist Sophia Huang stands trial for subversion https://www.rfa.org/english/news/china/china-feminist-trial-09222023161603.html https://www.rfa.org/english/news/china/china-feminist-trial-09222023161603.html#respond Fri, 22 Sep 2023 20:17:47 +0000 https://www.rfa.org/english/news/china/china-feminist-trial-09222023161603.html Feminist journalist Sophia Huang and labor activist Wang Jianbing stood trial in the southern Chinese city of Guangzhou on Friday for "incitement to subvert state power" as dozens of rights groups called for their release.

Huang and Wang were detained on Sept. 19, 2021, and later charged with "incitement to subvert state power," a charge frequently used to target peaceful critics of the ruling Chinese Communist Party.

Huang had planned to leave China via Hong Kong the following day – Sept. 20, 2021 – for the United Kingdom, where she planned to embark on a master's degree in development with a prestigious Chevening Scholarship. Wang, who is a labor and healthcare rights activist, had planned to see her off on her journey.

"Today (Sept. 22) at 9:30 am, feminist activist #HuangXueqin & labor activist #WangJianbing will appear on trial after two years' arbitrary detention," the Free Xueqin and Jianbing group said on its Facebook page.

"The road around & to the courthouse have been CLOSED since last night, & no one was allowed to approach or gather this region," the post said, attaching images of traffic barriers across a deserted, night-time street bearing the logo of the Guangzhou traffic police and "Baiyun Security."

Large numbers of police were also patrolling the area during the closed-doors trial, which comes amid allegations of torture and mistreatment of Huang by authorities in the Guangzhou No. 1 Detention Center.

Sleep deprivation

A close friend of Huang’s who gave only the nickname Wanxia said she had been subject to torture in the form of sleep deprivation.

Another of Huang's friends who gave only the nickname Mark for fear of reprisals said Huang hasn't done anything wrong. "I firmly believe that my friend is innocent and hope that the trial will set a limit to the time she spends behind bars," he said.

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Sophia Huang had planned to leave China on Sept. 20, 2021, for the United Kingdom, where she planned to start a master's degree in development. Credit: Sophia Huang file photo

He said neither Huang nor Wang had been allowed to meet with their attorneys for the first year of their detention.

"Very little was known about their situation," Mark said. "It should be the right of every citizen to see their lawyer, but even that right was taken away."

"We are very worried [about them] ... although it's a relief that they have finally gotten to the trial stage after two years' detention," he said.

#MeToo movement

Before being targeted by the authorities in 2019, Huang had been an outspoken member of the country's #MeToo movement, and had carried out a survey of sexual harassment and assault cases among Chinese women working in journalism.

Huang was present at a million-strong protest in Hong Kong on June 9, 2019, against plans to allow extradition to mainland China, and was detained for "picking quarrels and stirring up trouble" in October 2019, before being released on bail in January 2020, a status that often involves ongoing surveillance and restrictions on a person's activities.

Huang had previously assisted in the investigation and reporting of a number of high-profile sexual harassment allegations against professors at Peking University, Wuhan University of Technology, Henan University and Sun Yat-sen University in Guangzhou.

Another friend of the defendants who gave the nickname Sui Feng said he doesn't expect a good outcome from the trial.

"A lot of so-called criminal evidence is illegally fabricated through intimidation and threats, or through false confessions," Sui Feng said. "They should make it clear how they obtained any incriminating evidence, so the public can review it."

"In the absence of such arrangements, including allowing the families to attend the trial, there will be no justice done at all at this trial," they said.

The case against Huang and Wang is believed to be related to their attendance at weekly gatherings with fellow activists, hosted by Wang Jianbing, the statement said.

The Chinese authorities systematically use national security charges with extremely vague provisions, such as “subverting state power” and “inciting subversion of state power,” to prosecute lawyers, scholars, journalists, activists and NGO workers, it added.  

The UN Working Group on Arbitrary Detention determined in 2022 that Wang Jianbing is being arbitrarily detained and has repeatedly called on China to repeal the crime of “inciting subversion” or bring it into line with international standards.

‘Courageous wave of younger activists’

Dozens of rights groups including Amnesty International, Safeguard Defenders and China Human Rights Defenders signed a statement calling for Huang and Wang's "immediate and unconditional" release.

Since Huang and Wang's arrest, both activists have been prevented from seeing family members, the statement from 32 rights groups said.

"Sophia Huang is believed to have been subjected to ill-treatment in detention, leading to the dramatic deterioration of her health," it added.

The statement said the pair could face jail terms of up to five years, or longer if they are considered "ringleaders."

“Sophia Huang Xueqin and Wang Jianbing represent the courageous wave of younger Chinese activists who have connected with the public concerned about social issues," Amnesty International deputy regional director for China Sarah Brooks said. 

"They have been targeted for their peaceful activism on women’s and labor rights by a government that fears organized dissent,” she said, adding: “these baseless charges are motivated purely by the Chinese authorities’ relentless determination to crush critical voices."

Translated by Luisetta Mudie. Edited by Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By Chen Zifei for RFA Mandarin.

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Judge sets trial date for New Yorker accused of spying https://www.rfa.org/english/news/china/chinese-spy-trial-date-set-09212023130918.html https://www.rfa.org/english/news/china/chinese-spy-trial-date-set-09212023130918.html#respond Thu, 21 Sep 2023 17:49:00 +0000 https://www.rfa.org/english/news/china/chinese-spy-trial-date-set-09212023130918.html A federal judge on Thursday set a date for the trial of July 15, 2024, in the prosecution of Wang Shujun, 76, of Queens, New York, an historian and a former Columbia University scholar.

Wang, a naturalized U.S. citizen, has been accused of secretly working for officials from a Chinese security ministry, providing them with information about pro-democracy activists in the United States and abroad.

The announcement by Chief Judge Margo Brodie to convene the trial in July was welcomed by prosecutors. 

Wang appeared in the federal courtroom in Brooklyn, Eastern District of New York, dressed in a dark jacket and a red, white and blue tie. Early in the proceedings, he made a deep bow before the judge as a sign of respect. He was assisted during the hearing by a Mandarin-speaking court interpreter. 

For years, Wang had worked as a volunteer for the Hu Yaobang and Zhao Ziyang Memorial Foundation, a pro-democracy organization located in Queens. The organization is named after Communist Party leaders who had pushed for liberalization; Hu’s death led to protests in April 1989, and then the Tiananmen Square massacre.

Here in the United States, prosecutors said, Wang spent years secretly providing information about colleagues to his handlers, officials who worked for China’s Ministry of State Security (MSS).

Wang told his Chinese government handlers about individuals he knows and whom the Chinese government officials consider to be a threat to Beijing, such as activists working toward Taiwanese independence, according to the prosecutors.

In one instance, according to the prosecutors, Wang provided information about a pro-democracy activist rights lawyer in Hong Kong who was later arrested.

Wang has been charged with making false statements to law enforcement officials and acting as an unregistered agent of the Chinese government.

He was arrested at his apartment in Flushing, Queens, in March 2022, and he is currently on a $300,000 bond.

Speaking in the courtroom on Thursday, Kevin Tung, a lawyer for Wang, gave a sense of how he would argue on behalf of his client. Tung said that his client would take the stand and that an expert on the pro-democracy movement would also testify. 

Wang has maintained his innocence, stating in an affidavit that his years-long involvement with the pro-democracy movement and his public statements calling for reforms in the Chinese government show he was not secretly working for the Chinese government. 

A spokesperson for the Chinese Embassy in Washington did not respond to an RFA request for comment on the case. 

U.S. prosecutors say the case sheds light on the Chinese government's campaign to sway political views and silence dissent well beyond China's borders. They say the efforts have significantly ramped up in recent months. This spring, two individuals were arrested for allegedly running a Chinese overseas police station in lower Manhattan that served as an outpost to harass dissidents.

Edited by Abby Seiff and Jim Snyder. 


This content originally appeared on Radio Free Asia and was authored by By Tara McKelvey for RFA Investigative.

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Indonesia’s first high-speed train wows passengers on trial run https://www.rfa.org/english/news/china/indonesia-high-speed-train-09192023165452.html https://www.rfa.org/english/news/china/indonesia-high-speed-train-09192023165452.html#respond Tue, 19 Sep 2023 20:58:58 +0000 https://www.rfa.org/english/news/china/indonesia-high-speed-train-09192023165452.html Cepu Supriyanto used to dread the hours-long journey in traffic from Indonesia’s capital Jakarta to Bandung, a popular destination for domestic tourists.

That changed on Saturday, when he got a chance to ride Indonesia’s first high-speed train, built and funded by China, on its trial run. 

“I had a lot of fun and felt very comfortable on the train,” said Cepu, an avid cyclist who was still in his cycling gear. 

“I can now travel with my cycling friends from Jakarta to Bandung in the morning, do some cycling there, and return in the afternoon. It saves a lot of time and is very efficient,” he told BenarNews.

The Jakarta-Bandung high-speed train, a joint project between Indonesia and China, will start commercial operations on Oct. 1 after several delays and cost overruns since construction began in 2016. 

Beijing has touted the high-speed railway as a symbol of the close ties between the two nations and the project underlines China’s growing footprint in Southeast Asia. 

Saturday’s ride was part of the public testing phase of the project, which will last until Sept. 30. During the testing phase, the service will operate four trips a day, with a capacity of 600 passengers per trip.  

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A rail service employee greets passengers boarding the high-speed train at Halim Station, Jakarta, Sept. 15, 2023. [Eko Siswono Toyudho/BenarNews]

The ride was smooth and comfortable, with few bumps or vibrations.

Passengers cheered as the train reached the speed of 350 kilometers (218 miles) per hour during the 142-kilometer (88-mile) journey. There are four stations: Halim, Karawang, Padalarang and Tegalluar.

Travelers on board were also treated to a scenic view of the countryside, as the train passed through rice fields, hills, and tunnels.

It took only 30 minutes to travel from Halim station in Jakarta to Padalarang in West Bandung, compared with about three hours by car when traffic is smooth.

The train, which was fully booked for the test ride, is equipped with facilities such as power outlets, LCD screens, and spacious seats. The stations are new, with sleek designs and spacious lobbies, though some parts were unfinished.

“We feel very comfortable on the train. We can see how fast it is going,” said Muhammad Risman, a 48-year-old private employee from Jakarta who was taking the test ride with his wife.

“The seats are nice and spacious. The screens are also easy to see and show us what the route looks like.”

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The smooth and comfortable ride allowed people to work on their laptops while using the service, Sept. 15, 2023. [Eko Siswono Toyudho/BenarNews]

He also said that he did not mind paying the proposed fare of 250,000 rupiah ($16.3) to 300,000 rupiah ($19.5) for such a fast and convenient trip.

However, he also pointed out some challenges in reaching Bandung city from the last two stations.

“It would be even better if there was a connecting train to take us to the city center, or if they gave us some guidance on how to get there,” he said.

PT Kereta Cepat Indonesia China (KCIC), the consortium that built the railway, said feeder trains and buses will take passengers from the penultimate stop at Padalarang to the city center once the commercial operations are in full swing.

Development and debt

The project was financed by a loan from China Development Bank, which covered 75% of the cost, and equity from the Indonesian and Chinese shareholders, which covered the remaining 25%.

The railway was initially billed at $6 billion, but an extra $1.2 billion was needed to meet rising construction costs and land compensation. 

Indonesian officials have said the project aims to boost economic development and connectivity. Jakarta, with a population of more than 10 million, is the political and commercial center of Indonesia, while Bandung, with about 2.5 million people, is a hub for education, culture and technology.

The railway is expected to generate revenues from passenger fares, advertising and property development along the route. However, some analysts have questioned the profitability of the project, given the low population density and income level of the areas it serves. 

They have also warned of the risk of debt distress, as Indonesia has to repay the loan with interest to China.

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Passengers wait to leave Halim station in Jakarta, Sept. 15, 2023. Travelers on board have access to power outlets, LCD screens and spacious seats. [Eko Siswono Toyudho/BenarNews]

President Joko “Jokowi” Widodo, who also rode on the train for the first time last week, expressed his admiration for the project.

“I had visited the high-speed train project site four times before, but this was the first time I actually rode on it. It was very comfortable, and I didn’t feel the speed of 350 km [per hour] at all, whether I was sitting or walking around,” Jokowi said.

“This is what civilization looks like.”

The Jakarta-Bandung high-speed railway is part of China’s Belt and Road Initiative (BRI), a global infrastructure development strategy that aims to connect Asia, Europe and Africa through a network of roads, railways, energy pipelines and ports.

It is also a showcase of China’s ambitions to export its high-speed rail technology and expand its influence in Southeast Asia. China has been competing with Japan, which has a long history of building bullet trains, for rail projects in the region. 

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Passengers aboard the high-speed train as it approaches maximum speed while traveling to Tegalluar station in Bandung, West Java, Indonesia, Sept 15, 2023. [Eko Siswono Toyudho/BenarNews] 

The construction of the railway began in 2016 and was originally scheduled to be completed by 2019. However, it faced various challenges and delays due to land acquisition, environmental issues and the COVID-19 pandemic. 

In October 2021, Jokowi decided to allow the government to share the cost of the project, contradicting an earlier pledge and decree in 2015 that prohibited the use of state funds for its construction.

Beijing has insisted on keeping the interest rate for the project loan, including the cost overrun, at 3.4%, despite Indonesia’s request to lower it to 2%.

Nevertheless, officials have said the government is studying plans to extend the railway from Bandung to Surabaya, Indonesia’s second-largest city about 700 kilometers (435 miles) away.

Trail of damage

Indonesia was one of the first countries to support the BRI when it was launched by Chinese President Xi Jinping in 2013. China is Indonesia’s largest trading partner and one of its main sources of foreign investment.

In addition to the railway, Indonesia has also participated in other projects under the BRI, such as power plants, industrial parks, ports and bridges. 

Some of these have been criticized by environmentalists and local communities over their potential impacts on natural resources and human rights. 

According to some locals, construction of the Jakarta-Bandung railway has left a trail of damage in the villages along its route. It has caused water scarcity, pollution and damaged houses for hundreds of villagers who have received little or no compensation from the company or the government, they said.

Didin Syafrudin, a community leader in Cikalong Wetan village, West Bandung, said the community’s well water used to be abundant and clear before the project. 

“The impact of this high-speed train project was not felt immediately. For example, the clean water that we used to use as much as possible for drinking or washing clothes became less and less until it disappeared completely,” he said. 

“KCIC has not done anything to replace the water for the affected villagers, even now [when the project] is about to be inaugurated,” he told BenarNews.

KCIC did not respond to requests for comment from BenarNews.

China and Indonesia have defended their BRI cooperation as mutually beneficial and sustainable. 

BenarNews is an RFA-affiliated news service.


This content originally appeared on Radio Free Asia and was authored by By Ahmad Syamsudin for BenarNews.

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Date set in Chinese #MeToo activist’s ‘subversion’ trial https://www.rfa.org/english/news/china/date-09192023155852.html https://www.rfa.org/english/news/china/date-09192023155852.html#respond Tue, 19 Sep 2023 19:59:55 +0000 https://www.rfa.org/english/news/china/date-09192023155852.html Concerns are growing for the health of detained feminist labor activist Sophia Huang, whose trial date has been set for later this week, amid allegations she has been tortured in detention.

Lawyers acting for Huang and fellow labor activist Wang Jianbing, who was detained at the same time as Huang two years ago, met on Tuesday with officials from the Guangzhou Intermediate People’s Court, who told them the pair will stand trial on Friday for "incitement to subvert state power," the Free Xueqin and Jianbing Facebook page posted on Tuesday.

"The trial will be held this Friday, Sept. 22 at 9:30am in Guangzhou Intermediate People's Court," the group said. "These two people have been arbitrarily detained by the police for two years."

"We strongly urge the court to hold an #open trial and to #exclude illegal evidence," it said, adding that there had already been several breaches of due legal process in the case.

Huang and fellow labor activist Wang Jianbing were detained on Sept. 19, 2021 and later charged with "incitement to subvert state power," a charge frequently used to target peaceful critics of the ruling Chinese Communist Party.

Huang had planned to leave China via Hong Kong on Sept. 20, 2021 for the U.K., where she planned to take a master's degree in development with a prestigious Chevening Scholarship, while Wang, who is a labor and healthcare rights activist, had planned to see her off on her journey.

Concerns over health and treatment

Friday's trial date comes amid ongoing concerns about Huang’s health and her treatment at the hands of the authorities. She is currently being held in the Guangzhou No. 1 Detention Center.

A close friend of Huang’s who gave only the nickname Wanxia said she had been subject to “torture” in the form of sleep deprivation and malnutrition while in detention.

“She has been continually tortured, frequently interrogated suddenly in the middle of the night, and had her schedule disrupted,” Wanxia said. “She lost weight in a short space of time and stopped menstruating for more than five months, while she has suffered from calcium deficiency, low blood pressure and blood sugar in the past two years.”

“These details may just be the tip of the iceberg,” Wanxia said. “We are very sad and worried about this.”

She said Huang and Wang could face lengthy jail terms for their peaceful activism.

“They both really care about this country and want to … do something practical [to help], but they just wound up being accused of trying to incite subversion of state power,” Wanxia said.

Another friend of Huang’s who gave only the nickname Mark for fear of reprisals said the two had been “kidnapped” by the authorities, and the case against them fabricated.

“[Huang] is a journalist who loves to speak out for disadvantaged and minority groups,” he said. “She has not done anything to incite the so-called subversion of state power.”

“The incident should be a wake-up call to young people today,” Mark said.

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Chinese journalist and women's rights activist Huang Xueqin, left labor and human rights defender Wang Jianbing. Credit: twitter/FreeXueBing

U.S.-based rights activist Zhou Fengsuo, who serves as executive director at the New York-based group Human Rights in China, said the years-long delay without a trial is another form of mistreatment that is typically used in political cases in China.

He said it is likely that Huang and Wang have refused to offer up a “confession” or to plead guilty.

“If victims of political persecution don’t plead guilty, they just get held forever,” Zhou said. “They treat you as if you had a lifetime sentence.”

“It’s getting very common now … and the kinds of things they subject people to in detention are getting worse and worse.”

Outspoken activists

Before being targeted by the authorities in 2019, Huang had been an outspoken member of the country's #MeToo movement, and had carried out a survey of sexual harassment and assault cases among Chinese women working in journalism.

Huang was present at a million-strong protest in Hong Kong on June 9, 2019 against plans to allow extradition to mainland China, and was detained for "picking quarrels and stirring up trouble" in October 2019, before being released on bail in January 2020, a status that often involves ongoing surveillance and restrictions on a person's activities.

Her travel documents were confiscated after her return from that trip, preventing her from beginning a law degree in Hong Kong the fall of 2019.

Huang had previously assisted in the investigation and reporting of a number of high-profile sexual harassment allegations against professors at Peking University, Wuhan University of Technology, Henan University and Sun Yat-sen University in Guangzhou.

Wang started to work in rural development after graduating in 2005, before joining the Guangzhou Gongmin NGO in 2014 as director and coordinator for youth work.

In 2018, he started advocacy and legal support work on behalf of workers with occupational diseases, and was also a vocal supporter of China's #MeToo movement.

Translated by Luisetta Mudie.


This content originally appeared on Radio Free Asia and was authored by By Chen Zifei for RFA Mandarin.

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The Public Needs Transparency in US v. Google Trial https://www.radiofree.org/2023/09/01/the-public-needs-transparency-in-us-v-google-trial/ https://www.radiofree.org/2023/09/01/the-public-needs-transparency-in-us-v-google-trial/#respond Fri, 01 Sep 2023 18:45:14 +0000 https://www.commondreams.org/newswire/the-public-needs-transparency-in-us-v-google-trial

On Friday, RDP called on Rose to recuse himself from Dayton Area Chamber of Commerce v. Becerra, a case that poses a threat to the Biden administration's popular effort to curb drug costs and rein in Big Pharma's price-setting power. The Ohio Chamber of Commerce, Michigan Chamber of Commerce, and U.S. Chamber of Commerce are also plaintiffs in the case.

"The Chamber of Commerce's case against the Inflation Reduction Act, should it succeed, could immediately halt the progress on prescription drug prices that the IRA has been working towards for the past year," Ananya Kalahasti, a research assistant at RDP, said Friday. "In a case as high-stakes as this, any chance that Judge Rose evaluates this case in his own personal financial interest, rather than by the letter of the law, is a significant threat to judicial ethics."

In a letter to Rose, the Revolving Door Project argued that the judge could be in violation of the official Code of Conduct for U.S. judges if he oversees the price-negotiation case while having holdings in Johnson & Johnson and AstraZeneca.

Johnson & Johnson's blood clot medication Xarelto and AstraZeneca's Type 2 diabetes drug Farxiga are on the Biden administration's initial list of drugs set to face price negotiations with Medicare. The companies charge far higher prices in the U.S. for those medications than in other countries.

"Canon 2 of the Code of Conduct states, 'A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities,' acknowledging that even the appearance of improper incentives that could influence a judge's decisionmaking can be deeply harmful for public trust in government," RDP noted in its letter. "Your most recent financial disclosure reports show that you hold $15,001 to $50,000 of stock in Johnson & Johnson, $15,001 to $50,000 of stock in Moderna, and $1 to $15,000 of stock in AstraZeneca."

"Holding stock in two companies that will be subject to the first round of price negotiations while presiding over a case which may result in the prevention or delay of those negotiations is clearly an instance in which the judge has an 'interest that could be affected substantially by the outcome of the proceeding,'" RDP added, quoting from Canon 3 of the Code of Conduct. "Given the ethics concerns that your apparent conflict of financial interests in the pharmaceutical industry raise, we call on you to recuse yourself from Dayton Area Chamber of Commerce et al. v. Becerra et al. immediately."

Filed in July, the Dayton Area Chamber of Commerce's lawsuit is part of a broader legal campaign by industry groups and pharmaceutical giants to prevent Medicare from negotiating drug prices, something it was previously barred from doing under federal law.

Pharmaceutical companies and industry groups have thus far filed a total of eight lawsuits over the impending price negotiations, which are slated to begin for the first batch of drugs later this year and end in August 2024.

"Long-standing legal precedent is no obstacle for this billionaire-friendly Supreme Court, and it seems that given its choice of representation, Big Pharma is prepared for the cases to get that far."

As Bloomberg Lawsummarized, the legal challenges "make various constitutional claims, including that the negotiation process violates the Fifth Amendment's prohibition on taking private property without just compensation and the Eighth Amendment's excessive fines clause, based on the excise tax pharmaceutical companies face if they refuse to comply with the negotiations."

Nicholas Bagley, a professor at the University of Michigan Law School, told Bloomberg Law that "the drug companies are throwing spaghetti at the wall, and they're going to hope that some of it sticks."

Bagley argued that the IRA's corporate opponents are "really facing an uphill challenge, because there's an act of Congress that establishes this program."

But Kalahasti and RDP research intern Will Royce stressed in The American Prospect earlier this week that some legal experts have been "quick to point out that long-standing legal precedent is no obstacle for this billionaire-friendly Supreme Court, and it seems that given its choice of representation, Big Pharma is prepared for the cases to get that far."

"Who is helping Big Pharma in the courts? In Merck and Bristol Myers' respective cases, it's the conservative law firm Jones Day, which famously represented both Trump campaigns, supplied many Trump administration officials, and had a hand in Trump's Supreme Court nominations," Kalahasti and Royce observed. "On the case for both companies is Yaakov Roth, who successfully argued for the gutting of the administrative state in West Virginia v. EPA."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Unequal Justice: Trump’s Mar-a-Lago Trial Could Be Tanked by the Judge https://www.radiofree.org/2023/08/30/unequal-justice-trumps-mar-a-lago-trial-could-be-tanked-by-the-judge/ https://www.radiofree.org/2023/08/30/unequal-justice-trumps-mar-a-lago-trial-could-be-tanked-by-the-judge/#respond Wed, 30 Aug 2023 15:55:59 +0000 https://progressive.org/latest/trump%E2%80%99s-mar-a-lago-trial-could-be-tanked-blum-20230830/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Bill Blum.

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Expert witnesses tell court accounts ‘are clean’ in bribery case against Enembe https://www.radiofree.org/2023/08/30/expert-witnesses-tell-court-accounts-are-clean-in-bribery-case-against-enembe/ https://www.radiofree.org/2023/08/30/expert-witnesses-tell-court-accounts-are-clean-in-bribery-case-against-enembe/#respond Wed, 30 Aug 2023 00:00:22 +0000 https://asiapacificreport.nz/?p=92494 SPECIAL REPORT: By Yamin Kogoya

The Jakarta District Court heard the case of alleged bribery and gratification against suspended Papua governor Lukas Enembe on Monday with evidence from expert witnesses saying that an audit showed records to be “clean and accurate”.

The hearing was convened to hear the testimony of three expert witnesses on the allegations against Governor Enembe.

The panel of judges heard the testimony of two experts Dr Muhammad Rullyandi, SH, MH (a constitutional law expert and lecturer at the Faculty of Law of Jayabaya University) and Dr Eko Sambodo, SE, MM, Mak, CFrA (an expert in state finance and losses), and the third witness was due to be heard today.

The experts concluded that nine reports provided by the country’s state financial audit board during Enembe’s tenure as a governor did not contain any irregularities, or misreporting.

It was all “clean and accurate” within the framework of regulations and procedures, the witnesses said.

Complied with admin law
According to Dr Rullyandi (Indonesians often have single names), the state financial management complied with administrative law, which was supervised by a state institution known as the Badan Pemeriksa Keuangan (BPK), the State Financial Audit Board.

“The BPK is the final step in the state management process, starting with planning, implementation, and before accountability, it is under supervision,” Dr Rullyandi said.

Among the BPK’s responsibilities were the supervision of procurement and service contracting. When the BPK found criminal elements under its supervision, it reported them to the authorised agency required by law, he said.

Dr Rullyandi said that this was regulated in Article 14 of Law No. 15 of 2004 concerning the Examination of State Financial Management and Responsibility.

Article 14 of Law No.15 of 2004 states:

(1) “If criminal elements are detected during the examination, the BPK shall make an immediate report to the appropriate authorities in accordance with the applicable laws and regulations”.

Therefore, before the findings could be prosecuted as articles of bribery or gratification, they must first be tested by the BPK, which then reports them to law enforcement agencies.

Administrative rules
That is the correct way of thinking, said the expert witness.

Law enforcement is not permitted to enter the administrative area while it is still in the administrative process. The law states that when administrative law enforcement occurs, law enforcement should not enter before the BPK makes recommendations,” Dr Rullyandi continued.

The BPK audit report indicates that there were no criminal indications of financial irregularities during the term of Governor Lukas Enembe in regional financial management, including no alleged irregularities in procurement processes for goods and services, which indicates that the principle of legal certainty was met.

According to Dr Rullyandi, initiation of the investigation process into an alleged criminal act of corruption against Governor Lukas Enembe was not based on BPK’s recommendations.

This means, from the beginning of the investigation until it was transferred to the court, investigators ignored Law No. 15 of 2004, especially Article 14. To enforce the law of corruption, relating to criminal norms regulating bribery and gratification, administrative law norms must be considered.

This is accomplished by referring to Law No 1 of 2004 concerning the State Rreasury, which states in section weighing letter c that state financial administration law rules must govern state financial management and accountability.

According to Dr Rullyandi, there is also a provision in Law No. 15 of 2004 pertaining to the Responsibility of State Financial Inspection and Management, which regulates how state finances are handled and held accountable in the fight against criminal corruption.

Judges in the Lukas Enembe alleged corruption case hear testimony from expert witnesses
Judges in the Lukas Enembe alleged corruption case hear testimony from expert witnesses. Image: Kompas.com

Abuse of office allegations
“Regarding allegations of abuse of office, Dr Rullyandi said the defendant did not possess the qualifications to abuse his position through bribery and gratification as stated in Articles 11, 12A, and 12B of the Law.

Law No. 31 of 1999 concerning the Eradication of Corruption, as amended by Law No. 20 of 2001.

It was due to the authority or power associated with Enembe’s position, which allowed him to move in order to do or not do something related to the procurement of goods and services. This was given as a result of or caused by something he did or did not do in his position that violated his obligations.

His position as Governor and as user of the budget had been delegated and handed over to the powers of budget users and officials authorised to carry out the procurement committee for goods and services in accordance with Article 18 of Law No. 1 of 2004 concerning the State Treasury.

Particularly, anyone signing or certifying documents related to the letter of evidence that is the basis for the expenditure on APBN / APBD is responsible for its content and consequences.

According to Dr Eko Sambodo’s testimony, if a province [such as Papua] had been given nine times the Unqualified Fair Opinion (abbreviated WTP), administratively, all of them had been managed in accordance with relevant regulations, accountability, and accounting standards.

“When it comes to managing finances, it has been audited, so there are no regulatory violations,” Dr Sambobo said.

Governor Enembe’s senior lawyer, Professor OC Kaligis, asked the witness whether this opinion of the WTP could be used as evidence, that corruption did not exist in the province.

The witness replied that in auditor terms, corruption was known as irregularities. Deviation causes state losses.

It means that everything has been done according to and within regulations, including governance, compilers, and reports. It also means that expenditures have been proven, clarifications have been made, all of which contribute to its final report.

“This is all WTP offers,” said Dr Sambobo. Under the leadership of Governor Enembe, Papua province won the WTP opinion nine times consecutively.

Another expert opinion was due to be heard in court today.

Witness’s testimonies in Court
The court completed hearing witnesses last week (Monday, August 21), who testified to their involvement or knowledge of the alleged bribery, gratification, and corruption scandal.

Out of 184 witnesses, only 17 were brought to court, and only 1 had any connection with Governor Enembe. Sixteen of these witnesses testified as to not have any connection to Enembe.

Only one witness linked to the governor’s name, Prijatono Lakka, a pastor and Enembe’s assistant, who sent Enembe one billion rupiah (NZ$105,000) to cover medical expenses through governor’s personal funds, resulting in an array of allegations, his arrest, and the ongoing process.

To date, no witnesses have emerged to provide testimony or evidence concerning all the alleged wrongdoings and misconduct of Lukas.

Although the governor’s health has improved somewhat, his condition is still critical. The governor’s lawyers continues to ask the judge to detain him in the city for medical treatment and to allow medical specialists outside of the control of Corruption Eradication Commission (acrynomed KPK) to treat him in a free environment.

However, these requests have not been responded to. Currently, the governor is confined to the prison cells of KPK.

He is secheduled to appear in court next week on Monday to bring the final stages of this protracted legal drama to closure.

Lukas Enembe’s term as Papua’s provincial Governor will end during early September — next week.

Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.


This content originally appeared on Asia Pacific Report and was authored by APR editor.

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Voting Rights At Heart of Trump’s Legal Troubles; Federal Trial Set for Day Before Super Tuesday https://www.radiofree.org/2023/08/29/voting-rights-at-heart-of-trumps-legal-troubles-federal-trial-set-for-day-before-super-tuesday/ https://www.radiofree.org/2023/08/29/voting-rights-at-heart-of-trumps-legal-troubles-federal-trial-set-for-day-before-super-tuesday/#respond Tue, 29 Aug 2023 14:47:37 +0000 http://www.radiofree.org/?guid=a54b8b671feed4df6e9f038ed101f3d4
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Judge in D.C. Sets Trump Trial for March 4 & Rejects Trump Lawyer’s Citation of Scottsboro Boys Case https://www.radiofree.org/2023/08/29/judge-in-d-c-sets-trump-trial-for-march-4-rejects-trump-lawyers-citation-of-scottsboro-boys-case/ https://www.radiofree.org/2023/08/29/judge-in-d-c-sets-trump-trial-for-march-4-rejects-trump-lawyers-citation-of-scottsboro-boys-case/#respond Tue, 29 Aug 2023 12:31:12 +0000 http://www.radiofree.org/?guid=1dc8dbdbfa969494131973107510b5ba Trump scottsboroboys

We continue to look at Donald Trump’s mounting legal battles with constitutional law professor Anthony Michael Kreis. Trump’s federal trial for election interference is set to begin in Washington, D.C., in March, but his legal team argued this week for a two-year delay, citing the case of the Scottsboro Boys, nine young Black men who were falsely accused of raping a white woman and convicted in a rushed trial before the Supreme Court ultimately intervened. “It’s offensive,” Kreis says of the comparison. “To claim that Donald Trump is a victim of some unlawful, unruly criminal justice process akin to 1930s Alabama is simply false.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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As Mark Meadows Pushes for Federal Trial, Activists Say Attack on Voting Rights at Heart of Georgia Case https://www.radiofree.org/2023/08/29/as-mark-meadows-pushes-for-federal-trial-activists-say-attack-on-voting-rights-at-heart-of-georgia-case/ https://www.radiofree.org/2023/08/29/as-mark-meadows-pushes-for-federal-trial-activists-say-attack-on-voting-rights-at-heart-of-georgia-case/#respond Tue, 29 Aug 2023 12:13:32 +0000 http://www.radiofree.org/?guid=2f10468118b38f3a0b6f27f104fd23b6 Seg1 split albright

A judge on Monday set Donald Trump’s federal trial for plotting to overturn the 2020 election to begin in Washington, D.C., on March 4 — at the height of the presidential primary season and one day before Super Tuesday. Meanwhile, Trump’s former White House Chief of Staff Mark Meadows testified before a federal judge in Georgia on Monday as part of an effort to move his trial from state to federal court. Meadows is one of Trump’s 18 co-defendants in the Georgia racketeering case, and any decisions on his fate could affect the others. Black Voters Matter co-founder Cliff Albright says at the heart of the Georgia case was an attempt to disenfranchise Black people who had helped push Joe Biden over the top in the state’s presidential election. “They were specifically going after Black voters,” Albright says of Trump and his allies. We also speak with law professor Anthony Michael Kreis, who attended Monday’s hearing in Georgia and says Trump’s mounting legal battles present “a real test for our constitutional order and our political system.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Hong Kong delays Jimmy Lai trial as police question woman linked to exiled lawmaker https://www.rfa.org/english/news/china/hongkong-jimmylai-trial-08212023145412.html https://www.rfa.org/english/news/china/hongkong-jimmylai-trial-08212023145412.html#respond Mon, 21 Aug 2023 18:54:30 +0000 https://www.rfa.org/english/news/china/hongkong-jimmylai-trial-08212023145412.html A Hong Kong court has once more postponed the national security trial of pro-democracy media mogul Jimmy Lai for several months, while police questioned a woman with ties to exiled former lawmaker Nathan Law.

A panel of three High Court judges delayed Lai's trial until Dec. 18, the second delay since the original trial date was set for December 2022.

Lai, who founded the now-shuttered pro-democracy Apple Daily newspaper, faces two counts of "conspiracy to collude with foreign forces" and one count of "collusion with foreign forces" under a draconian security law imposed by Beijing in the wake of the 2019 protest movement, along with a charge relating to "seditious" publications. 

He was first arrested in August 2020 and is currently serving time for fraud in connection with the lease on his Next Digital media empire's headquarters.

Meanwhile, Hong Kong National Security Police questioned a woman with reported links to Law, one of the eight activists in exile with arrest warrants and bounties on their heads, the London-based rights group Hong Kong Watch reported.

The move comes after police detained and questioned the parents of fellow overseas activist Anna Kwok, who heads the Hong Kong Democracy Council, a U.S.-based lobby group.

ENG_CHN_HKNatSec_08212023.2.jpg
Hong Kong activist Nathan Law [center] takes part in a protest during the visit of Chinese Foreign Minister Wang Yi in Berlin, Germany, Sept. 1, 2020. Credit: Markus Schreiber/AP

Kwok and Law are among eight prominent overseas Hong Kongers wanted by the authorities for "collusion with foreign forces" under the national security law, with a HK$1 million bounty on each of their heads, as the city authorities claim the right to "long-arm" enforcement of the law anywhere in the world.

Hong Kong leader John Lee has vowed to pursue the eight activists for the rest of their lives.

"This was the latest escalation in the application of the Hong Kong National Security Law against opposition figures, in particular since the announcement of arrest warrants and bounties against the eight activists in exile," Hong Kong Watch said in a brief statement.

Looking like the mainland

Former pro-democracy district councilor Sam Yip, who is currently studying in Tokyo, said Hong Kong's judicial system is looking increasingly like that of mainland China.

"It's very similar to the Chinese courts, where the prosecution and courts can extend an arrested person's time in detention at will," Yip said. "The courts and the entire judicial system in Hong Kong are nearly identical with those in mainland China, particularly where national security law cases are concerned."

"Those cases no longer follow the common law system, but instead follow the Chinese legal system."

He said the common law system once ensured a fair trial in Hong Kong, but no longer.

ENG_CHN_HKNatSec_08212023.3.jpg
Hong Kong's judicial system is looking increasingly like that of mainland China, says former pro-democracy district councilor Sam Yip, who is studying in Tokyo. Credit: Richard A. Brooks/AFP file photo

A former adviser to the Chinese Communist Party government in Beijing last week criticized the Hong Kong government over its plan to allow extradition to mainland China, which sparked the mass protests of 2019 and the ensuing crackdown on public dissent.

Former Chinese People's Political Consultative Conference standing committee member Charles Ho said he had tried to dissuade the city's current and former leaders from pressing ahead with the plans, which sparked months of mass popular protest that broadened from an anti-extradition campaign to include demands for fully democratic elections.

Ho told a radio show last week that then Chief Executive Carrie Lam's handling of the protest was "a man-made disaster."

"I explained to her that if she went ahead and implemented the amendment to the Fugitive Offenders Ordinance, it would lead to U.S. sanctions on Hong Kong," Ho said, adding that he had issued the same warning to then security chief and current chief executive John Lee.

"I was in the Jockey Club coffee shop with John Lee, and I told him I had advised Lam not to do this, because it would affect Hong Kong's [trading status] with the United States," he said.

Then-U.S. President Donald Trump signed the Hong Kong Human Rights and Democracy Act into law in November 2019 after months of pro-democracy protests, targeting officials responsible for the erosion of the city's promised freedoms and prompting mass celebrations by protesters.

When Beijing imposed the National Security Law on Hong Kong from July 1, 2020, Washington responded by declaring an end to the city's status as a separate trading entity from mainland China.

Translated by Luisetta Mudie. Edited by Malcolm Foster.


This content originally appeared on Radio Free Asia and was authored by By Gao Feng for RFA Mandarin, Jojo Man for RFA Cantonese.

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Actor, writer, and comic entertainer Ikechukwu Ufomadu on embracing trial and error https://www.radiofree.org/2023/08/16/actor-writer-and-comic-entertainer-ikechukwu-ufomadu-on-embracing-trial-and-error/ https://www.radiofree.org/2023/08/16/actor-writer-and-comic-entertainer-ikechukwu-ufomadu-on-embracing-trial-and-error/#respond Wed, 16 Aug 2023 07:00:00 +0000 https://thecreativeindependent.com/people/actor-writer-and-comic-entertainer-ikechukwu-ufomadu-on-embracing-trial-and-error You have a very singular style—a kind of deadpan, authoritative comedic voice. I was wondering whether that came about organically or whether that was a strategic choice?

It was developed organically. There wasn’t much thinking beforehand of, “the market is lacking this kind of thing, so let me try and make that thing.” I went to school to study theater and acting, and was preparing for this life of, “Okay, I’m going to be a stage actor and that’s what I want to be. I want to perform in plays.”

I think by the end of my time in school—I remember I was watching Letterman, and I didn’t grow up watching late night TV. I just found it fascinating. At the time I was in an experimental downtown New York theater scene, and so was used to doing projects that were deconstructing the act of performing on stage. Watching Letterman, watching this person who has to wear a suit every single night and has to sit down at a desk, and is doing so in front of this studio audience, when what he wants to do is be funny and play around—it just kind of struck me as interesting. Actually kind of weird, but then at the same time, so accepted across the country.

It’s a very, very odd corporate job that he has. I was really fascinated, too, by the fact that he’s playing himself—it’s him on stage, and he goes by David Letterman on stage, but obviously it can’t exactly be him because he’s on stage in front of all these people.

Have you been trying to find the performing version of yourself, rather than another character? Like, the David Letterman who hosts The Letterman Show is not the private David Letterman in his home. He is the performing David Letterman. Right?

Yeah, and thinking about how subtly the knobs need to be switched to actually become a different person, performing self. There I am, backstage, and then I go on stage. Just the mere fact of having a microphone and standing in front of people does something, it opens up different ways of playing around with the audience.

You mentioned being in school and studying theater and acting, and I know you’re a writer as well. Can you tell me about the different creative identities that you inhabit, be it comedian, writer, or actor?

Throughout middle school and high school I did both theater and speech, and was mostly acting in other people’s material, plays and otherwise. But it wasn’t until 2010, I had done this dance theater intensive in Bali—it was a bunch of heavy dancing and movement training. For some reason, coming out of that, I felt like my comedic sensibility was something valid that could be explored on stage or in front of people. I think before then, that sensibility was always there: joking with friends or doing more creative personal projects that were a little uncategorizable. But after that dance intensive for some reason I was like, “Oh, yeah, this comic person sensibility is something I could explore in a bigger way.”

Then over the course of the pandemic, I started embracing writing more. Just curious if I could make comedy that could be funny on the page. Up to 2020 in performing my own work, I’d only really written down the bare bones notes that I just needed for myself in order to make it from the beginning to the end of a standup set.

Do you have any strategies for getting creative juices flowing when you’re feeling stuck or blocked? Like, with the dance intensive, did you feel like physical movement had something to do with accessing creative energy?

It’s a hard question. One thing that I feel I really connected with—I read Charlie Chaplin’s biography a few years ago, and he talked about where his ideas came from, how it was just this pure, unrelenting want for an idea. He just needed an idea, and so he just had to come up with an idea, and there was no way around this need other than coming up with an idea. Early on, when I was trying to figure out what to do at comedy shows, there really was just kind of this, “Okay, I need something. I need something. What am I going to do?” Just rallying of the neurons towards, “I need an idea to do on stage by tonight.” Rallying all of my mental and physical being to just come up with something—I guess it’s a sort of desperation, of having some kind of built-in deadline in the form of a show.

Can you give me an example of a time where you were really grasping for an idea at the last minute, and then what you came up with?

Yeah, one that comes to mind is, I was doing the show called Pop Show that Ziwe used to do. Still does, but I think in a different form now. The premise of the show was just, “You’re a pop star, so you have to sing a song as a pop star.” And so I remember that morning, I did not have an idea, and I really needed an idea.

So what did you do?

For some reason I’m really drawn to the old American entertainer archetype of the Rat Pack and the talk show, and American standards. In hunting for something, I guess I went back to that pool of inspiration. I really like very simple things. Taking something really familiar and shifting it somehow—making something really familiar feel kind of strange. The end result for that show was doing this version of the ABCs that was like a jazz rendition, going through the whole alphabet once, and then having the audience sing along, and then doing a scat version of the alphabet, and then going back and doing the classic rendition of it one more time before closing.

I don’t know if this would explain it either, but one time, in Steve Martin’s standup memoir he was talking about being on the Tonight Show with Johnny Carson, and I guess apparently Carson had done this Goofy impression during the commercial break. Carson turned to Steve Martin and said, “You’ll use anything you ever knew.” There’s something about that, it feels hard to pin down. I guess I have some need to perform. I don’t know exactly why. Then the question presents itself, “Okay, well, what are you going to do?” I think there’s some kind of underlying desire to somehow serve the audience or to present something that will be of value to their life, but also at the same time, that it will be valuable to my life, that there’s some kind of mutual value that can be created from this encounter between a performer and the audience.

My idea of the sort of old-school entertainer or old-school talk show host, is that you’re almost doing a public service in a way. Your job is to show up and to deliver humor somehow to the group of people who have assembled at this event or in front of the screen. Like, say I’m a milkman and I’ve got to deliver the milk. If you’re the milkman, I guess you’ve got to find some milk to deliver. I’m sure if you’re a milkman, it’s not a very complicated process—you probably have a stable pipeline to get the milk that you need, but with the comedic entertainment, you’re always trying to find the milk.

On the one hand, I do like using material that everyone can really relate to, and sort of playing with that. Then, I also like doing things that not everyone will understand at first, or the understanding kind of plays out over time. Where it almost feels like you’re creating an inside joke for the first person who laughs, and then maybe over the course of the joke, everyone has now figured out why a particular bit was funny, so we’re all sharing in the joke.

One of the first bits I did was this Obama voice, where I would just get up to the microphone and say Malia several times, in Obama’s voice. Because there was no introduction, nobody really knew what I was doing. Then I guess the punchline was when I would go, “Malia, Malia, Malia—Sasha. Sasha, Malia’s trying to speak. Sasha, Malia’s trying…”

There’s something about that time that’s appealing, suspending confusion before you let people understand?

Yeah, it’s an interesting tension between wanting people to understand what’s going on, but also I like creating little puzzles that are figured out over the course of a set. I got really into crosswords three years ago. I don’t know if you do crosswords, but it’s a funny phenomenon, where you’re working on a crossword and you think you don’t know the answer, and then either you step away from the crossword, or just in working on another part of the crossword, you go back to the part that you didn’t get, and you suddenly are like, “Oh, right. Yeah. That’s the answer.” It’s this concrete feeling of, “Oh, a piece of my brain was working on this while I was focused on something else.” I like making these little comedic performance puzzles that perhaps sometimes aren’t understood at the get, but over time are like, “Oh, okay, I see what’s going on here.”

So you’re not just looking for laughs, you’re giving people a puzzle to solve so that they can have that feeling of pleasure when they’ve gotten it?

Yeah, I guess. Another example is, I tend to do a lot of voices. I’ll vary the way that I speak—otherwise known as impressions, but I’ve always been resistant to announce that I’m doing an impression. A couple of months ago, I was thinking about this again. I was like, it would be so easy to just tell the audience, “Hey, I’m speaking like this person now,” and then they would know that that’s who you’re speaking like, and then they would enjoy that. Instead, I’ll start into voices unannounced, and I’ll be following maybe the same train of thought that I was before, but with that voice, perhaps that thought is inflected in a different way.

I’ll talk like Obama from time to time, and I’ll do it whenever I feel like I need to be a little more thoughtful, whenever I’m naturally moving in a more sort of thoughtful, deliberative train of thought. I’ll just talk in that way, but then, if I kind of want to be a little looser or something, I’ll just start talking in this more stereotypical Texan cowboy voice. I don’t want to sound too highfalutin, but it’s almost like the feat of the impression is not the point, exactly, but maybe it’s highlighting the frame of mind that the voice usually occupies. I only use them as a tool to express my thoughts somehow.

A recent example is there was a show where I opened up the floor for questions, and an audience member asked, “What did it feel like to lose the Emmy?” I reached for the Obama voice because that seemed an answer that needed some kind of diplomacy, a level head. It’s almost like a way to be kind of sincere in responding, but also still playful.

In that moment, did you feel obligated to be honest? Do you feel like you owe the audience honesty?

I don’t know. I try to be honest on stage. I’m not an open book, but I do try to be honest, and try to achieve a playful honesty. There’s a form of honesty that’s maybe, “Does what you just said line up with what I’ve read on Wikipedia about you? Does this line up exactly? Are you being honest with me?” Then there’s also achieving a level of playfulness or release or fun—I think one can be honest in their pursuit of those qualities. Sometimes I guess that requires finding different ways of playing around—I’m not trying to pull the wool over anyone’s eyes while performing.

What advice would you give to someone who maybe is not very embedded in a creative community and doesn’t feel like they have a lot of momentum for their creative work, but is trying to kind of facilitate that?

Let’s see. Advice.

I’m debating whether this is advice or whether I’m just saying what my particular path was, which might not be applicable to everyone. But a big part of finding a community was trial and error. Getting up and, in my case, going to open mics, and through trial and error, finding not exactly like-minded, but finding—it felt like peers.

Looking for your people?

Looking for your people. Yes, that’s exactly what I’m trying to say. Embracing the trial and error nature of that process. I think that maybe that’s the helpful thing, to take a long view in embracing trial and error. Just so you’re not frustrated if things don’t come together right away, or think that today’s results are indicative of how the future will also play out. I think there’s maybe some agency there, not letting just your immediate circumstances or immediate environment cloud your view of what’s possible or what could potentially happen. I wouldn’t advocate living in a bubble or ignoring reality, but not letting one failure discourage you too much, not letting a setback color one’s view of how things will play out.

Each day is new, literally, and also hasn’t happened yet. I find myself telling myself that, particularly when I’m trying to do something new, because it’s easy to forget. Even if I were performing tonight, to remind myself that tonight’s show has not actually happened yet often feels revelatory. Like, “Oh, it hasn’t happened.” Whatever I’m thinking the show will be like, it actually hasn’t happened yet. I haven’t arrived there. I haven’t seen the crowd, I haven’t felt the atmosphere in the room yet. I could do a completely different thing, completely different material than what I’ve set out to do. It literally hasn’t happened and will be happening in the future. There’s something about reminding myself that I’m living on the edge of existence at this moment, it seems to open up some kind of opportunity to do something new, or for a different result to arise.

Ikechukwu Ufomadu Recommends:

Watching or listening to Howard Cosell’s introduction of Frank Sinatra’s “The Main Event” concert

PBS’ American Masters documentary on Marian Anderson

15 minutes a day of loose, free-form, improvisational dancing

A visit to the FDR Presidential Library and Museum

Listening to Newton Minnow’s speech “Television and the Public Interest”


This content originally appeared on The Creative Independent and was authored by Rene Kladzyk.

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Abu Ghraib Torture Lawsuit Heads to Trial, 15 Years in the Making https://www.radiofree.org/2023/08/08/abu-ghraib-torture-lawsuit-heads-to-trial-15-years-in-the-making/ https://www.radiofree.org/2023/08/08/abu-ghraib-torture-lawsuit-heads-to-trial-15-years-in-the-making/#respond Tue, 08 Aug 2023 15:11:44 +0000 http://www.radiofree.org/?guid=c469bb0d18257b5e07ba60f0dd84d003
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Will Abu Ghraib Torture Victims Finally Get Their Day in Court? CACI Lawsuit Will Proceed to Trial https://www.radiofree.org/2023/08/08/will-abu-ghraib-torture-victims-finally-get-their-day-in-court-caci-lawsuit-will-proceed-to-trial/ https://www.radiofree.org/2023/08/08/will-abu-ghraib-torture-victims-finally-get-their-day-in-court-caci-lawsuit-will-proceed-to-trial/#respond Tue, 08 Aug 2023 12:48:59 +0000 http://www.radiofree.org/?guid=bdfb265b30c688f0c77c51e3cb9027c6 Guest baherazmy

A federal lawsuit brought by Iraqi torture survivors appears finally headed to trial after a federal judge refused to dismiss the case last week. The Iraqis are suing the U.S. military contractor CACI, which provided interrogators at Abu Ghraib, the notorious Iraqi prison where the men were tortured by U.S. guards. The lawsuit, which alleges CACI was complicit in that torture, was first filed in 2008. Since then, CACI has attempted 18 times to have the case dismissed. Baher Azmy, legal director of the Center for Constitutional Rights, which is representing the torture survivors in the case, says the men suffered a range of abuse including sexual humiliation, beatings and more. “They’re all suffering the aftereffects, psychological and physical, of their time at Abu Ghraib,” he says.


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Hawaiʻi’s youth-led climate change lawsuit is going to trial next summer https://grist.org/accountability/hawai%CA%BBis-youth-led-climate-change-lawsuit-is-going-to-trial-next-summer/ https://grist.org/accountability/hawai%CA%BBis-youth-led-climate-change-lawsuit-is-going-to-trial-next-summer/#respond Tue, 08 Aug 2023 03:45:42 +0000 https://grist.org/?p=615459 Kaliko is excited to get her day in court. 

The 13-year-old is one of 14 Hawaiʻi youth suing the state Department of Transportation over its role in promoting greenhouse gas emissions that are warming the planet. A circuit court judge ruled Thursday that the trial will start June 24 in Honolulu’s environmental court. 

“I can see every day how climate change is affecting everyone’s life and has significantly affected mine as well,” Kaliko said in an interview Monday. She is identified by her first name only in court documents due to her age. 

Kaliko was calling from her home in west Maui, where she was holding two ice packs on her head to keep cool in Monday’s sweltering heat as her chickens hid in the shade of a pine tree. The teenager worried how a hotter world will make it harder for her to do the things she loves, like biking, surfing, and gardening.

“I joined this case so nobody would have to experience what I have experienced and so I can make the world a better place,” she said. 

Five years ago, her family lost its home in Hurricane Olivia. The winds had weakened to a tropical storm by the time they hit her home island of Maui, but the storm still downed power lines and flooded houses. It was the first tropical storm to hit the island in recorded history. 

Climate change is not only expected to lead to hotter weather but also more frequent and more powerful storms globally. Children born in 2020 are between two and seven times as likely to experience an extreme weather event compared to people born in 1960. 

Like most of the plaintiffs in the lawsuit, Kaliko is Native Hawaiian.  A warming world threatens Indigenous cultural practices, like growing taro, that Hawaiians have engaged in for generations. Increasingly scarce water has forced Kaliko’s family to change how it grows the crop so it has enough to make poi, a traditional starch.

Their lawsuit, Nawahine v. the Hawaiʻi Department of Transportation, filed in English and the Hawaiian language, argues that the agency prioritizes transportation projects like highway construction that, according to the suit, “lock in and escalate the use of fossil fuels, rather than projects that mitigate and reduce emissions.”

The Department of Transportation declined to comment.

The case is part of a broader youth-led push to hold governments legally accountable for their role in exacerbating the climate crisis. 

A state judge in Montana is expected to rule any day now in Held v. Montana, in which 16 young Montana residents call out the state’s role in promoting the fossil fuel industry. It is the first lawsuit of its kind to reach a trial. The youth argue that the state’s support of fossil fuels violates their right, enshrined in Article II of the state constitution, to a “clean and healthful environment.” 

The plaintiffs in both cases are represented by Our Children’s Trust, a nonprofit founded 13 years ago in Oregon to sue on behalf of children’s right to a safe climate. It has filed cases in all 50 states and at the federal level, most without success. 

What’s significant about the Hawaiʻi and Montana cases is how far they’ve gotten, said Dan Farber, a law professor and expert in climate litigation at the University of California at Berkeley. The Hawaiʻi case would be only the second to see a trial. 

“These cases are really good choices to establish precedents that can be built upon later,” Farber said, adding that the fact the Hawaiʻi case is going to trial could encourage judges in states to allow similar cases to proceed.

Both cases hinge on the right, written into each state’s constitution, to a clean and healthful environment. They also accuse state officials of neglecting their duty to preserve and protect the environment for future generations. But where youth in Montana are calling out their stateʻs enthusiastic promotion of the fossil fuel industry, their peers in Hawaiʻi are zeroing in on car-related emissions because the state has set a goal of achieving net-negative carbon emissions by 2045.

Kylie Wagner Cruz, an attorney at the legal nonprofit Earthjustice, is representing the youth plaintiffs along with Our Children’s Trust. She said she’s confident about her clients’ chances, particularly since the Hawaiʻi Supreme Court has already ruled that the state constitutional right to a clean and healthful environment includes the “right to a life-sustaining climate system.”“We have an opportunity with this case to transform Hawaiʻi’s transportation system to benefit all of Hawaiʻi’s people,” Cruz said.

This story was originally published by Grist with the headline Hawaiʻi’s youth-led climate change lawsuit is going to trial next summer on Aug 7, 2023.


This content originally appeared on Grist and was authored by Anita Hofschneider.

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Hong Kong police plan to arrest Danish artist, hold trial in mainland China: report https://www.rfa.org/english/news/china/hongkong-tiananmen-sculptor-08042023140818.html https://www.rfa.org/english/news/china/hongkong-tiananmen-sculptor-08042023140818.html#respond Fri, 04 Aug 2023 18:25:00 +0000 https://www.rfa.org/english/news/china/hongkong-tiananmen-sculptor-08042023140818.html The Danish sculptor whose "Pillar of Shame" statue commemorating the 1989 Tiananmen massacre was seized by Hong Kong authorities said he is saddened by a report that he faces arrest if he tries to return to the city to retrieve his work.

Hong Kong police have declined to comment on a report in a pro-China newspaper Wednesday that they are taking steps to arrest sculptor Jens Galschiøt under a national security law forbidding criticism of the authorities.

Asked about the report in the Sing Tao Daily, Galschiøt told Radio Free Asia on Thursday that he hadn't heard of any arrest warrant, but didn't believe such a warrant would be enforceable.

The "Pillar of Shame" statue is removed from the University of Hong Kong, Dec. 23, 2021. Credit: Lam Chun Tung/The Initium Media via AP
The "Pillar of Shame" statue is removed from the University of Hong Kong, Dec. 23, 2021. Credit: Lam Chun Tung/The Initium Media via AP

He said he was "sad" that he wouldn't be able to return to the city he loves, despite wanting to collect his original artwork and bring it back to Europe. 

“I know Hong Kong has really changed a lot,” he said, adding that almost all of his Hong Kong friends are now in prison amid an ongoing crackdown on dissent.

He said of the “Pillar of Shame”: “I want it back … it’s my private property.”

The Sing Tao Daily quoted a source as saying that "the national security department has formulated plans to arrest Jens Galschiøt for intending to use the 'Pillar of Remembrance" to come to Hong Kong to cause a political disturbance."

Asked to confirm the report, a police spokesperson replied: "We will act based on the situation, and take action according to law."

'Color revolution'

The Sing Tao Daily report also said that if Galschiøt did come to Hong Kong to retrieve his artwork, he could be sent to face trial in mainland China under Article 55 of the law.

"They have decided to activate Article 55 of the Hong Kong National Security Law, meaning that the case will be handed over to [Beijing's] National Security Office in Hong Kong, which can exercise jurisdiction to transfer it to the mainland for trial."

Article 55 of the law, which was imposed on Hong Kong from July 1, 2020 in a bid to crack down on the 2019 pro-democracy movement, allows for national security cases deemed to be of a "serious" nature to be transferred to mainland China for trial.

Hong Kong security chief Chris Tang claimed in a video uploaded to Facebook on Thursday that waves of mass protests against the erosion of the city's freedoms dating back to 2003 were the result of "foreign forces" trying to foment a "color revolution" in Hong Kong.

"The intention of foreign forces to make use of Hong Kong to endanger our national security didn't happen overnight," Tang said in the video. "National security incidents have occurred repeatedly in Hong Kong over the past two decades."

"External forces were already cultivating certain local opposition groups in Hong Kong as early as 2003, organizing large-scale anti-government demonstrations," he said, over footage of a protest by half a million people against national security legislation, known as Article 23. "The anti-Article 23 protests were a trial run for them."

Students clean the "Pillar of Shame" statue at the University of Hong Kong, June 4, 2019. Credit: Kin Cheung/AP
Students clean the "Pillar of Shame" statue at the University of Hong Kong, June 4, 2019. Credit: Kin Cheung/AP

Tang went on to blame the mass protest campaign in 2012 by students -- some of them still in secondary school -- against patriotic education in Hong Kong's schools, the 2014 Occupy Central movement for fully democratic elections, the 2016 "fishball revolution" in Mong Kok and the 2019 movement against extradition to mainland China on the actions of "foreign forces."

"Many young people had been radicalized," said Tang, who was chief of police during the 2019 protests. "External forces were up to the same old tricks again."

His comments were in stark contrast to the reaction of then chief executive Tung Chee-hwa at the time, who said in a statement: "The ... government fully understands that citizens value human rights and freedoms. The government's position is consistent with that of the citizens."

Massive, ongoing crackdown

The first public reference to "foreign forces" came from former chief executive Leung Chun-ying in 2014, when he claimed that "foreign forces have always been involved in Hong Kong politics," without giving specific details. 

But the rhetoric around foreign forces and alleged foreign funding didn't become baked into official statements until after the 2019 protest movement. Even during those protests, police made no claims of foreign involvement or funding during their attempts to quell the mass movement, despite such claims being prominent in the political crackdown that followed.

The crackdown has seen senior journalists, pro-democracy media magnate Jimmy Lai and 47 former lawmakers and democracy activists charged with offenses from "collusion with a foreign power" to "subversion." 

The national security law applies to speech and acts committed anywhere in the world, and has been used to issue the leaders of the London-based rights group Hong Kong Watch with a takedown order for its website.

Copenhagen-based regional council member Thomas Rohden said via his X account: "So China has found yet another Danish citizen whom they want imprisoned."

"This time it is about the artist Jens Galschiøt. His crime is to draw attention to the Tiananmen Square massacre, through his artistic sculptures. #dkpol," Rohden wrote.

According to Sing Tao, the arrest warrant for Galschiøt is linked to the prosecution of Zeng Yuxuan, a doctoral student from mainland China found in possession of posters depicting the "Pillar of Shame," under colonial-era sedition laws.

Zeng stands accused of conspiring with U.S.-based democracy activist Zhou Fengsuo to "commit acts with seditious intent" ahead of the June 4 massacre anniversary.

Zhou has said he bears full responsibility for creating the materials found in Zeng's possession.


Translated with additional reporting by Luisetta Mudie.


This content originally appeared on Radio Free Asia and was authored by By Jojo Man, Siyan Cheung and Chingman for RFA Cantonese.

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Ailing former Papuan governor Enembe now in detention cell after army hospital https://www.radiofree.org/2023/08/02/ailing-former-papuan-governor-enembe-now-in-detention-cell-after-army-hospital/ https://www.radiofree.org/2023/08/02/ailing-former-papuan-governor-enembe-now-in-detention-cell-after-army-hospital/#respond Wed, 02 Aug 2023 10:17:27 +0000 https://asiapacificreport.nz/?p=91341 ANALYSIS: By Yamin Kogoya

An Indonesian court has held a hearing to consider whether the ailing former Papua Governor, Lukas Enembe, is well enough to go on trial for the allegations of bribery and gratification that he is facing.

The hearing was held in the Central Jakarta District Court yesterday to consider a second medical opinion provided by the Indonesian Medical Association (IDI).

Corruption Eradication Commission (KPK) public prosecutors read out the IDI medical report, which stated that the defendant Enembe was fit to face trial.

Former Governor Enembe was not present at the hearing and his lawyers and family protested against the second opinion of IDI’s decision, arguing that the judgment was not based on a proper medical report but rather a view formed and collected by KPK’s doctors through interviews.

The family refused to accept this result because they believe it did not accurately represent the medical issues facing the governor.

The governor’s lawyers contend that their client is seriously ill, and they have now received an accurate medical report from the army hospital’s specialist, who has been treating  Enembe for the past two weeks, since he was moved from KPK’s detention cell to Gatot Soebroto Army Central Hospital (RSPAD) in Jakarta on July 16 due to serious health concerns.

“As a result of the explanation given by the RSPAD doctor’s team who visited Mr Enembe’s in-patient room on Monday (24/7), it was determined that Mr Enembe’s kidney function had decreased dramatically. According to Bala Pattyona, Mr Enembe’s chronic kidney has deterorated rapidly,” reports ODIYAIWUU.com.

From army hospital to cell — emotional for family
Despite serious health concerns, on July 31 the KPK came to the Army hospital and picked up Enembe, taking him to KPK’s detention cell.

Enembe’s lawyer, Petrus Bala Pattyona, revealed an emotional atmosphere when Enembe was removed from the hospital.

His wife, siblings and other relatives who were at the RSPAD were reportedly crying.

“The governor was taken by wheelchair from his room to the ambulance,” Petrus told Kompas.com on Monday night.

Petrus said that before being picked up by the KPK prosecutors, the family had refused to sign administrative documents for Enembe’s departure from RSPAD.

“Because the person who brought Mr Enembe to the hospital was a KPK prosecutor, then they are the ones who are responsible for Mr Enembe’s discharge from the hospital,” said Pattyona.

The KPK officials signed the hospital discharge papers.

Health priority request
The governor’s lawyers asked for the unwell governor to remain in the city to prioritise his medical treatment.

In response to his deteriorating health, the governor’s legal advisory team sent a letter on Thursday, July 20, to the Jakarta District Court judges.

They requested that Lukas Enembe be granted city arrest status because of his serious life-threatening illness.

The letter was signed by the governor’s legal team, including Professor Dr OC Kaligis, Petrus Bala Pattyona, Cyprus A Tatali, Dr Purwaning M Yanuar, Cosmas E Refra, Antonius Eko Nugroho, Anny Andriani and Fernandes Ratu.

According to the governor’s senior lawyer, Professor Kaligis, the application was submitted on the grounds that Enembe’s health had not improved since he had been detained in KPK’s detention cell.

Professor Kaligis said: “Our client is suffering from many complicated, serious illnesses. His kidney disease has reached stage five, he has diabetes, and he has suffered from four strokes. He is suffering from low oxygen saturation, swelling in his legs, and other internal diseases.”

In a written statement, Kaligis said Enembe’s legal counsel requested the judges to consider bail for the governor. He pleaded with the legal authorities to empathise with Enembe’s suffering.

Suharto’s case a valuable lesson
Kaligis said that while defending the late Indonesian President Suharto, his party went to Geneva on 13 June 2000 and met with the Centre for Human Rights and specifically the Human Rights Officer, Mrs Eleanor Solo.

“During that time, I was accompanied by Dr Indriyanto Seno Adji and two members of the TVRI crew because a seriously ill individual would not be suitable to [be examined] at the trial. Regardless of accusations a person might be facing, no one should be subjected to inhumane or degrading conduct,” Kaligis said.

During Kaligis’s visit to Geneva, a human rights delegation visited the residence of Suharto, ensuring that the judge who tried Suharto, the late Chief Justice of South Jakarta State, Judge Lalu Mariun, stopped the examination after receiving a fatwa from the Supreme Court.

Because Lukas Enembe is incarcerated under the authority of a panel of judges — not the KPK — Profewsaor Kaligis said they were hopeful that the request would be granted.

According to Elius Enembe, the governor’s brother and spokesman for the governor’s family, the governor was in a critical condition.

Nothing good will come from returning him to KPK’s prison cells. This is bad news for us and given the governor requires full support in terms of care needs, KPK should be held responsible should something grave occur while under their council. The Papuan people and the world are watching. There is nothing more torturous than this.

On Wednesday, 26 July 2023, the governor had his birthday, turning 56.

What should have been a happy celebration with family and the people of his homeland was abandoned for a hospital bed.

The trial is due to resume next week.

Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.


This content originally appeared on Asia Pacific Report and was authored by APR editor.

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Coutts Four Denied Bail, in Prison in Canada for over 500 Days without Trial. Are they Political Prisoners? https://www.radiofree.org/2023/07/29/coutts-four-denied-bail-in-prison-in-canada-for-over-500-days-without-trial-are-they-political-prisoners/ https://www.radiofree.org/2023/07/29/coutts-four-denied-bail-in-prison-in-canada-for-over-500-days-without-trial-are-they-political-prisoners/#respond Sat, 29 Jul 2023 16:26:59 +0000 https://dissidentvoice.org/?p=142618 Over five hundred and twenty-five days ago, between the evening of February 13 and afternoon of February 14, 2022, four men were arrested for their participation in Freedom Convoy protests at the Alberta border town of Coutts.

They were charged with conspiracy to commit murder of police officers in support of a plot to overthrow the Government of Canada. They have been dubbed the ‘Coutts Four.’

The accused are self-employed fisherman Chris Carbert, who ran a landscaping and fencing business with nine employees. A Lethbridge, Alberta, resident, 42-year-old Carbert is a single father who has been raising his son since the boy was nine-months-old.

Another Lethbridge resident, and best friend of Chris Carbert since public school, is 49-year-old Chris Lysak. He is an electrician and father of two girls.

A third member of the ‘Coutts Four’ accused of conspiracy to commit murder is 41-year-old Jerry Morin. He is a lineman who grew up near Vulcan, Alberta. The CBC states he resided in Olds, Alberta, at the time of his arrest. The fourth accused of these serious charges is Anthony “Tony” Olienkick. Tony, age 40, took part of the clean-up in High River, Alberta, after the 2013 floods.[1] He has a gravel truck and is self-employed, and the CBC has reported his home is in Claresholm, Alberta.

The Coutts Four have been denied bail. They have remained in custody for over 525 days with a trial date yet to be set. More pretrial motions will be heard between July 25 to 28 by the crown and defence lawyers at the Lethbridge court house. Since the Magna Carta was signed in 1215, kingdoms and democracies have allowed those charged with a crime to be presumed innocent until proven guilty. With that provision has come the right to be granted bail and to a speedy trial. When citizens are accused of a crime and left to rot in prison without having their day in court, their spirits can be broken and be persuaded to agree to plead guilty even when they are innocent.

Bail Is Granted to Those Accused of Having Committed Murder, and Lesser Charges in Canada

In Canada, when someone is charged with committing a crime, they are released on bail. This includes for those charged with murder. For example, on September 2021, 31-year-old Umar Zameer was released on bail after being charged with first-degree murder of Toronto Police Constable Jeffrey Northrup.[2] In April 2022, Marlena Isnardy was released on bail after while awaiting her trial for the charge of murdering 27-year-old Matthew Cholette in Kelowna, British Columbia.[3] A case of double murder in the city of Mission in the Fraser Valley of British Columbia, concerned the deaths of Lisa Dudley and her boyfriend Guthrie McKay. Accused of first-degree murder, Tom Holden was released on bail.[4] And in March 2023, 22-year-old Ali Mian was released on bail as he awaited trial to answer to charges of second-degree murder in the shooting death of an armed intruder, 21-year-old Alexander Amoroso-Leacock.[5]

But the Coutts Four are not granted bail

Meanwhile others charged of first and second-degree murder are out on bail. What is going on here? Does the RCMP have a case that proves the accused pose a danger, if released on bail, and plan to violently overthrow of the government? Or, are their applications for bail being denied as part of political theatre within a larger government narrative to justify invocation of the Emergencies Act?

In 1166 the Assize of Clarendon ruling under England’s King Henry II established the tradition of habeas corpus (in Latin: “that you have the body”) which gave those charged with a crime a right to appear in court to defend themselves. The 1166 judgment declared, “No Freeman shall be taken or imprisoned, or be disseized of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land.”[6] And, in the Magna Carta, section 38 states “No bailiff (legal officer) shall start proceedings against anyone [not just freemen, this was even then a universal human right] on his accusation alone (on his own mere say-so), without trustworthy witnesses having been brought for the purpose.”[7] Habeas corpus rights are part of the British legal tradition inherited by Canada. The rights exist in the common law and have been enshrined in section 10(c) of the Charter of Rights and Freedoms, which states that “[e]veryone has the right on arrest or detention … to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.” While section 9(c) of the Charter states that a protected right of Canadian citizens is “freedom from arbitrary detention or imprisonment.”[8]

Former Toronto Police Sergeant Detective, Donald Best, points out that it is almost unheard of in Canada for an accused to be denied bail.

Does the denial of bail mean the four must be guilty? Consider the way the RCMP gathered evidence.

The Mounties alleged that other unknown persons were still at large and connected to the plot to overthrow the government.

Yet, the RCMP didn’t fingerprint and DNA test the firearms and other items that might have originated with ‘other unknown’ suspects. If you are an investigator, you want to identify who else might be involved in a plot. If you have a weapon, getting the fingerprints and DNA evidence can point to the identities of other persons that are suspects in the larger plot. Yet, the RCMP didn’t bag each item where it was found, and protect each item for its secure transit to a forensic lab. Best wrote on his website, “Failure of police officers to adhere to fundamentals of exhibits collection and protection doesn’t just potentially weaken the prosecution’s case, it can also deny exculpatory evidence to the defense. Many times, I have seen otherwise good officers get ‘tunnel vision’ about a suspect or an investigation, and begin to pay attention only to evidence that supports their theory of the case and the crime. These officers become so focused that they will even deliberately exclude evidence that doesn’t support their vision of events.”

Best points out in the RCMP photo of the cache of weapons ‘discovered’ by the Mounties, “Items have been arranged on the floor with five of the long-guns rather precariously leaning against the table for display. No (investigator) would normally position or store firearms in such a manner where a bump of the table might cause them to fall…” A photo of the cache of weapons “had a national impact and was used by both the media and the government as justification for invoking the Emergencies Act, and the police operations to arrest and clear Freedom Convoy protesters in Ottawa.”[9]

Background

In January 2022 Canadian mainstream media and politicians described an unruly mob headed for Ottawa. On January 26, 2022, Prime Minister Justin Trudeau told Canadians there was a “fringe minority” with “unacceptable views” coming to Ottawa in a “so-called freedom convoy.”[10] Protesters began arriving in Ottawa on January 28, with the majority arriving the following day.


Source: OffGuardian

Protest leaders worked with Ottawa Police Service Police Liaison Teams to ensure emergency lanes in downtown Ottawa remained open. On two occasions, an Ontario court ruled the protests in Ottawa could proceed. The second ruling, on February 16, 2022, took into account the protesters adhering to the February 7 injunction against honking of horns. There was no looting, no acts of actual physical violence, no smashing of windows. Numbers of police remarked about the lack of criminality. Nonetheless, inflammatory rhetoric coming from politicians and the media depicted the protesters as “terrorists,” “mercenaries,” “hillbillies,” “white supremacists,” “Nazis,” “insurrectionists,” “an unruly mob,” and more.[11]

Protest leaders held press conferences welcoming an opportunity to meet with government leaders, including public health officials. They wanted to have a discussion about the pandemic measures.

Could dialogue lead to a breakthrough, a win-win? Even when unions and management are in tough negotiations during a strike, there can be a breakthrough with an unexpected way forward to resolve matters. Face-to-face dialogue was always a first step to learn if there was a way forward. A 73-page plan by the Ontario Provincial Police included recommendations that the federal government enter into dialogue with the protesters. The government did so in 2020 when First Nations protesters disrupted rail service, ferry sailings, pipeline construction and blockaded an Ontario highway. But in 2022, the Liberal government was in no mood for dialogue. Policing agencies and even the Ontario Attorney-General had suggested the federal government engage in dialogue with the protesters. But the protesters were depicted as impossible, unreasonable people, incapable of participating in discussion.

*****
On the 31st of January 2022, the prime minister of Canada, Justin Trudeau addressed the nation regarding the Freedom Convoy protest movement at a Press Conference from an undisclosed location which was broadcast live. 

He portrayed the protesters as violent people, racists and more.

On the 2nd of February, he added another layer with a tweet. (Below, See this)

Are the protesters really what he claims them to be?

I was there for four days with my camera, I never saw or witnessed anything close to what he describes. 

Is it possible this is all made up? If it is, what is the purpose? (Jean Francois Girard)

VIDEO

At 4:30 p.m., February 14, Justin Trudeau invoked the Emergencies Act to crush the protest. Bank accounts of some hundreds of protesters were frozen.

Yet, in an effort to defuse the situation in downtown Ottawa, on February 12, 2022 protest leaders came to an agreement with the City of Ottawa to remove seventy-five percent of protest vehicles from the city between February 14th and 16th. By 12PM, February 14, 102 vehicles had been removed, according to Serge Arpin, City of Ottawa Chief of Staff to the Mayor.[12] There were other Freedom Convoy protests that emerged during the Ottawa protests. Yet, in relation to the justification to invoke the Emergencies Act, in Windsor, Ontario, protesters and police reached an agreement to clear the blockade at the Ambassador Bridge by late on February 13th. The charges against protesters in Coutts, Alberta, across from Sweetgrass, Montana, were dealt with under the existing laws of the land on the February 14.

“Comments made publicly, by public figures and in the media (about Ottawa protests) … were not premised in fact” – Supt. Patrick Morris (Ontario Provincial Police Intelligence)

After the Emergencies Act was invoked, it triggered a mandatory inquiry as prescribed in 1988 legislation passed in Parliament. A Public Order Emergency Commission (POEC) was held over six weeks in Ottawa during the fall of 2022. But the justification for invoking the Emergencies Act began to unravel as police and intelligence officers gave testimony. At 1:00 PM on February 14, 2022, prior to the Emergencies Act invocation, an Ontario Provincial Police (OPP) “Operational Intelligence Report” described  the Ottawa protest. “The mood today was again calm, festive, and family oriented. Speakers were again telling people to walk away from agitators and thanked the police for remaining calm. Many of the speakers were promoting love and peaceful protest, some even taking quotes from the Bible. Speakers were also wishing everyone a happy Valentine’s.” The memo noted there were “children on Wellington Street playing hockey.”[13]

Supt. Patrick Morris, “the foremost authority in the Province of Ontario regarding Intelligence” with the OPP testified before the POEC. He said of the protest, “ … the lack of violent crime was shocking …. If there was an actual threat, then there would have been an investigation, and if it was an actual threat, I assume the Ottawa Police Service would have laid a charge for uttering threats.”

Morris testified,

I was concerned by the politicization and I was concerned by hyperbole and I was concerned by the affixing of labels without evidence to individuals’ movements et cetera.” Morris elaborated in his testimony that his letter reflected his concern about “comments made publicly, by public figures and in the media that I believed were not premised in fact …. I was leading the criminal intelligence collection of information and the production of criminal intelligence in relation to these events. So, I believed I was in a unique situation to understand what was transpiring. So, when I read accounts that the State of Russia had something to do with it; Or that this was the result of American influence, either financially or ideologically; Or that Donald Trump was behind it; Or that it was un-Canadian; Or that the people participating were un-Canadian and that they were not Canadian views and they were extremists; I found it to be problematic, because what I ascertained from my role … I did not see validation for those assertions …. I did not see information that substantiated what was being said publicly and via the media. And I found that the subjective assertions sensationalized … and exacerbated conflict …. So the labelling was problematic to me.

Morris further stated in a letter before the POEC, “I do not know where the political figures are acquiring information on intelligence on the extent of extremist involvement.” He was emphatic, “I want to be clear on this. We produced no intelligence to indicate these individuals would be armed. There has been a lot of hyperbole around that.”[14]

OPP Commissioner Thomas Carrique, with a certificate from the University of St. Andrews in Terrorism Studies, also testified. He agreed that, “based on all OPP intelligence and the intelligence provided by the RCMP and federal intelligence agencies to the OPP…there was no credible threat to the security of Canada.” Carrique confirmed it “would be my understanding” that in order to invoke the Emergencies Act, there needs to be a “credible threat.” He agreed that the Canadian Charter of Rights and Freedoms protected citizens’ rights to assemble and protest. He agreed that this includes protesting government policies. Carrique also concurred that the trucks that were arriving in Ottawa in late January 2022 “did so at the direction of police officers.”[15]

Incendiary Allegations Made About Coutts Early into the Protest

If the comments made publicly by politicians and the media about the protests in Ottawa were “problematic, being controlled and one-sided,” was this also the case in Coutts? On February 1, 2022 Alberta Premier Jason Kenney spoke to the press and residents of the province. He stated that he’d “received reports in the last hour of people allied with the protesters assaulting RCMP officers, including in one instance trying to ram members of the RCMP, later leading to a collision with a civilian vehicle in the area. This kind of conduct is totally unacceptable. Assaulting law enforcement officers who are simply doing their job to maintain public safety and the rule of law is completely unacceptable. And without hesitation, I condemn those actions …. ”[16]

But in a documentary titled Trucker Rebellion: The Story of the Coutts Blockade, Rebel News reporters Kiane Simone and Sydney Fizzard learned that Premier Kenney’s statements were not accurate. Simone spoke on his cell phone with RCMP Corporal Curtis Peters. The officer clarified, “There were no physical altercation(s) between RCMP officers and protesters. Yesterday, when we had protesters go around and breach the road block set up on Highway 4 to the north, there was some public safety concerns and officer safety concerns that took place there. Vehicles travelled through, drove through fields to get around the road block and then onto Highway 4. They were travelling southbound on Highway 4 in the northbound lanes. And that was happening at the same time we had a few vehicles leaving the protest and travelling northbound in the northbound lanes. So, we had a traffic-meeting head-on on the double-lane highway there. And we did have a collision take place. A head-on collision occurred as a result of all this between a person trying to reach the blockade and a person who was just travelling north on the highway. And fortunately, it was a relatively minor collision. But a confrontation which led to an assault took place as a direct result of that collision.”

Kiane Simone asked, “was that an assault on an RCMP officer?” Peters replied, “No. That was an assault between two civilians, between a protester and a civilian.” Kian Simone pressed, “So, Jason Kenney’s statement was not true at the press conference.” RCMP Corporal Peters emphasized, “I can tell you what I just told you, sir. You can have my name. It’s Corporal Curtis Peters. I’m the spokesperson here. My badge number is 5-2-9-5-7.”[17]

The Coutts Four in the Headlines

On February 14, 2022 the RCMP issued a press release regarding arrests in Coutts. It included a photo of an RCMP vehicle in the background, and a table in the foreground. Leaning against, on and below the table were weapons the RCMP said it “discovered” in “three trailers associated to this criminal organization.” The weapons they seized included 13 long guns, several handguns, multiple (three) sets of body armour, a machete, and high-capacity magazines. The press release did not name any of the individuals or the charges against them.[18] Global News carried the story later that day, and a reporter spoke to Alberta RCMP Supt. Roberta McHale. She said, “There was a heavy stash of weapons and these weapons were brought by people who had the intent on causing harm.” She announced that the RCMP were investigating a range of charges, including conspiracy to commit murder. McHale added, “This was a very complex, layered investigation, and some people might ask why it took so long. These investigations aren’t necessarily easy.”[19]

On February 17, 2022 the Toronto Star ran this headline: “Father of accused in alleged Coutts blockade murder conspiracy says son was radicalized online, as others dispute RCMP narrative.” Mike Lysak, whose son Chris is one of the Coutts Four, was reported to have expressed his frustration watching his son “fall further and further into an online world of COVID-19 misinformation.” The Toronto Star claimed Mike Lysak said his son had become involved in the Diagolon group.[20] But, Granny Mackay, a guest on the Good Morning with Jason podcast, rejects that narrative. She has let me know that after the Toronto Star ran their story, Mike Lysak was upset. He said the newspaper twisted his words.

Global News had reported on February 15 about tweets by the Canadian Anti-Hate Network which stressed that RCMP had seized “a plate carrier with Diagolon patches.” The tweets described Diagolon as “an accelerationist movement that believes a revolution is inevitable and necessary to collapse the current government system.” Deputy Director for Anti-Hate, Elizabeth Simmons, warned about Diagolon. “A lot of them claim to be ex-military and … have some kind of military training.” She added, “this is a very anti-Semitic group. It’s rife with neo-Nazis.” She pointed to the February 3, 2022 arrest in Nova Scotia of Jeremy MacKenzie on firearms charges.[21]

A Global News story on February 3, 2022 described Jeremy MacKenzie as the “creator of Diagolon.” An RCMP warrant to search MacKenzie’s home in Pictou, Nova Scotia on January 26, 2022 referred to a video where MacKenzie spoke about “Diagolona.” RCMP contended that MacKenzie intended to create a new nation from Alaska to Florida made up of the provinces and states with the fewest pandemic restrictions. MacKenzie, a Canadian Armed Forces veteran of the Afghanistan War, attended some of the Freedom Convoy protest in Ottawa. But his firearms charges are not related to the Freedom Convoy. MacKenzie had a firearms license, but it was alleged he had an over-capacity magazine.[18] At the time the news story was reported, the Freedom Convoy protests were less than a week old. But, the headline, “Man who attended Ottawa protest convoy arrested on firearms charges,” inferred that the people protesting on Parliament Hill were violent. And now, here were followers of Jeremy MacKenzie in Coutts who were allegedly also violent.[22]

Radio-Canada reported on February 17, 2022 about the names of those who were charged. Chris Carbert and Chris Lysak were described as people who have ties to Jeremy MacKenzie, of the “American-style militia movement” Diagolon, a “neo-fascist, white supremacist” and “violent insurrectionist movement.” The news story contended it was the aim of Diagolon to “establish a white nationalist state … that would run diagonally from Alaska through westerns Canada’s provinces, all the way south to Florida.” The news story cited a Facebook post in October 2021 by Carbert where he said he was “prepared to die in protest of government mandates.” Carbert apparently posted, “I’ll likely be dead soon and likely will be front page news … I will die fighting for what I believe is right and I mean this.” He added in another post, “I won’t live long. I’ve come to terms with this.” Radio-Canada stated that “Carbert has prior convictions for assault, drug trafficking and two drunk driving convictions.” However, Granny Mackay has learned from Chris Carbert that he was never convicted of assault. Another man picked a fight with him in a bar. Carbert was given a conditional sentence. He has no record of an assault conviction. The drug charge in question concerns getting some ecstasy for a friend when he was in his early 20s. Both happened prior to 2004. Jerry Morin posted on February 13, 2022 “This is war. Your country needs (you) more than ever now.”[23]

On April 25, 2022 the CBC reported that crown prosecutors Aaron Rankin and Matt Dalidowicz stated that the plan was to try all four men in one trial. Daldiowicz told the CBC that the cases for Carbert, Olienick and Morin were “moving quickly.” But there were complications with the Lysak case.[24] The Lethbridge Herald reported on June 10, 2022 that three of the Coutts Four had been denied bail, with Jerry Morin awaiting his bail hearing.[25]

In early September 2022, some of the contents of the Information To Obtain search warrant by RCMP Constable Trevor Checkley was made public in the press. The warrant in question was the one granted by an Alberta judge to allow RCMP officers to search properties. This was due to Checkley’s urgent request and belief that a serious crime was about to be committed. In the ITO, Checkley swore before the judge, “I have reasonable grounds to believe that (Tony) Olienick, (Chris) Carbert and (Jerry) Morin were part of a group that participated in the Coutts blockade and brought firearms into the Coutts blockade area with the intention of using those firearms against police.” The officer attested that “I believe (these protesters were) arming themselves for a standoff against police.”[26]

On November 30, 2022 the Calgary Herald ran the attention-getting headline “Some Coutts protesters wanted to alter Canada’s political system.” Allegedly, in conversations with undercover officers, RCMP Constable Trevor Checkley stated Anthony “Olienick described (Christopher) Lysak as a hitman, sniper and gun-fighter.” Checkley emphasized that Jerry “Morin said it was World War Three and that stripping freedoms and making everyone slaves was warfare.”[27] The next day, the CBC ran a story about how the Coutts Four were making calls while in custody directly to their bosses in “the extremist network called Diagolon.” It was inferred that bosses outside of Coutts who were directing the Coutts Four to agitate for a new order.[28]

On the Good Morning with Jason podcast, a woman named Danielle who has attended the pretrial motions in June 2023 spoke about the media coverage. A regular guest on the Good Morning with Jason show, Danielle observed “ever since Christmas (2022) mainstream media has been very, very quiet about this. Global News hasn’t reported a single thing on it (since December 2022). There’s been absolute crickets.” Jason Lavigne spoke to a staff member of the Western Standard in Alberta, who is also a friend. In addition to the publication ban requested by the defense to protect the jury pool process, there is also some sort of gag order related to the media. Lavigne’s contact at the Western Standard, who he spoke with in July 2023, is not at liberty to discuss this any further.[29]

Coutts Protests, Arrests, on the A-list to Justify Invocation of Emergencies Act

Testimony by numbers of government officials at the POEC pointed to the protests at Coutts as being on the A-list of events triggering the Emergencies Act. Clerk of the Privy Council, Janice Charette, raised the alarm about the protests in Coutts in the context of discussing the conversation about whether to invoke the Emergencies Act. “We were seeing the results of the law enforcement activity and what was happening at Coutts and we were seeing the size of the stash of firearms and ammunition that were found in Coutts amongst the protesters. So, this was new and I would say relevant information in terms of just the nature of the threat that we were worried about in terms of the risk for serious violence.”[30] Charette testified that “the situation at Coutts was more complex … It looked like it was getting fixed, then it was not getting fixed; looked like it was getting fixed, then it was not getting fixed …. The quantity of weapons and ammunition that was discovered by the RCMP conducting that law enforcement activity was more than I would have expected. So that, to me, indicated a seriousness and a scale of the illegal activity that was either contemplated at Coutts or people were ready to engage in at Coutts … that was beyond … my prior expectations …. ” When discussing the Freedom Convoy protests across Canada, including Coutts, Janice Charette warned of insurrectionist intentions. “There was talk of overthrowing the government and installing a different government with a governor general …. ” [31]

Deputy Clerk of the Privy Council, Nathalie Drouin, was asked if she knew that the protesters in Coutts intended to leave the area. “Well, I was not aware of that. No, that’s not true. I have heard about the potential breakthrough in Coutts. …prior to the enforcement action, we didn’t know about the cache.”[32] Prime Minister Justin Trudeau explained one of the reasons invoking the Emergencies Act was on the table “was (the) presence of weapons at Coutts …. ” Trudeau complained that once Premier Jason Kenney removed “a number of mandates” in Alberta, “the occupation at Coutts seemed to be emboldened … ‘Let’s keep going.’” Trudeau also revealed under cross examination that he had been considering invoking the Emergencies Act in response to the Freedom Convoy protests “from the very beginning.”[33]

National Security Advisor to the Prime Minister, Jody Thomas, reflected in the decision-making process on the road to invoking the Emergencies Act. Regarding “acts of serious violence,” can that include “the violence that people … of Ottawa were experiencing on the streets, … the inability of the Town of Coutts to function, is that a line? … There is a spectrum of activity and behaviour and threat in there that we need to understand …. ”[34]

One of the Liberal cabinet ministers who cited the situation in Coutts as a catalyst in the A-list of reasons to invoke the Emergencies Act was Public Safety Minister Marco Mendicino. He testified that “not knowing exactly how it was that the operation in Coutts was going to play out at that time, and bearing in mind the sensitivities, the fact that the situation was combustible, that the individuals that were involved in Coutts were prepared to go down with a fight that could lead to the loss of life, that if that had happened and that occurred, it still remains an open question in my mind as to whether or not it would have triggered other events across the country. And so that’s why I – in my mind, it was very much – it was a threshold moment.”[35]

In her testimony before the POEC, Deputy Prime Minister Chrystia Freeland spoke about the protests in Coutts as accelerating the sense that the government had to respond decisively to the Freedom Convoy. She recalled that on February 12, 2022 when “we heard from the RCMP Commissioner about concerns that there were serious weapons in Coutts. …that really raised the stakes in terms of my degree of concern about what could be happening in this sort of whack-a-mole copycat situation across the country.” [36] Minister of Emergency Preparedness, Bill Blair, also echoed this view in his testimony before the POEC on November 21, 2022.

The mayor of Coutts, Jimmy Willet, also testified before the POEC on November 9, 2022. A text was entered as evidence from Mayor Willett to CTV reporter Bill Graveland. In it the mayor described the protesters in Coutts as “Domestic Terrorists.” But told Graveland in the text “You need to find someone in a protected position to call these guys what they are, Domestic Terrorists. Won’t be me. They are right outside my window. I would be strung up, literally. Just a thought.” He stated that his wife saw some protesters “moving heavy hockey bags” and said “it’s guns.”[37] Why the mayor’s wife presumed the hockey bags contained guns has not been followed up by any reporters.

Jeremy MacKenzie and Diagolon

On Tom Marazzo’s Meet Me in the Middle podcast in June 20, 2023, Jeremy MacKenzie spoke about his February 3, 2022 arrest in Nova Scotia. “They tried to play it up that I was in hiding. I had lawyers who were trying to talk to these people. What is going on. They flew four RCMP officers on their own planes and flew it from Saskatchewan to Halifax, where I spent six days in solitary confinement. And then flew me out to Saskatchewan in chains and ankle and arms and belly chains. And then I did two and a half months in jail in Saskatchewan before I could get bail. I have no criminal record. Never convicted of anything. And there was a murder while I was there, a woman stabbed another woman at a dance club. She was out on bail the next day. But, I’m too dangerous to be let out. And if it wasn’t for my lawyers and my legal team, I’d probably still be in there … on a common assault charge.” The common assault charge relates to an incident in Saskatchewan in November 2021, and not anything connecting MacKenzie to the Freedom Convoy protests. He told Tom Marazzo on the podcast that sixteen months after the protests in the winter of 2022, “I still to this day have not been asked a single question by the RCMP or CSIS … regarding any of this (Diagolon).” MacKenzie asserted that the government of Canada needed a scapegoat to justify invoking the Emergencies Act.[38]

At the POEC, MacKenzie testified from his prison cell in Saskatchewan Correctional Centre. MacKenzie confirmed that in January 2021 he drew a diagonal line on his cell phone from Alaska, through Alberta and Saskatchewan, through the Dakotas, down to Texas and across to Florida and named it Diagolon. It became a brand name for followers on his podcasts. He made a plastic goat figurine, named Philip, the vice-president of Diagolon. Philip, he explained to his viewers was a demonic time-travelling, cocaine addict. He pointed out that the official narrative about Diagolon as “militia” and “extremist, has come from the largely government-funded Canadian Anti-Hate Network. MacKenzie observed how Anti-Hate posts scary articles about Diagolon which both the media and the police take at face value.[39] While in Ottawa, Jeremy MacKenzie posted that he wanted any of his followers at Freedom Convoy protests “If there’s a speed limit (go) slower than that. Don’t even litter. Don’t sit. Don’t even throw a snowball. Don’t give anyone any excuse to point at you and say, ‘Look what you’ve done.’”[40]

In his testimony, MacKenzie confirmed that he had met Chris Lysak in person at a meet-and-greet in Saskatchewan in the summer of 2021, and at a BBQ where people were having steak on the grill. MacKenzie spoke to Lysak sometime after the charges for conspiracy to commit murder. He confirmed that the patches on some tactical vests looked like Diagolon patches. But that anyone could have made them and sold them. “I really can’t speak to their origins,” stated MacKenzie. Though he did not claim that the RCMP might have planted the Diagolon patches on the tactical vests discovered among the weapons cache in Coutts, MacKenzie stated “law enforcement (in) Canada has a history of things like this taking place. It’s not outside the realm of possibility … Could it be planted? … I would leave that open to possibility.”[41] During POEC testimony, it was confirmed that Jeremy MacKenzie has no criminal record.

A reasonable person might conclude that an organization whose vice-president is a plastic goat figurine that does time-travelling and has a narcotics addiction should not be taken seriously. Anymore, than a friend at a bar having one too many announces “one day I’ll be Prime Minister.” How might the United States government view an attempt to trigger the secession of 26 states from Alaska, and Idaho across to the Atlantic coast from Virginia to Florida?

But police and intelligence in Canada in 2021-2022 took every statement on Jeremy MacKenzie’s podcasts at face value. If Jeremy MacKenzie read the story of Goldilocks and the Three Bears, would Canadian law enforcement issue an all-points-bulletin to be on the lookout for a little girl with blonde hair on charges of breaking and entering, and damaging personal property of the Bear family?

What Sparked the Protests?

As I have written in previous articles, the Freedom Convoy protests began in response to the Canadian government ending the truck driver exemption from vaccination in order to cross the Canadian border. [42] Truck drivers had enjoyed an exemption since the start of the pandemic were hailed as heroes by Prime Minister Trudeau. No data about COVID-19 spread and truck drivers was presented to the House of Commons Health Committee in January 2022. The infection fatality rate for Covid-19 was about 0.25%.[43]


Source: Children’s Health Defense

For truck drivers entering the United States, Labor Secretary Marty Walsh clarified the Biden Administration’s new regulations. “The ironic thing is most truckers are not covered by this, because they’re driving a truck, they’re in a cab, they’re by themselves, they wouldn’t be covered by this,” Walsh said. Though often framed as equivalent to Canadian mandates for truck drivers, American mandates were less restrictive. The US Administration mandate exempted workers “who do not report to a workplace where other individuals such as coworkers or customers are present.”[44] And there were no vaccine requirements for truck drivers entering Mexico. Canadian truck drivers were not being deprived of making a living due to regulations in the United States. During the pandemic, with other nations concerned about healthy economies and supply chains, Canada was an outlier in its vaccine restrictions for truck drivers.

Original Search Warrant Listed Only Mischief Over $5,000, No Mention of Weapons or Conspiracy to Commit Murder

A Search Warrant was issued on February 13, 2022 to RCMP Constable Trevor Checkley. The search was granted, effective 10PM, February 13th, due to the officer’s sworn oath that he had reasonable grounds to suspect “Mischief Over $5,000.” The warrant was not issued on “weapons charges” or “conspiracy to commit murder.” The search stated officers could search for “Documents and data related to planning organization and operations of the protest group’s security for the Coutts blockade.” A question the lawyers for the Coutts Four need to determine is if it is legitimate to have a search warrant for a minimum charge; if the RCMP believes a far more serious crime is about to unfold, but not name it in the search. Donald Best, a former Sergeant (Detective) with the Toronto Police, highlights that in order to get a search warrant, there are affidavits and likely photos presented to the judge to support the Information To Obtain search. [45]

Behaviour of Those Arrested Resembled Ordinary Citizens, Not Domestic Terrorists

On the Good Morning with Jason podcast, a local woman named Danielle, summarized the arrests of the Coutts Four. The first person to get arrested was Christopher Lysak at 9PM, on February 13, 2022, “in front of Smuggler’s” Saloon, in Coutts. This was in front of many other protesters. When Anthony Olienick learned that Lysak might have been arrested, “he began videotaping and posting online saying he wished the cops would put their guns down and come and have coffee with us.” What Olienick did not do was head off and grab a bunch of guns and start a standoff with the police. Then Olienick was arrested about 9:50 PM. This was “in amongst the protesters.” Danielle reports that “Chris Carbert was sleeping in his trailer when they (RCMP) did the raid on the property …. He also knew the other two had been arrested.” Yet, Carbert chose to go to bed. He didn’t try to overthrow the government. He was arrested around 12:30 AM on February 14, 2022. Later that day, after having gone to work in Calgary, Jerry Morin was arrested by the RCMP about 12PM. At the time of his arrest, Morin knew the other three had been arrested. All of the Coutts Four were unarmed when they were arrested. None of them were running or hiding.

Retired police sergeant Donald Best flags several problems with the timeline of arrests. “This is all politically driven. They (several Liberal cabinet ministers) knew about it in Ottawa before the warrant went down. We saw that from the Commission (POEC). … that means the politicians on the political side of this were involved in the creation of, and the timeline, and the date and time of execution; and if all that is true, and I believe it is … these men deserve to see their day in court. And they deserve to be out with an ankle bracelet, or whatever.[46]

Commenting on the cache of weapons displayed by the RCMP on February 14, 2022, local gun owner Zach Schmidt made these observations. “This is not what I would be choosing if I were to hypothetically (try) to take down the RCMP.” There were about 50 RCMP vehicles in the Coutts vicinity and so about a hundred officers …. This just looks like someone’s basement was raided. Numbers of the guns are rifles that would be better for hunting deer. There are no sniper rifles, no precision rifles. They’re just run-of-the-mill hunting guns …. ” Donald Best added, “When the RCMP were investigating the multiple shooting in Nova Scotia (in 2022), the lead investigators refused to release the types and photos of the weapons involved. Why? Because they’re in the middle of an investigation. They want to know where they came from. Contrast that with the RCMP action in Coutts.”[47]

There are some instances in the past where the RCMP have created a threat, or impeded ongoing investigations. On July 1, 2013 there were reports that a plot to bomb the British Columbia legislature had been averted by the RCMP. Offices acting undercover, with the support of over 200 staff working to prevent the plot, saved the day and caught the plotters red-handed. Or so the public was led to believe. When the case went to court it turned out that the RCMP was in the spotlight, and uncomfortably so. The CBC headline reported, “RCMP entrapment of B.C. couple in legislature bomb plot was ‘travesty of justice,’ court rules: John Nuttall-Amanda Korody’s convictions had been stayed due to entrapment, abuse of process.”[48]

In her verdict, Justice Catherine Bruce wrote, “Simply put, the world has enough terrorists. We do not need the police to create more out of marginalized people who have neither the capacity nor the sufficient motivation to do it themselves.” Bruce made clear that the RCMP had not foiled a pre-existing plan. The couple in the RCMPs crosshairs were not terrorists. They were not people with capacities that terrorists might want to recruit. Said Bruce, “This is truly a case where the RCMP manufactured the crime.”[49]

Writing for The Tyee, Bill Tieleman asked:

Why did the RCMP create the July 1, 2013 B.C. Legislature bomb plot and train and equip a hapless, methadone-addicted, developmentally challenged couple to undertake terrorist actions? And why did the RCMP also break Canada’s laws in doing so? Money. Lots and lots of money. John Nuttall and Amanda Korody were freed Friday after three years in jail thanks to a stunning decision that saw a respected judge condemn the RCMP in the strongest terms possible, while overturning a jury’s guilty verdict on terrorism changes because the Surrey couple were “entrapped” by police, who also committed an “abuse of process.”…

So why did the RCMP take such obviously reprehensible actions? What was their motivation in turning two sad, naïve recovering heroin addicts who barely left their basement apartment into Canada’s most famous terrorists? To get government money for its huge operations. The RCMP has a $2.8-billion annual budget and more than 29,000 employees. It depends on the federal government for its funding – and counterterrorism dollars depend on results, as I wrote in The Tyee in 2013 after covering the first court appearances of Nuttall and Korody. The RCMP is also competing with the Canadian Security Intelligence Service for financial support, so it is highly motivated to show public success. And in the RCMP’s Departmental Performance Report one of the major “expected results” is “Terrorist criminal activity is prevented, detected, responded to and denied.”

In the absence of real terrorist plots to foil, the case of Nuttall and Korody indicated the RCMPs work can include manufacturing plots in order to foil them. From the success of these sting operations, the RCMP gets favorable media coverage and a subsequent boost in future yearly budgets. As long as they don’t get caught. [50]

In the past, the RCMP have engaged in policing to advance the political agendas of those in the federal government. The Halifax Examiner ran this headline in June 2022: “RCMP Commissioner Brenda Lucki tried to ‘jeopardize’ mass murder investigation to advance Trudeau’s gun control efforts.” The paper reported:

“RCMP Commissioner Brenda Lucki “made a promise” to Public Safety Minister Bill Blair and the Prime Minister’s Office to leverage the mass murders of April 18/19, 2020 to get a gun control law passed.” RCMP in Nova Scotia were left out of the loop regarding numbers of victims and release of information. The article detailed how “Contravening the agreed protocol, throughout the early hours of Sunday evening, RCMP Commissioner Brenda Lucki agreed to a number of one-on-one interviews with reporters. At 7:36PM, CBC News quoted Lucki as stating there were 13 victims; at 7:40PM, CTV reported Lucki had said 14 victims; and at 7:56PM, the Canadian Press quoted Lucki as having confirmed 17 dead, including the gunman. The public and the press corps were both confused and alarmed.

“So how does it happen that Commissioner Lucki …. ?” Mass Casualty Commission lawyer Krista Smith started to ask Communications director Lia Scanlan during an interview last February. “I don’t know, ask National Headquarters,” retorted Scanlan. “The commissioner (Lucki) releases a body count that we (Communications) don’t even have. She went out and did that. It was all political pressure. That is 100% Minister Blair and the Prime Minister. And we have a Commissioner that does not push back.” [51]

During the FLQ Crisis in the fall of 1970, the RCMP was found to have engaged in illegal activities. As the McDonald Commission Report of 1981 found, the RCMP forged documents, was involved in the theft of the membership list of the Parti Quebecois, several break-ins, illegal opening of mail, and the burning a barn in Quebec.[52] The McDonald Commission recommended revisions to the War Measures Act. These were tabled by Perrin Beatty in Parliament in July 1988 as the Emergencies Act.

Discrepancies in Disclosure Pointed to During Pretrial Motions

Pretrial motions were heard at the Lethbridge, Alberta courthouse between June 12 and 29. At one point, there was an animated discussion between the judge, lawyers for the accused, and the Crown. One of those attending was a local woman named Danielle, who spoke to Jason Lavigne on his podcast on July 13, 2023. She described how “the Crown kept talking about the solicitor-client privilege.” A lawyer for one of the accused stopped them after a while. This lawyer said ‘Listen. This might not be the case that there’s evidence of unlawful activity. We’re talking about disclosure that has been discovered.’” Danielle described how the Crown had dumped thousands of pages of disclosure at the last minute on the defence. There was mention of “inadvertent disclosure” on a number of occasions. Danielle told Jason Lavigne, “I don’t believe they (defence lawyers) were supposed to have found it. I think she kind of found it. And she got excited that she found it. And then everybody got a lot more excited after the content of that was more apparent to them. Again, we’re not privy to exactly what’s in that conflict of disclosure. The Crown mentioned that due to the content, the disclosure conflicted not only about the disclosure. It is also in regards to two of the crown prosecutors …. This application (by the defence) coming up, (two) Crown prosecutors are going to have to be witnesses. So, they (the prosecutors who are representing the case for the Crown) are going to be part of the hearing.” This opens up the possibility that some Crown prosecutors may be defendants at some point in relation to this case.

Danielle described to Jason the importance of this moment during the pretrial motions. The defence made an application to the court during disclosure. It related to the cross examination of one of the witnesses as the case against the accused was being built. Danielle, stated, “There were notes. There were scribbled notes in one book. And there were scribbled notes in another book from the scribes that were hired for this person (witness). And there was also another scribe that had been hired that had … typed notes. … it was discovered that the typed notes were never submitted to the defence counsel. However, the witness had testified “I’ve given the Crown everything that I have.” So, it was discovered that there was a large pile of typed notes. What was problematic is the content of the scribbled notes, and the content of the typed notes contain crucial discrepancies. The defence was excited about this inadvertent discovery. What can explain these discrepancies? Were the typed notes exculpatory evidence helpful to the defense? [53]

Another guest on the Good Morning with Jason podcast Margaret “Granny” Mackay has also attended the pretrial motions in June. She also witnessed the astonishing developments in the court house that Danielle described to viewers of the podcast on July 13, 2023.

On the Good Morning with Jason podcast on July 24, Danielle discussed notes she took from the pretrial motions on June 29. That day one of the Crown prosecutors agreed to recuse themselves from the case. [54]

A Facebook group has sprung up under the name Alberta Political Prisoners. The RCMP and the Crown present themselves as having a solid case to convict the four accused on conspiracy to commit murder. But this may not be the case. It’s plausible that the case for the Crown is thin at best, as has been the case for the Trudeau governments justification for invoking the Emergencies Act. After over five hundred days without bail, more people are starting to pay attention to this case that’s been largely ignored by the media.

Chris Carbert has been leading a Bible study in the remand centre early into his custody. Jerry Morin has been leading other inmates in yoga classes. One of the guards told Morin after he’d been in custody for a few weeks, “This is weird. We were expecting a lot of different behaviour from you. We thought that you were a white supremacist.”[55] The four men in custody on conspiracy charges are looking less like insurrectionists, and more like political prisoners in Justin Trudeau’s Canada.

  • Published on Global Research. This article was originally published on Propaganda in Focus.
  • ENDNOTES

    [1] “High River residents grateful for yard cleanup months after flood,” CBC, June 1, 2014. https://www.cbc.ca/news/canada/calgary/high-river-residents-grateful-for-yard-cleanup-months-after-flood-1.2661368

    [2] Lieberman, Caryn, “Suspect charged in connection with death of Toronto officer granted bail,” Global News, September 22, 2021.https://globalnews.ca/news/8212220/umar-zameer-bail-jeffrey-northrup-toronto-police/

    [3] Geleneau, Jacqueline, “Kelownna woman charged with murder released on bail,” Kelowna Capital News, April 28, 2022.https://www.kelownacapnews.com/news/kelowna-woman-charged-with-murder-released-on-bail/

    [4] “Accused in Mission double murder released on bail,” CBC, October 17, 2013.https://www.cbc.ca/news/canada/british-columbia/accused-in-mission-double-murder-released-on-bail-1.2101838

    [5] McDonald, Catherine, “Milton, Ont. Man accused of murdering armed intruder released on bail,” Global News, March 2, 2023.https://globalnews.ca/news/9523161/milton-man-home-invasion-shooting-bail/

    [6] Henderson, Ernest F, “Assize of Clarendon, 1166,” in Select Historical Documents of the Middle Ages, (London, George Bell and Sons, 1896). https://avalon.law.yale.edu/medieval/assizecl.asp

    [7] Magna Carta, 1215, Section 38 https://magnacarta.cmp.uea.ac.uk/read/magna_carta_1215/Clause_38

    [8] “Canadian Charter of Rights and Freedoms,” Constitution Act of 1982, 1982. https://laws-lois.justice.gc.ca/eng/const/page-12.html

    [9] Best, Donald, “Denying Bail to Coutts Four is a Political Decision and Act,” Donaldbest.ca, July 8, 2023 https://donaldbest.ca/denying-bail-to-the-coutts-four-is-a-political-decision-and-act/

    [10] Gilmore, Rachel, “’Fringe minority’ in truck convoy with ‘unacceptable views’ don’t represent Canadians: Trudeau,”Global News, January 26, 2022. https://globalnews.ca/news/8539610/truckerconvoy-covid-vaccine-mandates-ottawa/

    [11] Farrow, Anna, “I Saw A Mob; It Wasn’t the Truckers,”Catholic Register, January 31, 2022 https://www.catholicregister.org/opinion/guestcolumnists/item/33985-i-saw-a-mob-it-wasn-ttruckers

    [12] “Mr. Serge Arpin, Sworn,” Public Order Emergency Commission, Ottawa, October 17, 2022, 194-329. https://publicorderemergencycommission.ca/files/d ocuments/Transcripts/POEC-Public-HearingsVolume-3-October-17-2022.pdf

    [13] Wilson, Pete, “Police Called Convoy Protest ‘Calm, Festive’ on Same Day Emergencies Act Was Invoked: Internal Memo,” Epoch Times, November 3, 2022. https://www.theepochtimes.com/police[called-convoy-protest-calm-festive-on-same-dayemergencies-act-was-invoked-internalmemo_4839848.html](https://www.theepochtimes.com/police-called-convoy-protest-calm-festive-on-same-day-emergencies-act-was-invoked-internal-memo_4839848.html)

    [14] “Supt. Patrick Morris, Sworn,” Public Order Emergency Commission, Ottawa, October 19, 2022, 184-305. https://publicorderemergencycommission.ca/files/d ocuments/Transcripts/POEC-Public-HearingsVolume-5-October-19-2022.pdf

    [15] “TDF Litigation Director questions OPP Supt. Carson Pardy,” The Democracy Fund, October 21, 2022. https://www.thedemocracyfund.ca/tdf_litigation_di rector_questions_opp_pardy

    [16] Joannou, Ashley, “Kenney calls for calm, says RCMP officers assaulted at Coutts border,”Edmonton Journal, February 2, 2022. https://edmontonjournal.com/news/local-news/kenney-calls-for-calm-says-rcmp-officers-assaulted-at-coutts-border-crossing

    [17] Simone, Kiane and Fizzard, Sydney,Trucker Rebellion: The Story of the Coutts Blockade, Rebel News, August 19, 2022. https://rumble.com/v1glv1z-trucker-rebellion-the-story-of-the-coutts-blockade.html

    [18] “Alberta RCMP make arrests at Coutts Border Blockade,” RCMP, February 14, 2022. https://www.rcmp-grc.gc.ca/en/news/2022/alberta-rcmp-make-arrests-coutts-border-blockade

    [19] Gibson, Caley, “RCMP arrest 13 people, seize weapons and ammunition near Coutts border blockade,” Global News, February 14, 2022. https://globalnews.ca/news/8618494/alberta-coutts-border-protest-weapons-ammunition-seized/

    [20] Leavitt, Kieran and Mosleh, Omar, “Father of accused in alleged Coutts blockade murder conspiracy says son was radicalized online, as others dispute RCMP narrative,”Toronto Star, February 17, 2022. https://www.thestar.com/news/canada/2022/02/17/father-of-accused-in-alleged-coutts-blockade-murder-conspiracy-says-son-was-radicalized-online-as-others-dispute-rcmp-narrative.html

    [21] Tran, Paula,“Anti-hate experts concerned about possible neo-fascist involvement at Alberta trucker convoy,” Global News, February 15, 2022. https://globalnews.ca/news/8621125/canadian-anti-hate-network-concerned-diagolon-coutts-border-protest-diagolon/

    [22] Bell, Stewart, “Man who attended Ottawa protest convoy arrested on firearms charges,” Global News, February 3, 2022. https://globalnews.ca/news/8593064/ns-man-ottawa-convoy-protest-firearms-charge/

    [23] “The Coutts 13: New details on the men and women arrested at border blockade,” Radio-Canada, February 17, 2022. https://ici.radio-canada.ca/rci/en/news/1862953/the-coutts-13-new-details-on-the-men-and-women-arrested-at-border-blockade

    [24] Grant, Meghan,“4 men accused of conspiring to murder RCMP officers to be tried together: prosecutors: Chris Lysak, Chris Carbert, Anthony Olienick, Jerry Morin charged after Coutts protests,” CBC, April 25, 2022. https://www.cbc.ca/news/canada/calgary/coutts-border-protest-conspiracy-to-murder-trials-1.6430369

    [25] Shurtz, Delon, “Bail denied for accused in Coutts conspiracy case,”Lethbridge Herald, June 10, 2022. https://lethbridgeherald.com/news/lethbridge-news/2022/06/10/bail-denied-for-accused-in-coutts-conspiracy-case/

    [26] Martin, Kevin, “Arming for a standoff against police,” Regina Leader-Post, Regina, SK, September 8, 2022. https://www.pressreader.com/canada/regina-leader-post/20220908/281711208483474

    [27] Martin, Kevin, “Some Coutts protesters wanted to alter Canada’s political system,”Calgary Herald, November 30, 2022. https://calgaryherald.com/news/crime/some-coutts-protesters-wanted-to-alter-canadas-political-system-court-documents-say

    [28] Ward, Rachel and Grant, Meghan, “Bosses of Alberta men accused in plot to murder Mounties still under investigation, court docs suggest,” CBC, December 1, 2022. https://www.cbc.ca/news/canada/calgary/coutts-protest-blockade-border-ito-documents-unsealed-1.6670025

    [29] Lavigne, Jason, “The Coutts Four | Day 515,” Good Morning with Jason podcast, July 13, 2023. https://www.youtube.com/watch?v=w4wdeUOWqnQ&t=44s

    [30] “Ms. Janice Charette, Sworn, Ms. Nathalie Drouin, Affirmed,” Public Order Emergency Commission, Ottawa, November 18, 2022, p. 163. https://publicorderemergencycommission.ca/files/documents/Transcripts/POEC-Public-Hearings-Volume-26-November-18-2022.pdf

    [31] Ibid, pp. 183-184.

    [32] Ibid, pp. 296-297.

    [33] “Prime Minister Justin Trudeau, Affirmed,” Public Order Emergency Commission, Ottawa, November 25, 2022, 52, 76, 42. https://publicorderemergencycommission.ca/files/documents/Transcripts/POEC-Public-Hearings-Volume-31-November-25-2022.pdf

    [34] “Ms. Jody Thomas, Sworn,” Public Order Emergency Commission, Ottawa, November 17, 2022, p. 225. https://publicorderemergencycommission.ca/files/documents/Transcripts/POEC-Public-Hearings-Volume-25-November-17-2022.pdf

    [35] “Minister Marco Mendicino, Sworn,” Public Order Emergency Commission, Ottawa, November 22, 2022, p. 168. https://publicorderemergencycommission.ca/files/documents/Transcripts/POEC-Public-Hearings-Volume-25-November-17-2022.pdf

    [36] “Deputy PM Chrystia Freeland, Sworn,” Public Order Emergency Commission, Ottawa, November 24, 2022, https://publicorderemergencycommission.ca/files/documents/Transcripts/POEC-Public-Hearings-Volume-30-November-24-2022.pdf

    [37] “Mayor Jimmy Willett, Sworn,” Public Order Emergency Commission, Ottawa, November 9, 2022, pp. 29, 31-32. https://publicorderemergenncycommission.ca/files/documents/Transcripts/POEC-Public-Hearings-Volume-20-November-9-2022.pdf

    [38] Tom Marazzo, “Jeremy MacKenzie Interview,” Meet Me in the Middle podcast, June 21, 2023.https://rumble.com/v2v7xfk-tom-marazzo-jeremy-mackenzie-pt-1-excerpt-2-meet-me-in-the-middle-podcast.html

    [39] “Mr. Jeremy Mitchell MacKenzie, Affirmed,” Public Order Emergency Commission, Ottawa, November 4, 2022, pp. 151-152, 157, 218. https://publicorderemergencycommission.ca/files/documents/Transcripts/POEC-Public-Hearings-Volume-17-November-4-2022.pdf

    [40] Ibid, p. 164.

    [41] Ibid, p. 176-193.

    [42] McGinnis, Ray, “Justin Trudeau and the Politics of the Possible,” Propaganda in Focus, December 14, 2022. https://propagandainfocus.com/justin-trudeau-and-the-politics-of-possible-the-emergencies-act-inquiry-in-canada-and-the-triumph-of-propaganda/

    [43] Ioannidis, John P. and Axfors, Catherine, “Infection Fatality Rate of Covid-19 in community-dwelling populations with emphasis on the elderly: An overview,” Stanford University, Stanford, CA, December 23, 2021.  https://www.medrxiv.org/content/10.1101/2021.07.0[8.21260210v2.full.pdf](https://www.medrxiv.org/content/10.1101/2021.07.08.21260210v2.full.pdf)

    [44] Kimball, Spencer, ““Labor secretary says most truck drivers are exempt from Covid mandate, handing industry a win,” CNBC, November 5, 2021. https://www.cnbc.com/2021/11/05/labor-secretary-says-most-truck-drivers-are-exempt-from-covid-mandate-handing-industry-a-win-.html

    [45] Lavigne, “The Coutts Four | Day 515,” (See note 29).

    [46] Lavigne, “The Coutts Four | Day 515,” (See note 29).

    [47] Lavigne, Jason, “The Coutts Four | Day 506,” Good Morning with Jason, July 4, 2023. https://www.youtube.com/watch?v=HR9C2w2DXso

    [48] Proctor, Jason, “RCMP entrapment of B.C. couple in legislature bomb plot was ‘travesty of justice,’ court rules: John Nuttall-Amanda Korody’s convictions had been stayed due to entrapment, abuse of process,” CBC, December 19, 2018. https://www.cbc.ca/news/canada/british-columbia/johnnuttall-amanda-korody-2018-1.4952431

    [49] Proctor, Jason, “Terrorists or targets? Appeal Court to decide fate of B.C. couple accused in bomb plot,” CBC, December 18, 2018. https://www.cbc.ca/news/canada/british-columbia/nuttall-korody-entrapment-terrorism-1.4951447

    [50] Tieleman, Bill, “BC Terror Trial Verdict a Scathing Indictment of RCMP Management,” The Tyee, August 2, 2016.  https://thetyee.ca/Opinion/2016/08/02/BC-Terror-Trial-Verdict/

    [51] Henderson, Jennifer, “RCMP Commissioner Brenda Lucki tried to ‘jeopardize’ mass murder investigation to advance Trudeau’s gun control efforts,” Halifax Examiner, June 21, 2022. https://www.halifaxexaminer.ca/policing/rcmpcommissioner-brenda-lucki-tried-to-jeopardize-massmurder-investigation-to-advance-trudeaus-gun-controlefforts/

    [52] McDonald, D.C.,Commission of Inquiry Concerning Certain Activities of the Royal Canadian Mounted Police – second report, volume 2: freedom and security under the law, Privy Council Office, 1981. https://publications.gc.ca/site/eng/471402/publication.html

    [53] Lavigne, “The Coutts Four | Day 515” (See note 29).

    [54] Lavigne, Jason, “The Coutts Four | Day 526,” Good Morning with Jason, July 24, 2023. https://www.youtube.com/watch?v=jSUplSQ3PDA

    [55] Lavigne, Jason, “The Coutts Four | Day 509,” Good Morning with Jason, July 7, 2023. https://www.youtube.com/watch?v=Ac00IscReIs&t=3215s


    This content originally appeared on Dissident Voice and was authored by Ray McGinnis.

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    https://www.radiofree.org/2023/07/29/coutts-four-denied-bail-in-prison-in-canada-for-over-500-days-without-trial-are-they-political-prisoners/feed/ 0 415642
    Papua Governor Lukas Enembe gravely ill – KPK trial delayed https://www.radiofree.org/2023/07/18/papua-governor-lukas-enembe-gravely-ill-kpk-trial-delayed/ https://www.radiofree.org/2023/07/18/papua-governor-lukas-enembe-gravely-ill-kpk-trial-delayed/#respond Tue, 18 Jul 2023 12:05:52 +0000 https://asiapacificreport.nz/?p=90807 SPECIAL REPORT: By Yamin Kogoya

    Suspended Papua Governor Lukas Enembe, who is detained in Indonesia on corruption charges, was supposed to go on trial yesterday but this did not go ahead as he is gravely ill and could not attend.

    Upon realising the governor’s health had deteriorated, the Corruption Eradication Commission (KPK) tried to transport him to Gatot Subroto Army Central Hospital (RSPAD) last Saturday.

    However, the governor refused due to what he said was KPK’s “mishandling” of the legal case.

    A member of the Governor’s legal team, Petrus Bala Pattyona, said he had been contacted by the KPK prosecutor on Sunday.

    Bala Pattyona was asked by the prosecutor to convince Enembe to be taken to the hospital. Enembe had not eaten for two days, was vomiting, nauseous, and dizzy, reports Odiyaiwuu.com.

    The Governor is currently in an intensive care unit — suffering from a serious life-threatening illness.

    Jakarta’s ‘legal mishandling’ of Governor
    Governor Enembe was on trial a week ago on July 10, but public prosecutors failed to bring witnesses to the hearing.

    After the trial was adjourned for another week until yesterday, he was taken to a KPK prison cell despite being seriously ill.

    Prior to these two failed trial hearings, the Governor appeared in court on June 24.

    However, the hearing wqs suspended after a panel of judges rejected Governor Enembe’s appeal for the charges to be waived.

    Given the governor’s ill health, the judges ruled to prioritise his health and grant his request to suspend proceedings until he was medically fit to stand trial.

    On June 12, an anticipated and highly publicised trial was scheduled to take place in Jakarta’s District Court. However, the trial was not held due to KPK’s mishandling of the ordeal.

    To date, a total of nine attempts have been made to deliver a satisfactory closure of the Governor’s legal case since he was “kidnapped” from Papua in January 2023.

    New August date set
    The trial is now rescheduled for early August 2023. However, there is no guarantee that this will be the last hearing over what critics describe as a tragic and disgraceful mishandling of the case concerning a respected tribal chief and Governor who is fighting for his life.

    For the government of Indonesia, KPK and judges, every moment that is mismanaged, mishandled, or delayed might mean just a delay in justice, but for the Governor and his family it means life and death.

    According to the governor’s family, KPK are already waiting to bring this sick man back from hospital and lock him up in a KPK prison cell again.

    The Governor’s family ask how could this “cruel treatment be happening”?

    Yamin Kogoya is a West Papuan academic/activist who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    Terrorism trial of 17 Kurdish journalists, media worker begins in Turkey  https://www.radiofree.org/2023/07/11/terrorism-trial-of-17-kurdish-journalists-media-worker-begins-in-turkey/ https://www.radiofree.org/2023/07/11/terrorism-trial-of-17-kurdish-journalists-media-worker-begins-in-turkey/#respond Tue, 11 Jul 2023 22:01:37 +0000 https://cpj.org/?p=299197 Diyarbakır, July 11, 2023—In response to Tuesday’s opening of the trial of 17 Kurdish journalists and a media worker on terrorism charges in a court in Diyarbakır, Turkey, the Committee to Protect Journalists issued the following statement:

    “Turkish authorities must immediately release the defendants and drop the terrorism charges, which are solely based on their journalistic work,” said Özgür Öğret, CPJ’s Turkey representative. “Turkish authorities should also take necessary steps to ensure that pretrial arrest cannot be weaponized against the members of the press.”

    The journalists and media worker were charged with membership in the outlawed Kurdistan Workers’ Party (PKK). They are employed by local ARİ, PEL, and PİYA production companies and produce Kurdish-focused shows and content, which the indictment alleged were propaganda for PKK. The government has designated PKK as a terrorist organization. 

    The defendants — 15 of whom have been under pretrial arrest for 13 months — have denied the charges and, if convicted, face up to 15 years imprisonment under Turkey’s anti-terrorism laws. 

    Turkey was the world’s fourth-worst jailer of journalists, with 40 behind bars at the time of CPJ’s December 1, 2022, prison census. Of those, more than half were Kurdish journalists.

    CPJ’s email to the Diyarbakır chief prosecutor’s office did not receive a response.


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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    Jayapura court finds Yeimo guilty of ‘treason’ in appeal – longer sentence https://www.radiofree.org/2023/07/08/jayapura-court-finds-yeimo-guilty-of-treason-in-appeal-longer-sentence/ https://www.radiofree.org/2023/07/08/jayapura-court-finds-yeimo-guilty-of-treason-in-appeal-longer-sentence/#respond Sat, 08 Jul 2023 06:03:36 +0000 https://asiapacificreport.nz/?p=90522 Jubi News

    The Jayapura High Court has found West Papuan human rights and social justice activist Victor Yeimo guilty of treason and sentenced him to one year in prison in an appeal judgement this week.

    The verdict was delivered during a public session held by the panel of judges headed by Paluko Hutagalung, with Adrianus Agung Putrantono and Sigit Pangudianto, serving as member judges.

    The charges against Yeimo, the international spokesperson of the West Papua National Committee, stem from his alleged involvement in the Papuan anti-racism protest condemning racial slurs targeting Papuan students at the Kamasan III Student Dormitory in Surabaya on August 16, 2019.

    Yeimo was accused of leading the demonstrations that occurred in Jayapura City on August 19 and 29, 2019.

    The Jayapura High Court imposed a harsher criminal sentence than the previous verdict on May 5, 2023.

    In the previous ruling, the court found Victor Yeimo guilty of violating Article 155 paragraph (1) of the Criminal Code, which pertains to the public display of writings or images containing expressions of hostility, hatred, or contempt towards the Indonesian government.

    Yeimo was then sentenced to 8 months’ imprisonment.

    Stirred controversy
    The earlier verdict stirred controversy because the charge of Article 155 paragraph (1) of the Criminal Code was not initially brought against Victor Yeimo. Also, the legal article used to sentence him had already been invalidated by the Constitutional Court.

    On May 12, 2023, both the public prosecutor and the Coalition of Law Enforcement and Human Rights for Papua, representing Yeimo as his legal counsel, appealed against the court ruling.

    In the appeal decision, the Jayapura High Court overturned the previous decision, found Yeimo guilty of treason, and upheld the initial one-year prison sentence requested by the public prosecutor.

    The panel of judges at the Jayapura High Court stated that the time Yeimo had already spent in arrest and detention would be fully deducted from the imposed sentence and ordered him to remain in detention.

    Republished with permission.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    Chinese court jails prominent government critic for 4½ years after secret trial https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html#respond Mon, 26 Jun 2023 18:07:00 +0000 https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html A Chinese court has handed down a four-and-a-half year jail term to Xie Wenfei, prominent rights activist who has long been a critic of the government and a vocal supporter of the Hong Kong democracy movement.

    The Chenzhou Municipal People's Court in central Hunan province gave the sentence to Xie after finding him guilty of "picking quarrels and stirring up trouble," a charge frequently used to target peaceful critics of the ruling Communist Party, according to his brother.

    News of his fate comes amid concerns that Xie has been subjected to ill-treatment during his years in incommunicado detention, and after he was forced to fire lawyers hired by his family to defend him on three separate occasions.

    The sentence was handed down following a secret trial on an unknown date, and the family wasn't allowed to attend either the trial or the sentencing hearing.

    Xie, also known as Xie Fengxia, has been incommunicado since being taken away from his home in Hunan's Chenzhou city of April 29, 2020, and has been denied visits from family members or lawyers.

    "Xie Wenfei ... called me on WeChat from the Zixing Detention Center to tell me that he will be released on Oct. 30, 2024, after four-and-a-half years in prison," his brother Xie Fengchun told Radio Free Asia.

    Poem about pandemic

    Associates said at the time that his detention came after he posted a poem he wrote about the emergence of the COVID-19 pandemic in Wuhan.

    Xie's friend Yuan Xiaohua said that following his release from an earlier jail term for speaking out in support of the 2014 Umbrella Movement in Hong Kong, he had continued to speak out on political matters, including posting a message marking the death anniversary of Mao-era dissident Lin Zhao.

    "They probably fear him and hate him because he's always expressing his opinions on current affairs and traveling all around the country, and then there's his comments on the pandemic and his commemoration of Lin Zhao," Yuan said.

    ENG_CHN_XieWenfeiSentence_06262023.2.jpg
    "They probably fear him and hate him because he's always expressing his opinions on current affairs and traveling all around the country,” says Xie Wenfei’s friend Yuan Xiaohua [shown]. Credit: Provided by Yuan Xiaohua

    Xie will be sent to serve out his remaining sentence at Hunan's Chisan Prison, which has held a number of high-profile political prisoners including Taiwanese rights activist Lee Ming-cheh, Changsha Funeng NGO founder Cheng Yuan and rights activist Ou Biaofeng, Yuan said.

    "Based on what has leaked out about Cheng Yuan and Ou Biaofeng from Chishan Prison, there has been physical punishment, torture and forced labor, which is really very worrying," he said.

    Changsha Funeng sought to prevent discrimination by using the courts to strengthen protections for individuals living with disabilities and with HIV/AIDS and other communicable diseases.

    A person close to Xie’s case who requested anonymity due to safety concerns said his relatively heavy sentence was likely due to his having an earlier conviction, but could also be a form of political retaliation by the authorities.

    "After he got out of prison, local officials would offer him humanitarian assistance and visit him and his parents from time to time, bearing gifts," the person said.

    "But Xie Wenfei has a very no-nonsense personality, and was very rude to them, and refused to let them in the door and threw away the stuff they brought," the person said.

    Xie had earlier been detained in October 2014 after wearing a black T-shirt and holding a banner in support of the 79-day Hong Kong pro-democracy movement on the streets of Guangzhou.

    He entered the courtroom for his 2016 sentencing hearing shouting, "Build a democratic China!" and "Down with the Communist Party!" and could still be heard yelling slogans as he was being led out of the courtroom after sentencing

    He was jailed by the Guangzhou Intermediate People's Court on Nov. 19, 2016, for "incitement to subvert state power."

    Translated by Luisetta Mudie. Edited by Malcolm Foster.


    This content originally appeared on Radio Free Asia and was authored by By Gao Feng for RFA Mandarin.

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    https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html/feed/ 0 407157
    Chinese court jails prominent government critic for 4½ years after secret trial https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html#respond Mon, 26 Jun 2023 18:07:00 +0000 https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html A Chinese court has handed down a four-and-a-half year jail term to Xie Wenfei, prominent rights activist who has long been a critic of the government and a vocal supporter of the Hong Kong democracy movement.

    The Chenzhou Municipal People's Court in central Hunan province gave the sentence to Xie after finding him guilty of "picking quarrels and stirring up trouble," a charge frequently used to target peaceful critics of the ruling Communist Party, according to his brother.

    News of his fate comes amid concerns that Xie has been subjected to ill-treatment during his years in incommunicado detention, and after he was forced to fire lawyers hired by his family to defend him on three separate occasions.

    The sentence was handed down following a secret trial on an unknown date, and the family wasn't allowed to attend either the trial or the sentencing hearing.

    Xie, also known as Xie Fengxia, has been incommunicado since being taken away from his home in Hunan's Chenzhou city of April 29, 2020, and has been denied visits from family members or lawyers.

    "Xie Wenfei ... called me on WeChat from the Zixing Detention Center to tell me that he will be released on Oct. 30, 2024, after four-and-a-half years in prison," his brother Xie Fengchun told Radio Free Asia.

    Poem about pandemic

    Associates said at the time that his detention came after he posted a poem he wrote about the emergence of the COVID-19 pandemic in Wuhan.

    Xie's friend Yuan Xiaohua said that following his release from an earlier jail term for speaking out in support of the 2014 Umbrella Movement in Hong Kong, he had continued to speak out on political matters, including posting a message marking the death anniversary of Mao-era dissident Lin Zhao.

    "They probably fear him and hate him because he's always expressing his opinions on current affairs and traveling all around the country, and then there's his comments on the pandemic and his commemoration of Lin Zhao," Yuan said.

    ENG_CHN_XieWenfeiSentence_06262023.2.jpg
    "They probably fear him and hate him because he's always expressing his opinions on current affairs and traveling all around the country,” says Xie Wenfei’s friend Yuan Xiaohua [shown]. Credit: Provided by Yuan Xiaohua

    Xie will be sent to serve out his remaining sentence at Hunan's Chisan Prison, which has held a number of high-profile political prisoners including Taiwanese rights activist Lee Ming-cheh, Changsha Funeng NGO founder Cheng Yuan and rights activist Ou Biaofeng, Yuan said.

    "Based on what has leaked out about Cheng Yuan and Ou Biaofeng from Chishan Prison, there has been physical punishment, torture and forced labor, which is really very worrying," he said.

    Changsha Funeng sought to prevent discrimination by using the courts to strengthen protections for individuals living with disabilities and with HIV/AIDS and other communicable diseases.

    A person close to Xie’s case who requested anonymity due to safety concerns said his relatively heavy sentence was likely due to his having an earlier conviction, but could also be a form of political retaliation by the authorities.

    "After he got out of prison, local officials would offer him humanitarian assistance and visit him and his parents from time to time, bearing gifts," the person said.

    "But Xie Wenfei has a very no-nonsense personality, and was very rude to them, and refused to let them in the door and threw away the stuff they brought," the person said.

    Xie had earlier been detained in October 2014 after wearing a black T-shirt and holding a banner in support of the 79-day Hong Kong pro-democracy movement on the streets of Guangzhou.

    He entered the courtroom for his 2016 sentencing hearing shouting, "Build a democratic China!" and "Down with the Communist Party!" and could still be heard yelling slogans as he was being led out of the courtroom after sentencing

    He was jailed by the Guangzhou Intermediate People's Court on Nov. 19, 2016, for "incitement to subvert state power."

    Translated by Luisetta Mudie. Edited by Malcolm Foster.


    This content originally appeared on Radio Free Asia and was authored by By Gao Feng for RFA Mandarin.

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    Chinese court jails prominent government critic for 4½ years after secret trial https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html#respond Mon, 26 Jun 2023 18:07:00 +0000 https://www.rfa.org/english/news/china/china-dissident-sentenced-06262023140651.html A Chinese court has handed down a four-and-a-half year jail term to Xie Wenfei, prominent rights activist who has long been a critic of the government and a vocal supporter of the Hong Kong democracy movement.

    The Chenzhou Municipal People's Court in central Hunan province gave the sentence to Xie after finding him guilty of "picking quarrels and stirring up trouble," a charge frequently used to target peaceful critics of the ruling Communist Party, according to his brother.

    News of his fate comes amid concerns that Xie has been subjected to ill-treatment during his years in incommunicado detention, and after he was forced to fire lawyers hired by his family to defend him on three separate occasions.

    The sentence was handed down following a secret trial on an unknown date, and the family wasn't allowed to attend either the trial or the sentencing hearing.

    Xie, also known as Xie Fengxia, has been incommunicado since being taken away from his home in Hunan's Chenzhou city of April 29, 2020, and has been denied visits from family members or lawyers.

    "Xie Wenfei ... called me on WeChat from the Zixing Detention Center to tell me that he will be released on Oct. 30, 2024, after four-and-a-half years in prison," his brother Xie Fengchun told Radio Free Asia.

    Poem about pandemic

    Associates said at the time that his detention came after he posted a poem he wrote about the emergence of the COVID-19 pandemic in Wuhan.

    Xie's friend Yuan Xiaohua said that following his release from an earlier jail term for speaking out in support of the 2014 Umbrella Movement in Hong Kong, he had continued to speak out on political matters, including posting a message marking the death anniversary of Mao-era dissident Lin Zhao.

    "They probably fear him and hate him because he's always expressing his opinions on current affairs and traveling all around the country, and then there's his comments on the pandemic and his commemoration of Lin Zhao," Yuan said.

    ENG_CHN_XieWenfeiSentence_06262023.2.jpg
    "They probably fear him and hate him because he's always expressing his opinions on current affairs and traveling all around the country,” says Xie Wenfei’s friend Yuan Xiaohua [shown]. Credit: Provided by Yuan Xiaohua

    Xie will be sent to serve out his remaining sentence at Hunan's Chisan Prison, which has held a number of high-profile political prisoners including Taiwanese rights activist Lee Ming-cheh, Changsha Funeng NGO founder Cheng Yuan and rights activist Ou Biaofeng, Yuan said.

    "Based on what has leaked out about Cheng Yuan and Ou Biaofeng from Chishan Prison, there has been physical punishment, torture and forced labor, which is really very worrying," he said.

    Changsha Funeng sought to prevent discrimination by using the courts to strengthen protections for individuals living with disabilities and with HIV/AIDS and other communicable diseases.

    A person close to Xie’s case who requested anonymity due to safety concerns said his relatively heavy sentence was likely due to his having an earlier conviction, but could also be a form of political retaliation by the authorities.

    "After he got out of prison, local officials would offer him humanitarian assistance and visit him and his parents from time to time, bearing gifts," the person said.

    "But Xie Wenfei has a very no-nonsense personality, and was very rude to them, and refused to let them in the door and threw away the stuff they brought," the person said.

    Xie had earlier been detained in October 2014 after wearing a black T-shirt and holding a banner in support of the 79-day Hong Kong pro-democracy movement on the streets of Guangzhou.

    He entered the courtroom for his 2016 sentencing hearing shouting, "Build a democratic China!" and "Down with the Communist Party!" and could still be heard yelling slogans as he was being led out of the courtroom after sentencing

    He was jailed by the Guangzhou Intermediate People's Court on Nov. 19, 2016, for "incitement to subvert state power."

    Translated by Luisetta Mudie. Edited by Malcolm Foster.


    This content originally appeared on Radio Free Asia and was authored by By Gao Feng for RFA Mandarin.

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    Shanghai dissident stands trial for ‘insulting China’s leaders’ during lockdown https://www.rfa.org/english/news/china/dissident-trial-covid-06222023164442.html https://www.rfa.org/english/news/china/dissident-trial-covid-06222023164442.html#respond Thu, 22 Jun 2023 20:45:18 +0000 https://www.rfa.org/english/news/china/dissident-trial-covid-06222023164442.html Rights activist Ji Xiaolong has stood trial in a Shanghai court on public order charges after he wrote to a Chinese leader criticizing the grueling COVID-19 lockdown of spring 2022, Radio Free Asia has learned.

    The latest in a long line of COVID-19 dissidents to face the wrath of the government, Ji stood trial at the Pudong New District People's Court on June 21 for "picking quarrels and stirring up trouble," a charge frequently used to target peaceful critics of the ruling Communist Party.

    According to his father, Ji Xinghua, the prosecution based its case on posts he made to Twitter that were "insulting" to China's leaders.

    "The prosecution said he tweeted something that insulted the country's leaders," Ji's father said. "His lawyers said the authorities didn't comply with regulations in their investigation and in their collection of evidence."

    "I don't think that what he did caused any kind of public disorder, and I don't think it adds up to picking quarrels and stirring up trouble," he said.

    Ji's detention came after he wrote to then Shanghai ruling Chinese Communist Party secretary Li Qiang, calling on him to resign for "blindly following orders from the central government” when implementing weeks of grueling lockdown in the city earlier this year.

    Li has since risen to the position of Chinese premier.

    Calls to quit

    Netherlands-based dissident Lin Shengliang said that Ji’s targeting of Li Qiang was likely the biggest factor behind his arrest and trial.

    "They won't talk about the [real reason], which was that he questioned Li Qiang's COVID-19 containment measures in Shanghai at that time," Lin said. "They are even less likely to mention that now."

    ENG_CHN_LockdownDissident_06222023.2.png
    Chinese rights activist Ji Xiaolong was put on trial for Twitter posts, his father says. Credit: Provided by Ji Xiaolong

    He said the key was that Ji had called in his petition for Li to step down.

    In the petition, Ji also wrote that he was fine with being jailed for opposing government policies in an era of widespread internet censorship and surveillance of ordinary people.

    He was already under residential surveillance at his home, and police had prevented him from going back to his hometown in Jiangsu's Shazhou county to visit his elderly parents, he wrote.

    Ji, who has already served a three-and-a-half year jail term for writing political graffiti in a Shanghai public toilet, was a vocal critic of Chinese leader Xi Jinping's zero-COVID policy of stringent lockdowns, mass isolation and quarantine facilities and wave upon wave of testing that ended following nationwide protests in November 2022.

    During the weeks-long lockdown, residents of Shanghai repeatedly complained of shortages of food and essential supplies and lack of access to life-saving medical treatment for those sick with something other than COVID-19, and Ji had posted a number of video clips and posts from lockdown.

    During Ji's initial interview, police confronted him with various comments he had made to overseas media organizations including Radio Free Asia, the Epoch Times and New Tang Dynasty TV, as well as the petition he started, some video clips he reposted and some social media posts he made.

    ‘Bad idea’

    Ji's father said he supports his son's view of the zero-COVID policy.

    "Of course it was a bad idea to put the city in lockdown ... which brought a lot of inconvenience to ordinary people," he said. "They weren't able to control [the pandemic] through lockdowns, so it's good that they stopped doing that."

    ENG_CHN_LockdownDissident_06222023.3.jpg
    "Of course it was a bad idea to put the city in lockdown,” says Ji Xinghua, the father of Ji Xiaolong. Credit: Provided by Ji Xiaolong

    Ji's trial comes after authorities in the central city of Wuhan tried and sentenced citizen journalist Fang Bin, who disappeared for three years after filming from hospitals and funeral homes early in the COVID-19 pandemic from the city of Wuhan, in secret.

    News only emerged in April 2023 that Fang, who fell silent after a Feb. 1, 2020, livestream from Wuhan healthcare facilities, had been sentenced in secret to three years in prison.

    Fang, along with jailed Shanghai dissident Zhang Zhan, detained YouTuber Chen Qiushi and exiled journalist Kcriss Li, was among a number of high-profile bloggers who tried to report on the emerging and little-understood viral outbreak from Wuhan. His report also described the pandemic as a "man-made" disaster, calling on people to resist government "tyranny."

    On June 2, 2023, Zhang Zhan was nominated for a Nobel Peace Prize by the Congressional-Executive Commission on China, which described her as a hero who "should be honored by the world for their courage."

    "Instead of meeting those requests [for China to abide by international human rights law] with transparency and debate, Chinese authorities used their massive police power to censor and jail," the Commission said in a statement.

    Translated by Luisetta Mudie. Edited by Malcolm Foster.


    This content originally appeared on Radio Free Asia and was authored by By Gao Feng for RFA Mandarin.

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    Papuan students accused of ‘treason’ over raising Morning Star flags https://www.radiofree.org/2023/06/10/papuan-students-accused-of-treason-over-raising-morning-star-flags/ https://www.radiofree.org/2023/06/10/papuan-students-accused-of-treason-over-raising-morning-star-flags/#respond Sat, 10 Jun 2023 02:19:46 +0000 https://asiapacificreport.nz/?p=89520 Jubi News

    The trial of three Papuan “free speech” students accused of treason has resumed at the Jayapura District Court this week.

    The defendants — Yoseph Ernesto Matuan, Devio Tekege, and Ambrosius Fransiskus Elopere — have been charged with treason for organising a free speech rally where they were accused of raising the banned Morning Star flags of West Papuan independence at the Jayapura University of Science and Technology (USTJ) on November 10, 2022.

    During the hearing on Thursday, linguist Dr Robert Masreng testified as an expert witness presented by the public prosecutor.

    He said the Morning Star flags displayed in the event were “merely an expression”.

    The students organised a protest to voice opposition against the Papua dialogue plan initiated by the National Commission on Human Rights (Komnas HAM).

    However, the event was broken up by police and several participants were arrested.

    Dr Masreng, a faculty member at Cenderawasih University’s Faculty of Teacher Training and Education, clarified the definitions of treason, independence, Morning Star, conspiracy, and the meanings of writings displayed during the free speech rally.

    Treason ‘definitions’
    He said that according to the Indonesian Thesaurus dictionary, “treason” referred to engaging in deceitful actions or manipulating others to achieve personal objectives.

    It could also denote rebellion, expressing a desire to prevent something from happening.

    Additionally, Dr Masreng noted that treason could signify an intention to commit murder.

    In court, Dr Masreng explained that treason involved deceptive actions, rebellion, and an intention to commit murder.

    He emphasised that the Morning Star flag was a symbol that gained meaning when it was used for a specific purpose. Without a clear intention behind its use, the flag lost its importance.

    Dr Masreng said that the Morning Star flag was often used as a symbol to express ideas.

    He said that the meaning of the flag could be understood based on how it was used in different situations, and different people might interpret it in their own unique ways.

    ‘Independence’ clarified
    Dr Masreng clarified the term “independence” by explaining that it represented a perspective of freedom that had a wide-ranging and abstract significance when it was used.

    The understanding of the word relied on the specific situation and how different people perceived it, especially in relation to the core concept of freedom.

    Dr Masreng said this meant that when someone expressed themself, it implied being free from criticism and oppression.

    He also provided an interpretation of the chant “referendum yes, dialogue no.”

    He said the chant conveyed a decision to the general public without involving Parliament.

    Rejecting dialogue was an expression of the speaker’s unwillingness to engage in a dialogue.

    Regarding the statement requesting intervention of the United Nations Human Rights Council in Papua, Dr Masreng said this signified that the problems in Papua were not limited to domestic concerns, but were matters that should be acknowledged by the international community.

    “It means an expression of asking the government to be open to the international community, allowing them to enter Papua and observe the dire human rights situations in the region,” he said.

    Republished from Jubi with permission.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

    ]]>
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    Papuan students accused of ‘treason’ over raising Morning Star flags https://www.radiofree.org/2023/06/10/papuan-students-accused-of-treason-over-raising-morning-star-flags/ https://www.radiofree.org/2023/06/10/papuan-students-accused-of-treason-over-raising-morning-star-flags/#respond Sat, 10 Jun 2023 02:19:46 +0000 https://asiapacificreport.nz/?p=89520 Jubi News

    The trial of three Papuan “free speech” students accused of treason has resumed at the Jayapura District Court this week.

    The defendants — Yoseph Ernesto Matuan, Devio Tekege, and Ambrosius Fransiskus Elopere — have been charged with treason for organising a free speech rally where they were accused of raising the banned Morning Star flags of West Papuan independence at the Jayapura University of Science and Technology (USTJ) on November 10, 2022.

    During the hearing on Thursday, linguist Dr Robert Masreng testified as an expert witness presented by the public prosecutor.

    He said the Morning Star flags displayed in the event were “merely an expression”.

    The students organised a protest to voice opposition against the Papua dialogue plan initiated by the National Commission on Human Rights (Komnas HAM).

    However, the event was broken up by police and several participants were arrested.

    Dr Masreng, a faculty member at Cenderawasih University’s Faculty of Teacher Training and Education, clarified the definitions of treason, independence, Morning Star, conspiracy, and the meanings of writings displayed during the free speech rally.

    Treason ‘definitions’
    He said that according to the Indonesian Thesaurus dictionary, “treason” referred to engaging in deceitful actions or manipulating others to achieve personal objectives.

    It could also denote rebellion, expressing a desire to prevent something from happening.

    Additionally, Dr Masreng noted that treason could signify an intention to commit murder.

    In court, Dr Masreng explained that treason involved deceptive actions, rebellion, and an intention to commit murder.

    He emphasised that the Morning Star flag was a symbol that gained meaning when it was used for a specific purpose. Without a clear intention behind its use, the flag lost its importance.

    Dr Masreng said that the Morning Star flag was often used as a symbol to express ideas.

    He said that the meaning of the flag could be understood based on how it was used in different situations, and different people might interpret it in their own unique ways.

    ‘Independence’ clarified
    Dr Masreng clarified the term “independence” by explaining that it represented a perspective of freedom that had a wide-ranging and abstract significance when it was used.

    The understanding of the word relied on the specific situation and how different people perceived it, especially in relation to the core concept of freedom.

    Dr Masreng said this meant that when someone expressed themself, it implied being free from criticism and oppression.

    He also provided an interpretation of the chant “referendum yes, dialogue no.”

    He said the chant conveyed a decision to the general public without involving Parliament.

    Rejecting dialogue was an expression of the speaker’s unwillingness to engage in a dialogue.

    Regarding the statement requesting intervention of the United Nations Human Rights Council in Papua, Dr Masreng said this signified that the problems in Papua were not limited to domestic concerns, but were matters that should be acknowledged by the international community.

    “It means an expression of asking the government to be open to the international community, allowing them to enter Papua and observe the dire human rights situations in the region,” he said.

    Republished from Jubi with permission.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

    ]]>
    https://www.radiofree.org/2023/06/10/papuan-students-accused-of-treason-over-raising-morning-star-flags/feed/ 0 402652
    Members of Congress Support Juliana v. U.S. Youth Plaintiffs After Judge Rules Children’s Constitutional Climate Case Can Proceed to Trial https://www.radiofree.org/2023/06/08/members-of-congress-support-juliana-v-u-s-youth-plaintiffs-after-judge-rules-childrens-constitutional-climate-case-can-proceed-to-trial/ https://www.radiofree.org/2023/06/08/members-of-congress-support-juliana-v-u-s-youth-plaintiffs-after-judge-rules-childrens-constitutional-climate-case-can-proceed-to-trial/#respond Thu, 08 Jun 2023 15:41:23 +0000 https://www.commondreams.org/newswire/members-of-congress-support-juliana-v-u-s-youth-plaintiffs-after-judge-rules-childrens-constitutional-climate-case-can-proceed-to-trial Members of the U.S. Senate and the House of Representatives
    expressed their support for the fundamental rights of children to a safe climate and the young
    Americans in the landmark children’s constitutional climate case, Juliana v. United States. On
    June 1, 2023, U.S. District Court Judge Ann Aiken, of the U.S. District Court in Oregon, granted
    the young plaintiffs’ motion to amend their complaint, putting their case back on track to trial.

    The 21 youth plaintiffs, including 11 Black, Brown, and Indigenous youth, have waited almost
    eight years after facing incessant and unprecedented efforts by the U.S. Department of Justice
    (DOJ) to delay and dismiss their case. The Juliana case was one of the most significant targets
    of the Trump administration’s “shadow docket” - a tactic wherein cases are decided without full
    briefing or oral argument, and without any written opinion. Now, barring continued attempts by
    the DOJ to delay the case, the youth will finally be able to move forward to trial on the question
    of whether the federal government’s fossil fuel-based energy system, and resulting climate
    destabilization, is unconstitutional.

    Members of Congress stand in solidarity with the Juliana youth plaintiffs. Following the
    ruling, members of Congress issued public statements of support for the youth plaintiffs and this
    week participated in a Tweetstorm to continue to show their commitment to the youth, their
    rights to a safe, livable climate, and their right to go to trial. Supporting access to justice for our
    children, the members encourage the Biden administration to fulfill his promise to work with our
    youth and protect them from the harms of the climate crisis.

    Senator Jeff Merkley (D-OR), Chairman of the Senate Interior, Environment, and Related
    Agencies Appropriations Subcommittee and Chairman of the Chemical Safety, Waste
    Management, Environmental Justice, and Regulatory Oversight Environment and Public Works
    Subcommittee, shared, “BIG NEWS: The #YouthVGov case will finally proceed to trial! This
    remarkable group of young people who are demanding their right to a healthy planet and future
    have my full support.” Read his June 3, 2023, tweet here and June 6, 2023, tweet here.

    “Twenty-one youth have waited almost eight years to get a ruling on their lawsuit demanding
    their constitutional right to a safe climate be protected. And yesterday, we welcomed news that
    they are finally being granted their right to go to trial,” said Congresswoman Jan Schakowsky
    (IL-09), a Chief Deputy Whip and Ranking Member on the House Innovation, Data, and
    Commerce Energy and Commerce Subcommittee. “These young people have taken on
    incredible responsibility to protect our environment. I will continue to work with my colleagues in
    Congress to support them as they continue their fight to protect the right of all to a safe and
    habitable climate. Our children and grandchildren should not have to fear for the future of their
    environment and our world as we know it.” Read her June 2, 2023, press statement here and
    tweet here.

    Senator Sheldon Whitehouse (D-RI), Chairman of the Budget Committee, Chairman of the
    Federal Courts, Oversight, Agency Action, & Federal Rights Judiciary Subcommittee, and
    member of the Environment and Public Works Committee, stated, “All of us have a responsibility
    to leave the next generation a healthy and hospitable planet. The window of opportunity to
    address climate change is still open, but we must follow the lead of our children and
    grandchildren to take action today. I’m proud to stand alongside Our Children’s Trust and young
    people across this country as we fight for a safer climate future.” He also tweeted his support on
    June 6, 2023, here.

    “Today, I'm proudly standing with @youthvgov + Juliana plaintiffs as they fight to protect their
    constitutional right to a safe climate. Let's get climate justice out of the shadows & off the
    shadow docket,” stated Congresswoman Veronica Escobar (TX-16), member of the Judiciary
    Committee and Deputy Whip of Congressional Progressive Caucus. Read her June 6, 2023,
    tweet here.

    For additional statements of support, including from Senator Wyden and Congressmembers
    Jayapal and Tlaib, visit the Juliana statements of support page.

    “I spent most of my life living on a barrier island impacted by the climate crisis and nearly half of
    my life fighting for climate justice as a plaintiff in this lawsuit,” said the youngest plaintiff in the
    Juliana case, 15-year-old Floridian Levi Draheim. “I’m only 15 years old and I have lived
    through three major hurricanes and have been evacuated from my home multiple times. I’ve
    also experienced years of delay, waiting for my right to be heard in court, due to the actions of
    our own DOJ. I’m excited that our case is finally moving forward and grateful that members of
    Congress continue to support children’s fundamental rights for youth, like me and my little
    sister.” Learn more about Levi and the other 20 Juliana plaintiffs here.

    Since the case was filed in 2015, more than 85 lawmakers have rallied behind the Juliana youth
    and their right to a safe climate. They joined U.S. Senate and House letters in November 2021
    to President Biden expressing support for the fundamental rights of children to a safe climate.
    Members stood with the Juliana plaintiffs by cosponsoring the Children’s Fundamental Rights
    and Climate Recovery Resolution introduced during the 116th and 117th Congress
    (S.Con.Res.8 & H.Con.Res.31) expressing that the current climate crisis disproportionately
    affects the health, economic opportunity, and fundamental rights of children, and demands that
    the United States develop a national, comprehensive, science-based, and just climate recovery
    plan to meet necessary emissions reduction targets. They also signed on to two 2019 and 2020
    amicus briefs filed in the Ninth Circuit.

    “These young people have a right to access their courts and, after several long years, finally
    have their evidence of climate harm caused by their own government–and how to stop it–heard
    in open court,” said Julia Olson, lead counsel for the youth plaintiffs. “Attorney General Garland
    should treat this like the urgent constitutional case that it is by litigating the case on its merits
    and presenting their arguments in the light of day at trial, rather than once again seeking to push
    this case into the dark corners of the shadow docket. Members of Congress who continue to
    stand in solidarity with these 21 young Americans are sending a clear and urgent message to all
    of our nation’s leaders to protect our children’s fundamental rights to a safe climate.”

    Plaintiffs intend to seek a prompt trial date so that they and their experts can finally present their
    evidence of their government’s active infringement of their constitutional rights.


    This content originally appeared on Common Dreams and was authored by Newswire Editor.

    ]]>
    https://www.radiofree.org/2023/06/08/members-of-congress-support-juliana-v-u-s-youth-plaintiffs-after-judge-rules-childrens-constitutional-climate-case-can-proceed-to-trial/feed/ 0 401898
    Wife of Vietnamese music teacher on trial calls for his release https://www.rfa.org/english/news/vietnam/teacher-06052023154445.html https://www.rfa.org/english/news/vietnam/teacher-06052023154445.html#respond Mon, 05 Jun 2023 19:45:51 +0000 https://www.rfa.org/english/news/vietnam/teacher-06052023154445.html A day ahead of his trial on Tuesday, the wife of a music lecturer arrested in early September on charges of "conducting anti-state propaganda” said he is innocent and called for his release.

    Dang Dang Phuoc, 60, an instructor at Dak Lak Pedagogical College in Vietnam’s Central Highlands, often writes on Facebook about educational issues, human rights violations, corrupt officials and social injustice.

    Police arrested him on Sept. 8 and charged him with "making, storing, spreading or propagating information, documents and items aimed at opposing the State of the Socialist Republic of Vietnam.” He faces up to 12 years in prison.

    His case has drawn international attention, including from Human Rights Watch, which also urged Vietnam’s government to release him Monday. 

    In a statement, the rights group slammed authorities for targeting those who highlight corruption in the Southeast Asian nation, despite claims that they are working to eradicate graft.

    Speaking to RFA’s Vietnamese Service, Phuoc’s wife Le Thi Ha said that her husband’s arrest had caused her family to lose its “primary pillar” and left them in a state of shock.

    “In Vietnam, whomever [the authorities] arrest, when the arrests take place, and how many years in prison the arrestees are sentenced to ... all are in their hands,” she said. “However, to me, my husband is innocent. My wish is that my husband be released unconditionally.”

    Anti-corruption advocate

    During the past decade, Phuoc has campaigned against corruption and advocated for better protections for civil and political rights. He has signed several pro-democracy petitions and called for changes to Vietnam’s constitution, which grants the Communist Party a monopoly on power.

    After Phuoc’s arrest, police summoned Ha for interrogation at least twice and threatened to have her fired if she shared information about his case on social media.

    According to an indictment obtained by RFA, the Dak Lak Provincial Police’s Investigation Security Agency examined a recent recording of Phuoc’s and found it to “slander the government in order to reduce people's trust in management and administration of the government and the state.”

    On Monday, Ha said that her family and close friends plan to attend his trial on Tuesday, but questioned whether the court will allow it.

    “Although the authorities said the trial would be open to the public, there are many precedents in Vietnam that show that even family members were not allowed to attend trials for political dissidents and activists,” she said. “I don’t know how my husband’s trial will go.”

    Home under surveillance

    In the meantime, she said, police have kept a close watch on her household, sending plainclothes officers to document the activities of her family members over the weekend.

    “Their people are still stationed at the road leading to my house,” she told RFA. “Being aware of many previous cases in which family members of prisoners of conscience received invitations but were still prevented from attending the related trials, I have left my home to increase the chance of being able to attend my husband’s trial.”

    On Monday, Phuoc’s defense lawyers met with him and said that he has been “well-treated” in detention, describing him as “optimistic, positive, healthy, and showing no signs of depression or psychological crisis at all.”

    “Of course he admitted to the act, but as for the crime, he said he was exercising his right to speak the truth,” lawyer Le Van Luan said. “For tomorrow, he prepared the content of his defense. Basically, the defense is strong, covering the entirety of his case.”

    In a statement on Monday, Human Rights Watch Deputy Asia Director Phil Robertson echoed Ha’s call to set Phuoc free.

    “The Vietnam government makes use of its abusive and overly broad laws to prosecute people who call for reforms,” said Robertson. “The authorities should immediately drop the charges against Dang Dang Phuoc and other activists who play a critical role in rooting out the malfeasance and corruption that the government claims to oppose.”

    He slammed the government for its contempt for freedom of expression, noting that it is extended “even to activists who sing a few songs criticizing them.”

    “The European Union, which concluded a free trade agreement with Vietnam containing human rights conditionality, and other trade partners, should call out the government for its unrelenting rights violations,” he said.

    Translated by Anna Vu. Edited by Joshua Lipes and Malcolm Foster.


    This content originally appeared on Radio Free Asia and was authored by By Quoc Phuong for RFA Vietnamese.

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    The landmark trial that could determine who pays to rid America’s drinking water of PFAS https://grist.org/accountability/3m-pfas-drinking-water-forever-chemicals-lawsuit/ https://grist.org/accountability/3m-pfas-drinking-water-forever-chemicals-lawsuit/#respond Fri, 02 Jun 2023 19:36:55 +0000 https://grist.org/?p=611106 This story was co-published with Fast Company.

    David Peters’s nightmare began on a Monday in the spring of 2016, just before the end of the work day. Peters was the assistant public works director for the city of Stuart, a community of 18,000 on southeast Florida’s tranquil Treasure Coast. One of his many duties was to help oversee the municipal drinking water supply, a responsibility he took seriously. That afternoon, Peters was told that an administrative aide for the U.S. representative from Stuart’s district had left a message with the city asking someone to call her back.

    “Are you prepared for this?” the aide asked when Peters returned her call. The rest came very quickly. The state had identified a class of chemicals linked to cancer called per- and polyfluoroalkyl substances, also known as PFAS or “forever chemicals,” in Stuart’s drinking water supply. The chemicals were at dangerously high levels. 

    Peters, who had never even heard of PFAS before, emailed Florida’s Department of Environmental Protection for more information. The department explained that in 2012, the federal Environmental Protection Agency had added, for the first time, two types of PFAS — pronounced PEA’-fass — to its list of “unregulated contaminants” that public water systems must test for. Stuart had run tests in 2014 and 2015 and found both chemicals, PFOS and PFOA, in its water supply. But the city and the state environmental agency hadn’t thought much of it, since the contamination, at a combined 200 parts per trillion, or ppt, was not thought to be at a level that was harmful to human health.

    But in May 2016, days before the legislative aide called Peters, the U.S. EPA issued a new policy: Levels of the two PFAS in drinking water, the agency said in a national health advisory, should not exceed 70 ppt. 

    What this meant was that Stuart’s public water utility — winner of multiple awards, including a statewide “best-tasting water” competition — had been unintentionally poisoning its constituents. Subsequent testing showed some of the city’s individual wells had levels of PFAS higher than 1,000 ppt. There was no way to turn back the clock. People had been drinking the poisoned water, and no one knew for how long. 

    Thus began, Peters told lawyers in a 2021 deposition, a “week in hell.” 

    Aerial view of Stuart, Florida
    Aerial view of Stuart, Florida. Jeffrey Greenberg / Universal Images Group via Getty Images

    Peters collected himself and began to devise a plan. By the end of the week, the city had discovered that levels of PFAS in water from all of the city’s municipal wells averaged out to 65 ppt, just 5 ppt below the EPA’s new standard, and had pulled its three most contaminated wells offline. Peters and other officials weren’t satisfied. They had been caught off guard once, and they weren’t willing to let it happen again. 

    “We weren’t about to take a chance on getting caught with a system that wouldn’t treat down to below detection levels under any circumstance,” Peters said in the deposition. The city’s goal since 2016 has been to get PFAS contamination in its drinking water supply to “non-detect,” or as close to zero ppt as possible. 

    But achieving non-detect status has proved to be wildly expensive and, ultimately, out of reach for a city of Stuart’s size and means. Conventional water-purification techniques, such as the use of chlorine, don’t work on tiny and persistent forever chemicals. So the city implemented a new water scrubbing system in order to rid its 30 wells of PFAS. The system, which is called an ion-exchange treatment, relies on magnetlike resins to attract PFAS molecules. The resins, once loaded up with contaminants, have to be incinerated to destroy the chemicals. The city has spent roughly $20 million keeping its PFAS levels below 30 ppt — a maximum limit Stuart set for itself — thus far. It estimates that the cost of replacing the resin, which cannot be reused, is approximately $2 million per year. That cost will increase incrementally as the city strives to get its contamination level down to zero. 

    “We can’t afford to spend that kind of money every year,” Peters said in his deposition. “We’re a small utility, a small municipality.” 

    Stuart’s efforts to clean up its water are at the heart of a lawsuit of epic proportions that could have wide-ranging financial repercussions for more than 100 million Americans in the years to come. Next week, Stuart’s lawyers plan to argue in federal court that the companies that manufactured and distributed PFAS not only contaminated Stuart’s water supply, but did so knowingly for decades. They will make the case that those companies, not the city or its residents, should cover the cost of cleanup for Stuart — and for any other city with similarly contaminated drinking water. 

    The question underpinning the case is one that has consumed Peters’s professional life since 2016: Once you know there’s poison in the well, who’s responsible for getting rid of it? 

    PFAS do not naturally break down in the environment over time. Their resistance to decay is what makes them useful. It’s also what makes them dangerous.

    In 1938, a scientist at DuPont De Nemours and Company, commonly known as DuPont, discovered the first PFAS chemical that would be widely used by Americans in the home — Teflon, the patented name for the type of forever chemical that makes certain cookware nonstick. But the multinational chemical conglomerate 3M quickly became the nation’s chief producer of PFAS. The company manufactured the chemicals for use in its own products and sold them to other chemical companies, like DuPont, for their products, too. PFOA, PFOS, and the thousands of other obscurely named acronymic chemicals under the PFAS umbrella were added to millions of products Americans used — and still use — on a regular basis: pizza boxes, seltzer cans, contact lenses, dental floss, mascara, rugs, sofas. 

    3M started winding down PFAS production in the 2000s under pressure from the EPA. The company recently announced that it will cease production of forever chemicals entirely by 2025. But the hundreds of millions of pounds of the chemicals the company produced for more than half a century still persist, indefinitely, in the environment. They’re also lingering inside of us: in our blood and our excrement, primarily via the foods we eat and the water we drink.

    A growing body of research on the health ramifications of years of sustained exposure to PFAS paints a frightening picture: The chemicals have a disturbing affinity for blood. Once they find their way to the bloodstream, they stick to blood cells as they course through every organ in the body. Studies show PFAS can weaken immune systems and contribute to long-term illnesses like diabetes, cardiovascular disease, and cancer — specifically, testicular, kidney, and prostate cancers. A recent study linked PFAS in drinking water and household products such as food packaging to startling decreases in fertility in women. Studies on prenatal and childhood exposure to PFAS show adverse developmental effects, including low birth weight and accelerated puberty. 

    Resident living near a 3M factory gets their finger pricked for a blood test
    Residents living near a 3M factory have their blood taken to test for the presence of PFAS. Jonas Roosens / BELGA MAG / AFP via Getty Images

    Since Stuart’s water crisis in 2016, the body of research illuminating the harmful health effects of PFAS has become more robust, prompting the EPA to take more forceful steps to limit consumer exposure to these chemicals. Earlier this year, the EPA proposed a set of new guidelines for six PFAS, including PFOA and PFOS. Unlike its 2016 health advisory standards, these limits — 4 parts per trillion, down from 70 ppt — are enforceable, meaning that water-supply managers must adhere to them or face fines. It’s the first time the agency has taken such a step, a move that underscores just how poisonous the EPA believes PFAS to be, even in minuscule amounts. The decision to regulate PFAS represents a huge win for public health. That win will come at a cost. 

    The new standard, once it becomes official later this year, will trigger a nationwide effort to rid drinking water supplies of forever chemicals. The projected costs of eliminating PFAS from the water supply are astronomical, beyond the scope of what cities, utilities, and the average consumer can afford. Preliminary estimates suggest that the price tag on filtering forever chemicals out of America’s drinking water is more than $3.8 billion per year. That cost will get passed on to consumers, unless the companies responsible for creating the contamination in the first place are forced to pay. That’s where Stuart’s lawsuit against 3M comes in. 

    The product at the center of the lawsuit, which will be heard in the U.S. District Court for the District of South Carolina, is called aqueous film-forming foam, or AFFF, which has been used by the U.S. military and local fire departments, including Stuart’s, across the nation. The foam’s key ingredient — what makes it so effective at putting out fires — is PFAS. Stuart is arguing that 3M and other manufacturers of ingredients used in firefighting foam knowingly pulled off one of the largest mass poisonings in American history and, crucially, that they hid what they knew about PFAS from the government and the general public in order to continue selling their products. 

    3M and the other defendants in the case maintain that their products can’t be tied to the plaintiff’s PFAS contamination and therefore they are not liable for the cost of cleaning it up. 3M “will vigorously defend its record of environmental stewardship,” the company said in a statement to Grist. “3M will continue to remediate PFAS and address litigation by defending ourselves in court or through negotiated resolutions, all as appropriate.”

    3M has settled multiple PFAS-related lawsuits since 2005, including multimillion dollar settlements with Minnesota and Michigan. But the company has never admitted liability for the contamination the lawsuits alleged.

    Stuart’s lawsuit is what lawyers call a “bellwether case” — it’s the first of more than 4,000 lawsuits that have been filed by cities, utilities, and individuals against 3M and other manufacturers of AFFF. Lawyers on both sides carefully chose Stuart as the most representative plaintiff out of the thousands of cases after analyzing the city’s water samples, reading through thousands of documents in the legal process known as discovery, and even exploring the city in person. Stuart’s case will serve as a litmus test for the lawsuits in line behind it, determining how lawyers for the other plaintiffs move forward with their respective arguments. If Stuart succeeds, 3M could be on the hook for one of the biggest mass tort payouts in U.S. history. If it fails, everyday Americans could see their water bills balloon in the years to come.

    3M's Cordova chemical plant
    3M’s Cordova chemical plant on the Mississippi River. E. Jason Wambsgans / Chicago Tribune / Tribune News Service via Getty Images

    “3M is a corporate giant that was built in no small part on the profits of these PFAS chemicals. They contaminated drinking water supplies and people across the United States,” David Andrews, a senior scientist at the Environmental Working Group, an environmental health nonprofit, told Grist. “Holding them accountable is significant, both in terms of direct cost to consumers but … also as a signal to companies that produce industrial chemicals about the long-term costs of some of these chemistry decisions.” 

    Grist spoke with the plaintiffs’ lawyers and reviewed hundreds of documents filed in court to build a narrative account of the years leading up to Stuart’s discovery in 2016, including details about what 3M knew in the 1970s about the dangers its products posed to the general public. Some of the information in this article, including testimony in which a former 3M toxicologist admits that global PFAS contamination can be linked to 3M, has never been reported before. 

    “We’re dealing with something that is unprecedented in scope and scale,” Rob Bilott, the environmental attorney whose work investigating the chemical industry’s role in manufacturing forever chemicals was instrumental in bringing public attention to PFAS in the early 2000s, told Grist. Bilott, who initially sued DuPont for poisoning communities in West Virginia, is also involved in this new round of litigation. 

    “It’s going to be incredibly expensive to deal with this,” Bilott said. “I think it’s important for the public to know how much this company knew about the hazards of these materials.” 

    The USS Forrestal, the Navy’s first “supercarrier” ship, was gearing up for an attack off the coast of Vietnam on the morning of July 29, 1967, when a rocket accidentally slipped loose from a fighter plane idling on the ship’s huge deck. The rocket fired across the runway and pierced another jet. Hundreds of gallons of fuel flowed from the damaged plane, spreading quickly across a deck that had been stocked with aircraft, artillery, and bombs in preparation for the attack. When the fuel encountered a lingering rocket spark, it started a fire that raged for 24 hours, killing 134 people and injuring 161. 

    The conflagration was one of the deadliest naval disasters on record since World War II. 

    Crew works to extinguish rocket explosion aboard USS Forrestal in July 1967.
    Crews work to extinguish a fire sparked by a rocket explosion aboard the USS Forrestal in July 1967. Marka / Universal Images Group via Getty Images

    The Navy convened two separate panels to investigate what happened aboard the Forrestal. The resulting reports, aimed at improving “warship survivability,” recommended ships carry larger quantities of more effective firefighting foams.

    In the 1960s, when the company was best known to the public for its masking tape and abrasive sponges, 3M began working on a new type of firefighting foam in collaboration with the Navy. They called the foam “light water,” but it’s now better known by its technical name, aqueous film-forming foam. The foam worked better than conventional firefighting foams and had a virtually unlimited shelf life. 

    In short order, light water became the firefighting foam of choice by the American military at home and abroad. By the 1970s, it had become a staple — not just on Navy ships, but also at military bases, commercial airports, and, ultimately, local fire departments across the country. 

    AFFF’s active ingredient, what makes the foam so good at smothering blazes, is “fluorinated surfactant,” otherwise known as perfluorooctane sulfonic acid, or PFOS. For decades, the foam, which was sprayed on real fires and just as often used by fire departments to conduct firefighting drills, was routinely dumped over the sides of ships and onto bare earth, where it leached into the environment and migrated into local drinking water supplies. 3M started winding down production of AFFF in 2000 as the EPA ramped up pressure on the chemical giant to disclose information about its products. But other companies stepped in to fill the void.

    Stuart’s fire department began purchasing drums of AFFF from 3M in 1989, according to its lawyers — a decision that would later haunt the city. Court documents show the fire department often used AFFF to conduct training exercises in the field behind the firehouse. Once the city started analyzing water samples from the city’s 30 interconnected drinking water wells, it didn’t take long to discover that the samples with the highest levels of PFAS were located near the fire house. 

    On May 31, 2016, days after Peters’s call with the administrative aide, all personnel in Stuart’s fire department received a terse email from the city’s fire chief. AFFF was not to be used anymore except for in emergencies, it said, “effective immediately.” The PFAS firehose had finally been shut off, 27 years after it had been inadvertently turned on. 

    “At no time during the relevant period did the Defendants warn Stuart Fire Rescue that the ingredients in the AFFF were persistent, bioaccumulative, and toxic,” Stuart’s legal complaint reads. 3M, as well as Dynax Corporation, Tyco Fire Products LP, Buckeye Fire Equipment Company, Chemguard, and National Foam Inc. — the other defendants in the case — exposed “thousands of innocent residents to water contaminated with dangerous chemicals,” the complaint alleges. 

    Though the Pentagon recently began to transition to PFAS-free firefighting foam — leading state and local firefighting agencies to do the same — the chemicals are still where fire departments left them for half a century. 

    What 3M knew about the effect its products had on human health comprises the main thrust of Stuart’s lawsuit against 3M and the other companies that manufactured and sold AFFF. The city’s lawyers have obtained millions of pages of official and unofficial internal company correspondence via discovery. If the plaintiffs can marshall the evidence contained in those pages to convince the jury that the PFAS industry knew its chemicals were widespread among the general public and suspected they were harmful to humans, the jurors may find the companies that produced these products liable for damages. Stuart’s argument, which will be echoed by the 4,000-plus plaintiffs waiting for their day in court, hinges on a few crucial moments in the late 1970s.  

    Company records, produced in discovery and filed in court, show that executives at 3M started to have an inkling their products were harmful to human health in 1975. That year, two independent scientists called 3M — the main mass-manufacturer of PFAS at the time — to inform the company that they had found PFAS compounds in their own blood and other blood samples. 3M pleaded ignorance. But actions taken by executives in 3M’s upper ranks in the months and years after the company was contacted by the scientists show that the company didn’t remain ignorant for long. 3M found out that PFAS were not only in its employees’ blood, but circulating widely in the blood of the general population, and that the chemicals were potentially carcinogenic. The company kept that information from the federal government, its factory workers, consumers, and the general public. 

    Lou Lehr sitting in an office
    Lewis Lehr, then the chief executive of 3M, at the company’s head office in 1985. Ross Anthony Willis / Fairfax Media via Getty Images

    In 1976, 3M found forever chemicals in the blood of its factory workers, and internal laboratory tests on monkeys and rats had produced worrying results. In June 1978, 3M’s commercial chemical division sent a confidential letter to 3M’s general counsel and executives in the company’s medical and research departments. The company’s president of U.S. operations, Lewis Lehr, had “specifically requested” that 3M meet with an outside consultant to see whether its products containing PFAS were toxic. 3M hadn’t reported its tests to the EPA, which legally requires chemical companies to test and report the health impacts of their products, particularly if they appear to be harmful to humans. Lehr, the letter said, wanted “an independent opinion as to whether we are correct in our assumption that we do not have a reportable situation.” 

    A 1978 letter from 3M’s commercial chemical division requesting that 3M meet with an outside consultant to see whether its products containing PFAS were toxic. City of Stuart v. 3M Co., et al

    The first outside expert the company spoke to was a renowned toxicologist named Harold C. Hodge. 3M executives flew to San Francisco to meet with Hodge in April 1979. According to the notes that a 3M staffer drafted at that meeting and are included in the cache of lawsuit documents, Hodge recommended that the company reduce its employees’ exposure to forever chemicals. The draft notes also include an addendum Hodge added by phone about a week later, after he had reviewed more study results provided by 3M. The company, he said, should figure out if PFAS were in the general population and, if so, at what levels. “If the levels are high and widespread,” he said, “we could have a serious problem.” 

    The next day, 3M executives met with another expert, J.R. Mitchell, from the Baylor School of Medicine in Houston. Draft notes from that meeting show that Mitchell told the company that some of the results from its studies on PFAS in animals “are similar to those observed with carcinogens.” 

    But the official meeting notes from both meetings, disseminated within the company in June 1979, do not include either of those statements by the outside experts. 3M struck them from its official records. Despite accumulating copious evidence that its products were widespread in the general population and posed serious risks to human health, the company neither alerted the EPA nor ceased production of PFAS. In the years that followed, 3M produced approximately 100 million pounds of POSF, the precursor to the chemical used in AFFF. It and other PFAS chemicals brought in $300 million in annual revenue for 3M. 

    3M’s draft minutes from its meeting with the independent scientist J.R. Mitchell. City of Stuart v. 3M Co., et al
    3M’s official meeting minutes from its meeting with Mitchell, with a line on the potentially carcinogenic symptoms observed in animal tests removed. City of Stuart v. 3M Co., et al

    3M has never publicly admitted that any of the forever chemicals found in samples from around the world could be linked to its products. But ahead of the trial, and over 3M’s vehement objection, the judge ruled that a deposition given by John Butenhoff, a former toxicologist at 3M who worked at the company for nearly four decades starting in the 1970s, could be considered as evidence in the case. 

    In a video of that deposition, one of Stuart’s lawyers asks Butenhoff a series of questions about where PFAS have been found. “You’re aware that PFOS has been detected and reported in rivers and streams?” the lawyer asks. 

    “Yes, I have awareness of that,” Butenhoff replies. 

    The lawyer lists off other places PFAS have been found: soil, sediment, the Atlantic and Pacific oceans, drinking water, human blood, umbilical cord blood, breast milk, shellfish, fish, indoor house dust, outdoor air, and polar bear blood. Butenhoff confirms that the chemicals have been found in all of those places. 

    “In each and every one of these media all around the world,” the lawyer asks, “the source of PFOS is more likely than not 3M, correct?” 

    “I think that more likely than not the source is 3M, yes,” Butenhoff replies. 

    While 3M was raking in billions from its PFAS products, cities like Stuart were unknowingly digging themselves into a pit.

    The costs Stuart has had to shoulder, and potential long-term health consequences for the Florida city’s residents, could have been avoided if the defendants were upfront about the dangers of PFAS, Stuart’s lawsuit says. “Had Defendants provided adequate instructions and warnings, the contamination of the groundwater and drinking water supply with toxic and carcinogenic chemicals would have been reduced or eliminated,” it says. “Defendants’ conduct was so reckless or wanting in care that it constituted intentional or grossly negligent conduct.”

    Stuart is not alone in its battle against forever chemicals. The prohibitive cost of getting PFAS out of local water supplies is a reality local officials and water providers across the nation are grappling with as the EPA prepares to codify its enforceable standards in the next several months. Once the standards are enacted, utilities will have three years, until 2026, to comply with them. 

    Firefighter walking with foam-covered boots
    Boston firefighters covered in firefighting foam work the scene of a four-alarm fire. Mark Garfinkekl / MediaNews Group / Boston Herald via Getty Images

    The federal government has directed roughly $10 billion to help the nation address its PFAS contamination problem. That pot of money includes $2 billion worth of grants to help alleviate the cost of cleaning out contaminants from drinking water in small or disadvantaged communities. But experts say even $10 billion is a drop in the bucket; some estimates put the total cost of ridding the entire nation’s water supply of PFAS somewhere between $200 billion and $400 billion. An estimated 1 in 20 Americans have forever chemicals in their drinking water, a figure that could increase as smaller utilities that were not required to test for PFAS between 2013 and 2015 start looking for them.

    There is no easy solution to this problem; every path forward includes expensive equipment and laborious treatment processes. If Stuart and other cities aren’t successful in getting 3M to pay for the damage, the costs will be shouldered by tens of millions of utility customers, also known as ratepayers. 

    “The ratepayer is paying for the capital, they’re paying back a loan … and they’re paying for the personnel, the equipment, the replacement parts, the electricity,” Steve Via, director of federal relations for the American Water Works Association, an international coalition of water suppliers, told Grist. “All of it comes back to the ratepayer.” 

    The American Water Works Association analyzed the cost of PFAS cleanup for utilities and households in a report published in March. The typical American household located in an area where PFAS cleanup must take place is looking at an average annual cost of between $200 and $350 per year, which would be passed on to ratepayers through their water bills, according to Via. But there are disparities depending on the size of the community. The annual cost of PFAS for households in large communities is much lower than it is in small ones, where fewer ratepayers share the financial burden. In those less populated areas, the annual cost tops $1,000 a year — a significant expense for the average family. 

    “This is going to be expensive,” Via said. “None of these systems have been saving money in advance for this because they didn’t know they were going to be required to treat to 4 ppt.” 

    Sara Hughes, a professor of water policy at the University of Michigan, said some communities will be able to bear these costs more comfortably than others. In poorer communities, especially smaller ones where the average cost of PFAS remediation is much higher than the projected national average, the burden will be felt more acutely. 

    “For households that are already living on the edge, one more thing, one more bill, one more increase in the cost of living, can be pretty significant.”

    “Even $20 more a month means very different things to some households than others,” Hughes said. “For households that are already living on the edge, one more thing, one more bill, one more increase in the cost of living, can be pretty significant.” 

    The upfront financial cost of remediating the contamination these companies knowingly put into the environment is one facet of the long-term burden American families will face. But the larger and ultimately more devastating consequence is the impact PFAS has had, and will continue to have, on health. These chemicals have already been linked to various cancers, diabetes, infertility, childhood developmental delays, and other issues scientists are still uncovering. Many victims of PFAS poisoning don’t even know that their ailments may be linked to these chemicals, but their lives and bank accounts will feel the impacts.

    3M building with trees in foreground
    3M headquarters in Minnesota. Karen Bleier / AFP via Getty Images

    To this day, 3M’s position on PFAS, according to its website, is that they are “safe and effective for their intended uses.” 

    Stuart’s lawsuit will probe the strength of this assertion. The more than 4,000 AFFF lawsuits comprise what’s called “multidistrict litigation,” a type of legal proceeding that’s similar to a class-action lawsuit. They fall into multiple categories: The first, spearheaded by Stuart, is made up of water-supply contamination cases. The next bucket of complaints will be personal injury cases — people who claim that exposure to PFAS in firefighting foam led to cancer diagnoses. Many of those plaintiffs are current or former firefighters. Yet more plaintiffs seek restitution for property damage caused by PFAS contamination. 

    In the months leading up to the bellwether trial, 300 cases per month on average were added to the multidistrict litigation. As of April, the total number of plaintiffs was 4,173. 

    The costs of dealing with PFAS contamination are “just now beginning to be recognized,” Bilott, the environmental attorney, said. “I think you’re going to see efforts now underway all over the planet to try to make sure that the people who created this global contamination are responsible for the global implications of cleaning it up.” 

    This story was originally published by Grist with the headline The landmark trial that could determine who pays to rid America’s drinking water of PFAS on Jun 2, 2023.


    This content originally appeared on Grist and was authored by Zoya Teirstein.

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    Why the Trial Penalty Must Go https://www.radiofree.org/2023/06/01/why-the-trial-penalty-must-go/ https://www.radiofree.org/2023/06/01/why-the-trial-penalty-must-go/#respond Thu, 01 Jun 2023 17:26:20 +0000 https://innocenceproject.org/?p=63742 The post Why the Trial Penalty Must Go appeared first on Innocence Project.

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    Why the Trial Penalty Must Go

    Faced with the threat of the trial penalty, innocent people can and do plead guilty.

    Opinion 06.01.23 By Christina Swarns

    (Image: Tingey Injury Law Firm / Unsplash)

    (Image: Tingey Injury Law Firm / Unsplash)

    When I was just starting out as a public defender, I got the opportunity to assist on a case that was scheduled for trial. Our client, who was out on bail, made it clear that he was innocent. If convicted after trial, he faced a mandatory minimum sentence involving significant prison time. 

    We worked incredibly long hours — researching the law, conducting investigations, and consulting with our client — and we developed a trial strategy that we believed could vindicate him.  

    On the morning that jury selection was scheduled to begin, we got an offer: the prosecutor announced that if our client pleaded guilty, he could be free within a year. 

    I vividly remember standing in the hallway of the criminal court watching our client struggle with this offer. He said he was innocent — why should he admit to something he didn’t do and go to jail? We were ready to go to trial — what was all of that work for? If we believed he was innocent, why would we urge him to plead guilty? 

    But my experienced colleagues were clear-eyed. They understood — and explained — the enormous risk that the trial represented, including the fact that he was a young Black man whose case would be decided by an overwhelmingly white jury. 

    Our client pleaded guilty. 

    The Sixth Amendment enshrines the right to trial for anyone accused of a crime. Yet, in America today, less than 3% of criminal cases ever make it to trial. 

    A lot of factors drive that statistic, including the trial penalty: the practice of offering more lenient sentences in exchange for a guilty plea before trial and promising (and imposing) severe sentences after a conviction at trial. Confronted with an impossible choice — fighting for their innocence but often risking decades in prison or admitting to something they didn’t do but salvaging their family and future — innocent people can and do plead guilty. 

    DALLAS, TX - MAY 24: Tyrone Day attends his exoneration hearing in the Frank Crowley Courts Building in Dallas, Texas on May 24, 2023. (Montinique Monroe for Innocence Project)

    Tyrone Day attends his exoneration hearing in the Frank Crowley Courts Building in Dallas, Texas on May 24, 2023. (Image: Montinique Monroe for Innocence Project)

    Take Tyrone Day, a client of the Innocence Project and Innocence Project of Texas, who was exonerated last week. He was wrongly convicted of a 1989 sexual assault in Dallas. On the advice of his attorney and under threat of a 99-year prison sentence, he agreed to plead guilty after his attorney incorrectly told him that he would be eligible for parole after serving four years. Mr. Day spent nearly 26 years behind bars for a crime he did not commit as a result of that plea deal.

    Innocence Project re-entry coach Rodney Roberts, who was also wrongfully convicted as a result of a plea deal, described the experience as, “saving and sabotaging [myself] at the same time.”

    Of the more than 3,300 people exonerated since 1989, one in four (25%) pleaded guilty. And more than 60% were people of color.

    DALLAS, TX - MAY 24: Tyrone Day attends his exoneration hearing in the Frank Crowley Courts Building in Dallas, Texas on May 24, 2023. (Montinique Monroe for Innocence Project)

    Tyrone Day attends his exoneration hearing in the Frank Crowley Courts Building in Dallas, Texas on May 24, 2023. (Image: Montinique Monroe for Innocence Project)

    How Did We Get Here?

    Tough-on-crime rhetoric has resulted in federal and state legislation that imposes draconian mandatory minimum sentences. These laws prevent judges from considering mitigating factors — like trauma and abuse — and imposing individualized sentences. Instead, prosecutors can unilaterally decide to file charges that require high sentences and unilaterally decide if, when, and how such charges or sentences may be reduced in plea negotiations.

    Add to the mix the very rational fear of pretrial detention, which serves as an additional thumb on the scale in favor of taking a plea deal even in cases of innocence and cases in which the stakes are lower because the potential charges are not as serious. For example, when faced with the prospect of a stint in New York City’s notoriously violent jail Rikers Island, Jason Serrano pleaded guilty despite being innocent. Police body camera footage showed officers planting drugs in his car.

    None of this is good for justice. A guilty plea short-circuits the process (from discovery to investigation to cross-examination) that can otherwise expose coercion, misconduct, and actual innocence. It also prevents meaningful accountability.

    How Do We Fix It?

    Calls for an end to the trial penalty have gained momentum across the country. We’ve joined with 24 leading national civil rights and criminal legal reform groups to form the End the Trial Penalty Coalition — a group that has developed reform recommendations and will push for those reforms at every point in the system. As members of the American Bar Association Plea Bargaining Task Force, we, along with a diverse group of fellow attorneys, judges, and academics, released a groundbreaking report earlier this year that outlines recommendations to reduce excessive plea bargaining.

    In New York, we’ve helped advance truly transformational reforms. In 2019, legislators enacted pre-plea discovery measures that allowed people accused of crimes to see the evidence against them before considering a plea deal, for the first time. 

    That same legislative package addressed cash bail and pretrial detention to keep people out of pretrial detention facilities like Rikers, and thereby lessen the risk of false guilty pleas. Despite the fact that these reforms likely prevented an unknown number of coerced pleas and kept people safely in their communities rather than detained in dangerous jails, there have been multiple efforts to roll back these critical reforms and New York must remain ever vigilant in protecting them.

    Still, there are other changes we need to drive. We need to eliminate the use of extreme sentences, including mandatory minimums; ensure prosecutors offices have ethical charging policies; give judges more discretion to “look back” and adjust excessive sentences; and remove language often used in plea agreements that requires people to waive certain legal rights. We need to get rid of charge stacking — a practice in which police officers and prosecutors level as many charges at a person accused of a crime as they can and, in turn, heighten an accused person’s anxiety and the pressure to settle. And we should close the door on “take-it-or-leave” offers where people have virtually no time to make a decision.

    Without a concerted and serious approach to preserving the critical constitutional right to trial, our legal system will continue to function like a game of chance — pushing people to take a bet on the due process of law when they know that the deck is stacked against them. 

    With gratitude,

    Christina Swarns
    Executive Director, Innocence Project

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    This content originally appeared on Innocence Project and was authored by Justin Chan.

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    Amnesty calls on Jakarta to free West Papuan activist Victor Yeimo https://www.radiofree.org/2023/05/10/amnesty-calls-on-jakarta-to-free-west-papuan-activist-victor-yeimo/ https://www.radiofree.org/2023/05/10/amnesty-calls-on-jakarta-to-free-west-papuan-activist-victor-yeimo/#respond Wed, 10 May 2023 23:30:00 +0000 https://asiapacificreport.nz/?p=88180

    Amnesty International is calling on Indonesia to release West Papua National Committee (KNPB) international spokesperson Victor Yeimo.

    Yeimo was sentenced on Friday to eight months in prison for his involvement in an anti-racism protest in Papua in August 2019.

    In a statement, Amnesty International is calling for the immediate and unconditional release of Yeimo and all Papuans imprisoned for peacefully expressing their political opinions.

    Amnesty Indonesia executive director Usman Hamid said the arbitrary arrest and detention of Victor Yeimo and many other Papuans was discriminatory and constituted a failure of the Indonesian state to uphold and protect the democractic and human rights of its citizens.

    “The fact that he and many Papuans have been arrested and detained for peacefully expressing their political opinion represents the state’s neglect on human rights protection,” he said.

    Hamid said data collected between 2019 and 2022 indicates an alarming escalation in efforts to silence and intimidate Papuan activists in Indonesia with at least 78 people facing criminal charges and prosecution for allegedly violating treason articles under the Penal Code.

    Carolyn Nash, Asia advocacy director at Amnesty USA, said human rights were under attack in the autonomous region.

    ‘Escalating efforts to silence Papuans’
    “These escalating efforts to silence and intimidate Papuan activists should alarm the US government, which has repeatedly looked to Indonesia as a regional example of democratic norms commitment to human rights principles,” she said.

    “But the reality is clear: these human rights principles are under attack.

    “The treatment of Papuan activists is the measure by which the US can assess the Indonesian government’s commitment to protect free expression — and the Indonesian government is demonstrating how weak that commitment truly is.”

    Previously, West Papua Action Aotearoa spokesperson Catherine Delahunty said Yeimo’s only crime had been to stand up against the abuse of West Papuan students in Indonesia.

    In March, a West Papuan advocacy group claimed 20 Papuans who were fundraising for the victims of tropical cyclones in Vanuatu were arrested by Indonesian police in the provincial capital Jayapura.

    This article is republished under a community partnership agreement with RNZ.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    Viktor Yeimo denounces Jakata’s ‘systemic racism’ in Papua in his treason case defence https://www.radiofree.org/2023/05/08/viktor-yeimo-denounces-jakatas-systemic-racism-in-papua-in-his-treason-case-defence/ https://www.radiofree.org/2023/05/08/viktor-yeimo-denounces-jakatas-systemic-racism-in-papua-in-his-treason-case-defence/#respond Mon, 08 May 2023 12:30:56 +0000 https://asiapacificreport.nz/?p=88054 Jubi News

    A West Papuan leader, defending himself against treason charges, has denounced “systemic racism” by Indonesian authorities in the Melanesian region in a court hearing.

    Viktor Yeimo, the international spokesperson of the West Papua National Committee (KNPB), presented his defence statement — pledoi — in a hearing at the Jayapura Class 1A District Court in Papua Province last Thursday.

    He claimed that the treason charge against him was discriminatory and had political undertones.

    Yeimo also argued that the trial conducted at the Jayapura District Court had failed to provide evidence of any wrongdoing or violation of the law — let alone treason — on his part.

    The accusation of treason against Yeimo was linked to his alleged involvement in the anti-racism protests in Jayapura City on August 19 and 29, 2019.

    These protests were made to condemn derogatory remarks made towards Papuan students at the Kamasan III Student Dormitory in Surabaya on August 16, 2019.

    On August 12, 2021, the Jayapura District Court registered the alleged treason case under the case number 376/Pid.Sus/2021/PN Jap. The trial was presided over by chief judge Mathius and member judges Andi Asmuruf and Linn Carol Hamadi.

    Witnesses ‘proved innocence’
    When reading his defence statement, Yeimo said that all witnesses presented by the prosecutor had actually proven the fact that he did not plan or coordinate the demonstrations against Papuan racism that took place in Jayapura City.


    Video of Viktor Yeimo’s defence presentation.  Video: Jubi TV

    “At the August 19, 2019 action, I participated as a participant in the action against racism, and took part in securing the peaceful action at the request of students until it was over,” Yeimo said.

    During the hearing, Yeimo argued that the witnesses produced by the prosecutor had actually corroborated his innocence. Their testimony had shown that he did not organise the protests in question.

    Yeimo maintained that he had simply participated in the protests as a supporter of the cause and had helped ensure their peaceful conduct.

    “During the protest on August 19, 2019, I merely acted as a participant and helped maintain a peaceful demonstration until it ended,” Yeimo said in his defence.

    Yeimo highlighted the testimony of Feri Kombo, the former head of the Cenderawasih University Student executive board in 2019, who affirmed that Yeimo was not involved in the planning or coordination of the anti-racism protests.

    Kombo was summoned as a witness on February 7, 2023, and testified that Yeimo had only given a speech at the event when requested by the protesters, and that the speech was intended to maintain order among them.

    Delivered speeches
    “I delivered speeches expressing my disappointment with the acts of racism in Surabaya. This aspiration is protected by the country’s laws as a constitutional right,” Yeimo said.

    “As stated by the state administration expert witness and the philosophy expert witness, this right has a scientific basis.”

    In addition, Yeimo stressed that he had never been involved in participating, let alone planning, in the protest that occurred on August 29, 2019, which was confirmed by all the witnesses presented in the trial.

    Yeimo admitted that he had taken photos and videos in front of the Papuan People’s Assembly (MRP) office and the Governor’s Office, but did not join the protest.

    Yeimo clarified that he captured photos and videos to share with journalists and the public outside of Papua since the internet network was cut off by the central government at the time.

    He added that President Joko Widodo had been found guilty of unlawful acts by a judge in the State Administrative Court in relation to the internet blackout.

    Response to racism
    Yeimo said that the anti-racism demonstration was a spontaneous action taken by both Papuan and non-Papuan people in response to the racial insults that had been directed at Papuan students in Surabaya.

    “The 2019 anti-racism protest that spread throughout Papua was a spontaneous response by Papuans and non-Papuan sympathizers from various backgrounds including private sector workers, students, farmers, military and police, and others.

    “Everyone was reacting to the racist remarks in Surabaya. The demonstration in Jayapura was organised by students and the Cipayung group, and there was no planning, conspiracy, or treason as alleged.

    “My speech was to represent the Papuan people who felt outraged by the racist insults. I deny all accusations that link me to my organizational background and other activities that have no direct connection to the facts of the anti-racism protest,” Yeimo said.

    Yeimo stated that during the protest on August 19, 2019, he spoke about the issue of racism and discrimination in Indonesia. He emphasised that these problems were not merely personal issues but rather systematic problems that were perpetuated for the benefit of the ruling economic powers.

    “It is evident that racist views have led to Papuans being treated differently in all aspects of their lives. The negative stigma attached to Papuans is what led the mass organisation and state apparatus to attack the Papuan Student Dormitory in Surabaya.”

    In his statement, Yeimo’s arguments revolved around the issue of racial discrimination that Papuans have faced and how it is seen as a normal occurrence that the State tolerates.

    Papuans standing up to injustices
    He highlighted that when Papuans stood up against these injustices, they were met with accusations of provocation and charged with treason.

    “This trial case proves it. Racism really exists in all these accusations and charges. Could the State explain why the Papuan race is a minority, with only 2.9 million people remaining, while in Papua New Guinea there are already 17 million Papuans?” Yeimo asked.

    In his pledoi, Yeimo not only defended himself against the treason allegations but also criticised Indonesia’s lack of development in Papua.

    He raised questions about why the poverty rate in Papua remained the highest among all provinces in Indonesia and why the Human Development Index in the region had consistently been the lowest.

    Yeimo pointed out the contrasting approaches taken by the Indonesian government in resolving the conflict in Aceh and in Papua.

    Differences with Aceh
    While the Aceh conflict was resolved through peace talks, Papua’s aspirations for independence have been met with violence and imprisonment.

    Yeimo questioned why the government treats the two regions so differently.

    Yeimo said that although Indonesia had enacted several laws to address issues of discrimination, freedom of expression, and special autonomy for Papua, these laws do not seem to be enforced in Papua, and their implementation did not benefit the indigenous Papuans.

    “Isn’t that a structured crime against us Papuans? Can the government answer these questions? Or do the answers have to come from the muzzle of a gun?” asked Yeimo.

    “Why is the government avoiding solutions recommended by state institutions such as the Indonesian Institute of Sciences, the National Research and Innovation Agency, and others who present the studies on Papua problems?”

    Linguist witness competence in Yeimo’s trial questioned
    During the hearing, Viktor Yeimo’s legal team, represented by the Papua Law Enforcement and Human Rights Coalition, presented a defence read by advocate Emanuel Gobay.

    Gobay argued that the prosecutor’s conclusion that Yeimo had committed treason relied solely on the testimony of a linguist witness who lacked the necessary expertise to prove the elements of the crime of treason as outlined in Article 106 jo Article 55 paragraph (1) to 1 of the Criminal Code, which Yeimo had been charged with.

    “As a matter of fact, during the trial, the prosecutor never presented a criminal expert witness. Instead, the prosecutor relied on a linguist and then concluded that Viktor Yeimo was guilty of treason,” said Gobay.

    According to Gobay, Yeimo’s legal team had presented multiple expert witnesses who explained the components of the treason offence, which included the elements of intent, territorial separation, and participation.

    “All elements mentioned in Article 106 are not proven based on the testimony of both the prosecutor’s witnesses and the expert witnesses we presented,” Gobay said.

    Gobay expressed the hope that the judges would review all the facts presented in Yeimo’s trial.

    He asked the judges to re-examine the data provided by legal philosophy expert Tristam Pascal Moeliono, human rights expert Herlambang P Wiratraman, conflict resolution expert in Papua Cahyo Pamungkas, and criminal law expert Amira Paripurna.

    Ultimately, Gobay made a plea to the judges to exonerate Viktor Yeimo, stating there was no proof of the alleged offences.

    He requested restoration of Yeimo’s reputation and the State to bear the trial costs.

    Republished from Jubi with permission.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    Will Detainees at Guantanamo Bay Ever Go to Trial? https://www.radiofree.org/2023/05/05/will-detainees-at-guantanamo-bay-ever-go-to-trial/ https://www.radiofree.org/2023/05/05/will-detainees-at-guantanamo-bay-ever-go-to-trial/#respond Fri, 05 May 2023 19:00:23 +0000 http://www.radiofree.org/?guid=0e22482fceb70a91724ab323f14c9903
    This content originally appeared on VICE News and was authored by VICE News.

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    In E. Jean Carroll’s “Heroic” Rape Trial Against Trump, His Team Calls No Witnesses https://www.radiofree.org/2023/05/05/in-e-jean-carrolls-heroic-rape-trial-against-trump-his-team-calls-no-witnesses/ https://www.radiofree.org/2023/05/05/in-e-jean-carrolls-heroic-rape-trial-against-trump-his-team-calls-no-witnesses/#respond Fri, 05 May 2023 14:48:46 +0000 http://www.radiofree.org/?guid=5959f61f7aa830b87a55052b87bf7b2c
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    In E. Jean Carroll’s “Heroic” Rape Trial Against Trump, His Team Calls No Witnesses. Will He Testify? https://www.radiofree.org/2023/05/05/in-e-jean-carrolls-heroic-rape-trial-against-trump-his-team-calls-no-witnesses-will-he-testify/ https://www.radiofree.org/2023/05/05/in-e-jean-carrolls-heroic-rape-trial-against-trump-his-team-calls-no-witnesses-will-he-testify/#respond Fri, 05 May 2023 12:28:30 +0000 http://www.radiofree.org/?guid=9bf5016d8c0a33eb418e3ae8ce957f1b Seg2 ejeancarroll testimony 2

    Former President Donald Trump’s legal team rested its case Thursday in the rape, battery and defamation trial brought by writer E. Jean Carroll without calling a single witness. Carroll has accused Trump of raping her in a dressing room at Bergdorf Goodman in the 1990s. Carroll was able to file the case against Trump decades later because New York opened a one-year window on the statute of limitations for adult survivors of sexual assault. Trump says he may still ask to testify before jury deliberations are set to begin next week. The lawsuit against Trump is a major effort to counter the “long-standing tradition in our culture of protecting powerful men from consequences for sexual assault and sexual harassment,” says Deborah Tuerkheimer, law professor at Northwestern University and the author of Credible: Why We Doubt Accusers and Protect Abusers.


    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    https://www.radiofree.org/2023/05/05/in-e-jean-carrolls-heroic-rape-trial-against-trump-his-team-calls-no-witnesses-will-he-testify/feed/ 0 392756
    ‘Not Surprised, But Disgusted’: Fox Avoids Trial by Settling With Dominion for $787.5 Million https://www.radiofree.org/2023/04/18/not-surprised-but-disgusted-fox-avoids-trial-by-settling-with-dominion-for-787-5-million/ https://www.radiofree.org/2023/04/18/not-surprised-but-disgusted-fox-avoids-trial-by-settling-with-dominion-for-787-5-million/#respond Tue, 18 Apr 2023 21:11:49 +0000 https://www.commondreams.org/news/dominion-fox-settlement

    Moments before Fox News was set to face a jury regarding the false claims repeatedly made on air about Dominion Voting Systems and the 2020 election, the right-wing media corporation announced it had reached a settlement with the company.

    The settlement amounted to $787.5 million and Dominion CEO John Poulos said in a press conference outside the courtroom in New York that "Fox has admitted to telling lies about Dominion," but critics said the financial agreement robbed the public of a trial that would have exposed the news network's lies about fraud during the 2020 election and its behind-the-scenes operations.

    "The trial would've exposed the underpinnings of a corporation that has spent almost three decades radicalizing middle-age and older white people with lies, fear, hatred, and white supremacy," said Ashtin Pittman of the Mississippi Free Press.

    Dominion filed a defamation lawsuit against Fox in 2021, challenging repeated baseless claims by guests and hosts of the network that former President Donald Trump was the true winner of the 2020 election and that Dominion's voting machines had changed votes in President Joe Biden's favor. Private messages between hosts and producers at the network have since been exposed, showing many believed the lies to be "reckless" and "absurd" even as Fox continued to spread them.

    If Fox truly admitted wrongdoing, said a number of critics, it should be required to do so on-air and not just in a private settlement.

    Though the settlement means there will not be a public airing of Fox News' lies about Dominion, Media Matters president Angelo Carusone said the company has still "been completely exposed as a partisan propaganda outlet that is willing to do anything for profit and power."

    "The stain this leaves on Fox can't be wiped out with money," he said. "Fox News lied about the 2020 election; they all knew it was a lie, right up to the Murdochs themselves. What the Dominion trial offered was a keyhole view into the day-to-day industrial-scale deceit that takes place at Fox. It helped illustrate why the company is such a uniquely destructive force."


    This content originally appeared on Common Dreams and was authored by Common Dreams staff.

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    Remembering the Last Nuremberg Trial Prosecutor https://www.radiofree.org/2023/04/17/remembering-the-last-nuremberg-trial-prosecutor/ https://www.radiofree.org/2023/04/17/remembering-the-last-nuremberg-trial-prosecutor/#respond Mon, 17 Apr 2023 16:00:15 +0000 http://www.radiofree.org/?guid=70ed1148bc04c69b367a42d4c15ec62b
    This content originally appeared on VICE News and was authored by VICE News.

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    https://www.radiofree.org/2023/04/17/remembering-the-last-nuremberg-trial-prosecutor/feed/ 0 388302
    How the Legal and Political Worlds Will Shape Trump’s Criminal Trial https://www.radiofree.org/2023/04/14/how-the-legal-and-political-worlds-will-shape-trumps-criminal-trial/ https://www.radiofree.org/2023/04/14/how-the-legal-and-political-worlds-will-shape-trumps-criminal-trial/#respond Fri, 14 Apr 2023 05:44:55 +0000 https://www.counterpunch.org/?p=279140 Manhattan District Attorney Alvin Bragg inherited a yearslong grand jury investigating whether former President Donald Trump, as a presidential candidate in 2016, paid to cover up an alleged 2006 affair that could have damaged his campaign. Should the criminal charges not be dismissed, Trump’s pending trial for breaking the law will be determined by the More

    The post How the Legal and Political Worlds Will Shape Trump’s Criminal Trial appeared first on CounterPunch.org.


    This content originally appeared on CounterPunch.org and was authored by Nick Licata.

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    Vietnamese blogger Nguyen Lan Thang demands public trial https://www.rfa.org/english/news/vietnam/blogger-secret-trial-04102023014611.html https://www.rfa.org/english/news/vietnam/blogger-secret-trial-04102023014611.html#respond Mon, 10 Apr 2023 05:49:00 +0000 https://www.rfa.org/english/news/vietnam/blogger-secret-trial-04102023014611.html Vietnamese blogger Nguyen Lan Thang goes to court Wednesday, accused of “conducting anti-state propaganda.” He’s been charged under the controversial Article 117 of the Criminal Code, often used by the authorities to suppress free speech on social media and Thang believes he won’t even have the opportunity to defend himself in court, according to his lawyer.

    Lawyer Le Dinh Viet spent time with his client last Friday at the Hanoi Police Department-run Temporary Detention Center No. 1.

    Thang told his lawyer he petitioned the People's Court of Hanoi on March 15 to request access to his case file, asked for a pen and paper to prepare his defense and requested permission to question an expert of Hanoi’s Department of Information and Communications before or at the trial. So far his requests have been ignored and Thang said if they are not met soon it will  seriously affect his right to defend himself. 

    Lawyer Viet said his client did not agree with Hanoi People's Court’s decision to hold a closed trial because his case has nothing to do with state secrets.

    Article 25 of the 2015 Criminal Procedure Code stipulates that the court must conduct a public trial, except in specific cases: where it is necessary to keep state secrets, protect the customs and traditions of the nation, to protect persons under 18 years of age, or to keep the private lives of parties involved secret at their request. In all those cases the sentencing must be public.

    The lawyer posted Thang’s comments on his personal Facebook page to publicize his client’s objections to holding the trial ‘in camera.’

    “By holding a closed trial, I am afraid that the trial will not be conducted normally, and my activities and even my rights, including the right to defend, will not be guaranteed according to the law,” Thang is quoted as saying.

    “If the case is heard publicly, I will have the opportunity to express my views and argue about what the Procuracy uses as a basis for accusing me. Only then will I have a real chance to prove that I am not guilty of the crime as alleged by the Procuratorate's indictment."

    The 48-year-old has written several articles on freedom, democracy and human rights on the RFA Vietnamese blog since late 2013.

    Thang joined the protest movement against China infringing on Vietnam's territorial waters in 2011 and is a photographer who has contributed many images and videos about protests over the sovereignty of the sea and islands, and also the fight against injustice in Vietnam. 

    Translated by RFA Vietnamese. Edited by Mike Firn.


    This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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    Former 1989 student leader stands trial over calls for massacre reappraisal https://www.rfa.org/english/news/china/tiananmen-leader-trial-04052023135019.html https://www.rfa.org/english/news/china/tiananmen-leader-trial-04052023135019.html#respond Wed, 05 Apr 2023 17:50:36 +0000 https://www.rfa.org/english/news/china/tiananmen-leader-trial-04052023135019.html A former student leader of the 1989 protest movement at Hangzhou University has stood trial in the eastern province of Zhejiang for “picking quarrels and stirring up trouble,” a charge frequently used to target peaceful critics of the ruling Chinese Communist Party, after he refused food and drink in detention to commemorate the Tiananmen massacre.

    Xu Guang appeared in poor health and was extremely weak as he stood trial by video link at the Xihu District People’s Court on April 3, following months of hunger striking and intermittent force-feeding while in a police-run detention center, fellow activist Li Qing told Radio Free Asia on Wednesday.

    He told the court that he had refused food and drink in detention to remind the world to “never forget June 4th,” the date of the 1989 Tiananmen massacre that put an end to weeks of student-led protest in Beijing and other major Chinese cities.

    “He was very weak,” Li said. “It wasn’t that cold ... but he was wearing a padded jacket, so I think he must be pretty thin – his face looked very thin.”

    Li said the authorities had removed his nutritional IV drip, and that Xu had asked for it to be brought back before he would address the court.

    “I need the nutrient drip if I’m to have the strength to speak,” Xu said, after which his doctor told the judge that he should be able to speak with no problem.

    “I can’t talk with the nutrient drip,” Xu insisted, speaking slowly but clearly after it was wheeled over and put in again, according to Li.

    Later, he told the court: “I had just one aim in pursuing this hunger strike, which was to remind the world not to forget June 4th.”

    Public mourning for victims or discussion of the events of spring and summer 1989 are banned, and references to June 4, 1989, blocked, filtered or deleted by the Great Firewall of government internet censorship.

    Tank-shaped ice cream

    Beauty influencer Austin Li, part of a generation of younger Chinese people who consequently know little of the massacre, had his June 3, 2022, livestream interrupted after he displayed a tank-shaped ice cream dessert, prompting censors to pull the plug immediately.

    Li said he was particularly moved by Xu’s closing statement.

    “He said: ‘I love this country, and I love the Chinese people. I want the verdict on the 1989 protests to be overturned,’” Li said.

    Xu friend and fellow activist Zou Wei said the prosecution had based its case on comments made by Xu on overseas social media platforms.

    “The long arm of the Chinese Communist Party now extends overseas,” Zou said. “Xu Guang’s video comments on Facebook, Twitter and Telegram are being used as a basis for conviction.”

    The prosecution requested a jail term of less than five years, sources told Radio Free Asia.

    Xu, 54, had been approached by officers from the Xihu district police department and warned to keep a low profile during the 33rd anniversary of the 1989 Tiananmen massacre on June 4, 2022.

    He was later detained after he held up a placard outside his local police station calling for the official verdict on the 1989 protest movement to be overturned.

    ‘Never publicly accounted for its actions’

    Xu previously served a five-year jail term after trying to formally register the China Democracy Party as a political party in 1998, and has repeatedly called on the party leadership to overturn the official verdict of “counterrevolutionary rebellion” on the 1989 protests.

    The New York-based Human Rights in China describes the June 3-4, 1989, massacre as a government-backed military crackdown that ended large-scale, peaceful protests in Beijing and other cities during that year.

    But the government described the protests as “counterrevolutionary riots,” a term they later replaced with “political disturbances” which they say were suppressed by “decisive measures.”

    “The Chinese government has never publicly accounted for its actions with an independent and open investigation, brought to justice those responsible for the killing of unarmed civilians, or compensated the survivors or families of those killed,” the group says on its website.

    “In fact, it has never made public even the names and the number of people killed or wounded during the crackdown, or of those executed or imprisoned afterwards in connection with the protests,” it said.

    Translated by Luisetta Mudie. Edited by Matt Reed.


    This content originally appeared on Radio Free Asia and was authored by By Gao Feng for RFA Mandarin.

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    Silverstone Trial Sentencing | GB News | 31 March 2023 | Just Stop Oil #shorts https://www.radiofree.org/2023/03/31/silverstone-trial-sentencing-gb-news-31-march-2023-just-stop-oil-shorts/ https://www.radiofree.org/2023/03/31/silverstone-trial-sentencing-gb-news-31-march-2023-just-stop-oil-shorts/#respond Fri, 31 Mar 2023 16:37:39 +0000 http://www.radiofree.org/?guid=598828b1778467b120e368e3007d57ae
    This content originally appeared on Just Stop Oil and was authored by Just Stop Oil.

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    Silverstone Trial Sentencing | BBC News Look East | 31 March 2023 | Just Stop Oil #shorts https://www.radiofree.org/2023/03/31/silverstone-trial-sentencing-bbc-news-look-east-31-march-2023-just-stop-oil-shorts/ https://www.radiofree.org/2023/03/31/silverstone-trial-sentencing-bbc-news-look-east-31-march-2023-just-stop-oil-shorts/#respond Fri, 31 Mar 2023 14:43:09 +0000 http://www.radiofree.org/?guid=54c6c4612f8815475627edac7c2af376
    This content originally appeared on Just Stop Oil and was authored by Just Stop Oil.

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    Video from China viral as trial run of train on Chenab bridge in J&K https://www.radiofree.org/2023/03/29/video-from-china-viral-as-trial-run-of-train-on-chenab-bridge-in-jk/ https://www.radiofree.org/2023/03/29/video-from-china-viral-as-trial-run-of-train-on-chenab-bridge-in-jk/#respond Wed, 29 Mar 2023 09:44:00 +0000 https://www.altnews.in/?p=152216 The highest railway bridge in the world, which will link Katra and Banihal and span the Chenab River at a height of 359 meters, is under construction in Jammu and...

    The post Video from China viral as trial run of train on Chenab bridge in J&K appeared first on Alt News.

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    The highest railway bridge in the world, which will link Katra and Banihal and span the Chenab River at a height of 359 meters, is under construction in Jammu and Kashmir as a part of the Udhampur-Srinagar-Baramulla Rail Link project. ANI reported that a test run was conducted on the bridge on March 21. Against this backdrop, several social media users have shared a video claiming it shows the test run of a train conducted on the bridge.

    Former BJP MLA R P Singh, who is the party’s national spokesperson, shared the video. The tweet has over 17,000 views at the moment.

    Kamran Ali Mir, a Twitter Blue subscriber, shared this video with exactly the same caption. His tweet has received over 70,000 views at the time of the writing of this article.

    Boora Narsaiah Goud, former BJP MP from Telangana, shared this video.

    Industrialist Anand Mahindra quote-tweeted a tweet carrying the video and the above-mentioned caption. He later deleted the tweet. here is a screenshot:

     

    The video was also shared on Facebook multiple times.

    Click to view slideshow.

    Fact Check

    When we broke down the viral video into key frames using InVid and reverse-searched one of those frames, we were led to a website called highestbridges.com. The bridge shown in the video is not the Chenab bridge from J&K. It is a bridge in China called Beipanjiang Railway Bridge, Shuibai. It is located southwest of the city of Liupanshui near the north end of China’s Guizhou province on the Shuibai Railway.

    The viral video was shared on Facebook by a user named Adnan on June 27, 2022. It has a caption that says ‘Beipan River Bridge Guizhou’. Therefore, it can not be of the Chenab bridge trial run.

    Beipan River Bridge 🇨🇳 Guizhou

    http://beautiful.wiki/wiki/List_of_bridges_in_Guizhou

    Posted by Andan on Monday, 27 June 2022

    Then, by performing a keyword search on Twitter, Alt News came across a tweet from the official handle of Northern Railways, posting pictures about the newly inaugurated Chenab Railway bridge. The picture of the bridge and the topography in this tweet do not match the same in the viral video.

    Readers can see the differences in the side-by-side comparison below:

    Therefore, the video making rounds on social media claiming to be of the Chenab Railway Bridge from Jammu and Kashmir is actually a video of a bridge in China called Beipanjiang Railway Bridge Shuibai.

    The post Video from China viral as trial run of train on Chenab bridge in J&K appeared first on Alt News.


    This content originally appeared on Alt News and was authored by Vansh Shah.

    ]]>
    https://www.radiofree.org/2023/03/29/video-from-china-viral-as-trial-run-of-train-on-chenab-bridge-in-jk/feed/ 0 383051
    Morgan Trowland and Marcus Decker on Trial | BBC News East | 28 March 2023 | Just Stop Oil https://www.radiofree.org/2023/03/29/morgan-trowland-and-marcus-decker-on-trial-bbc-news-east-28-march-2023-just-stop-oil/ https://www.radiofree.org/2023/03/29/morgan-trowland-and-marcus-decker-on-trial-bbc-news-east-28-march-2023-just-stop-oil/#respond Wed, 29 Mar 2023 00:15:33 +0000 http://www.radiofree.org/?guid=5cac587099e2158cad9cd2823b3e267d
    This content originally appeared on Just Stop Oil and was authored by Just Stop Oil.

    ]]>
    https://www.radiofree.org/2023/03/29/morgan-trowland-and-marcus-decker-on-trial-bbc-news-east-28-march-2023-just-stop-oil/feed/ 0 382984
    Oyster mushrooms expected to break down cigarette butts in new trial https://grist.org/solutions/oyster-mushrooms-expected-to-break-down-toxins-and-microplastics-in-cigarette-butts-in-australian-trial/ https://grist.org/solutions/oyster-mushrooms-expected-to-break-down-toxins-and-microplastics-in-cigarette-butts-in-australian-trial/#respond Wed, 22 Mar 2023 08:15:00 +0000 https://grist.org/?p=605395 This story was originally published by the Guardian and is reproduced here as part of the Climate Desk collaboration.

    Up to 1.2 million cigarette butts could be consumed by oyster mushrooms that break down toxins and microplastics as part of a trial funded by the Victorian government.

    Up to 9 billion plastic cigarette butts are discarded in Australia each year, according to the World Wide Fund for Nature, seeping harmful microplastics and chemicals such as arsenic into waterways and soil.

    Sustainability Victoria will fund a program that diverts butts from landfill to a laboratory, where fungi will consume the plastic and chemicals. Studies will then determine if the byproduct produced can be transformed into a polystyrene replacement.

    The program will be run by Melbourne-based Fungi Solutions, which has spent years training mushrooms to consume cigarette butts, mimicking a process that occurs naturally in the wild.

    “Mushrooms have an incredibly adaptive digestive system and they use a lot of different things for food sources,” said Amanda Morgan, the chief executive and head of research at Fungi Solutions.

    “This particular material is quite toxic so it takes a while to encourage them in that direction, but we now have a strain of fungi that is going just exclusively on cigarette butts alone.”

    Morgan said most of the butts were consumed within seven days and mushrooms can be quickly cultivated to consume large amounts of plastic if required. Cigarette butts would otherwise take 15 years to break down in landfill.

    “[Cigarette butts] are a really challenging pollutant so anything we can do with them is good news for the environment,” Morgan said. “We think it’s the start of a really interesting conversation about how to recycle our materials responsibly and establish a circular economy.”

    The program is also led by the environmental group No More Butts, which hopes to expand the scheme if successful. Its founder, Shannon Mead, said removing 1.2 million butts from landfills was a realistic target for the trial.

    “We looked at what was feasible to collect from 80 businesses across Melbourne in just under one year as well as the funding available from Sustainability Victoria,” Mead said. “We’re aiming to go even higher if funds are available, and if that happens it could be the only commercially scalable recycling opportunity for cigarette butts in Australia.”

    Wollongong city council launched a two-year trial with Fungi Solutions in 2021, which indicated mushrooms can remove most of the toxins.

    But Morgan said more testing was required before the mushroom byproduct can be recycled.

    “We still need to be doing a fair bit of lab testing to have a look at the toxicity breakdown before and after remediation, but we are hoping that we can develop a nice clean material byproduct from this process,” Morgan said.

    About one-third of the nearly 100 chemicals inside cigarette butts are “acutely or chronically toxic” to sea life, according to Clean Up Australia. Butts have been found in the stomachs of birds, turtles, whales and fish.

    Last month Guardian Australia revealed that a taskforce to reduce cigarette butt pollution promised by the former Coalition government two years ago was never established.

    This story was originally published by Grist with the headline Oyster mushrooms expected to break down cigarette butts in new trial on Mar 22, 2023.


    This content originally appeared on Grist and was authored by Henry Belot, The Guardian.

    ]]>
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    Journalistic Malpractice on Trial https://www.radiofree.org/2023/03/10/journalistic-malpractice-on-trial/ https://www.radiofree.org/2023/03/10/journalistic-malpractice-on-trial/#respond Fri, 10 Mar 2023 13:00:57 +0000 https://dissidentvoice.org/?p=138582 “This is direct evidence of knowing falsity” exclaimed RonNell Anderson Jones, Professor of Law at the University of Utah, in a February 2023 interview with Jon Stewart. Jones noted that in most defamation cases “the likelihood that you will find evidence of them [news outlets] saying, ‘We know this is a lie and we would […]

    The post Journalistic Malpractice on Trial first appeared on Dissident Voice.]]>
    “This is direct evidence of knowing falsity” exclaimed RonNell Anderson Jones, Professor of Law at the University of Utah, in a February 2023 interview with Jon Stewart. Jones noted that in most defamation cases “the likelihood that you will find evidence of them [news outlets] saying, ‘We know this is a lie and we would like to move forward with it anyway is deeply unlikely.’” However, in the case of Dominion Voting Systems v. Fox News, “the filing contains just this trove of evidence of emails and text messages and internal memos that are ‘rare’ both in terms of the ‘volume of the evidence and as to the directness of the evidence.’” This sentiment was echoed by Harvard law professor Laurence Tribe who noted, “I have never seen a defamation case with such overwhelming proof that the defendant admitted in writing that it was making up fake information in order to increase its viewership and its revenues.”

    In the $1.6 billion defamation lawsuit, Dominion Voting Systems accuses Fox News Channel of falsely reporting that Dominion’s voting machines fraudulently delivered victory to Joe Biden in the 2020 U.S. Presidential Election. Court documents attained by other media outlets reveal that hosts and other high-ranking Fox News Channel officials – including the Chairman and CEO of Fox’s parent company News Corporation, Rupert Murdoch – knew these reports were false, but aired them because they were more concerned with confirming their audience’s belief that Donald Trump won the election.

    The evidence presented in the court documents speaks to the journalistic malpractice that plagues the cable news industry. Journalistic malpractice refers to professional journalists who privilege ideological bias and profits over truth in their reporting. Fox News Channel is patient zero for the plague of journalistic malpractice. It was created in 1996 by Rupert Murdoch and the late Roger Ailes, a media consultant for several Republican presidents, as a political project to sell conservative culture and policy to the American public with pro-conservative propaganda disguised as journalism. For example, Fox News Channel has

    • falsely claimed that other media outlets did not cover the conservative Tea Party rallies;
    • utilized videos out of context to inflate the perceived size of conservative protests;
    • labeled former President Barack Obama a racist;
    • declared Osama bin Laden as a John Kerry supporter;
    • perpetuated discredited reports on the existence of Weapons of Mass Destruction in Iraq;
    • introduced digitally altered photos to fabricate Black Lives Matter violence and make New York Times reporters appear to be revolting.

    Liberals were right to assert that such chicanery was propaganda, not journalism. But before liberal readers scold Fox News viewers, they should remind themselves that the plague of journalistic malpractice has also infected the liberal leaning cable networks such as CNN and MSNBC. Researchers and scholars have noted that the advent of cable and then the internet saw news media outlets shift from attaining the largest audience possible to focusing on a more specific or narrow demographic of the audience. While Fox News Channel sought to cater to Republican Party voting viewers, CNN and MSNBC did the same for Democratic Party voters. This gave the Democratic Party influence over programming that was tantamount to what the Republican Party long enjoyed at Fox.

    When Senator U.S. Bernie Sanders’ 2016 Presidential bid posed a threat to their desired candidate Hillary Clinton in 2016, leaders from the Democratic Party admitted they worked to undermine his campaign. Pro-Democratic party outlets like MSNBC and CNN aided in this effort by

    • creating an unfavorable debate schedule;
    • giving Clinton twice as much and more favorable coverage;
    • publishing 16 negative articles about Sanders in Washington Post (owned by major Democratic Party funder Jeff Bezos) in 16 hours;
    • ghost editing previous news articles to diminish Sanders’ quarter century of accomplishments;
    • inviting his opponent’s surrogates to attack his character under the auspices of being objective journalists.

    Their smear of Sanders continued in 2020 when

    • the Democratic Party-leaning news outlets misled the public about Sanders’ polling numbers;
    • CNN’s Abby Phillips drew gasps for ignoring Sanders’ claim that he never said a “woman could not be president;”
    • James Carville on MSNBC made the baseless claim that Russia was supporting Sanders;
    • MSNBC’s Chris Matthews compared Sander’s primary victories to the Nazi’s defeat of the French, an unfortunate comparison as Sanders’ family was murdered in the holocaust.

    Journalistic malpractice also plagued Covid-19 coverage. Starting in 2020, CNN’s Chris Cuomo utilized his platform – with the approval of CNN leadership – to host his brother, then New York Governor Andrew Cuomo. The jovial segments seemed like campaign advertisements as Chris treated Andrew as the anti-thesis to then President Trump: a competent executive who took decisive action to address the Covid-19 pandemic. Although, the Democratic versus Republican framing attracted partisan audiences, in reality, Andrew Cuomo and Trump were all too similar: both concealed the actual number of Covid-19 deaths in their jurisdiction, both put patients at risk with kickbacks to industry partners, and both utilized media contacts to stifle press reports about their alleged sexual crimes.

    The partisan falsehoods in cable news includes the production of powerful, long- running false stories designed to convince their audiences that the other party is wrong and crazy. For years now, conservatives and Fox News Channel perpetuated the baseless Qanon conspiracy, which alleges that a cabal of Satan-worshiping pedophiles – mainly in the Democratic Party – runs global affairs but Trump will break up the conspiracy. The absurdity of this conspiracy is tantamount to liberal leaning news media’s reporting on Russiagate, which sought to discredit Republicans. Since 2016, Russiagate – the story that Russia meddled in and influenced the outcome of the U.S. election in 2016, had direct connections to Donald Trump and his associates, and worked to help defeat Hillary Clinton for the presidency – was perpetuated by a series of false stories from Democratic Party-friendly media including

    • Russia hacking a Vermont power plant;
    • putting a bounty on U.S. soldiers in Afghanistan;
    • shifting election outcomes around the world;
    • turning Trump into an asset since 1987;
    • labeling the Hunter Biden laptop story as fake news.

    Conservatives rightly see this reporting and believe liberals are insane.

    Both factions need to look in a mirror. While audiences can clearly see the insanity in other networks’ viewers, they rarely seem to see it in themselves. Indeed, in the same week that CNN and others were having a schadenfreude moment over the Dominion v. Fox case, they hosted a commentator on the train derailment in East Palestine, Ohio without disclosing that he had lobbied for the train company Norfolk Southern. This example of hypocrisy and journalistic malpractice is not only costly to CNN’s credibility, but our democracy as well.

    Without a robust media system that privileges truth over preaching to the choir, the public will have endless debates devoid of facts on key issues such as critical race theory, vaccine efficacy, the origins of the COVID-19 virus, climate change, transgender issues, Ukraine, mysterious balloons, and more. Democratic discourse will be reduced to seeing Republicans as MAGA-hat wearing, blue lives matter-flag waving, gun nuts, and Democrats as medical mask wearing, “this house cares about everything” front-lawn sign adorning, professional victims and virtue signalers. These caricatures have never really been accurate, but as long as the nation is infected with the plague of journalist malpractice they will surely be perpetuated.

    While the courts are unlikely to deliver solace from political party propaganda disguised as journalism, they have provided some wisdom. Both Rachel Maddow and Tucker Carlson of MSNBC and Fox News Channel respectively, have been brought to court for spreading false information and were exonerated because the judges concluded that no reasonable person would believe either of them were telling the truth. That is good advice, and viewers would be wise to remember it every time they consider watching cable news.

    The post Journalistic Malpractice on Trial first appeared on Dissident Voice.


    This content originally appeared on Dissident Voice and was authored by Nolan Higdon.

    ]]>
    https://www.radiofree.org/2023/03/10/journalistic-malpractice-on-trial/feed/ 0 378474
    Journalistic Malpractice on Trial: What the Dominion Voting System Tells Us About How the Media Sacrificed their Credibility to Partisan Falsehoods https://www.radiofree.org/2023/03/07/journalistic-malpractice-on-trial-what-the-dominion-voting-system-tells-us-about-how-the-media-sacrificed-their-credibility-to-partisan-falsehoods/ https://www.radiofree.org/2023/03/07/journalistic-malpractice-on-trial-what-the-dominion-voting-system-tells-us-about-how-the-media-sacrificed-their-credibility-to-partisan-falsehoods/#respond Tue, 07 Mar 2023 01:05:49 +0000 https://www.projectcensored.org/?p=27808 By Nolan Higdon “This is direct evidence of knowing falsity” exclaimed RonNell Anderson Jones, Professor of Law at the University of Utah, in a February 2023 interview with Jon Stewart.…

    The post Journalistic Malpractice on Trial: What the Dominion Voting System Tells Us About How the Media Sacrificed their Credibility to Partisan Falsehoods appeared first on Project Censored.

    ]]>
    By Nolan Higdon

    “This is direct evidence of knowing falsity” exclaimed RonNell Anderson Jones, Professor of Law at the University of Utah, in a February 2023 interview with Jon Stewart. Jones noted that in most defamation cases “the likelihood that you will find evidence of them [news outlets] saying, ‘We know this is a lie and we would like to move forward with it anyway is deeply unlikely.’” However, in the case of Dominion Voting Systems v. Fox News, “the filing contains just this trove of evidence of emails and text messages and internal memos that are ‘rare’ both in terms of the ‘volume of the evidence and as to the directness of the evidence.’” This sentiment was echoed by Harvard law professor Laurence Tribe who noted, “I have never seen a defamation case with such overwhelming proof that the defendant admitted in writing that it was making up fake information in order to increase its viewership and its revenues.”

    In the $1.6 billion defamation lawsuit, Dominion Voting Systems accuses Fox News Channel of falsely reporting that Dominion’s voting machines fraudulently delivered victory to Joe Biden in the 2020 U.S. Presidential Election. Court documents attained by other media outlets reveal that hosts and other high-ranking Fox News Channel officials – including the Chairman and CEO of Fox’s parent company News Corporation, Rupert Murdoch – knew these reports were false, but aired them because they were more concerned with confirming their audience’s belief that Donald Trump won the election.

    The evidence presented in the court documents speaks to the journalistic malpractice that plagues the cable news industry. Journalistic malpractice refers to professional journalists who privilege ideological bias and profits over truth in their reporting. Fox News Channel is patient zero for the plague of journalistic malpractice. It was created in 1996 by Rupert Murdoch and the late Roger Ailes, a media consultant for several Republican presidents, as a political project to sell conservative culture and policy to the American public with pro-conservative propaganda disguised as journalism. For example, Fox News Channel has

    • falsely claimed that other media outlets did not cover the conservative Tea Party rallies;
    • utilized videos out of context to inflate the perceived size of conservative protests;
    • labeled former President Barack Obama a racist;
    • declared Osama bin Laden as a John Kerry supporter;
    • perpetuated discredited reports on the existence of Weapons of Mass Destruction in Iraq;
    • introduced digitally altered photos to fabricate Black Lives Matter violence and make New York Times reporters appear to be revolting.   

    Liberals were right to assert that such chicanery was propaganda, not journalism. But before liberal readers scold Fox News viewers, they should remind themselves that the plague of journalistic malpractice has also infected the liberal leaning cable networks such as CNN and MSNBC. Researchers and scholars have noted that the advent of cable and then the internet saw news media outlets shift from attaining the largest audience possible to focusing on a more specific or narrow demographic of the audience. While Fox News Channel sought to cater to Republican Party voting viewers, CNN and MSNBC did the same for Democratic Party voters. This gave the Democratic Party influence over programming that was tantamount to what the Republican Party long enjoyed at Fox.

    When Senator U.S. Bernie Sanders’ 2016 Presidential bid posed a threat to their desired candidate Hillary Clinton in 2016, leaders from the Democratic Party admitted they worked to undermine his campaign. Pro-Democratic party outlets like MSNBC and CNN aided in this effort by

    • creating an unfavorable debate schedule;
    • giving Clinton twice as much and more favorable coverage;
    • publishing 16 negative articles about Sanders in Washington Post (owned by major Democratic Party funder Jeff Bezos) in 16 hours;
    • ghost editing previous news articles to diminish Sanders’ quarter century of accomplishments;
    • inviting his opponent’s surrogates to attack his character under the auspices of being objective journalists.

    Their smear of Sanders continued in 2020 when

    • the Democratic Party-leaning news outlets misled the public about Sanders’ polling numbers;
    • CNN’s Abby Phillips drew gasps for ignoring Sanders’ claim that he never said a “woman could not be president;”
    • James Carville on MSNBC made the baseless claim that Russia was supporting Sanders;
    • MSNBC’s Chris Matthews compared Sander’s primary victories to the Nazi’s defeat of the French, an unfortunate comparison as Sanders’ family was murdered in the holocaust.

    Journalistic malpractice also plagued Covid-19 coverage. Starting in 2020, CNN’s Chris Cuomo utilized his platform – with the approval of CNN leadership – to host his brother, then New York Governor Andrew Cuomo. The jovial segments seemed like campaign advertisements as Chris treated Andrew as the anti-thesis to then President Trump: a competent executive who took decisive action to address the Covid-19 pandemic. Although, the Democratic versus Republican framing attracted partisan audiences, in reality, Andrew Cuomo and Trump were all too similar: both concealed the actual number of Covid-19 deaths in their jurisdiction, both put patients at risk with kickbacks to industry partners, and both utilized media contacts to stifle press reports about their alleged sexual crimes.

    The partisan falsehoods in cable news includes the production of powerful, long- running false stories designed to convince their audiences that the other party is wrong and crazy. For years now, conservatives and Fox News Channel perpetuated the baseless Qanon conspiracy, which alleges that a cabal of Satan-worshiping pedophiles – mainly in the Democratic Party – runs global affairs but Trump will break up the conspiracy. The absurdity of this conspiracy is tantamount to liberal leaning news media’s reporting on Russiagate, which sought to discredit Republicans. Since 2016, Russiagate – the story that Russia meddled in and influenced the outcome of the U.S. election in 2016, had direct connections to Donald Trump and his associates, and worked to help defeat Hillary Clinton for the presidency – was perpetuated by a series of false stories from Democratic Party-friendly media including

    • Russia hacking a Vermont power plant;
    • putting a bounty on U.S. soldiers in Afghanistan;
    • shifting election outcomes around the world;
    • turning Trump into an asset since 1987;
    • labeling the Hunter Biden laptop story as fake news.

    Conservatives rightly see this reporting and believe liberals are insane.

    Both factions need to look in a mirror. While audiences can clearly see the insanity in other networks’ viewers, they rarely seem to see it in themselves. Indeed, in the same week that CNN and others were having a schadenfreude moment over the Dominion v. Fox case, they hosted a commentator on the train derailment in East Palestine, Ohio without disclosing that he had lobbied for the train company Norfolk Southern. This example of hypocrisy and journalistic malpractice is not only costly to CNN’s credibility, but our democracy as well.   

    Without a robust media system that privileges truth over preaching to the choir, the public will have endless debates devoid of facts on key issues such as critical race theory, vaccine efficacy, the origins of the COVID-19 virus, climate change, transgender issues, Ukraine, mysterious balloons, and more. Democratic discourse will be reduced to seeing Republicans as MAGA-hat wearing, blue lives matter-flag waving, gun nuts, and Democrats as medical mask wearing, “this house cares about everything” front-lawn sign adorning, professional victims and virtue signalers. These caricatures have never really been accurate, but as long as the nation is infected with the plague of journalist malpractice they will surely be perpetuated.

    While the courts are unlikely to deliver solace from political party propaganda disguised as journalism, they have provided some wisdom. Both Rachel Maddow and Tucker Carlson of MSNBC and Fox News Channel respectively, have been brought to court for spreading false information and were exonerated because the judges concluded that no reasonable person would believe either of them were telling the truth. That is good advice, and viewers would be wise to remember it every time they consider watching cable news.

    The post Journalistic Malpractice on Trial: What the Dominion Voting System Tells Us About How the Media Sacrificed their Credibility to Partisan Falsehoods appeared first on Project Censored.


    This content originally appeared on Project Censored and was authored by Project Censored.

    ]]>
    https://www.radiofree.org/2023/03/07/journalistic-malpractice-on-trial-what-the-dominion-voting-system-tells-us-about-how-the-media-sacrificed-their-credibility-to-partisan-falsehoods/feed/ 0 377475
    Trial to start Tuesday for 3 Mada Masr journalists in Egypt https://www.radiofree.org/2023/03/06/trial-to-start-tuesday-for-3-mada-masr-journalists-in-egypt/ https://www.radiofree.org/2023/03/06/trial-to-start-tuesday-for-3-mada-masr-journalists-in-egypt/#respond Mon, 06 Mar 2023 18:02:14 +0000 https://cpj.org/?p=267669 New York, March 6, 2023–In response to reports that three journalists from the Egyptian independent news website Mada Masr are scheduled to face trial on Tuesday, March 7, on charges of misusing social media and offending members of parliament, the Committee to Protect Journalists issued the following statement calling for the charges against them to be dropped:

    “Egyptian authorities must immediately and unconditionally drop the charges against Mada Masr journalists Rana Mamdouh, Sara Seif Eddin, and Beesan Kassab, and cease pursuing the unjust case against them,” said CPJ Middle East and North Africa Program Coordinator Sherif Mansour. “This judicial harassment is a clear attack on journalists and the independent press in Egypt.”

    On Tuesday, Mamdouh, Eddin, and Kassab will face trial for allegedly misusing social media and offending members of the Nation’s Future Party, according to a statement by Mada Masr and news reports. If convicted, the journalists could each face up to two years in prison and fines up to 300,000 pounds (US$9,733).

    This trial stems from a complaint issued by Nation’s Future Party members over a Mada Masr article by the three journalists published on August 31, 2022, which alleged that members of the party had been involved in financial misconduct, according to those sources.

    CPJ emailed the Ministry of Interior and the Nation’s Future Party for comment but did not receive any response.


    This content originally appeared on Committee to Protect Journalists and was authored by Erik Crouch.

    ]]>
    https://www.radiofree.org/2023/03/06/trial-to-start-tuesday-for-3-mada-masr-journalists-in-egypt/feed/ 0 377397
    Calls grow for compassionate pass for Hong Kong subversion trial defendant Claudia Mo https://www.rfa.org/english/news/china/detained-democrat-03022023173329.html https://www.rfa.org/english/news/china/detained-democrat-03022023173329.html#respond Thu, 02 Mar 2023 22:33:50 +0000 https://www.rfa.org/english/news/china/detained-democrat-03022023173329.html Two years after national security police rounded up dozens of former opposition lawmakers and democracy activists in mass arrests for "subversion," politicians are calling on the British government for the immediate release of one of the arrestees on humanitarian grounds, amid reports that her husband is critically ill.

    The cross-party group of 54 U.K. parliamentarians and public figures called on Foreign Secretary James Cleverly to ask the Hong Kong government for the immediate release of former pro-democracy lawmaker Claudia Mo, on compassionate grounds.

    The letter notes reports that Claudia Mo’s husband, British journalist Philip Bowring, is currently in a hospital ICU with pneumonia, according to a copy posted online.

    "Given that her husband and her children are U.K. citizens and Claudia previously held U.K. citizenship, we believe the Foreign, Commonwealth, and Development Office has a special responsibility for her welfare and to champion her release," the letter said.

    A panel of three handpicked national security judges and no jury is currently in the process of trying 47 former pro-democracy lawmakers and political activists including Mo for "incitement to subvert state power" at Hong Kong’s High Court.

    The prosecution has said their bid to win a majority of seats by running a primary election for pro-democracy candidates was "a conspiracy" to undermine the city's government and take control of the Legislative Council. 

    The defendants could face life imprisonment under a draconian national security law imposed on Hong Kong by the ruling Chinese Communist Party from July 1, 2020.

    "Given our legal and historic ties to the people of Hong Kong ... more must be done by the Foreign, Commonwealth, and Development Office to support the 47 democrats and to secure their release," said the letter, which was signed by former colonial governor Lord Patten of Barnes, former foreign secretary Malcolm Rifkind and the chair of the Foreign Affairs Select Committee Alicia Kearns, among others.

    ENG_CHN_DetainedDemocrat_03022023.1.2.JPG
    Legislator Claudia Mo sits in front of the protest placards and boxes at her office after resigning after four pan-democratic legislators were disqualified when Beijing passed a new dissent resolution in Hong Kong, Nov. 13, 2020. Credit: Reuters

    Benedict Rogers, who heads the London-based rights group Hong Kong Watch, said the British government should listen.

    “On the two-year anniversary of the arrests of the 47 democrats and their ongoing trial, we hope that the Foreign Secretary will listen to this eminent, cross-party, and bicameral group of parliamentarians and push for the release of Claudia Mo on compassionate grounds so she can visit her husband who is in the ICU," Rogers said in a statement on the group's website.

    "Furthermore, the FCDO must do more to take responsibility for those political prisoners in Hong Kong with direct links to the U.K., whether that is through family members, previously held citizenship, or British National Overseas status," he said.

    The Department of Justice and Correctional Services Department declined to comment on individual cases, but added that prison rules allow people in custody to apply for a leave of absence to see dying family members, the English-language South China Morning Post reported.

    "The commissioner would consider factors such as the term of sentence, nature of the person’s offenses, criminal background and risk of escape when granting approval," the paper said.

    Chakra Yip, who heads the London-based rights lawyers' advocacy group "29 Principles," said she worries that the Hong Kong authorities won't honor such requests in the case of political prisoners, however.

    "If the family members of human rights lawyers jailed in China die or become critically ill, Chinese officials still have no effective way to grant them leave of absence for a temporary visit," Yip said. "There has been no improvement in this situation in 10 years."

    "It's concerning that Hong Kong may be handling requests for leave of absence from [political] detainees in the same way as [mainland] China," she said.

    She cited the cases of Chinese rights lawyers Yu Wensheng and activist Guo Feixiong, both of whom have recently been prevented from leaving China to take care of dying next-of-kin.

    Translated by Luisetta Mudie. Edited by Malcolm Foster.


    This content originally appeared on Radio Free Asia and was authored by By Amelia Loi for RFA Mandarin.

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    Free Speech on Trial: Supreme Court Hears Cases That Could Reshape Future of the Internet https://www.radiofree.org/2023/02/27/free-speech-on-trial-supreme-court-hears-cases-that-could-reshape-future-of-the-internet-2/ https://www.radiofree.org/2023/02/27/free-speech-on-trial-supreme-court-hears-cases-that-could-reshape-future-of-the-internet-2/#respond Mon, 27 Feb 2023 15:09:22 +0000 http://www.radiofree.org/?guid=a313677fdaae36c8a50ad8fb15745af4
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

    ]]>
    https://www.radiofree.org/2023/02/27/free-speech-on-trial-supreme-court-hears-cases-that-could-reshape-future-of-the-internet-2/feed/ 0 375770
    Free Speech on Trial: Supreme Court Hears Cases That Could Reshape Future of the Internet https://www.radiofree.org/2023/02/27/free-speech-on-trial-supreme-court-hears-cases-that-could-reshape-future-of-the-internet/ https://www.radiofree.org/2023/02/27/free-speech-on-trial-supreme-court-hears-cases-that-could-reshape-future-of-the-internet/#respond Mon, 27 Feb 2023 13:13:01 +0000 http://www.radiofree.org/?guid=352a3ea3dc63764f792a4da4f02b1883 Seg1 mackey scotus split

    We look at two cases before the Supreme Court that could reshape the future of the internet. Both cases focus on Section 230 of the Communications Decency Act of 1996, which backers say has helped foster free speech online by allowing companies to host content without direct legal liability for what users post. Critics say it has allowed tech platforms to avoid accountability for spreading harmful material. On Tuesday, the justices heard arguments in Gonzalez v. Google, brought by the family of Nohemi Gonzalez, who was killed in the 2015 Paris terror attack. Her family sued Google claiming the company had illegally promoted videos by the Islamic State, which carried out the Paris attack. On Wednesday, justices heard arguments in the case of Twitter v. Taamneh, brought by the family of Nawras Alassaf, who was killed along with 38 others in a 2017 terrorist attack on a nightclub in Turkey. We speak with Aaron Mackey, senior staff attorney with the Electronic Frontier Foundation, who says Section 230 “powers the underlying architecture” of the internet.


    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    https://www.radiofree.org/2023/02/27/free-speech-on-trial-supreme-court-hears-cases-that-could-reshape-future-of-the-internet/feed/ 0 375735
    Trial of Mexico’s Former Top Cop Neglected U.S. Role in War on Drugs https://www.radiofree.org/2023/02/22/trial-of-mexicos-former-top-cop-neglected-u-s-role-in-war-on-drugs/ https://www.radiofree.org/2023/02/22/trial-of-mexicos-former-top-cop-neglected-u-s-role-in-war-on-drugs/#respond Wed, 22 Feb 2023 01:50:52 +0000 https://theintercept.com/?p=421958

    On Tuesday, Genaro García Luna, Mexico’s former top law enforcement official known as the “architect” of the Mexican side of the drug war, was found guilty in New York federal court of collaborating with the Sinaloa cartel, the biggest organized crime group in North America.

    For years, García Luna was the U.S. government’s most trusted ally in the war on drugs. As public security secretary, he wielded incredible power, overseeing Mexico’s Federal Police, the prison network, and a vast intelligence-gathering infrastructure, while working with the Drug Enforcement Administration, FBI, CIA, and Department of Homeland Security in the fight against Mexican cartels.

    “García Luna, who once stood at the pinnacle of law enforcement in Mexico, will now live the rest of his days having been revealed as a traitor to his country and to the honest members of law enforcement who risked their lives to dismantle drug cartels,” said Breon Peace, U.S. attorney for the Eastern District of New York.

    For experts and human rights advocates watching, however, the trial was ultimately underwhelming, revealing little about how the U.S. government and other Mexican politicians are implicated in the war on drugs. Rather, the case portrayed García Luna and his network of corrupt officials as a handful of bad apples, and what U.S. officials knew about García Luna’s illicit activities went mostly unexplored, despite the government’s role in providing funding, equipment, and training that has fueled drug-related violence. The ongoing conflict has led to 400,000 people killed, 82,000 disappeared, and hundreds of thousands displaced.

    García Luna was found guilty of all five charges, including drug trafficking and continuing a criminal enterprise. Prosecutors alleged that he received around $274 million in bribes from the cartel from 2001 to 2012, first as head of the Federal Investigative Agency, the Mexican equivalent of the FBI, and then as secretary of public security.

    García Luna was known to show off how close he was with U.S. officials: He held photo-ops and meetings with top U.S. officials, including President Barack Obama, Secretary of State Hillary Clinton, and U.S. Attorney Eric Holder. Within the first couple years of his tenure as Mexico’s top cop, a glowing New York Times Magazine profile called him “The Fixer.”

    Despite hints during the trial at how U.S. government officials may have known about García Luna’s dealings with the cartel, the dearth of physical evidence meant that the verdict largely relied on witness testimony and secondhand information. At one point, the prosecution even moved to stop the defense from asking questions about García Luna’s high-level meetings in Washington, D.C.

    Though no solid allegations against the U.S. and Mexican governments emerged from the trial, experts say the verdict should be considered as a wider indictment of political corruption on both sides of the border, at the expense of victims of the militarized drug war.

    “García Luna’s guilty verdict confirms the legacy of corruption in the governments of Felipe Calderón and Vicente Fox left in the wake of the U.S.-backed ‘war on drugs,’” said Oswaldo Zavala, a professor at the City University of New York and author of “Drug Cartels Do Not Exist: Narcotrafficking in U.S. and Mexican Culture.” “It should also be understood as a condemnation of decades of violent anti-drug policies that only enriched a few, while hurting the most vulnerable and disenfranchised.”

    GettyImages-1247349223-garcia-luna

    A man holds a poster with a picture of former Mexican Secretary of Public Security Genaro Garcia Luna and former U.S. Secretary of State Hillary Clinton outside the courthouse where the trial of Genaro García Luna was held, on Feb. 21, 2023, in Brooklyn, N.Y.

    Photo: Kena Betancur/AFP via Getty Images

    In 2001, under Mexican President Vicente Fox, García Luna became the head of the Federal Investigation Agency, known by its Spanish acronym AFI. At the time, the Sinaloa cartel was divided into factions: One was led by Joaquín “El Chapo” Guzmán and Ismael “El Mayo” Zambada, and another by Arturo Beltrán Leyva, Guzmán’s cousin.

    According to the prosecution’s first witness, Sergio “El Grande” Villarreal Barragán, a former leader in the Beltrán Leyva faction, cartel members would pool money together to bribe García Luna and other top AFI officials, and, in exchange, AFI assisted the Sinaloa cartel in its war against rival groups. AFI also supplied cartel members with fake AFI uniforms, credentials, and vehicles, Villarreal Barragán said, and AFI agents would help conducts raids against rivals. The relationship allowed the cartel to traffic drugs and expand its territory within Mexico, while García Luna and AFI officials enjoyed the spoils of the cartel’s success.

    In 2006, the new President Felipe Calderón appointed García Luna as secretary of public security, a cabinet-level position. When the Sinaloa cartel learned of the imminent appointment, Jesús “El Rey” Zambada, a former top cartel leader and brother of Ismael Zambada, testified that he and the cartel’s attorney delivered $3 million and $2 million to García Luna on two separate occasions.

    That same year, the Mexican government launched the war on drugs. As the top law enforcement official in the country, García Luna became the face of the war, helping Calderón forge a new relationship with the U.S. to combat organized crime. As the drug war got underway, Jesús Zambada testified, Mexico’s Federal Police, who operated under García Luna, was helping the cartel traffic drugs through the Mexico City airport.

    In 2008, the U.S. intensified its role in the drug war with a $1.5 billion security cooperation agreement with Mexico called the Mérida Initiative. The U.S. began sending weapons and money, and providing training to Mexican security units, as part of the effort to stop drug trafficking into the U.S. The Mérida Initiative approached the drug war using what is known as the “kingpin strategy” to arrest and extradite leaders of the major drug trafficking organizations; Guzmán was among the cartel leaders taken down as part of these efforts.

    U.S.-trained units have been implicated in grave rights abuses and organized crime. Throughout the trial, prosecutors alleged that Ivan Reyes Arzate, a former top Federal Police official, worked with García Luna and undermined operations against criminal groups. But what flew under the radar was that Reyes Arzate, who is now in a U.S. federal prison, was the top commander of the DEA’s most-trusted unit inside the police force and received specialized training in Quantico, Virginia.

    “When the U.S. had the most influence over security policy in Mexico — because the Federal Police was something we were deeply invested in — the whole system was corrupt and flawed,” said Michael Lettieri, a senior fellow for human rights at University of California, San Diego’s Center for U.S.-Mexican Studies.

    During the trial, a DEA agent testified that the U.S. government knew of his alleged ties to organized crime since 2010, two years before he stepped down from office. The agent said that Villarreal Barragán — the former Beltrán Leyva lieutenant — had provided him information on the bribes to García Luna. In 2009, the DEA’s chief of intelligence operations, Anthony Placido, said in a public interview that the agency suspected García Luna of having ties to organized crime. Despite the DEA’s suspicions, the U.S. government continued working with him for at least three more years.

    When a former U.S. ambassador took the stand, more questions were raised than answered about the U.S. government’s work with García Luna. Earl Anthony Wayne served as U.S. ambassador in Mexico starting in 2011. He met García Luna multiple times, Wayne testified, but said that “no one from law enforcement” ever told him García Luna was corrupt. When the defense asked Wayne about high-level meetings in D.C. with former officials, the prosecution objected, ending the line of questioning.

    Some witnesses made charged but unsubstantiated allegations about top Mexican officials, including Calderón and current President Andres Manuel Lopez Obrador. Edgar Veytia, a former attorney general from the Mexican state of Nayarit who was sentenced to 20 years in prison for working with cartels, testified on February 7 that the state’s governor told him that, in a meeting in Mexico City, Calderón and García Luna had said he needed to ally with Guzmán. At that time, the Nayarit state government was allied with Beltrán Leyva.

    Calderón took to Twitter to deny Veytia’s allegations. “What he says about me is an absolute lie. I never negotiated nor made a pact with criminals,” he wrote. A poll from the Spanish-language newspaper El País found last week that 84 percent of Mexican respondents are in favor of an investigation into Calderón’s alleged ties to organized crime.

    García Luna’s defense threw a political jab of its own when cross-examining Zambada. Defense attorney Cesar de Castro asked him about a $7 million bribe he allegedly made to Gabriel Regino, who served as Mexico City’s public security chief when Lopez Obrador was mayor, claiming the money was for Lopez Obrador’s 2006 presidential campaign. Regino has denied the allegation, and Zambada denied that the money was for Lopez Obrador or his campaign.

    The probing into García Luna’s alleged financial dealings does not end with Tuesday’s verdict, as the Mexican government is plowing ahead with civil charges that he stole money from Mexico.

    García Luna left public office in 2012 following a change in presidency and moved to Miami where he started a security consulting company and lived a lavish lifestyle. Judge Brian Cogan barred any information about García Luna’s life post-2012 from being presented during the trial. (García Luna’s wife testified that their homes and assets in Mexico prior to the Miami move were purchased legitimately.)

    In 2021, the Mexican government filed a civil lawsuit in Florida against García Luna, alleging he took over $700 million from government contracts; that case, experts hope, may reveal physical evidence of bribes that did not appear in the New York trial.

    “I think that there may have been a lot more opportunity for documentary evidence, especially given the Mexican civil suit and what their financial crimes unit has been doing,” said Nathan P. Jones, a nonresident scholar in drug policy and Mexico studies at Rice University’s Baker Institute for Public Policy. “That may have resulted in a case that may have had more capered documentation to back up the witness statements, if it hadn’t been limited to the pre-2012 period.”

    While García Luna faces up to life in prison, the drug war shows no signs of ending.

    Since he stepped down from office, the U.S. and Mexico’s “kingpin strategy” has led to the splintering of organized crime groups. Under Lopez Obrador, the Mérida Initiative was declared dead in 2021, but the Mexican president and U.S. President Joe Biden signed a similar security cooperation agreement later that same year. Despite Lopez Obrador’s campaign promise of “hugs, not bullets,” the National Guard — which replaced the Federal Police — along with the Army and Navy, continue to patrol the streets in the fight against organized crime. Lopez Obrador has also backed constitutional reforms for the continued militarization of public security until 2028.

    On the U.S. side, 21 state attorneys general submitted a letter to Biden this month, requesting that Mexican cartels be designated as Foreign Terrorist Organizations, a move that would only heighten militarized action against drug trafficking groups and civilians.

    “The actual verdict does matter, at least for the next three to four years while people still remember that it happened,” said Lettieri. “And then, 15 years down the road, it’ll be, ‘Garcia Luna who?’ And we’ll be exactly where we were — doing the same thing, losing the same battles, fighting the same war.”


    This content originally appeared on The Intercept and was authored by Jose Olivares.

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    After Four-Day Workweek Trial, 91% of Companies Opt to Continue Schedule https://www.radiofree.org/2023/02/21/after-four-day-workweek-trial-91-of-companies-opt-to-continue-schedule/ https://www.radiofree.org/2023/02/21/after-four-day-workweek-trial-91-of-companies-opt-to-continue-schedule/#respond Tue, 21 Feb 2023 22:14:41 +0000 https://www.commondreams.org/news/four-day-work-week-trial

    Sixty-one companies in the United Kingdom joined a pilot program in June 2022 in which they reduced their employees' workweek to four days—with no reduction in salary—and eight months later, 91% of them say they have no plans to go back to a five-day week.

    Organized by the advocacy group 4 Day Week Global, the research group Autonomy, and researchers at Boston College and the University of Cambridge, the pilot program was the largest that's taken place so far. It ran for six months last year and included companies from a variety of sectors with a total of about 3,000 employees.

    According to 4 Day Week Global's report, released Monday, companies were given a choice as to how they would shorten their workweeks, with some opting for Fridays off and others reducing working days per year so employees would work an average of 32 hours per week.

    Ninety-one percent said after the trial wrapped up in December that they would continue implementing the 32-hour week, and 18 companies—nearly a third—said they were committing to a permanent change based on the test run. Just three said they would return to a five-day week.

    The companies did not experience decreased revenue, as critics of reduced working hours have claimed they would. Revenues rose 35% on average, compared with the same time period in previous years.

    More than 70% of workers reported lower levels of "burnout," and employees reported fewer experiences of anxiety and increased "positive emotions" during the trial.

    "It is also encouraging to see that participants reported slight improvements in their physical health," reads the study report. "With 37% of employees reporting improvements in physical health (versus 18% decreases), the study suggests that a four-day workweek has the potential to reduce costs associated with healthcare."

    The pilot program expanded on an earlier experiment conducted by 4 Day Week Global, whose results were published in November. That test involved about 30 companies and 1,000 employees. None of the companies that participated went back to a five-day week after the trial.

    "No question about it—the U.K.'s four-day week trial was a huge success," said 4 Day Week Campaign, the organization's Britain-based campaign group. "It's time for the four-day week to go mainstream."


    This content originally appeared on Common Dreams and was authored by Julia Conley.

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    Belarus tries 3 NEXTA journalists on myriad of criminal charges https://www.radiofree.org/2023/02/16/belarus-tries-3-nexta-journalists-on-myriad-of-criminal-charges/ https://www.radiofree.org/2023/02/16/belarus-tries-3-nexta-journalists-on-myriad-of-criminal-charges/#respond Thu, 16 Feb 2023 16:43:34 +0000 https://cpj.org/?p=263031 Paris, February 16, 2023 – In response to multiple news reports that the trial of Belarusian journalists Raman Pratasevich, Stsypan Putsila, and Yan Rudzik started on Thursday, with Pratasevich facing trial in person and the others being tried in absentia from exile, the Committee to Protect Journalists issued the following statement calling for the many charges against the three to be dropped:

    “The ridiculous number of crimes attributed to Raman Pratasevich, Stsypan Putsila, and Yan Rudzik is a cynical display of the vindictive nature of the Belarusian government, which is determined to retaliate against those who covered the 2020 protests demanding President Aleksandr Lukashenko’s resignation,” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator, in New York. “Authorities must immediately stop this sham trial, drop all charges against Pratasevich, Rudzik, and Putsila, and let the journalists work freely.”

    The trial of Pratasevich and Putsila, cofounders of the Telegram channel NEXTA, and Rudzik, an administrator of the channel, started in Minsk, the capital, on Thursday, February 16, those reports said.

    NEXTA extensively covered protests against Lukashenko’s disputed reelection in 2020. Authorities accuse the journalists of committing at least 1,586 crimes, and have filed more than 10 separate charges against each of them, including organizing mass unrest, conspiracy, incitement to hatred, insulting the president, and financing extremist activities, state news agency BelTA reported.

    Belarusian authorities arrested Pratasevich and his girlfriend Sofia Sapega in May 2021 after diverting a commercial Ryanair flight and forcing it to land in Minsk. Pratasevich, who has been forced into several televised “confessions” since his arrest, is presently under house arrest.

    Belarus was the fifth worst jailer of journalists in the world, with at least 26 journalists behind bars on December 1, 2022, when CPJ conducted its most recent prison census.


    This content originally appeared on Committee to Protect Journalists and was authored by Erik Crouch.

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    Hong Kong official slams ‘violence’ as court window shatters during subversion trial https://www.rfa.org/english/news/china/trial-broken-02092023144933.html https://www.rfa.org/english/news/china/trial-broken-02092023144933.html#respond Thu, 09 Feb 2023 19:49:47 +0000 https://www.rfa.org/english/news/china/trial-broken-02092023144933.html Hong Kong Justice Secretary Paul Lam condemned "violence and intimidation" targeting the judiciary after a projectile broke a court window during the prominent subversion trial of 47 opposition activists on Wednesday, prompting police to search the area with metal detectors.

    "I am immensely concerned about the incident, and strongly condemn any violent acts intended to disrupt or damage the due administration of justice," Lam said in a statement late Wednesday. "No act of violent attack or intimidation, which is against the courts or judicial officers, will be tolerated."

    He said anyone seeking to "disrupt social order" will be pursued, and that judicial processes would remain unaffected by the incident, which came amid the most high-profile political trial so far under a draconian national security law, which was imposed on Hong Kong by the ruling Chinese Communist Party as a response to the 2019 protest movement.

    News photos of the outside of the West Kowloon Magistrates Court showed a cracked pane of glass in a wall of glass fronting the building.

    The English-language South China Morning Post said there were reports that an airgun had been fired at the building.

    Initial investigations suggested that someone had fired a "projectile" from the traffic flyover opposite the court building at 1:17 p.m., causing the glass to break, the Hong Kong Free Press reported.

    The court is currently in the process of trying 47 former pro-democracy lawmakers and political activists for "incitement to subvert state power" more than two years after they were rounded up in mass arrests. The prosecution has said their bid to win a majority of seats by running a primary election for pro-democracy candidates was "a conspiracy" to undermine the city's government and take control of the Legislative Council.

    Former Stand News journalist Gwyneth Ho, a 2019 protest movement activist, former nursing student Owen Chow and labor unionist Winnie Yu are among those to stand trial in front of three government-picked national security judges and no jury, in a process described as a "sham" by the U.S. Senate Foreign Relations Committee in a tweet on Monday.

    Sixteen of the 47 have pleaded not guilty, while 31 have pleaded guilty and will be sentenced along with the rest when the trial, which has been hearing opening statements from the prosecution all week, ends in around 90 days' time.

    Prosecutors on Thursday accused Ho of "weaponizing the Legislative Council" with public statements and social media posts ahead of the primary, citing comments she made in a promotional video for her candidacy in the primary, as well as at a July 15, 2020, press conference.

    The government regards plans by the democratic camp to veto the government's next budget, if they had won a majority, as evidence of subversion.

    Returning Valiant

    Meanwhile, the city's District Court on Thursday sentenced two members of the activist group Returning Valiant to five years' and five years three months' imprisonment for "conspiracy to incite subversion" after posts to the group's social media accounts called for "bloody revolution" and "a struggle with no limits."

    Choi Wing-kit, 21, and Chris Chan, 26 were sentenced by designated national security judge Kwok Wai-kin, who said their offenses were "of a serious nature." Choi also pleaded guilty to possession of offensive weapons after two retractable batons were found at his home.

    Five other members of the same group who were all under the age of 20 at the time of the alleged offenses were sentenced to a training center in October 2022.

    All seven pleaded guilty to "conspiring to incite others to subvert state power," a charge that appeared to be based mostly on their efforts to spread their group's "seditious" ideas through a news conference and social media.

    Translated by Luisetta Mudie. Edited by Malcolm Foster.


    This content originally appeared on Radio Free Asia and was authored by By Ng Ting Hong for RFA Cantonese.

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    China lashes out at criticism of Hong Kong trial of 47 lawmakers and activists https://www.rfa.org/english/news/china/china-lashes-trial-02082023140432.html https://www.rfa.org/english/news/china/china-lashes-trial-02082023140432.html#respond Wed, 08 Feb 2023 19:13:08 +0000 https://www.rfa.org/english/news/china/china-lashes-trial-02082023140432.html Hong Kong and Chinese officials have hit out at criticism of the trial of 47 former pro-democracy lawmakers and activists, who could face life imprisonment for taking part in a democratic primary election in 2020 aimed at maximizing the number of opposition seats in the city's legislature.

    A foreign ministry spokesperson in Hong Kong said China "expresses strong dissatisfaction and firm opposition" to criticism of Hong Kong's judicial system, which is currently engaged in a trial in front of three government-picked judges with no jury under a draconian national security law imposed by Beijing.

    "There is no right or freedom that can break through the red line of national security," the spokesperson said in a statement, calling recent criticisms of the trial a "political performance."

    The statement repeated the prosecution claim that the primary election was the work of "anti-China disruptive forces" and aimed to "seize control of the Legislative Council."

    The U.S. Senate Foreign Relations Committee tweeted on Monday: "Today, #HongKong begins a sham trial against 47 pro-democracy leaders who planned to run for political seats."

    "This charade illustrates #China’s destruction of the rule of law and how afraid it is of different opinions. The U.S. will continue to support these freedom fighters," the tweet said.

    The Hong Kong government said the case wasn't political, however.

    "Cases will never be handled any differently owing to the profession, political beliefs or background of the persons involved," it said in a statement, claiming the courts were "free from any interference."

    Part of a ‘purge’

    The statements came after the last British colonial governor of Hong Kong, Lord Patten of Barnes, said the trial was part of a political "purge" by the ruling Chinese Communist Party.

    "The Communist Party in Beijing, through its willing collaborators in Hong Kong, continues step-by-step to purge leaders or supporters of democracy and the rule of law in Hong Kong," Patten said in a statement.

    "I hope the world will continue to watch what is happening and take it to heart when considering how to treat Communist China in the weeks and months ahead."

    ENG_CHN_HongKong47_02082023.2.jpg
    Lord Patten of Barnes, the last British colonial governor of Hong Kong, called the trial part of a political "purge" by the ruling Chinese Communist Party. Credit: AFP file photo

    The former pro-democracy lawmaker in exile, Ted Hui, called on more governments to speak out in support of the 47 defendants, 16 of whom have pleaded not guilty and the rest guilty.

    "The detained 47 are the most prominent representatives of all Hong Kongers," Hui said. "They are the faces of Hong Kong. I call on leaders from free countries to make the strongest statements ever to support them and call for their release."

    Benedict Rogers, who heads the London-based rights group Hong Kong Watch, said the trial had marked Hong Kong's transformation from an open society to a police state.

    "[It] is emblematic of the dismantling of Hong Kong’s freedoms, autonomy, human rights and the rule of law," Rogers said. 

    "It is a total travesty of justice that these 47 individuals are even on trial, simply for conducting a process which is normal in any democracy, an open primary to select their candidates," he said in a statement on the group's website.

    Focus on Benny Tai

    The prosecution on Tuesday concentrated its arguments around former University of Hong Kong law professor and veteran political activist Benny Tai, 57, one of the initiators of the 2014 Occupy Central pro-democracy movement.

    Tai's writings and comments in secretly filmed political meetings at the time were evidence that the democratic primary was a "conspiracy to subvert state power," the prosecution argued in a trial that is expected to last 90 days.

    The secretly filmed footage played in court suggested that one of the pro-democracy activists present had handed over footage to national security police.

    Tai's plan, summarized in his article "10 steps to mutual destruction" printed in the now-shuttered Apple Daily newspaper and posted to Facebook, aimed to gain at least 35 of the 60 seats in the Legislative Council for pro-democracy candidates.

    ENG_CHN_HongKong47_02082023.3.jpeg
    Protesters rally outside a Hong Kong court as the authorities charged 47 pro-democracy activists picked up in mass arrests, March 1, 2021. Credit: RFA

    Deputy Director of Public Prosecutions (Special Duties) Anthony Chau argued that democrats had held more than 10 meetings since January 2020 to figure out how to implement the primary, and had agreed to support the five demands of the 2019 protest movement, which included universal suffrage, greater police accountability and an amnesty for all detained protesters.

    Tai was handed a 10-month prison term in May 2022 for "illegally" promoting an earlier strategic voting scheme titled "ThunderGo" ahead of the 2016 Legislative Council elections via six paid newspaper ads.

    The 47 defendants were arrested en masse in January 2021 by national security police, prompting angry protests, and the majority have been held on remand ever since, with only a handful allowed out on bail.

    Soon after the primary, the government postponed the September 2020 elections, citing the COVID-19 pandemic, then rewrote the electoral rulebook to prevent pro-democracy candidates from running.

    The subsequent "election" of Chief Executive John Lee in a poll in which he was the only candidate wiped out any distinction between the city and the rest of mainland China, commentators said at the time.

    Translated by Luisetta Mudie. Edited by Malcolm Foster


    This content originally appeared on Radio Free Asia and was authored by By Ng Ting Hong and Wu Hoi Man for RFA Cantonese.

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    Meta’s attempt to dodge trial in Kenya thwarted by judge https://www.radiofree.org/2023/02/07/metas-attempt-to-dodge-trial-in-kenya-thwarted-by-judge/ https://www.radiofree.org/2023/02/07/metas-attempt-to-dodge-trial-in-kenya-thwarted-by-judge/#respond Tue, 07 Feb 2023 16:19:47 +0000 https://www.opendemocracy.net/en/5050/meta-lawsuit-kenya-facebook-content-moderator-sued-daniel-motaung/ A lawsuit alleges forced labour, human trafficking and union busting in Facebook’s content moderation hub in Nairobi


    This content originally appeared on openDemocracy RSS and was authored by Mukanzi Musanga.

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    In Hong Kong court, subversion trial linked to democratic primary kicks off https://www.rfa.org/english/news/china/hongkong-trial-02062023134639.html https://www.rfa.org/english/news/china/hongkong-trial-02062023134639.html#respond Mon, 06 Feb 2023 18:47:04 +0000 https://www.rfa.org/english/news/china/hongkong-trial-02062023134639.html A Hong Kong court on Monday began the trial of 16 defendants out of a group of 47 former opposition politicians and activists charged with subversion under the national security law for taking part in a democratic primary in the summer of 2020.

    Former journalist Gwyneth Ho, a 2019 protest movement activist, former nursing student Owen Chow and labor unionist Winnie Yu are among those to stand trial in front of three government-picked national security judges and no jury.

    It is the most high-profile trial to be brought under the draconian law, which was imposed on the city by the ruling Chinese Communist Party as a response to the 2019 protest movement.

    The 16 are standing trial after pleading not guilty to charges of "incitement to subvert state power" linked to their participation in a democratic primary that the authorities said was a bid to subvert the government by winning a majority of seats in the Legislative Council.

    The remainder, including pro-democracy activist Joshua Wong, Occupy Central founder Benny Tai and journalist-turned-lawmaker Claudia Mo, have pleaded guilty. All defendants could face life imprisonment.

    ENG_CHN_HongKong47_02062023.2.jpg
    People wait outside the West Kowloon Magistrates' Courts before the start of the national security trial for the pro-democracy activists in Hong Kong, Monday, Feb. 6, 2023. Credit: Associated Press

    Hundreds of people, including friends and relatives of defendants, stood in line early on Monday morning outside West Kowloon Magistrates Court to gain a public seat at the trial, as police in bulletproof vests with dogs patrolled the area, where taller security fencing had replaced the usual waist-height traffic barriers. A bomb-disposal truck was also parked at the scene.

    A helicopter labeled on a flight-tracking app as belonging to the Hong Kong Government Flying Service hovered above the court building at around 8.30 a.m., circling the area at least twice.

    Paid to stand in line

    Some elderly people standing in line told Radio Free Asia that they had been paid HK$150 (US$19) an hour to stand in line for "just listening in for three or four hours," but said they had no idea what the case they were observing was.

    Others responded that they didn't know what the trial was about or refused to answer questions, while some reportedly told other media outlets that they were getting paid to stand there, prompting speculation they had been sent to occupy seats to prevent supporters of the defendants from getting in.

    Around 100 of those in line had brought seats and even sleeping bags with them, but brushed off reporters' questions with "I came here by myself," or "I don't know," or "I was bored" when asked why they were waiting for one of the 400 public gallery seats at the trial.

    Meanwhile, Chan Po-ying, who heads the pro-democracy League of Social Democrats and deputy Dickson Chau held up a banner outside the court that read: "A democratic primary isn't a crime! Shameful suppression!" while calling for the release of the 47 political prisoners.

    Chau was taken away by police for taking off his mask – which are still mandated in public places in Hong Kong – and fined HK$5,000 (US$637).

    ‘No crime to answer’

    Before opening statements began, the 16 defendants entered their "not guilty" pleas, with Chan's husband and veteran activist Leung Kwok-hung telling the court: "There's no crime to answer. It is not a crime to act against a totalitarian regime."

    Judge Andrew Chan responded by calling for "respect" from the defendants and members of the public.

    ENG_CHN_HongKong47_02062023.3.jpg
    Hong Kong police confront Chan Po-ying, [left] who heads the pro-democracy League of Social Democrats and deputy Dickson Chau as they hold up a banner outside the West Kowloon Magistrates' Courts in Hong Kong, Monday, Feb. 6, 2023. Credit: AFP

    As the trial, which is expected to last up to 90 days, got under way, prosecutor Jonathan Man told the court that four of 47, all of whom were arrested more than two years ago, would testify against the 16 now on trial.

    The four defendants turned witness for the prosecution were former pro-democracy lawmaker Au Nok Hin, former district councilors Andrew Chiu and Ben Chung, and businessman Mike Lam, Man said.

    Prosecutor Anthony Chau said the 2020 democratic primary was a "conspiracy" to undermine the government.

    "This case involves a group of activists who conspired together and with others to plan, organize and participate in seriously interfering in, disrupting or undermining the performance of duties and functions ... by unlawful means with a view to subverting the state power," Chau said.

    Thirteen of the 47 defendants were granted bail in 2021, while the other 34 – including 10 who pleaded not guilty -- have been in pre-trial custody for more than two years despite international criticism.

    ‘Evil will grow more rampant’

    Chow, a frontline protester in 2019 who later stood in the primary on a "localist" platform aimed at preserving Hong Kong's unique identity, wrote on his Facebook page on Monday: "Evil will always grow more rampant when goodness lapses, so we must insist on what is right."

    Gwyneth Ho rose to local fame for her live reporting on the 2019 protests, in particular her live footage of white-clad government supporters attacking democracy activists and passers-by at the Yuen Long MTR station on July 21, 2019, which included footage of them attacking her.

    ENG_CHN_HongKong47_02062023.4.jpg
    Police officers stand guard outside the West Kowloon Magistrates' Courts ahead of the national security trial for the pro-democracy activists in Hong Kong, Monday Feb. 6, 2023. Credit: Associated Press

    Amnesty International Deputy Regional Director Hana Young called for the charges to be dropped altogether, saying the activists were forced to choose between pleading guilty to "a non-existent crime" in the hope of more lenient treatment, or to stand trial with almost no hope of acquittal.

    “With this mass trial, the Hong Kong government is attempting to shut off all meaningful political participation in Hong Kong,” Young told the Associated Press.

    Following the democratic primary in 2020, the government postponed the Legislative Council elections the primary was preparing for and changed the electoral system so that pro-democracy candidates couldn't run.

    The subsequent "election" of chief executive John Lee in a poll in which he was the only candidate wiped out any distinction between the city and the rest of mainland China, commentators said at the time.

    More than 10,000 people have been arrested and 2,800 prosecuted in a citywide crackdown on the 2019 protest movement, mostly under public order charges.

    Around 230 have been arrested under the national security law, which criminalizes public criticism of the Hong Kong and Chinese governments, as well as ties and funding arrangements with overseas organizations deemed hostile to China. 

    Translated by Luisetta Mudie. Edited by Malcolm Foster.


    This content originally appeared on Radio Free Asia and was authored by By Ng Ting Hong and Lee Yuk Yue for RFA Cantonese.

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    How the Supreme Court could finally force Big Oil to face trial https://grist.org/accountability/supreme-court-state-climate-lawsuits-oil-exxon/ https://grist.org/accountability/supreme-court-state-climate-lawsuits-oil-exxon/#respond Fri, 03 Feb 2023 11:45:00 +0000 https://grist.org/?p=600763 It’s been eight years since the world learned that “Exxon Knew.” The oil giant had grasped the dangers of burning fossil fuels since 1977, investigations showed, despite its long-standing public stance that the science was “uncertain” and persistent efforts to block legislation that would control carbon pollution. The revelations launched a wave of lawsuits that aimed to put fossil fuel companies on trial for deceiving the public about climate change.

    In 2017, cities and counties in California started the trend by suing dozens of oil, gas, and coal companies using state “tort” laws meant to protect people from deceptive advertising. Attorneys general in other states filed similar suits of their own, beginning with Rhode Island in 2018. It spurred speculation that Big Oil might face a reckoning for misleading the public about the dangers of climate change, much as Big Tobacco did in the 1990s after decades spent denying that smoking could cause cancer. 

    In the ensuing years, not a single one of these consumer-protection cases — now numbering nearly two dozen — made it to trial. They have bounced around between federal and state courts, with oil companies maneuvering to delay any action. “It says something about what the industry thinks is the power of these cases, that it has kept these up in procedural battles for over five years now,” said Karen Sokol, a law professor at Loyola University in New Orleans.

    The procedural battles might soon end when the Supreme Court reviews Suncor v. Boulder County later this year, a case that promises to be a turning point for climate litigation. The court will either hear the case (the oil industry’s choice) or send it back to state courts where state and local governments say it belongs. The decision could remove the dam that’s been standing in the way of the lawsuits that states, cities, and counties have brought against fossil fuel giants. Cases that have been languishing for half a decade could finally be heard, with the chance that oil companies would be called to face trials for violating state laws that guard the public against false advertising.

    “The fossil fuel companies are afraid of state courts,” said Denise Antolini, a law professor at the University of Hawaii. “They are petrified of state courts who are closer to the problem, closer to the issues, and absolutely terrified of going in front of juries of real people.”

    The Colorado case began in 2018, when the city and county of Boulder, along with San Miguel County in the southwest corner of the state, sued Suncor Energy and ExxonMobil, seeking millions of dollars to update their infrastructure to withstand climate change. They argued that the oil companies violated the state’s consumer protection laws by producing and selling fossil fuels in Colorado despite understanding that using their products would lead to more dangerous heat waves, wildfires, droughts, and floods, like the ones the state is seeing today.

    Oil companies have argued that the lawsuit isn’t really about deceptive marketing, but the bigger question of climate change, and issues of that scale should be handled by federal courts — which just happen to be considered more friendly to big corporations. Their claim is that if cases like Colorado’s proceeded in state court, it would interfere with federal laws around greenhouse gas emissions. And if the Colorado lawsuit lands in federal court, “it would be on the grounds that the claims are something different from the claims that the plaintiff had made,” Sokol said. “And so this is basically a defendant’s dream, right?” The oil companies would likely argue that the case should be thrown out in federal court, too, saying such big questions should be left to Congress.

    a photo of a large refinery spewing clouds of pollution
    The Suncor oil refinery in Commerce City, Colorado, January 3, 2023. Hyoung Chang / The Denver Post

    Judges have repeatedly rejected oil companies’ line of reasoning, including those appointed by the Trump administration. In October, the Supreme Court turned to the Biden administration for guidance, asking the U.S. Solicitor General to weigh in with a legal opinion on where the case belongs. That’s a good indication that the court is very interested in the case — a petition is 46 times more likely to be granted after the court asks for the solicitor general’s advice, research has shown.

    The coming months may finally provide some clarification on whether the strategy driving dozens of climate lawsuits could actually work — or whether it’s time to pursue a new approach.

    There are two ways that the Supreme Court could push these lawsuits forward, with similar outcomes. It could decide not to hear the case, or it could agree to hear it and side with Boulder. In either scenario, the consumer-protection cases would proceed in state courts, and “we’ll start to actually see some litigation,” Sokol said.

    The cases would move onto “discovery,” a pre-trial step in which both sides gather evidence from documents and witnesses. “The civil discovery system and the subpoena authority of civil courts is quite powerful,” Sokol said. “We would fill in even more than we already know — and we already know a lot.” 

    The furthest along of any of these accountability lawsuits is one filed in Hawaii in 2020, with the city and county of Honolulu seeking damages from companies including ExxonMobil, Chevron, and Sunoco. A Hawaii judge has ordered for the discovery process to begin, despite an ongoing appeal by the industry. “What I expect to see in the next year would be discovery battles, with additional motions, as the case slowly marches forward,” Antolini said. The suit is progressing faster than others because Hawaii’s judges have prioritized moving it forward, she said. 

    Once these lawsuits proceed to trial, juries would be presented with a decades-long trail of evidence that documents how fossil fuel giants deceived the public about climate change. New evidence has recently emerged that could help plaintiffs make a stronger case. 

    For example, a recent study from Harvard researchers analyzed 40-year-old climate models created by ExxonMobil scientists, finding that their projections ended up predicting actual temperature changes with startling accuracy. They conveyed the severity of the situation to corporate officials — who proceeded to cast doubt on the credibility of climate science, deriding models and emphasizing how “uncertainty” made them virtually useless. “If this were to get to a jury, that’s the sort of evidence that’s important,” Sokol said.

    What’s more, the science of being able to attribute specific droughts, floods, and heat waves to climate change is getting better every year. Studies showing how fossil fuel emissions have contributed to these disasters “will be really important” to building the plaintiffs’ case in these lawsuits, said Korey Silverman-Roati, a fellow at Columbia Law School.

    In the other scenarios, the Supreme Court could side with oil companies and decide to hear Suncor v. Boulder County and then rule in their favor. States would have to rethink their whole approach.

    “Given the current inclinations of the United States’ Supreme Court, it’s nerve-wracking to see them take up this case,” said Antolini, who supports the state lawsuits. “What the U.S. Supreme Court decides will have an impact on all of these cases.” Attorneys general in several states suing oil companies did not respond to or declined Grist’s request to comment.

    The cases would, in theory, proceed. But it’s unclear how suits filed over state laws designed to protect against corporate deception would play out in federal courts. “I’m uncertain what all the city, county, and state officials would do in those circumstances, because if it’s on the grounds that ‘Hey, this is actually a federal claim’ — that’s not the claim that they filed, and the claim that they and their staff have spent so much time developing,” Sokol said. “I don’t think it necessarily means that they will lose, but they’ll be at a significant disadvantage.”

    Federal courts can decide state law claims in some cases, although judges don’t necessarily like to do it, Antolini said. “It would be ridiculous to see these state law cases end up, across the country, in federal court. It would be really absurd.”

    Some other routes to legal action have already been tried and abandoned, such as New York state’s lawsuit that accused ExxonMobil of misleading shareholders about climate change. In 2019, a judge ruled that the New York state attorney general had failed to provide enough evidence that Exxon broke the law. Since then, Exxon has used the ruling to support the idea that the lawsuits against them are misguided. But the judge who ruled in Exxon’s favor made clear at the time that the suit was “a securities fraud case, not a climate change case.”

    Photo of homes with destroyed doors and roofs
    Damaged homes, some covered with tarps, stand in an area without electricity in San Isidro, Puerto Rico, after Hurricane Maria swept through, October 15, 2017. Mario Tama / Getty Images

    And there’s at least one completely new approach that doesn’t depend on the Supreme Court’s ruling. 

    A first-of-its-kind lawsuit filed by 16 towns in Puerto Rico in November accuses Chevron, ExxonMobil, Shell, and other fossil fuel companies of colluding to conceal how their products contribute to climate change. Their argument is that this collusion violated antitrust laws and the Racketeer Influenced and Corrupt Organizations Act, or RICO — a federal law passed in 1970 to take down the Mafia.

    Racketeering cases relying on RICO have not only taken down mobsters like John Gotti and the Gambino crime family, but have also been successful against the Hell’s Angels biker gang, the Key West police department in Florida, as well as opioid manufacturers and tobacco companies. The Puerto Rico lawsuit seeks to make companies pay billions of dollars for the extensive damages that towns suffered during hurricanes Maria and Irma in 2017.

    Because the lawsuit was filed in federal court, it won’t be pulled into the jurisdictional tug-of-war that has made other climate cases drag on for years.

    “They’ve made it easy to prove,” said Melissa Sims, an attorney at Milberg, the Tennessee-based law firm representing the Puerto Rican cities, “because unlike all the other racketeering cases that have been on file, none of them included a written battle plan with a detailed division of labor on how they were going to accomplish their deception.”

    This story was originally published by Grist with the headline How the Supreme Court could finally force Big Oil to face trial on Feb 3, 2023.


    This content originally appeared on Grist and was authored by Kate Yoder.

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    A cop watcher attended the trial of a corrupt officer, the judge made him pay for it | PAR https://www.radiofree.org/2023/01/25/a-cop-watcher-attended-the-trial-of-a-corrupt-officer-the-judge-made-him-pay-for-it-par/ https://www.radiofree.org/2023/01/25/a-cop-watcher-attended-the-trial-of-a-corrupt-officer-the-judge-made-him-pay-for-it-par/#respond Wed, 25 Jan 2023 23:44:36 +0000 http://www.radiofree.org/?guid=c9aeb641734845e782fd4d5a95cc53d4
    This content originally appeared on The Real News Network and was authored by The Real News Network.

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    https://www.radiofree.org/2023/01/25/a-cop-watcher-attended-the-trial-of-a-corrupt-officer-the-judge-made-him-pay-for-it-par/feed/ 0 367492
    Mexico’s Former Top Cop Is on Trial in New York. Will the U.S. Be Implicated? https://www.radiofree.org/2023/01/18/mexicos-former-top-cop-is-on-trial-in-new-york-will-the-u-s-be-implicated/ https://www.radiofree.org/2023/01/18/mexicos-former-top-cop-is-on-trial-in-new-york-will-the-u-s-be-implicated/#respond Wed, 18 Jan 2023 23:19:21 +0000 https://theintercept.com/?p=419471

    In a federal courthouse in Brooklyn, New York, on Tuesday, a small group of journalists, mostly from Mexico, gathered in a remote-viewing room. They were there to watch the proceedings down the hall, in the courtroom itself, where the object of their interest would soon appear. The anticipation was palpable as Genaro García Luna, Mexico’s former secretary of public security, the well-connected “architect” of the Mexican side of the drug war, stepped into view of the cameras and onto the television screen before the journalists.

    With his white hair, navy suit, and gray tie, García Luna looked every bit of his former job: being a top cop in Mexico. Now, federal prosecutors are accusing him of colluding and collaborating with drug cartels.

    The trial holds the potential for explosive revelations about the brutal 16-year-long drug war in Mexico. Though the proceedings may not receive as much fanfare as that of the notorious kingpin Joaquín “El Chapo” Guzmán, García Luna holds an insider’s knowledge of the conflict in all its unflattering detail, including potential criminal behavior by top Mexican and U.S. officials.

    García Luna was the top security official under former President Felipe Calderón, who launched the Mexican drug war in 2006. Fueled by U.S. funds, equipment, and support, the violence has only deepened in Mexico. The conflict has seen some 400,000 people killed, 82,000 have disappeared, and hundreds of thousands displaced.

    García Luna, who flaunted his relationship with the U.S., has long been a confidant and right-hand-man to Mexican leaders, including former presidents, amassing a collection of Mexican government and U.S. intelligence. At the same time, prosecutors say García Luna worked with the Sinaloa and Beltrán-Leyva cartels by accepting bribes, establishing protection rackets, providing sensitive information, arresting rival cartel members, and helping them traffic drugs into the U.S., in addition to immigration-related charges.

    “This just shows the power of organized crime and the futility of the strategy we’ve pursued for the past 40 years.”

    García Luna’s defense attorneys deny any wrongdoing by their client. At the close of the first day of jury selection, one of the lawyers told reporters outside the court that García Luna had not been offered a deal by the U.S. government and that they would continue with the trial: “There’s been no offers, there’s been no deals. We’re not interested unless they want to dismiss the charges,” said César de Castro, García Luna’s lead attorney.

    For close observers of Mexico, García Luna’s trial could provide not only for a glimpse into the inner workings of the failed drug war, but also some high-level accountability — a vanishingly rare occurrence for the many families touched by the war’s violence.

    “This just shows the power of organized crime and the futility of the strategy we’ve pursued for the past 40 years,” said Adam Isacson, the director for defense oversight at the Washington Office on Latin America. “The only way there would be justice for the victims is, if not just García Luna, but an entire class of corrupt Mexican and perhaps U.S. political and law enforcement leaders get named and have charges filed against them.”

    A protester stands outside US Courthouse with a sign reading, "Garcia Luna make amends for your mistake and do not cover for anyone. Calderon did know," during jury selection ahead of the trial of former Mexican Secretary of Public Security Genaro Garcia Luna, in the Brooklyn borough of New York City, on January 17, 2023. - Garcia Luna, a once-powerful Mexican government minister who oversaw his country's war on drug trafficking goes on trial in New York, on January 17, charged with facilitating the smuggling of narcotics. He is accused of taking huge bribes to allow the notorious Sinaloa cartel to smuggle cocaine when he was in office during Felipe Calderon's 2006-2012 presidency. (Photo by Ed JONES / AFP) (Photo by ED JONES/AFP via Getty Images)

    A protester holds a sign reading “García Luna make amends for your mistake and do not cover for anyone. Calderon did know,” during jury selection ahead of the trial of former Mexican Secretary of Public Security Genaro García Luna, in the Brooklyn, N.Y., on Jan. 17, 2023.

    Photo: Ed Jones/AFP via Getty Images

    Before taking his seat in the presidential cabinet, García Luna began his law enforcement career in 1989 at the Center for Investigation and National Security, an agency created with the help of the CIA. He worked in counterterror and counterinsurgency before joining the Federal Preventive Police in 1999, where he grew close to the inner circle of newly elected President Vicente Fox.

    A year later, Fox dissolved the Federal Preventive Police and replaced it with the Federal Investigation Agency, or AFI, with García Luna at the head. The AFI, modeled after the FBI and Drug Enforcement Administration, had a budget in the millions. At his new perch, García Luna showed a flare for the dramatic: Some AFI operations were broadcast on live television. In one instance, after a high-profile kidnapping rescue, an AFI official gave the victim a t-shirt to wear that read “THANK YOU AFI.”

    In 2006, when the right-wing President Felipe Calderón assumed office, García Luna was again promoted, this time appointed secretary of public security. He was now Mexico’s top law enforcement official and Calderón’s closest confidant. He oversaw the country’s prisons and a sprawling intelligence-gathering network. In short order, Calderón launched the drug war and García Luna sent the Federal Police and military into the streets.

    His roles in security brought García Luna into close contact with his U.S. counterparts. Robert Mueller, Eric Holder, Hillary Clinton, and others were all on his meeting agenda. As The Intercept previously reported, U.S. State Department cables called García Luna a “trusted liaison, partner and friend of the FBI.” Another cable outlines a meeting between John Brennan, who would later become director of the CIA, and García Luna: “Garcia Luna expressed his appreciation for President Calderon’s undivided commitment to fighting organized crime and his satisfaction with U.S.-Mexican cooperation, suggesting if both sides held firm we would see a reduction in violence.”

    “Having someone like García Luna is extraordinarily beneficial, and they” — U.S. officials — “were not going to stop having the benefit of that huge open door just because the guy was most likely taking money, or extorting money, out of traffickers and committing all kinds of crimes,” said Oswaldo Zavala, a journalist and professor at the City University of New York.

    Prosecutors have asked the court to reject evidence “depicting meetings between him and senior U.S. government officials.” They’ve also asked that there be no mention of Salvador Cienfuegos Zepeda, the former Mexican secretary of national defense who was arrested by the U.S. in 2019 but whose charges were later dropped in a diplomatic scandal that shook the U.S.-Mexico security relationship.

    García Luna is no stranger to headlines. Sinaloa leader El Chapo’s 2018 trial saw a raft of bombshell allegations against García Luna. Jesus “El Rey” Zambada, one of El Chapo’s closest collaborators, testified that the Sinaloa and Beltrán-Leyva cartels gave García Luna nearly $60 million. Court records suggest El Rey will be a key witness at García Luna’s trial.

    García Luna denied the accusations, threatening to sue El Rey for defamation. He tweeted old pictures of himself with Hillary Clinton, who at the time was secretary of state, and other U.S. officials.

    The allegations against García Luna in El Chapo’s trial were only the most recent. For close to two decades, Mexican journalists have published books and investigations, exposing the alleged links between García Luna and organized crime. As secretary of public security, García Luna was also the subject of multiple investigations by Mexican officials.

    Meanwhile, calamity tended to befall those who could potentially damage García Luna’s standing. Two officials who began probing his alleged links with the Sinaloa cartel died in an airplane crash in 2008. That same year, Javier Herrera Valles, a top Federal Police official, wrote Felipe Calderón a letter accusing García Luna of ties to organized crime. Herrera Valles was arrested shortly thereafter on unsubstantiated charges that he was working with the Sinaloa cartel and tortured in prison. He was exonerated and released in 2012.

    With a change in presidential administration in 2012, García Luna left Mexico for Miami, where he lived a lavish lifestyle. He established a security consulting company called GL & Associates Consulting, or GLAC. Former law enforcement officers served on the board of GLAC, including Jose Rodriguez, the former top CIA official who ordered the destruction of CIA torture tapes. In December 2019, García Luna was arrested in Texas. (García Luna’s lawyers said in court filings that he made his wealth through legitimate means after arriving in the U.S.)

    With his drug war machinations, close relationships with top officials from both sides of the border, and contacts with a raft of drug cartel operatives, García Luna left in his wake a host of potential witnesses against him. Many are themselves narcos who were arrested and turned on the cartels, such as Edgar “La Barbie” Valdez Villarreal, who wrote in a 2012 public letter that García Luna had taken bribes.

    According to previously sealed sentencing records, first reported by Aristegui Noticias and reviewed by The Intercept, between 2008 and 2010, La Barbie, who found Christianity after his arrest, fed information to the DEA, the FBI, and U.S. Immigration and Customs Enforcement, as well as “possibly communications with intelligence services in the United States.” Little is known of what La Barbie fed U.S. officials. His contact with the American agencies suggests the U.S. government may have known of the allegations against García Luna a decade before his indictment.

    “This is all guesswork,” said Isacson, of the Washington Office on Latin America. “I suspect that the DEA may have still found him useful for some things. You have several cartels in Mexico and some of them are clearly not working with García Luna — a sort of ‘enemy of my enemy’ situation.”

    Other narco witnesses expected to testify include Sergio “El Grande” Barragan, a former lieutenant for the Beltran-Leyva Organization, and Ivan “La Reina” Reyes Arzate, a Federal Police officer with close ties to the DEA, who was sentenced for feeding information to organized crime.

    The DEA and the CIA referred all questions about García Luna to federal prosecutors. The Justice Department declined to comment. ICE and the FBI did not immediately respond to requests.

    “If he becomes the scapegoat for everything wrong with Mexico’s system and the rise of organized crime in Mexico, then they’re doing it wrong.”

    The Mexican government, under the administration of President Andrés Manuel López Obrador, launched its own investigations into García Luna. In 2021, the government filed a lawsuit against the former security chief, his wife, and several associates, alleging that they stole $250 million in contracts with the government and laundered the money. (His defense lawyers in the Brooklyn case asked the court not to allow any evidence related to García Luna’s post-2012 life in Florida, saying it’s irrelevant to the charges.)

    Last June, the Mexican government obtained its own arrest warrant for García Luna, alleging association with criminal groups and illicit enrichment. The arrest warrant included charges of illegal arms trafficking related to Fast and Furious, the botched operation in which the U.S. government attempted, but failed, to track firearms sold to Mexican organized crime. In December, during a presidential morning briefing, a top security official presented a slideshow describing who García Luna allegedly conspired with during his time in office.

    Whether García Luna’s trial will implicate top Mexican or U.S. government officials remains to be seen. Critics of the drug war worry that if the focus remains narrowly on García Luna, the larger import of holding him to account will be missed, even as the conflict continues to become more militarized and the death toll mounts.

    “He’s clearly the tip of a much larger iceberg,” said Isacson. “But if he becomes the scapegoat for everything wrong with Mexico’s system and the rise of organized crime in Mexico, then they’re doing it wrong.”

    As Zavala, the CUNY professor, put it, “This is much more horrible, much more endless, much more difficult to stop than just one guy in a high office taking some bribes.”


    This content originally appeared on The Intercept and was authored by Jose Olivares.

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    Texas judge vacates order limiting murder trial coverage https://www.radiofree.org/2023/01/17/texas-judge-vacates-order-limiting-murder-trial-coverage/ https://www.radiofree.org/2023/01/17/texas-judge-vacates-order-limiting-murder-trial-coverage/#respond Tue, 17 Jan 2023 16:56:48 +0000 https://pressfreedomtracker.us/all-incidents/texas-judge-vacates-order-limiting-murder-trial-coverage/

    A judge in Waco, Texas, issued a sweeping gag order on Jan. 9, 2023, restricting media coverage ahead of a retrial in a murder case. The order was vacated two days later after attorneys for local broadcaster KWTX successfully argued that it amounted to an unconstitutional prior restraint, the outlet reported.

    Judge David Hodges’ order prohibited the press from reporting on basic facts about the case, including testimony or evidence from the initial trial in 2015, that it resulted in a conviction, the fact that the case was reversed or the reason behind the reversal. It also barred any reporting on any pretrial rulings in the case.

    The case — which was set to begin on Jan. 9 — was postponed citing concerns that there would not be insufficient jurors from which to select a jury, according to KWTX.

    The Waco Tribune-Herald reported that the gag order forced it to hold its reporting on the postponement.

    Attorneys for CBS-affiliate KWTX sent a three-page letter to the court arguing against the order the same day it was issued, according to the outlet. KWTX Vice President and General Manager Josh Young declined to comment when reached by email.

    Kelley Shannon, executive director of the Freedom of Information Foundation of Texas, told the outlet that the order would have infringed on First Amendment rights and Hodges was right to lift the restrictions on the press.

    “Journalists have a right — and a duty — to cover what’s going on at the courthouse to keep the public informed,” Shannon said. “It’s understandable that the judge wants to ensure a fair trial and try to select a local jury, but attempting to restrain what the news media reports is not the answer.”


    This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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    "Argentina, 1985": Oscar-Shortlisted Film Depicts Historic War Crimes Trial of U.S.-Backed Generals https://www.radiofree.org/2023/01/13/argentina-1985-oscar-shortlisted-film-depicts-historic-war-crimes-trial-of-u-s-backed-generals-2/ https://www.radiofree.org/2023/01/13/argentina-1985-oscar-shortlisted-film-depicts-historic-war-crimes-trial-of-u-s-backed-generals-2/#respond Fri, 13 Jan 2023 14:48:05 +0000 http://www.radiofree.org/?guid=8c3ef49c9292936277952c4c70b8ebb2
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    “Argentina, 1985”: Oscar-Shortlisted Film Depicts Historic War Crimes Trial of U.S.-Backed Generals https://www.radiofree.org/2023/01/13/argentina-1985-oscar-shortlisted-film-depicts-historic-war-crimes-trial-of-u-s-backed-generals/ https://www.radiofree.org/2023/01/13/argentina-1985-oscar-shortlisted-film-depicts-historic-war-crimes-trial-of-u-s-backed-generals/#respond Fri, 13 Jan 2023 13:11:59 +0000 http://www.radiofree.org/?guid=da2b1f94c14322fd8617371eb17c54d6 Standard

    We speak with director Santiago Mitre about “Argentina, 1985,” his dramatization of the Trial of the Juntas, when a civilian court prosecuted Argentina’s former military leaders for brutal crimes committed during the U.S.-backed right-wing military dictatorship from 1976 to 1983. The film just won a Golden Globe for Best Motion Picture in a Non-English Language and is also shortlisted for an Oscar for best international film. Mitre talks about following the landmark trial in Argentina as a boy, just a short time after the end of the dictatorship, and why he felt compelled to tell the story as a filmmaker. “The decision of the government to do this trial was very brave and very important, and it founded the basis of the new democracy,” says Mitre.


    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    Nobel Peace Prize Winner Ales Bialiatski on Trial in Belarus | #shorts https://www.radiofree.org/2023/01/05/nobel-peace-prize-winner-ales-bialiatski-on-trial-in-belarus-shorts/ https://www.radiofree.org/2023/01/05/nobel-peace-prize-winner-ales-bialiatski-on-trial-in-belarus-shorts/#respond Thu, 05 Jan 2023 21:06:28 +0000 http://www.radiofree.org/?guid=b4b1c8063391ec2de5c033bf284ab1c2
    This content originally appeared on Human Rights Watch and was authored by Human Rights Watch.

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    To Catch a Dictator: Human Rights Lawyer Reed Brody on the Pursuit and Trial of Chad’s Hissène Habré https://www.radiofree.org/2022/12/26/to-catch-a-dictator-human-rights-lawyer-reed-brody-on-the-pursuit-and-trial-of-chads-hissene-habre-2/ https://www.radiofree.org/2022/12/26/to-catch-a-dictator-human-rights-lawyer-reed-brody-on-the-pursuit-and-trial-of-chads-hissene-habre-2/#respond Mon, 26 Dec 2022 14:00:51 +0000 http://www.radiofree.org/?guid=0f699f3ac3b581ee99868c1c39f8c90e
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    To Catch a Dictator: Human Rights Lawyer Reed Brody on the Pursuit and Trial of Chad’s Hissène Habré https://www.radiofree.org/2022/12/26/to-catch-a-dictator-human-rights-lawyer-reed-brody-on-the-pursuit-and-trial-of-chads-hissene-habre/ https://www.radiofree.org/2022/12/26/to-catch-a-dictator-human-rights-lawyer-reed-brody-on-the-pursuit-and-trial-of-chads-hissene-habre/#respond Mon, 26 Dec 2022 13:01:36 +0000 http://www.radiofree.org/?guid=0a7a0479e20f4f70ec155e42f8812082 Seg1 reed book

    In this special broadcast, we speak with Reed Brody, the international human rights lawyer who has been called “the dictator hunter” for his role in bringing historic legal cases against former Chilean dictator Augusto Pinochet and others. Brody’s new book is just out, titled “To Catch a Dictator: The Pursuit and Trial of Hissène Habré.” Habré, a former U.S. ally, was convicted in 2016 by the Extraordinary African Chambers in the Senegalese court system and sentenced to life in prison.


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    Azerbaijan Police Detain Dozens of Protesters on Day of Activist’s Trial https://www.radiofree.org/2022/12/25/azerbaijan-police-detain-dozens-of-protesters-on-day-of-activists-trial/ https://www.radiofree.org/2022/12/25/azerbaijan-police-detain-dozens-of-protesters-on-day-of-activists-trial/#respond Sun, 25 Dec 2022 19:21:21 +0000 https://www.commondreams.org/opinion/bakhtiyar-hajiyev

    On December 23, an appeals court in Baku, Azerbaijan ruled to keep political activist Bakhtiyar Hajiyev behind bars. Hajiyev was arrested on December 9 on what local and international human rights organizations consider bogus charges and sentenced to 50 days in detention.

    Hajiyev requested release under house arrest at the most recent hearing. The political activist has been on a hunger strike since his arrest. His health condition has now been described by his lawyer as deteriorating. The same day, a group of supporters attempted to stage a protest in support of Hajiyev. Police detained a few dozen activists prior to and during the protest.

    Reporting from the scene showed police taking protesters towards two police buses waiting near the area activists gathered.

    On December 20, the State Department Spokesperson, Ned Price, reiterated in a press briefing the concern over Hajiyev's arrest, calling for the activist's expeditious release.

    Similarly, in an interview with Azadliq Radio on December 22, Azerbaijan Service for Radio Liberty, Giorgi Gogia, the Associate Director for Europe and Central Asia at Human Rights Watch, said the decision to arrest Hajiyev must be lifted and the activist must be immediately released.

    “Pre-trial detention of a well-known activist Bakhtiyar Hahiyev raises major concerns. Azerbaijani human rights defenders consider criminal case against Mr. Hajiyev to be based on misuse of criminal law and to serve as an illegal reprisal for Hajiyev's latest international advocacy work and for exercising his right to freedom of expression,” tweeted Kety Abashedize, Senior Human Rights Officer at the Human Rights House Foundation.

    Hajiyev's arrest is not an isolated case. Scores of activists and journalists continue to face a wave of persecution in Azerbaijan. Azerbaijan's track record on press freedom has been steadily worsening for many years now. This is reflected in the country's place on press freedom rankings and journalists’ personal accounts of persecution and intimidation. This year, on World Press Freedom Day, Reporters Without Borders ranked Azerbaijan 154th out of 180 countries. Although the country's score improved from last year, moving up by 6 points, the draconian media law that came into effect at the start of this year will have further graver consequences on media freedom and plurality. Azerbaijan was also ranked “not free” by annual Freedom in the World index by Freedom House. Meanwhile, authorities refute claims that the present crackdown — including Hajiyev's — is political.

    Hajiyev is facing multiple charges — hooliganism and contempt of court. If found guilty, Hajiyev may be sentenced to three years behind bars.

    Meanwhile, the head of the committee set up to defend Hajiyev, Rufat Safarov, said on December 19 that the political activist faced ill-treatment in prison because of his hunger strike. On the fifth day since Hajiyev announced his decision to go on a hunger strike, prison management has transferred him to a cell with no heating.

    This article was originally published by Global Voices.


    This content originally appeared on Common Dreams and was authored by Arzu Geybullayeva.

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    House GOP Using Omnibus Fight as ‘Trial Run’ for Ploy to Cut Social Security and Medicare, Critics Warn https://www.radiofree.org/2022/12/23/house-gop-using-omnibus-fight-as-trial-run-for-ploy-to-cut-social-security-and-medicare-critics-warn/ https://www.radiofree.org/2022/12/23/house-gop-using-omnibus-fight-as-trial-run-for-ploy-to-cut-social-security-and-medicare-critics-warn/#respond Fri, 23 Dec 2022 16:24:20 +0000 https://www.commondreams.org/news/gop-omnibus-social-security-medicare

    The U.S. House of Representatives on Friday passed a $1.7 trillion government funding package to avert a partial shutdown, but not before hearing the vocal objections of far-right Republicans who have signaled their plans to pursue spending cuts—specifically targeting Social Security and Medicare—once they take control of the chamber next month.

    Leading up to the Senate's vote Thursday to send the omnibus to the House, dozens of Republicans spearheaded by Rep. Chip Roy of Texas urged their colleagues in the upper chamber to "use every tool possible to kill this bill," raising well-worn complaints about the national debt and threatening to do all they can to obstruct ordinary congressional business in the next session.

    "If any omnibus passes in the remaining days of this Congress, we will oppose and whip opposition to any legislative priority of those senators who vote for its passage—including the Republican leader," Roy and 30 other House Republicans wrote in a letter to the Senate GOP on Wednesday. "We will oppose any rule, any consent request, suspension voice vote, or roll call vote of any such Senate bill, and will otherwise do everything in our power to thwart even the smallest legislative and policy efforts of those senators."

    House Minority Leader Kevin McCarthy (R-Calif.), who is fighting to become the next speaker, endorsed the threat from the Republican group, which had hoped to delay work on the omnibus until the GOP assumed control of the House.

    To progressive watchdogs, the House GOP's fervent campaign against the must-pass spending package offered a preview of how Republicans will wield their majority in the lower chamber to wreak havoc and pursue longstanding right-wing policy goals in 2023.

    "MAGA extremists in Congress are dusting off an old conservative playbook for when they seize power—using the deficit they created with irresponsible tax breaks for billionaires and greedy corporations as an excuse to gut Social Security and Medicare benefits for America's seniors and working people," said Liz Zelnick, director of the Economic Security and Corporate Power program at Accountable.US.

    The watchdog group cautioned that House Republicans are using the omnibus as "a trial run."

    "The same MAGA Republicans feigning indignation about spending today stood silent as their deficit-busting Trump tax breaks rewarded highly-profitable corporations that have gouged working families on everything from gas to groceries," Zelnick added. "This is what Americans are in store for next year: MAGA extremists serving the interests of billionaires, profiteering corporations, and other special interests while asking everyone else to pay for it."

    Ahead of the 2022 midterms, a number of House Republicans—including McCarthy—made clear they would be willing to use every opportunity to push for cuts to Social Security, Medicare, climate investments, and more, even if it means holding the federal government and the entire U.S. economy hostage.

    And they may have two major opportunities to do so in the coming year.

    The omnibus that the House approved Friday only funds the government through September 2023, setting up another spending battle that Republicans will likely attempt to use as leverage to enact elements of their deeply unpopular agenda, which includes possible Medicare benefit cuts and Social Security privatization.

    A looming fight over the debt ceiling—which Democratic congressional leaders have failed to defuse despite urgent pleas from rank-and-file lawmakers and progressive campaigners—could give Republicans another chance to inflict harmful spending cuts, as they did during the debt ceiling showdown of 2011.

    The U.S. government is set to reach the debt limit—an arbitrary figure set by Congress that dictates how much money the Treasury Department can borrow to meet its obligations—as soon as early 2023.

    "This is what Americans are in store for next year: MAGA extremists serving the interests of billionaires, profiteering corporations, and other special interests while asking everyone else to pay for it."

    President Joe Biden, who has in the past advocated Social Security cuts, pledged in October to oppose any GOP attack on the program.

    "The Republican leadership in Congress has made it clear they will crash the economy next year by threatening the full faith and credit of the United States for the first time in our history, putting the United States in default, unless, unless, we yield to their demand to cut Social Security and Medicare," Biden said in a speech at the White House. "Let me be really clear: I will not yield. I will not cut Social Security. I will not cut Medicare, no matter how hard they work at it."

    Mary Small, chief strategy officer for Indivisible, said Thursday that House Republicans' response to the omnibus foreshadows "what much of next year will look like: MAGA Republicans, desperate to out-extreme each other, ignoring the needs of everyday people."

    "Their track record—from the January 6th select committee to this eleventh-hour funding bill—proves that they won't be partners in governance," said Small.


    This content originally appeared on Common Dreams and was authored by Jake Johnson.

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    Cambodian court hears final arguments in Kem Sokha’s treason trial https://www.rfa.org/english/news/cambodia/kem-sokha-12212022175739.html https://www.rfa.org/english/news/cambodia/kem-sokha-12212022175739.html#respond Wed, 21 Dec 2022 22:57:00 +0000 https://www.rfa.org/english/news/cambodia/kem-sokha-12212022175739.html A court in Cambodia on Wednesday heard closing arguments in the trial of opposition leader Kem Sokha, who faces unsubstantiated charges of treason.

    Kem Sokha was detained in 2017 after the Cambodia National Rescue Party, which had been the main opposition party at the time, made significant gains in local commune elections. He was placed under house arrest, but was released prior to the beginning of his trial which has dragged on for more than two years.

    In the final arguments on Wednesday, the prosecution recommended that the court reimpose Kem Sokha’s detention and sentence him to a long prison term. It said that in addition to criminal prosecution for treason, the government plans to seek civil compensation and damages.

    The court is scheduled to announce the trial’s verdict on March 3 – just four months before Cambodians go to the polls to vote in the 2023 general election.

    As he exited the courtroom at around 9 p.m. on Wednesday, Kem Sokha told reporters that the court had relied on “fake evidence.” 

    “The verdict has not been rendered,” he said, and claimed that video evidence the prosecution used against him was edited with the intent to defame him. 

    Kem Sokha’s lawyer Meng Sopheary told reporters that her client was neither involved with a revolution nor had led violent demonstrations against the government, and said the video evidence was edited in such a way as to prove these allegations.

    “I don’t know about the court’s decision but our closing argument has cleared allegations against my client,” she said.

    Another lawyer, Peng Heng, said Kem Sokha has maintained his innocence and urged the court and government to drop charges against him. 

    “He wants the court to show that he is innocent so he can return to serving his country,” he said.

    Cambodia’s Supreme Court dissolved and outlawed the Cambodia National Rescue Party following Kem Sokha’s arrest, which paved the way for Hun Sen’s ruling Cambodian People’s Party to take every seat in the country’s National Assembly in the 2018 general election. 

    The ban kicked off a five-year crackdown on the political opposition, with many of those affiliated with the illegal party arrested and detained on charges like conspiracy, incitement, and treason.

    Political commentator Seng Sary told RFA’s Khmer Service that even though the prosecutor referred the court to convict Kem Sokha, he believes the court will drop charges against him.

    “I am optimistic that Kem Sokha will get justice,” he said, explaining that Cambodia can ill afford to convict him and face more economic pressure from the international community.

    Another political commentator Kim Sok, told RFA that the court would likely issue a light sentence against Kem Sokha. 

    “But I don’t expect he gets full freedom. The verdict will be difficult to understand,” he said.

    Ruling party spokesman Sok Ey San told RFA that the government used a speech delivered by Kem Sokha in Australia in 2013 to charge him with treason. 

    “He said he was proud that he succeeded [in collusion with foreign countries] but it turned out to be a win for the government,” said Sok Ey San.

    Translated by Samean Yun. Written in English by Eugene Whong.


    This content originally appeared on Radio Free Asia and was authored by By RFA Khmer.

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    Judge Orders Philly DA to Disclose All Evidence in Mumia Abu-Jamal Case. Could It Lead to New Trial? https://www.radiofree.org/2022/12/19/judge-orders-philly-da-to-disclose-all-evidence-in-mumia-abu-jamal-case-could-it-lead-to-new-trial/ https://www.radiofree.org/2022/12/19/judge-orders-philly-da-to-disclose-all-evidence-in-mumia-abu-jamal-case-could-it-lead-to-new-trial/#respond Mon, 19 Dec 2022 14:58:33 +0000 http://www.radiofree.org/?guid=2d44f7339b1146c59a9a1dbb3cf47c81
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    Judge Orders Philly DA to Disclose All Evidence in Mumia Abu-Jamal Case. Could It Lead to New Trial? https://www.radiofree.org/2022/12/19/judge-orders-philly-da-to-disclose-all-evidence-in-mumia-abu-jamal-case-could-it-lead-to-new-trial-2/ https://www.radiofree.org/2022/12/19/judge-orders-philly-da-to-disclose-all-evidence-in-mumia-abu-jamal-case-could-it-lead-to-new-trial-2/#respond Mon, 19 Dec 2022 13:29:08 +0000 http://www.radiofree.org/?guid=98159044b0e9d19e781479a619c37d4a Seg2 mumia 2

    Supporters of imprisoned journalist Mumia Abu-Jamal are celebrating a decision by a Philadelphia judge on Friday to order the Philadelphia District Attorney’s Office to share all of its files on the case with Abu-Jamal’s defense team. Judge Lucretia Clemons gave prosecutors and the defense 60 days to review the files, including many that Abu-Jamal’s team has never seen. The judge is then expected to rule on whether to hold a new trial for the former Black Panther, who has been imprisoned for over 40 years for his 1982 conviction in the murder of police officer Daniel Faulkner. His supporters have long claimed prosecutors withheld key evidence and bribed or coerced witnesses to lie, and documents found in the DA’s office in 2019 show Abu-Jamal’s trial was tainted by judicial bias and police and prosecutorial misconduct. For more on the case, we speak with Johanna Fernández, an associate professor of history at CUNY’s Baruch College and one of the coordinators of the Campaign to Bring Mumia Home. “We have enough evidence here to clearly give Mumia at least an evidentiary hearing, a new trial or set him free,” says Fernández. She is the executive producer and writer of the film “Justice on Trial: The Case of Mumia Abu-Jamal” and is also the editor of “Writing on the Wall: Selected Prison Writings of Mumia Abu-Jamal.”


    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    Mumia Should Be Freed: A Sitting Trial Judge in Arkansas Appeals to Philly Judge to Drop Charges https://www.radiofree.org/2022/12/14/mumia-should-be-freed-a-sitting-trial-judge-in-arkansas-appeals-to-philly-judge-to-drop-charges-2/ https://www.radiofree.org/2022/12/14/mumia-should-be-freed-a-sitting-trial-judge-in-arkansas-appeals-to-philly-judge-to-drop-charges-2/#respond Wed, 14 Dec 2022 15:32:28 +0000 http://www.radiofree.org/?guid=98204c43a587b4fb2bb002eeb435a8e3
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    Mumia Should Be Freed: A Sitting Trial Judge in Arkansas Appeals to Philly Judge to Drop Charges https://www.radiofree.org/2022/12/14/mumia-should-be-freed-a-sitting-trial-judge-in-arkansas-appeals-to-philly-judge-to-drop-charges-2-2/ https://www.radiofree.org/2022/12/14/mumia-should-be-freed-a-sitting-trial-judge-in-arkansas-appeals-to-philly-judge-to-drop-charges-2-2/#respond Wed, 14 Dec 2022 15:32:28 +0000 http://www.radiofree.org/?guid=98204c43a587b4fb2bb002eeb435a8e3
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    Mumia Should Be Freed: A Sitting Trial Judge in Arkansas Appeals to Philly Judge to Drop Charges https://www.radiofree.org/2022/12/14/mumia-should-be-freed-a-sitting-trial-judge-in-arkansas-appeals-to-philly-judge-to-drop-charges/ https://www.radiofree.org/2022/12/14/mumia-should-be-freed-a-sitting-trial-judge-in-arkansas-appeals-to-philly-judge-to-drop-charges/#respond Wed, 14 Dec 2022 13:44:11 +0000 http://www.radiofree.org/?guid=842fa11578adb755bc9462278c3692a4 Seg3 griffen mumia 2

    This Friday, Mumia Abu-Jamal faces what could be his last chance for a new trial to consider newly discovered evidence that casts doubt on his 1982 conviction for murder. The journalist and former Black Panther has spent 41 years in prison for the death of police officer Daniel Faulkner, for which he has always maintained his innocence. His lawyers say evidence in boxes discovered in the Philadelphia District Attorney’s Office in 2019 shows his trial was tainted by judicial bias, as well as police and prosecutorial misconduct, like withholding evidence, and bribing or coercing witnesses to lie. Philadelphia Common Pleas Court Judge Lucretia Clemons indicated she intends to dismiss Mumia’s request for a new trial, but said she would announce her final decision this Friday, December 16. For more on this closely watched case, we speak with Wendell Griffen, Arkansas circuit judge, who is calling for Abu-Jamal’s release and says Judge Clemons should take into account how the irregularities in Abu-Jamal’s case should have already secured his freedom, suggesting a drive for vengeance is the main reason that hasn’t happened. “The prosecution messed up, the investigation messed up, and Mumia Abu-Jamal was wrongfully prosecuted, wrongfully convicted, wrongfully sentenced and is now wrongfully incarcerated,” says Griffen. “But our bloodlust prevents us from acknowledging that.”


    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    Venezuelan Political Prisoner on Trial in Miami Refuses to “Sing” https://www.radiofree.org/2022/12/14/venezuelan-political-prisoner-on-trial-in-miami-refuses-to-sing-2/ https://www.radiofree.org/2022/12/14/venezuelan-political-prisoner-on-trial-in-miami-refuses-to-sing-2/#respond Wed, 14 Dec 2022 06:58:35 +0000 https://www.counterpunch.org/?p=268341 Starting December 12, an evidentiary hearing before the US Southern District Court of Florida began considering a case of historic importance. Is the US above international law? Can international conventions on diplomatic immunity be violated by US courts and prosecutors? The fate of Alex Saab, a special envoy of the Bolivarian Republic of Venezuela is being contested, but larger questions that could affect the lives of diplomats around the world will be decided. More

    The post Venezuelan Political Prisoner on Trial in Miami Refuses to “Sing” appeared first on CounterPunch.org.


    This content originally appeared on CounterPunch.org and was authored by Roger Harris.

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    Venezuelan Political Prisoner on Trial in Miami Refuses to “Sing” https://www.radiofree.org/2022/12/12/venezuelan-political-prisoner-on-trial-in-miami-refuses-to-sing/ https://www.radiofree.org/2022/12/12/venezuelan-political-prisoner-on-trial-in-miami-refuses-to-sing/#respond Mon, 12 Dec 2022 15:39:21 +0000 https://dissidentvoice.org/?p=136125 Starting December 12, an evidentiary hearing before the US Southern District Court of Florida is considering a case of historic importance. Is the US above international law? Can international conventions on diplomatic immunity be violated by US courts and prosecutors? The fate of Alex Saab, a special envoy of the Bolivarian Republic of Venezuela is […]

    The post Venezuelan Political Prisoner on Trial in Miami Refuses to “Sing” first appeared on Dissident Voice.]]>
    Starting December 12, an evidentiary hearing before the US Southern District Court of Florida is considering a case of historic importance. Is the US above international law? Can international conventions on diplomatic immunity be violated by US courts and prosecutors? The fate of Alex Saab, a special envoy of the Bolivarian Republic of Venezuela is being contested, but larger questions that could affect the lives of diplomats around the world will be decided.

    Most prisoners with a get-out-of-jail-free card would have played it, but not Alex Saab. The Venezuelan diplomat has been incarcerated for two and a half years.

    On June 12, 2020, Alex Saab was on a mission from Caracas to Tehran to procure supplies of food, fuel, and medicine denied the Venezuelans by sanctions imposed by the US. His plane was diverted to the island archipelago nation of Cabo Verde. When it landed on the tarmac, he was seized at Washington’s behest and has been imprisoned since.

    Under pressure from the US, Cabo Verde defied findings by the regional ECOWAS Court of Justice and the United Nations Human Right Committee to free Alex Saab. As a special envoy of the Venezuelan government, he was supposed to be immune from arrest and detention under the Vienna Convention on Diplomatic Relations.

    Then on October 16, 2022, Saab was “extradited” – really “kidnapped” because the US does not have an extradition treaty with Cabo Verde – and imprisoned in Miami.

    Washington’s embarrassingly feeble excuse for the forcible extraction of a foreign national to the US was that the special envoy was guilty of bilking the Venezuelan people.  Yet, as soon as Saab had been thrown into the federal penitentiary, the Department of Justice dropped their seven charges of money laundering.

    The remaining charge of “conspiracy” to money launder is a prosecutor’s gift because the accused can’t use the fact that they did not commit the alleged crime as proof of innocence.

    In fact, what the imperial power had perpetrated was an example of extra-territorial judicial overreach. Someone who is a foreigner and not in the US is being persecuted for an alleged crime committed in a foreign country. Only an entity that had arrogated to itself to be the world’s cop could pull off such an egregious action.

    Surely, if Mr. Saab was indeed undermining the government of Venezuelan President Nicolás Maduro, the US would have been delighted. Such subversive activity would have been consonant with US’s own policy of regime-change to be achieved by applying sanctions. Yet it was Saab who was, by Washington’s own admission, instrumental in helping Venezuela circumvent these unilateral coercive measures by bringing humanitarian supplies from Iran in legal international trade.

    Contrary to Washington’s colonialist pretext that Saab was wronging the Venezuelan people, the Caracas government has treated him as a national hero.

    But perhaps the strongest argument for Saab’s sincerity is that the US government has admitted that the diplomat was targeted because he had information that Washington wanted. No lesser an authority than former US Defense Secretary Mark Esper wrote: “It was important to get custody of him. This could provide a real roadmap for the US government to unravel the Venezuelan government’s illicit [sic] plans.”

    Yet under torture in Cabo Verde and further incarceration in the US, Alex Saab has refused to “sing” and has maintained his allegiance to the democratically elected government of Venezuela. Instead of being reunited with his family, Alex Saab in still arguing for his right to diplomatic immunity and against his illegal detention.

    If the US refuses to recognize special envoy Saab’s diplomatic immunity, the precedent will endanger the inviolability of diplomats worldwide.

    The post Venezuelan Political Prisoner on Trial in Miami Refuses to “Sing” first appeared on Dissident Voice.


    This content originally appeared on Dissident Voice and was authored by Roger D. Harris.

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    Futuro Media Probes Deadly U.S. Border Policy & NY Drug Trafficking Trial of Mexico’s Former Top Cop https://www.radiofree.org/2022/12/07/futuro-media-probes-deadly-u-s-border-policy-ny-drug-trafficking-trial-of-mexicos-former-top-cop/ https://www.radiofree.org/2022/12/07/futuro-media-probes-deadly-u-s-border-policy-ny-drug-trafficking-trial-of-mexicos-former-top-cop/#respond Wed, 07 Dec 2022 14:51:40 +0000 http://www.radiofree.org/?guid=9464f0b3b3a4f193b2f1b8c72cc63981
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    https://www.radiofree.org/2022/12/07/futuro-media-probes-deadly-u-s-border-policy-ny-drug-trafficking-trial-of-mexicos-former-top-cop/feed/ 0 355950
    Futuro Media Probes Deadly U.S. Border Policy & NY Drug Trafficking Trial of Mexico’s Former Top Cop https://www.radiofree.org/2022/12/07/futuro-media-probes-deadly-u-s-border-policy-ny-drug-trafficking-trial-of-mexicos-former-top-cop-2/ https://www.radiofree.org/2022/12/07/futuro-media-probes-deadly-u-s-border-policy-ny-drug-trafficking-trial-of-mexicos-former-top-cop-2/#respond Wed, 07 Dec 2022 13:31:44 +0000 http://www.radiofree.org/?guid=bab0647ce2dbddebc9749590251a976a Seg2 deathbypolicy

    In “Death by Policy,” the newly launched investigative unit of Pulitzer Prize-winning Futuro Media reveals how the U.S. Border Patrol’s policies push migrants attempting to cross from Mexico to the U.S. into dangerous areas, especially the Sonoran Desert in Arizona. The longstanding “prevention through deterrence” approach, which funnels people into unsafe migration routes, has contributed to thousands of deaths since the 1990s. For more, we speak to Futuro Media’s Maria Hinojosa, who hosts the new podcast on Latino USA and draws connections to the new bipartisan immigration Senate reform bill. We also speak with Peniley Ramírez, co-host of the unit’s new five-part podcast series ”USA v. García Luna,” which looks at Mexico’s former secretary of public security, García Luna, who will soon become the highest-ranking Mexican official ever to face trial in the United States for his alleged role in drug trafficking. “This person was at the same time, according to the accusation, working for the Mexican government, working for the Sinaloa Cartel and cooperating with U.S. agencies, especially the DEA,” says Ramírez.


    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    https://www.radiofree.org/2022/12/07/futuro-media-probes-deadly-u-s-border-policy-ny-drug-trafficking-trial-of-mexicos-former-top-cop-2/feed/ 0 355967
    Revelations on the murky fate of flag ‘treason’ prisoners in West Papua https://www.radiofree.org/2022/11/30/revelations-on-the-murky-fate-of-flag-treason-prisoners-in-west-papua/ https://www.radiofree.org/2022/11/30/revelations-on-the-murky-fate-of-flag-treason-prisoners-in-west-papua/#respond Wed, 30 Nov 2022 22:47:49 +0000 https://asiapacificreport.nz/?p=80964 Today marks 1 December 1961 when the West Papuan national flag, the Morning Star was first raised and the date has been honoured across the world ever since. The flag was raised by West Papuan legislators who had been promised independence by then-colonial ruler, the Netherlands, but this hope was dashed by Indonesian annexation in 1969. Today marks the 61st anniversary of that first flag-raising. West Papuans raising the flag risk prison sentences of up to 15 years. The following article from Tabloid Jubi newspaper in the Papuan capital Jayapura is part of a five-part series exposing the cruel and inhumane treatment of flag-raisers by Indonesian authorities.


    Seven West Papuan makar — “treason” — convicts who were found guilty of raising the Morning Star flag were released on September 27 this year after completing their prison term of 10 months.

    Until today, Papua activist and treason convict Melvin Yobe still does not know the result of his medical check-up at Dian Harapan Hospital earlier this year on February 16.

    Maksimus Simon Petrus You also doesn’t know what punishment was given to the prison guard who brutally beat him.

    Even more disturbing, however, is the fate of Zode Hilapok. He was unable to stand trial as his health continued to deteriorate due to tuberculosis. Zode Hilapok died while undergoing treatment at Yowari Regional General Hospital in Jayapura Regency on October 22.

    Since detaining Zode Hilapok on December 2, 2021, law enforcement officials at all levels failed to provide adequate health services for his recovery and he was never put on trial.

    Melvin Yobe and his friends when they were released from Abepura Prison on 27 September 2022
    Melvin Yobe and his friends when they were released from Abepura Prison on 27 September 2022. Image: Theo Kelen/Tabloid Jubi

    Violating human rights
    A law faculty lecturer at Cenderawasih University, Melkias Hetharia, says treason charges against Papuan activists violated human rights — namely the right to freedom of speech and expression. He argues the treason law enforced against Melvin Yobe and his seven friends was enacted by the Dutch colonial government to punish coups and revolutions and was based on the experience of the Russian revolution.

    Hetharia told Jubi that the enforcement of the Dutch East Indies’ Criminal Code did not consider the social, cultural and philosophical aspects of the Indonesian nation.

    “The formation of treason articles in the Criminal Code did not consider aspects of human rights, therefore it is oppressive and injures a sense of justice,” Hetharia said.

    He said the term “treason” as regulated in articles 104, 106, 107, 108 and 110 of the Criminal Code had been interpreted very broadly and was not in line with the meaning of aanslag as intended in Dutch, which means “attack”. An attack in that sense was using full force in an attempt to seize power.

    “If the term treason in the articles is interpreted not as aanslag or attack, then the articles on treason are indeed contrary to human rights guaranteed and protected in the 1945 Constitution of the Republic of Indonesia,” he said.

    In fact, Melvin Yobe, Zode Hilapok, and their six friends are not the only Papuan activists who peacefully protested but have been charged with treason.

    An infographic of Papuan activists who were charged with treason 2013-2022
    An infographic of Papuan activists who were charged with treason at the Jayapura District Court, Central Jakarta District Court, and Balikpapan District Court during 2013-2022. Graphic: Leon/Tabloid Jubi

    From 2013 to 2022, at least 44 Papuan activists have been charged with treason. Among them — from Jayapura District Court data — from 2013 to 2022 there were 31 people, while in Balikpapan District Court in 2020 seven people and in the Central Jakarta Court in 2019 six people.

    Treason ‘structural criminalisation’
    Emanuel Gobay, director of the Papua Legal Aid Institute (LBH Papua), who is also the legal counsel for Melvin Yobe and his friends, believes the treason charges against Papuan activists are part of a systematic and structural criminalisation.

    “The majority of those accused of treason are human rights activists and political activists,” Gobay told Jubi.

    Gobay said the Morning Star flag was a cultural symbol of the Papuan people. According to Gobay, these cultural symbols are guaranteed under Papua Special Autonomy Law No, 21/2001.

    Gobay said the raising of the Morning Star by Melvin Yobe and other Papuan activists was part of the demand for the government to resolve Papua’s political problems.

    “They are asking the state to immediately implement the Special Autonomy Law,” said Gobay.

    On that basis, Gobay considered the use of the treason article against Papuan activists as a form of criminalisation. He also emphasised that the raising of the Morning Star flag did not automatically make Papua independent from Indonesia, therefore the element of treason was not fulfilled.

    Apart from the controversy on the use of treason legal articles for Papuan activists, the discriminative treatment received by prisoners of treason cases is also inappropriate, argues Gobay.

    Prisoners treated badly
    Gobay, who often provides legal assistance to Papuan activists suspected or charged with treason, said his clients were often treated badly.

    Zode Hilapok’s health condition was the worst of all, said Gobay. During his detention in Abepura Prison, Hilapok’s health condition deteriorated and he lost weight rapidly.

    Gobay said Abepura Prison was not suitable for detainees with a history of tuberculosis, such as Melvin Yobe and Zode Hilapok.

    “After we surveyed and compared the condition of the prison with the guidelines on handling tuberculosis patients, the prison is not suitable for accommodating prisoners with tuberculosis,” he said.

    Minister of Health Regulation No. 67/2016 on Tuberculosis Patient Treatment Guideline states that the treatment centre for tuberculosis patients must be open and have good air circulation and sunlight.

    Gobay said the regulation also stipulated that local health offices and hospitals provide special units to treat tuberculosis patients.

    “We hope that judges, prosecutors, and hospitals can implement the regulation,” he said.

    This report is supported by Transparency International Indonesia (TII), The European Union and the Alliance of Independent Journalists (AJI) in the Anticorruption Residency programme “Reporting Legal Journalism”. It is the final article in a five-part series in Tabloid Jubi and is republished by Asia Pacific Report with permission.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    Germany begins trial of second suspect in Trinh Xuan Thanh kidnapping case https://www.rfa.org/english/news/vietnam/second-trial-trinh-xuan-thanh-case-11072022002450.html https://www.rfa.org/english/news/vietnam/second-trial-trinh-xuan-thanh-case-11072022002450.html#respond Mon, 07 Nov 2022 05:37:04 +0000 https://www.rfa.org/english/news/vietnam/second-trial-trinh-xuan-thanh-case-11072022002450.html UPDATED AT 02:24 A.M. ET ON 11-7-2022

    Germany has started the trial of the second suspect in the kidnapping case of Vietnamese oil executive and former provincial official Trinh Xuan Thanh.  Proceedings got underway last Wednesday in Berlin.

    Le Anh Tu, 32, was living in the Czech capital Prague before the kidnapping in 2017. He is accused of "spying and assisting in the deprivation of liberty," in connection with the abduction of Thanh in a Berlin park in July, 2017.

    Tu’s trial comes five years after the case happened because he returned to Vietnam straight after the kidnapping.  When he arrived in Prague again, in June this year, Tu was arrested and extradited to Germany.

    Le Trung Khoa, a journalist covering the trial, said the proceedings are likely to last until the end of the month.

    The indictment says that two weeks before Thanh’s abduction Tu, along with a number of other suspects, invited Thanh's cousin, who lives in Poland, to come to Prague in order to find out Thanh's whereabouts and living habits. In the days that followed Tu is accused of tailing Thanh, the journalist said.

    Tu is also accused of being in the van that was used to kidnap Thanh and his girlfriend (believed to be Do Minh Phuong) on July 23, 2017, taking them to the Vietnamese Embassy in Berlin, Khoa said.

    “The indictment makes it very clear that this man had previously gone to Germany to spy on people like Ms. Phuong or Trinh Xuan Thanh. Finally, on July 23, at around 10 am, he drove the van carrying the Vietnamese secret service agents who kidnapped Trinh Xuan Thanh in Berlin," said Khoa.

    He added that Tu also played a role in transporting Thanh out of the Schengen Area of 26 European nations that have abolished border controls. According to the prosecution, Tu and eight other people then drove Thanh from Brno in the Czech Republic to Bratislava. From the Slovakian capital Thanh was allegedly drugged and put on a Slovak government plane and flown back to Vietnam a few days later.

    Khoa said Tu also had a history of possessing illegal weapons.

    “Le Anh Tu was searched in 2016 by German police in the Munich area who caught him carrying an undocumented weapon. He was fined for the crime of using and possessing an illegal weapon without papers.”

    Marina Mai, a German journalist who closely follows the case, told RFA she believed the evidence presented by the Federal Prosecutor's Office was overwhelming and convincing. For that reason, the court told Tu that if he pleaded guilty his sentence would be reduced and there would be no further trials. Tu is expected to be sentenced to between four and a half and five years in prison.

    Tu and his lawyer will decide whether to plead guilty or not at the next trial. During the current trial, Tu insisted that he was not involved in the kidnapping of Thanh and his girlfriend, Mai said.

    “In the event that the confession deviates from the indictment, the Federal Prosecutor's Office will not accept this agreement. So it may take weeks or months to review the evidence,” she said

    On July 17, 2018, another defendant, Nguyen Hai Long, pleaded guilty in court to assisting the Vietnamese secret service in kidnapping Thanh. He previously insisted he did not know anything about the kidnapping.

    Long was sentenced eight days later to three years and ten months in prison by a German court. He was charged with two counts of assisting in the kidnapping of Thanh and spying in Germany.

     The German police said Long had a shop in Prague specializing in money exchange and transfer services. They said Long hired a car for the Vietnamese secret service to transport Thanh from Berlin to Slovakia.

     

    Trinh Xuan Thanh was taken to court in Hanoi in January 2018 AFP.jpeg
    Trinh Xuan Thanh being taken to court in Hanoi in Jan., 2018. CREDIT: AFP

    Is Trinh Xuan Thanh about to return to Germany?

    After returning to Vietnam a Hanoi court charged Thanh with causing loss of state assets and mismanagement at his former company, PetroVietnam Construction Joint Stock Corporation. He was sentenced to two life terms on corruption charges.

    Thanh has now spent more than five years in prison but was finally allowed to meet representatives of the German Embassy in Vietnam, according to the German newspaper Die Tageszeitung (TAZ).

    In the past five years Germany’s Federal Ministry of Foreign Affairs repeatedly tried to visit Thanh, but the Vietnamese side always refused.

    The newspaper said it was not clear whether the visit means Thanh will soon be able to return to Germany, where he has been granted refugee status. However, it is German practice for embassy staff to visit an inmate before they are released from prison abroad.

    Vietnamese Foreign Minister Bui Thanh Son's meeting with his German counterpart, Annalena Baerbock in September could also be an indication that Thanh's release has been discussed by both sides, Taz newspaper said. 

    Thanh held the position of Vice Chairman of Hau Giang province, before being prosecuted for the crime of "deliberately violating State regulations, causing serious consequences" in 2016.

    He fled to Germany and applied for asylum before being sentenced.

    In August 2017, Thanh appeared on Vietnam National Television, saying that he had returned to Vietnam to turn himself in and "accept shortcomings and apologize", hoping to "enjoy the leniency of the Party, State and the law."

    The Vietnamese authorities have never said how Thanh returned to Vietnam from Germany to turn himself in.

    This story was updated to correct the name of Die Tageszeitung (TAZ) newspaper.


    This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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    ‘This Is America. That’s the Kind of Trial Mumia Abu-Jamal Had.’ – CounterSpin interview with Noelle Hanrahan on Mumia Abu-Jamal update https://www.radiofree.org/2022/11/03/this-is-america-thats-the-kind-of-trial-mumia-abu-jamal-had-counterspin-interview-with-noelle-hanrahan-on-mumia-abu-jamal-update/ https://www.radiofree.org/2022/11/03/this-is-america-thats-the-kind-of-trial-mumia-abu-jamal-had-counterspin-interview-with-noelle-hanrahan-on-mumia-abu-jamal-update/#respond Thu, 03 Nov 2022 22:25:46 +0000 https://fair.org/?p=9030845 "The culture of imprisonment tells a deeper story about America. We're not going to get it if we don't go to the prisons and get those voices out."

    The post ‘This Is America. That’s the Kind of Trial Mumia Abu-Jamal Had.’ appeared first on FAIR.

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    Janine Jackson interviewed Prison Radio‘s Noelle Hanrahan for a Mumia Abu-Jamal update for the October 28, 2022, episode of CounterSpin. This is a lightly edited transcript.

          CounterSpin221028Hanrahan.mp3

     

    Janine Jackson: TV snake oil salesman and Republican Pennsylvania candidate Mehmet Oz began a recent debate with opponent John Fetterman with reference to Maureen Faulkner, the widow of Philadelphia police officer Daniel Faulkner.

    Fetterman, Oz claimed,

    has been trying to get as many murderers convicted and sentenced to life in prison out of jail as possible, including people who are similar to the man who murdered her husband.

    Mumia Abu-Jamal, 2019

    Mumia Abu-Jamal

    You could live in a cave and understand what Oz was trying to do there, but not everyone may recognize the particular dog whistle that is the reference to Mumia Abu-Jamal, convicted of fatally shooting Daniel Faulkner in 1983. (That was the conviction.)

    Mumia Abu-Jamal’s conviction turned importantly on unreliable and conflicting testimony. It was significant that in taking up the case, elite news media went along for the ride, and sometimes drove the car—encouraging acceptance, for instance, of the fact that, though the guard assigned to Mumia immediately after his arrest reported “the negro male made no statements,” more to be believed was the other officer who subsequently came forward to say that, actually, from his hospital bed, Mumia had declared, “I shot the motherfucker  and I hope he dies.”

    Neither witness recantations or shifting accounts or evidence of jury-purging in Mumia’s case, nor the ever-expanding evidence of the terrible harms and injustices of the US prison system generally, seem to be enough to shake some media from their investment in the narrative of the “convicted cop killer,” and the need to keep him not just behind bars, but also to keep him and people “similar to” him quiet, to keep their voices and their lives out of public conversation and consideration.

    Noelle Hanrahan is legal director at Prison Radio, where Mumia Abu-Jamal is lead correspondent. She joins us now by phone from Pennsylvania. Welcome back to CounterSpin, Noelle Hanrahan.

    Noelle Hanrahan: Thank you for having me.

    JJ: We can fill in context as we go, but please go ahead and start with what’s uppermost. What is the latest legal development here?

    Guardian: Ex-Black Panther asks for fresh trial amid new evidence

    Guardian (10/26/22)

    NH: When a defendant is trying to overturn their conviction—and Mumia has been in for 42 years—when they protest their innocence, they have to go to the local trial court. That, in Philadelphia, is the Common Pleas court. Mumia had fantastic new critical evidence that was just discovered two years ago.

    There was a note in the prosecutor’s files that said, “Where was my money?” from one of the key [witnesses], and this happened right after the trial, implying that he was paid for his testimony.

    There were also notes saying that the other key witness, their cases were being tracked, and that none of the outstanding charges pending against this witness were ever prosecuted.

    The most dramatic evidence was evidence of taking Blacks off of the jury, and marks on the prosecutor’s notes about the racial composition of the jury, and also what was good and bad about which juror was selected, a white or a Black juror.

    These were critical documents that many other people have gotten relief on. The jury notes are called Batson claims, the US constitutional claim. The suppression of evidence by the prosecution, burying evidence for 40 years, is called a Brady claim. These have gotten relief for many other defendants.

    So now 42 years later, Mumia Abu-Jamal was before Judge Lucretia Clemons in the Common Pleas court, and yesterday she denied all of his claims.

    She denied them procedurally. She refused to look at the merits of the body of evidence, and specifically this new evidence, and she denied it based on time bar waiver, due diligence.

    And it’s just the Post-Conviction Relief Act, which is there only to deny inmates access to the court.

    So I was Mumia’s producer. I’ve worked on Mumia with many of his books, including his latest trilogy, Murder Incorporated: Empire, Genocide and Manifest Destiny. We published those materials.

    About five years ago, I went to law school. I passed the bar in Pennsylvania, and it’s unbelievable to see the level of stiff-arming accountability to the Frank Rizzo, Ed Rendell, Ron Castille era of literal torture of defendants and witnesses—literally torture, not figuratively. Literally. Think Jon Burge in Chicago. Think of the types of torture that have happened. That is typically what happened in the cases that I now investigate. Innocence cases, prosecutorial misconduct cases, cases where this kind of information is available to these judges.

    I’ll give you one clear example. One of the key witnesses, Robert Chobert, was a cab driver who was driving without a license. He was on probation. He had thrown a Molotov cocktail into a school for pay. None of that material was before the jury.

    There were pictures. He said he was right behind the police car and saw—yesterday, the district attorney in this case, Grady Gervino, on the other side, said, “Robert Chobert looked up from his cab and saw Mumia shoot the officer.”

    Photo showing an empty space where the witness's cab was supposed to be.

    Photo © Pedro P. Polakoff III.

    There are pictures that just came out a few years ago from the Philadelphia Bulletin, that were taken 10 minutes after the shooting, that prove that Robert Chobert wasn’t there. His cab was not behind the police car.

    Those photographs, the Polakoff photos, were denied into evidence. They were prevented from being put into the record.

    So we have Robert Chobert being presumed to be this amazing witness with no problems… Literally the photos prove he wasn’t there, and nobody was able to be told in the jury that he was on probation for throwing a Molotov cocktail into a school for pay.

    He came back to [county prosecutor Joseph] McGill, and asked, could he get his cab driver’s license reinstated? No promise—McGill said there was “no promise” of favoritism.

    Then we discovered, two years ago, his note in the prosecutor’s files: “Where is my money for testifying?”

    So the context, right? So that’s zooming in right now on what happened in court. The context, the things that haven’t been given to the court before, that haven’t been considered today?

    We have a court reporter, Terri Maurer-Carter, saying, in front of another judge, Richard Klein, that [Judge] Albert Sabo said, “I’m gonna help them fry the N-word.” He said this in the first week of the trial.

    JJ: Yeah.

    NH: So this is America. That’s the kind of trial that Mumia Abu-Jamal had, where his original trial judge Albert “I’m gonna help them fry the N-word” Sabo presided.

    And so we have a judge now who is saying none of this matters. He doesn’t get relief.

    JJ: And you have to wonder what would be lost, on the part of journalists, to reexamine that, including reexamining their own role. What is it that they feel they’re going to lose?

    There were many voices at the time calling out corporate media’s dereliction of duty; FAIR was one of them. But it was really remarkable.

    Philadelphia Daily News: Sabo Must Go

    Philadelphia Daily News (7/19/95)

    NH: When Albert Sabo was presiding over the 1995 evidentiary hearing, the Philadelphia [Daily News]’ headline was, “Sabo Must Go.” He’s going to let Mumia off because he’s so blatantly racist. The headline was “Sabo Must Go.”

    People know it. People know it. The daily news people know it. The courts know it. I interviewed Barbara McDermott, a criminal judge in the homicide division. She said Judge Sabo was the most racist, sexist and homophobic judge she’d ever met.

    Everyone knows. It’s not unclear. They all know. They are preserving the system.

    So [Philadelphia DA] Larry Krasner, in an appeal four years ago, said if they undid all of Ron Castille, a racist DA’s, opinions and judgments, it would question the entire system.

    So they wanted to narrow it to a class of individuals, smaller class, that Mumia wasn’t included in.

    Now this is a system, you have to remember, this is a system that is built on Black bodies. There’s an assembly line of Black bodies, through the Juanita Kidd Injustice Center, that is paying for the Fraternal Order of Police overtime.

    Larry Krasner said it in an Atlantic article: It’s the linchpin. The majority white police force of 6,500 police officers, 6,500 retired officers, it is their pensions and it is their overtime to pay their Jersey mortgages.

    This is not me saying “Jersey mortgages.” This is the legal director of Kenyatta Johnson’s office telling me, “Oh yeah, we know why we can’t do that. We know why we can’t fix the potholes, because the police overtime is out of control. But you know, they have to pay their Jersey mortgages.”

    And really, at the last bump, when they need to go for their pension, that’s when all the overtime racks up, $50 million of overtime each year. That’s the linchpin, that’s the dynamic. It’s commodifying poor people of color for the service of the white, marginally working-class, middle-class police officers.

    WHYY: Supporters of Mumia Abu-Jamal rally on his 67th birthday for his release

    WHYY (4/24/21)

    JJ: And let me ask you about part of how they sell that narrative, which does have to do with news media. Folks who remember coverage of Mumia’s original trial will remember how hard elite media went in on the idea, not just of accepting all of the malfeasance and problems and craziness around his case, but also there was a big overarching storyline about the idea that anybody who was incarcerated who was deemed political, anybody who was incarcerated who people on the outside were taking an interest in, was to be silenced, right?

    And so even a sympathetic piece from Philly’s public TV station WHYY last year, around protests around Mumia, they led with the idea that the case “pitted…supporters, including a long list of national and international celebrities…against police and their supporters, who resent the attention” to the case.

    So media have tried to turn it into not the particular information about this case, which, as you’ve said, the kind of information that has come out would lead to freedom, or to overturning of convictions, in other cases, they’ve made it a kind of litmus test about celebrity interest in incarcerated people, or about incarcerated people as issue, rather than as human beings.

    NH: Let me just say, that’s like Inquirer-lite. The real issue here, and I live in Philadelphia, is fear. Fear of the police. William Marinmow knows better. The Pulitzer Prize–winning journalists who live in this city, who have covered this city, they know and they are afraid. They are literally afraid.

    People don’t realize that we have a classical radio station, WRTI, in Philadelphia, associated with Temple, for one reason: because overnight, they switched the switch and took off general public interest programming, led by Democracy Now!, one day, overnight, changed it to a classical radio station. That’s why we have classical radio here in Philadelphia.

    So they do it, and they punish us. They punish the producers, they punish the journalists.

    Linn Washington can tell you. Everyone knows. That’s the thing, is the courts know. The journalists know. They know that this is a scandal, a scheme. They know that the police threats of violence are exactly what keeps people in line. They threaten your job and they threaten your life.

    Imagine if I had a news van and I painted it “Free Mumia” and I parked it on the streets of Philadelphia. It would be like a cop magnet to get destroyed, blown up, torched. All my tires would be slashed.

    You could just prove it and do it. It would happen. Everyone knows it. They are terrified. People here are terrified of the police, and people who have jobs, who have comfortable livings, will not push the envelope. And that includes the editors of our major newspapers, and the staff at WHYY.

    They will not challenge the status quo. They will not air Mumia’s voice, because there will be direct, both physical and economic penalties.

    JJ: And let me just spell out for listeners who don’t remember: In 1994, NPR had plans to run a series of commentaries from Mumia, who was, after all, a journalist, a former head of the Philadelphia Association of Black Journalists.

    They canceled that series. They said it was because he was so controversial and such a big story, such a big story that they then proceeded to do zero coverage for the following year.

    And then, as you’ve just said, when Democracy Now! was going to air those commentaries, Philadelphia’s KRTI canceled not just Democracy Now!, but all of Pacifica News, with the person in charge saying, “What’s good enough for NPR is good enough for me.”

    NH: I was in Ellen Weiss’s office, the executive director of All Things Considered, when she looked out the window, and you could see the capitol, because her NPR office was right there, and she said, “I never thought I would look to the capitol and be censored. Yesterday, Bob Dole got up on the Senate floor and threatened our entire budget if we dared air this commentary.” And she then turned to me and said, “Can you bring me a more acceptable commentator?”

    JJ: You know, folks don’t know what happens behind the scenes, and I’m really appreciating this exposure. Some folks, I imagine, think that journalists make a decision, who do we want to air? They put that person on, and then they deal with it. And it’s not at all how it happens.

    But I want to bring us, for the final part of our conversation, to the other piece of that, because the efforts to silence, not just Mumia, the efforts to silence and close off all of the perspectives of people who are incarcerated speak to the power of those perspectives, right? It speaks to why we emphatically need to hear them.

    And I just want to say, despite the name, Prison Radio is a multimedia production studio. And the whole point is to add the voices of people most impacted by the prison industrial complex to our public conversation.

    And Mumia’s case is an especially emphatic example of the lengths that powers that be— legal, political and media—will go to to squelch those voices.

    But we have work resisting that and countering that, and Prison Radio is part of that. And I just wonder if you’d like to talk a little bit about the project and why you do it.

    Noelle Hanrahan

    Noelle Hanrahan: “The culture of imprisonment tells a deeper story about America. We’re not going to get it if we don’t go to the prisons and get those voices out.”

    NH: I first began recording Mumia, and I first heard a scratchy tape of his voice, when we were covering the Robert Alton Harris execution in 1992 in California. And we were trying to get people on death row—there were 600 at the time—trying to get their voices into the mix.

    Look, if you can hear their last words stated by the warden, you can interview them. If we’re going to kill them, they have to be part of the story.

    And so I went and tried to get somebody from San Quentin, and I couldn’t. But I had heard Mumia, he was in Pennsylvania. I went and I got him.

    Now, Mumia is especially difficult for the mainstream media to grasp. He’s incredibly fluent in the king’s English. He’s actually fluent in French and German, and conversational in Spanish. He’s an incredible intellect and he was trained in the Black newsroom.

    If America is going to incarcerate 2.3 million—one out of every 100 US citizens is in prison—that needs to be part of the story.

    And I have dedicated Prison Radio’s work to bringing those voices, on every topic, into the public debate and dialogue, and we feel like it’s critical that those voices are heard.

    As a journalist, if you’re covering prisons, you really can’t cover the story without that first person, without talking to the people that it directly impacts.

    A lot of times, even my own stations at Pacifica would say, “No, we’re not going to touch that. No, we’re not going to talk to homeless people.” You’ve got to talk to prisoners. You have to give them agency. Because a lot of the prisoners, and a lot of the culture of imprisonment, tells a deeper story about America.

    We’re not going to get it if we don’t go to the prisons and get those voices out. I’ve been doing it for 30 years. I became a lawyer and an investigator because it’s not enough to just broadcast people’s voices. We have to bring them home.

    JJ: I’m going end on that human note. We’ve been speaking with Noelle Hanrahan of Prison Radio. You can find their work online at PrisonRadio.org. Noelle Hanrahan, thank you very much for joining us this week on CountersSpin.

    NH: You’re welcome.

     

    The post ‘This Is America. That’s the Kind of Trial Mumia Abu-Jamal Had.’ appeared first on FAIR.


    This content originally appeared on FAIR and was authored by Janine Jackson.

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    https://www.radiofree.org/2022/11/03/this-is-america-thats-the-kind-of-trial-mumia-abu-jamal-had-counterspin-interview-with-noelle-hanrahan-on-mumia-abu-jamal-update/feed/ 0 347743
    Morning Star flag protester in West Papua dies of mystery illness https://www.radiofree.org/2022/10/26/morning-star-flag-protester-in-west-papua-dies-of-mystery-illness/ https://www.radiofree.org/2022/10/26/morning-star-flag-protester-in-west-papua-dies-of-mystery-illness/#respond Wed, 26 Oct 2022 09:28:15 +0000 https://asiapacificreport.nz/?p=80407 RNZ Pacific

    One of eight West Papuan activists who raised the banned Morning Star flag of independence in a protest last December has died.

    Zode Hilapok’s death was confirmed by a relative, Christianus Dogopia, who said that since being detained, Hilapok’s health had been deteriorating.

    Dogopia said that on 12 December 2021 his relative began experiencing symptoms of illness, feeling fatigued and sleepy.

    At that time, Hilapok lost weight dramatically.

    “At that time he ate only rice, without side dishes, or with vegetables but in small portions. Otherwise, his stomach hurt or he would become nauseated. His bowel movements were bloody,” Dogopia said.

    Hilapok and seven friends, all aged between 18 and 29, were arrested by police on December 1, 2021, when they marched in front of the Papua police headquarters carrying Morning Star flags and banners.

    The flag is considered a symbol of the West Papua struggle for independence and has been strictly banned by the Indonesian authorities with jail sentences of up to 15 years for offenders.

    The treason case against Zode Hilapok was never tried because he was ill.

    He died at Yowari Hospital on October 22.

    In August, the other seven were found guilty of treason and sentenced to 10 months in prison from the day they were detained.

    They were released in September.

    Hilapok’s death comes after a West Papuan leader, Buchtar Tabuni, was arrested by Indonesian police.

    The West Papua Morning Star flag
    The banned West Papua Morning Star flag . . . iconic symbol of resistance flown globally in protests in support of self-determination and independence. Image: RNZ Pacific/AFP


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    Cambodia sentences Sam Rainsy to life in prison, concludes trial of Kem Sokha https://www.rfa.org/english/news/cambodia/twotrials-10192022180438.html https://www.rfa.org/english/news/cambodia/twotrials-10192022180438.html#respond Wed, 19 Oct 2022 22:04:00 +0000 https://www.rfa.org/english/news/cambodia/twotrials-10192022180438.html A court in Cambodia sentenced exiled opposition leader Sam Rainsy to life in prison on the same day that it concluded two years of proceedings in the trial of his apparently estranged former ally Kem Sokha.

    The two opposition politicians in 2012 co-founded the Cambodia National Rescue Party, or CNRP,  which had been the country’s main opposition to Prime Minister Hun Sen’s ruling Cambodian People’s Party, or CPP, before it was legally dissolved in 2017.

    Sam Rainsy has lived in self-exile in France since 2015. Kem Sokha, who was arrested in 2017, has been on a trial that started in January 2020 in what critics say is the government’s attempt to keep him out of politics.

    Their time apart has apparently taken their toll on their relationship. Kem Sokha in June declared during a session of his trial that his alliance with Sam Rainsy was over, although Sam Rainsy was quick to dismiss the comments as the result of legal pressure.

    Wednesday’s life sentence against Sam Rainsy, handed down in absentia, was a result of his conviction in August, also in absentia, for trying to cede four Cambodian provinces to a foreign state. In addition to adding life to the 47 years he has already racked up in prior convictions, the court also removed all his political rights. 

    Sam Rainsy's defense lawyer, Yong Phanith, said the latest verdict was based on insufficient evidence.

    The conviction and sentence are in connection with Sam Rainsy’s meeting in the United States in 2013 with the Montagnard Foundation, an organization that works to protect the rights of indigineous minorities in Vietnam, the Bangkok Post reported. Sam Rainsy promised to defend the rights of Cambodian indiginous people during the meeting.

    Speaking from France on Wednesday, Sam Rainsy told RFA that the sentence is an example of Hun Sen’s regime attempting to exact revenge on him for his acquittal earlier this month from defamation trials that Hun Sen and another Cambodian official filed in France. Both sides claimed victory in the defamation trials, with Hun Sen saying that they absolved him of crimes that Sam Rainsy alleged he committed.

    Sam Rainsy dismissed the charges and sentence as bogus. “I have not ceded territory to any country. I only recognized the rights of the indigenous people we call Khmer Leu in the Northeast of Cambodia,” he said of his 2013 meeting.

    “I just took the 2007 U.N. statement on the rights of indigenous people, and I said that in the future, when the country is a true democracy, we will respect the rights of indigenous people,” Sam Rainsy said.

    RFA was unable to contact the president of the Phnom Penh Municipal Court, Sin Sovannaroth, for comment.

    The sentence is politically motivated, social development monitor Seng Sary told RFA.

    “Hun Sen has been doing all this because he wants to kick Sam Rainsy out of politics,” He said. “That court case in France was like pouring gasoline on a fire.”

    The conviction and sentence were to be expected from the Cambodian legal system, veteran political analyst Lao Mong Hay told RFA. Authorities use the courts as tools for their political purposes.

    End in sight

    Kem Sokha on Wednesday asked the court during the 63rd session of his treason trial to issue a verdict and put an end to his suffering. He was previously under house arrest, but was released from that prior to this trial starting.

    He was arrested in 2017 after the CNRP performed well in local commune elections, and charged with treason. Cambodia’s Supreme Court dissolved and outlawed the party, which paved the way for the CPP to snag every seat in the country’s National Assembly in the 2018 general election. 

    The ban on the CNRP kicked off a five-year crackdown on political opposition, with many of those affiliated with the party arrested and detained on charges like conspiracy, incitement, and treason.

    While the court finally decided to end questioning, it asked that any final submissions be made by Dec. 21.

    Defense lawyer Chan Chen welcomed the end of the proceedings but expressed regret that the 2-year-long would drag on another two months – and five years since his client’s arrest. 

    Now that the trial has a definite ending date, national reconciliation is necessary, Yi Soksan, a senior official of the local Cambodian Human Rights and Development Association (Adhoc) told RFA.

    "Both sides should find a common ground to negotiate an end to this political matter," he said.

    Translated by Samean Yun. Written in English by Eugene Whong.


    This content originally appeared on Radio Free Asia and was authored by By RFA Khmer.

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    Activists Acquitted in Trial for Taking Piglets from Smithfield Foods https://www.radiofree.org/2022/10/09/activists-acquitted-in-trial-for-taking-piglets-from-smithfield-foods/ https://www.radiofree.org/2022/10/09/activists-acquitted-in-trial-for-taking-piglets-from-smithfield-foods/#respond Sun, 09 Oct 2022 03:33:22 +0000 https://theintercept.com/?p=410166

    In a historic trial over the 2017 removal of two sick and dying piglets from Utah’s Smithfield Foods factory farm, two animal rights activists were acquitted by a jury Saturday night on burglary and theft charges, which could have sent them to prison for five-and-a-half years each. The verdict is the culmination of a more than five-year pursuit that multiple agencies, including the FBI and the Utah attorney general’s office, began after the activists published undercover footage revealing gruesome conditions at Smithfield, the nation’s largest pork producer.

    Wayne Hsiung and Paul Picklesimer, members of the animal rights group Direct Action Everywhere, or DxE, removed two sick, severely underweight piglets from Smithfield in March 2017. They named the pigs Lily and Lizzie, brought them to receive veterinary care, and took them to a sanctuary for rescued farm animals in Colorado. Later that year, as The Intercept reported, the FBI chased the piglets across state lines and raided the sanctuary where they were living, bringing with them veterinarians who sliced off a piece of Lizzie’s ear to perform a DNA test and confirm that she was the property of Smithfield Foods. (The animals were not removed from the sanctuary, and still live there to this day.)

    A state veterinarian cuts Lizzie's ear for DNA testing during an FBI raid of an animal sanctuary.

    A state veterinarian cuts Lizzie’s ear for DNA testing during an FBI raid of a Colorado animal sanctuary.

    Photo: Direct Action Everywhere


    Activists who traveled to St. George, Utah, to watch the trial were jubilant over the decision, describing it as a turning point for the animal rights movement. “They just let a guy who walked into a factory farm and took two piglets out without the consent of Smithfield walk out of the courtroom free,” Hsiung told reporters outside the courthouse. “If it can happen in southern Utah, it can happen anywhere.” 

    Prosecutors alleged that the baby pigs, who were barely a week old when the activists removed them, were worth $42.20 each, or $84.40 in total, to Smithfield. The U.S.-based pork producer is a wholly-owned subsidiary of the Hong Kong-based pork company WH Group, which reported $24 billion of revenue in 2019.

    The verdict is the first jury acquittal for DxE, which Hsiung co-founded in 2013. Going into the trial, Hsiung and Picklesimer both faced two counts of felony burglary, which each carry up to five years in prison, and one count of misdemeanor theft, which carries up to six months. (One of the burglary charges was dismissed by the judge due to a lack of evidence.)

    “Smithfield has an enormous amount of financial interests that are wrapped up in this,” said Hadar Aviram, a professor at UC Hastings Law who testified in favor of the activists. “They have an enormous amount to lose if this trial becomes public, and they cannot afford, or maybe they think they cannot afford, to give an inch to these people.”

    The long-awaited trial was a test case for DxE’s theory of change, which relies  on a tactic they call “open rescue.” The group openly removes animals suffering on factory farms, vivisection labs, and other places where they’re exploited for profit, inviting confrontation with the legal system. Hsiung and Picklesimer aimed to persuade a jury of their peers that it makes no sense to imprison people for saving suffering animals, thereby opening the door to a legal “right to rescue.”

    “Against the advice of my co-counsel and pretty much all the attorneys I’ve talked to, I’m going to tell you exactly what we did on the night in question because I believe in the people of this country and the people of Utah to make the right choice,” said Hsiung, an attorney who represented himself, in his opening statement to the jury. Animal rescue “is not the worst part of us as human beings. It’s the best of us.”

    “Today is a good day for somebody in particular, and that’s Lily and Lizzie, two pigs who are living their best lives in the sunshine right now, who are priceless,” Picklesimer said after the verdict. “They got the right to be rescued today. There are billions of animals who don’t have that right yet, and we’re going to keep working for them.”

    Hsiung and Picklesimer, along with three other activists who have since pleaded out of the case, entered Circle Four Farms, Smithfield’s factory farm complex in Beaver County, Utah, in 2017 to investigate the company’s pledge to stop using gestation crates, which confine pregnant pigs in cages too small to let them turn around.

    When the activists arrived at the massive facility, they found it filled with rows of pregnant pigs caged in the crates the company had sworn off. They also entered a facility packed with farrowing crates — similar to gestation crates, but with just enough additional room to fit nursing piglets — where female pigs are moved when they’re ready to give birth. The group found dead and rotting piglets inside the facility, as well as visibly ill and injured ones like Lily and Lizzie.

    “Whenever I think about the condition Lily was in and the desperation we felt when we saw her there, struggling and so small and so sick, a little baby in such a horrible, awful, brutal place,” Hsiung said in a video posted Thursday to Instagram, “we just wanted to get her out.”

    A piglet being carried by an activist for Direct Action Everywhere.

    A piglet being carried by an activist for Direct Action Everywhere.

    Photo: Direct Action Everywhere


    A key part of the defense’s case was that the piglets were on the verge of death when Hsiung and Picklesimer took them, and Smithfield routinely throws sick or dead animals away. Had the animals remained in the company’s possession, the defense argued, they would have been worthless.

    Both piglets were a fraction of the weight of their littermates when they were found at Smithfield. Lily had scars on her face and a foot injury that prevented her from walking and accessing food; Lizzie’s face was covered in blood because her mother’s nipple was shredded and bleeding. At the trial, veterinarian Sherstin Rosenberg, who cares for pigs and other farm animals at Happy Hen Animal Sanctuary, testified that Lizzie’s mother had a condition called hypogalactia, which meant she wasn’t producing enough milk.

    Rosenberg said both piglets had a vanishingly small chance of surviving at Smithfield. The prosecution’s $42.20 estimate of their value, which comes from a USDA standard market price index, had “no relevance at all” to these specific animals, she said: The veterinary care needed to keep them alive would have cost hundreds of dollars. She added that both piglets also had diarrhea, almost certainly caused by an infection, which made them a liability to Smithfield because they could spread disease to other animals.

    In the pork industry, throwing away sick and dead animals is a cost of doing business. As a witness for the prosecution, Utah state veterinarian Dean Taylor confirmed about 15 percent of piglets don’t survive past weaning by the USDA’s estimate.

    At trial, Hsiung attempted multiple times to ask Smithfield manager Richard Topham whether his claim that piglets have value to the company applies to those they throw into dumpsters. But the prosecution objected, and Judge Jeffrey Wilcox of Utah’s Fifth District Court didn’t allow the line of questioning. “I don’t want you mentioning that again,” he told Hsiung.

    Wilcox didn’t allow DxE’s 2017 footage to be shown to the jury because, as Utah Assistant Attorney General Janise Macanas argued for the prosecution, it would “cause an improper and emotional reaction within the jury.” But Smithfield’s side still used it as a major source of evidence, referenced repeatedly throughout the trial. In July 2017, when DxE published the video and the New York Times covered it, Smithfield claimed that the video “appears to be highly edited and even staged.” Hsiung later told The Intercept: “The video speaks for itself. I don’t know how we can fake a rotting piglet.”

    Picklesimer said they ultimately thought the judge’s decision to suppress the video ended up helping the defense’s case. “It makes the jury feel like they are being treated like babies,” they said.

    While Wilcox did allow spoken references to the video footage, he blocked Picklesimer’s attorney, Mary Corporon, from describing Smithfield’s facilities as “industrial.” When Hsiung tried to question Smithfield representatives and Chris Andersen, an FBI agent who investigated the case, about whether corporate public relations concerns were the reason for the prosecution, the judge blocked most of the questioning.

    Andersen testified that approximately eight FBI agents had been on the case. When Hsiung pressed him on whether any other theft cases involving less than $100 worth of property had multiple FBI agents working on them, Andersen acknowledged that he couldn’t think of one from personal experience. FBI documents obtained during discovery revealed that Andersen had discussed the incident with executives from Smithfield and Costco. “Smithfield is concerned how this incident and the news coverage of it will affect Smithfields [sic] reputation and relationships with clients,” read one, which was based on an interview with Smithfield senior vice president Keira Lombardo.

    DxE had sought disclosures of Utah Attorney General Sean Reyes’s potential financial ties to Smithfield, arguing that he could have a conflict of interest in the case. A Salt Lake Tribune story found that Smithfield donated at least $10,410 to the Republican Attorneys General Association in 2014 and gave Reyes a $500 direct contribution in 2020.

    This verdict is very disappointing as it may encourage anyone opposed to raising animals for food to vandalize farms,” Jim Monroe, Smithfield’s vice president of corporate affairs, said in a statement. “Following this 2017 incident, we immediately launched an investigation and completed a third-party audit after learning of alleged mistreatment of animals on a company-owned hog farm in Milford, Utah. The audit results showed no findings of animal mistreatment.”

    Rick Pitman, a California-based turkey farmer, testified in favor of the defendants. His position likely came as a surprise: In 2018, DxE activists took his turkey from a farm in Utah and exposed cruel conditions maintained there, which were then covered by the Salt Lake Tribune.

    “There’s a difference between stealing a turkey and causing damage to the property or economic damage to me, or whether he’s trying to rescue a turkey that’s suffering,” said Pitman. He added that talking to DxE has helped him improve living standards for his animals.

    Protesters demonstrate outside the court during Wayne Hsiung and Paul Picklesimer's trial.

    Protesters demonstrate outside the court during Wayne Hsiung and Paul Picklesimer’s trial.


    Leading up to the trial, Wilcox ruled that the case could only focus on the narrow legal issues of burglary and theft. He didn’t allow the defense to discuss general animal welfare conditions at the factory farm, but he did allow them to testify to the health of Lily and Lizzie because of its relevance to the prosecution’s claim of monetary value.

    At one point, Wilcox allowed the defense to show a screenshot from their footage of Lizzie’s face covered in her mother’s blood, but not of the bleeding mother next to her. The prosecutors, Macanas and Beaver County Attorney Von J. Christiansen, objected many times to mentions of animal welfare at trial.

    In his closing arguments Friday night, Christiansen compared the piglets to inanimate objects. “Suppose you were in the grocery store and you saw a can with dents in it,” he said. “And you thought to yourself, ‘oh my goodness, that can has a dent, it has the potential of going bad. I better rescue that can.’”

    “I think it’s bigger and past just the animal rights issues, to the whole question of government overreach and prosecutions in the service of large corporations,” Corporon said. “I have never seen an FBI agent sit through a six-day trial in state court in Utah, ever.”

    In the 1970s and ’80s, Aviram said, anti-nuclear activists who broke into nuclear facilities made arguments known as a “necessity defense,” wherein the defendant proves that their action was intended to prevent imminent harm. “In those years, you could actually go to a small town in Nevada where the test sites are, and you would win a necessity defense,” she said. “These avenues of political necessity are now closing down for activists. It’s a lot more difficult to prevail in local courts with these kinds of arguments.”

    In court, DxE activists have had mixed results: Last December, Hsiung was convicted of two felonies and given a suspended sentence for removing a sick baby goat from a farm in North Carolina. In January, DxE activist Matt Johnson had all charges against him dismissed right before trial in an Iowa case pertaining to his investigation that found the pork company Iowa Select Farms was roasting animals to death as a cull method.

    In the trial that ended Saturday night, Wilcox barred activists from arguing a necessity defense, but they still raised related points in their successful arguments before the jury. “You call it ‘rescue,’ but really it’s taking, isn’t it?” Macanas posed.

    “No,” Hsiung said. “I’d compare it to a dog in a hot car. They are in need of urgent care.”


    This content originally appeared on The Intercept and was authored by Marina Bolotnikova.

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    "There’s Going to Be a Fight": Oath Keepers Trial Reveals Violent Plans to Keep Trump in Office https://www.radiofree.org/2022/10/05/theres-going-to-be-a-fight-oath-keepers-trial-reveals-violent-plans-to-keep-trump-in-office/ https://www.radiofree.org/2022/10/05/theres-going-to-be-a-fight-oath-keepers-trial-reveals-violent-plans-to-keep-trump-in-office/#respond Wed, 05 Oct 2022 14:26:14 +0000 http://www.radiofree.org/?guid=9c73c755ce4a4a29a9fd64bb27aa8556
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    https://www.radiofree.org/2022/10/05/theres-going-to-be-a-fight-oath-keepers-trial-reveals-violent-plans-to-keep-trump-in-office/feed/ 0 338886
    “There’s Going to Be a Fight”: Oath Keepers Trial Reveals Plan to Use Violence to Keep Trump in Office https://www.radiofree.org/2022/10/05/theres-going-to-be-a-fight-oath-keepers-trial-reveals-plan-to-use-violence-to-keep-trump-in-office/ https://www.radiofree.org/2022/10/05/theres-going-to-be-a-fight-oath-keepers-trial-reveals-plan-to-use-violence-to-keep-trump-in-office/#respond Wed, 05 Oct 2022 12:43:25 +0000 http://www.radiofree.org/?guid=6089f1edbcbb5d65604ac67ad5398fb5 Seg3 oathkeepers trial

    The Oath Keepers trial, in which senior leaders of the right-wing extremist group are accused of plotting violence at the January 6 insurrection, began Monday in federal court in Washington, D.C. Prosecutors played a secret audio recording Tuesday of a meeting held by the Oath Keepers after the 2020 election in which founder Stewart Rhodes discussed plans to bring weapons to the capital to help then-President Trump stay in office. We speak to Arie Perliger, author of “American Zealots,” who says the Trump administration lended extremist groups legitimacy and access to a more mainstream audience. “For them, that was a disastrous situation, losing this kind of access,” says Perliger.


    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    ‘He should never have been on trial’: CPJ on acquittal of Kyrgyzstan investigative reporter Bolot Temirov https://www.radiofree.org/2022/09/28/he-should-never-have-been-on-trial-cpj-on-acquittal-of-kyrgyzstan-investigative-reporter-bolot-temirov/ https://www.radiofree.org/2022/09/28/he-should-never-have-been-on-trial-cpj-on-acquittal-of-kyrgyzstan-investigative-reporter-bolot-temirov/#respond Wed, 28 Sep 2022 20:03:01 +0000 https://cpj.org/?p=232139 New York, September 28, 2022 – In response to news reports that a court in Kyrgyzstan on Wednesday acquitted investigative reporter Bolot Temirov on charges of drug possession and illegally crossing the state border, the Committee to Protect Journalists issued the following statement:

    “We are relieved by today’s acquittal of Bolot Temirov, but he should never have been on trial in the first place,” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator, in New York.  “Kyrgyz authorities must stop harassing his outlet Temirov Live and conduct a transparent inquiry into allegations that police planted drugs on him as part of an effort to silence his uncompromising reporting on official corruption.”

    The Sverdlovsk District Court in the capital Bishkek found Temirov not guilty and ruled that the investigation into alleged drug possession had not been conducted impartially, those reports stated. The court found Temirov – who has both Kyrgyz and Russian citizenship – guilty of using forged documents to obtain a Kyrgyz passport but did not apply a punishment as the statute of limitations had expired.

    Temirov plans to appeal the conviction for the use of forged documents, his lawyer Zamir Jooshev told CPJ by phone, saying that authorities had forged documents to prosecute the case.

    Police detained Temirov in a raid on the offices of YouTube-based investigative outlet Temirov Live in January; Temirov said officers planted drugs on him during the raid.

    The raid came two days after Temirov Live published a video investigation into alleged corruption by family members of Kamchybek Tashiev, the head of Kyrgyzstan’s State Committee for National Security (SCNS). Temirov has repeatedly stated he believes the charges against him are retaliation for that and other reporting on Tashiev.

    Subsequent investigations by Temirov Live and the global investigative network Organized Crime and Corruption Reporting Project, partnering with local outlet Kloop, presented numerous indications that authorities fabricated the cases against him and had long been surveilling and harassing Temirov Live staff.

    CPJ emailed the Interior Ministry, the prosecutor general’s office, the SCNS, and Tashiev but did not receive any replies. Tashiev denied that Temirov’s investigations are connected to the journalist’s prosecution and stated that SCNS did not play a significant role in the authorities’ investigations into the journalist, according to reports.


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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    https://www.radiofree.org/2022/09/28/he-should-never-have-been-on-trial-cpj-on-acquittal-of-kyrgyzstan-investigative-reporter-bolot-temirov/feed/ 0 336999
    Hong Kong court adjourns trial of Cardinal Zen, co-defendants on the second day https://www.rfa.org/english/news/china/hongkong-trial-09272022101001.html https://www.rfa.org/english/news/china/hongkong-trial-09272022101001.html#respond Tue, 27 Sep 2022 16:32:29 +0000 https://www.rfa.org/english/news/china/hongkong-trial-09272022101001.html A court in Hong Kong has adjourned the trial of outspoken Catholic activist Cardinal Joseph Zen and four co-defendants until Oct. 26.

    Retired Catholic bishop and Cardinal Joseph Zen and five co-defendants pleaded not guilty at the West Kowloon Magistrates Court to failing to properly register their 612 Humanitarian Relief Fund, which offered financial, legal and psychological help to people arrested during the 2019 protest movement.

    The West Kowloon Magistrate's Court adjourned the trial after defense attorneys for Zen and his co-defendants, former pro-democracy lawmaker and barrister Margaret Ng, scholar Hui Po-keung, jailed former lawmaker Cyd Ho, Cantopop star Denise Ho and former fund secretary Sze Shing-wee, tried to counter police witnesses called by the prosecution.

    The prosecution was allowed to fully make its case that the defendants should have registered the fund within one month of starting operation, but when the defense came to cross-examine them, their questions were overruled as irrelevant.

    The trial was adjourned before the defense could call witnesses or make its case, after judge Ada Yim ruled that their testimony was already well-established. It had been scheduled to run for five days.

    Zen and the other defendants were arrested in May under a draconian national security law for "colluding with foreign forces," but have yet to be indicted on that charge.

    Vatican silent

    On the first day of the trial on Monday, the prosecution said the 612 Humanitarian Relief Fund had raised a total of U.S.$34.4 million and used part of the fund for “political activities and non-charity events” such as donations to protest groups.

    The defense argued that the defendants had a right to form an association under the city's mini-constitution, the Basic Law.

    The Vatican has remained mostly silent on Zen’s trial apart from issuing a statement after the cardinal’s arrest in May expressing "concern" and that it was "following the development of the situation with extreme attention," the Catholic News Agency reported.

    The cardinal’s trial comes as the Holy See and Beijing are determining the terms of the renewal of an agreement on the appointment of bishops in China, it said.

    Vatican Secretary of State Cardinal Pietro Parolin said in an Italian television interview on Sept. 2 that a delegation of Vatican diplomats has returned from China and that he believes that the agreement will be renewed by the end of the year, it said.

    Zen has been an outspoken critic of the 2018 deal, calling it "an incredible betrayal."

    'Man of God'

    Pope Francis said on Sept. 15 that the Vatican has "chosen the path of dialogue" with China.

    However, Cardinal Fernando Filoni, an expert in Chinese affairs, said in a recent article in the bishops' newspaper Avvenire that Zen “is a man of God; at times intemperate, but submissive to the love of Christ.”

    "He is an authentic Chinese. No one among those I have known, can, I say, be truly as loyal as he is," Filoni wrote.

    Zen traveled to Rome last year, in a bid to discuss who will be the next Bishop of Hong Kong, but was denied an audience with the Pope, and returned home empty-handed, he told the National Catholic Register at the time.

    As well as criticizing the Vatican's deal with Beijing, Zen has said he fears that appointing a bishop for Hong Kong who is totally obedient to the CCP would effectively collapse any distinction between the Catholic church in mainland China and that in Hong Kong.

    He said such a collapse had been made likely by the imposition by Beijing of the national security law on Hong Kong with effect from July 1, 2020, and that the Vatican had "taken leave" of the church's principles in signing the deal.

    "Everyone in the Chinese Catholic church is now a yes-man for the Chinese government and the underground church has been eliminated," Zen, who has said he will refuse to be interred alongside CCP-appointed clergy in a Hong Kong cathedral, told RFA in October 2021.

    Translated and edited by Luisetta Mudie.


    This content originally appeared on Radio Free Asia and was authored by By Lee Yuk Yue and Hoi Man Wu for RFA Cantonese.

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    US rights group grades Cambodian American activist’s trial as an ‘F’ https://www.rfa.org/english/news/cambodia/theary_seng-09192022181806.html https://www.rfa.org/english/news/cambodia/theary_seng-09192022181806.html#respond Mon, 19 Sep 2022 22:20:30 +0000 https://www.rfa.org/english/news/cambodia/theary_seng-09192022181806.html Supporters of jailed Cambodian American and human rights advocate Theary Seng called on Cambodia’s government to grant her release, days after a New York-based rights group called her June 14 trial “a travesty of justice.”

    Theary Seng was sentenced to six years in prison along with 50 other activists for their association with the banned Cambodia National Rescue Party, once the main opposition in the country before the Supreme Court dissolved it in 2017.

    The Clooney Foundation for Justice, which was founded by actor George Clooney and his wife and human rights attorney Amal Clooney, gave the trial a grade of F because it ignored Cambodia’s obligations under the International Covenant on Civil and Political Rights (ICCPR), which it signed in 1980 and ratified in 1992.

    The foundation urged the appellate court to overturn Theary Seng’s conviction and order her release.  

    “This case was all but predetermined,” said Andrew Khoo, co-chair of the Malaysian Bar Council’s Constitutional Law Committee, who reviewed the case for the foundation.

    “Theary Seng was convicted not because of what she did, but because she supported democratic change in Cambodia.  Her continued incarceration constitutes arbitrary detention under the ICCPR, which prohibits imprisoning someone for exercising their right to freedom of expression.”

    Theary Seng, who is known for donning elaborate costumes in her public protests, appeared in front of the courthouse on the day the trial ended dressed as the Statue of Liberty, awaiting the verdict. After the court found her and the others guilty, she was quickly taken into custody and sent to prison.

    Other activists are also pushing for her release. Sat Pha, who once stood shoulder to shoulder with Theary Seng at protests before she fled to Thailand for fear of political persecution, told RFA’s Khmer Service Sunday that she and other exiles planned to wear t-shirts demanding her fellow activist be freed this weekend in Bangkok on the occasion of Pchum Ben, the Cambodian festival for remembering ancestors.

    “Even though I am in another country right now. I strongly demand that the government release Theary Seng from prison without condition,” Sat Pha said.

    Others inside Cambodia marched and sent petitions to foreign embassies from democratic countries, said Prum Chantha, a protester from the Friday Women Group, which held weekly protests at the court during the trial in support of their husbands, who were eventually convicted alongside Theary Seng.

    “I appeal to the government to release Theary Seng and our husbands because they haven’t committed any wrongdoing. [They should] and drop all the charges,” Prum Chantha said.

    Sokun Tola, a member of the Khmer Thavarak youth organization, told RFA that she believes Theary Seng is a good role model for the younger generation thanks to her advocacy work to end injustice and bring about freedom for the Cambodian people.

    “I think the government should consider releasing Seng Theary [and the rest] during the Pchum Ben festival so that they can join the festival,” Sokun Tola said.   

    Theary Seng has been treated according to the law, government spokesperson Phai Siphan told RFA Monday. 

    “The government authorities have no jurisdiction over the court nor can we interfere or order the court to end this case. We have no authority over the court,” he said.

    The government frequently makes that excuse, however, Am Sam Ath of the  Cambodian League for the Promotion and Defense of Human Rights told RFA.

    “They always say that the arrest and imprisonment of political activists is done according to the law,” he said. “But, human rights experts, the U.N. Council for Human Rights and democratic countries see that the arrests and imprisonments of former political activists and Seng Theary are politically motivated, rather than a proper application of the law.” 

    Translated by Sok Ry Sum. Written in English by Eugene Whong.


    This content originally appeared on Radio Free Asia and was authored by By RFA Khmer.

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    Music journalist subpoenaed in criminal trial of singer R. Kelly https://www.radiofree.org/2022/09/16/music-journalist-subpoenaed-in-criminal-trial-of-singer-r-kelly/ https://www.radiofree.org/2022/09/16/music-journalist-subpoenaed-in-criminal-trial-of-singer-r-kelly/#respond Fri, 16 Sep 2022 18:03:53 +0000 https://pressfreedomtracker.us/all-incidents/music-journalist-subpoenaed-in-criminal-trial-of-singer-r-kelly/

    Journalist Jim DeRogatis was issued a subpoena for testimony in the federal trial of R&B singer Robert “R.” Kelly in Chicago, Illinois, on Aug. 3, 2022. The judge quashed the subpoena on Sept. 7.

    DeRogatis — a reporter, music critic, author and an associate professor at Columbia College Chicago — has reported extensively on Kelly for The Chicago Sun-Times and The New Yorker, and in 2019 he authored the book “Soulless: The Case Against R. Kelly.”

    DeRogatis told the U.S. Press Freedom Tracker that an individual delivered an unmarked videocassette with footage of Kelly and a 14-year-old girl to his home in February 2002. DeRogatis said that within four hours of receiving the footage, he and the editorial staff at the Sun-Times turned it over to police and it was subsequently used as evidence in Kelly’s state criminal trial in 2008.

    The judge in the case compelled DeRogatis to testify during that first trial, but upon advice from counsel DeRogatis refused to answer any questions, reading instead a statement citing his Fifth and First Amendment rights.

    DeRogatis told the Tracker that following the first trial, he was aware that he might again be called to testify in the federal case. In 2022, attorneys for Derrel McDavid — Kelly’s former business manager and co-defendant in the case — issued DeRogatis the subpoena, ordering him to appear to provide trial testimony on Sept. 6.

    In court filings reviewed by the Tracker, McDavid’s attorney’s cited interest in April 2019 emails between DeRogatis and Assistant U.S. Attorney Angel Krull, the former lead prosecutor on the case.

    DeRogatis told the Tracker he was on assignment for The New Yorker when he contacted Krull about the two federal investigations and in the course of the conversation had offered to send her a copy of his then-forthcoming book. Krull then emailed him from a non-governmental email address and he sent along a PDF of his book. DeRogatis said he never heard back from her and has not communicated with Krull since.

    DeRogatis and The New Yorker jointly filed an emergency motion to quash the subpoena or issue a protective order on Sept. 6. The motion argued that all of the information or knowledge that DeRogatis may have that would be pertinent to the case had been published in his reporting.

    During a hearing on Sept. 7, attorneys for McDavid told District Court Judge Harry Leinenweber that they wanted to show DeRogatis the cassette and ask him to confirm whether it was the same one he had received in 2002, according to DeRogatis. The prosecutors, who had not previously expressed an interest in questioning DeRogatis, told the judge they also hoped to ask the journalist to confirm the timeline of his reporting while at the Sun-Times.

    Seth Stern, the attorney representing DeRogatis at the hearing, confirmed to the Tracker that Leinenweber granted the motion to quash the subpoena that day. Stern said that the judge agreed that the testimony they were seeking was “cumulative, redundant, unnecessary.”

    “I would have sat on the stand and read my whole book if they had 10 or 15 hours,” DeRogatis said. “In 22 years of reporting on this case, I have not had a single correction, clarification, retraction or lawsuit. My reporting stands. I’m proud of that work.”

    Stern said that while he was gratified with the outcome in this case, the subpoena itself can set a precedent that may chill future reporting.

    “Absent a federal shield law, there’s really no certainty that a reporter getting a subpoena like this can have regarding whether they’ll need to testify or not,” Stern said. “Fortunately, in this case the judge made the right call, but you never know what’s going to happen in the next one.”

    Kelly was convicted on three counts of child pornography and three counts of enticement of a minor to engage in criminal sexual acts on Sept. 14, CNN reported. He was sentenced to 30 years in prison in June on racketeering charges in a second federal trial in New York. McDavid and Kelly’s second co-defendant, Milton Brown, were acquitted of all charges.


    This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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    https://www.radiofree.org/2022/09/16/music-journalist-subpoenaed-in-criminal-trial-of-singer-r-kelly/feed/ 0 333933
    Vietnamese blogger sentenced to five years after trial without defense lawyer https://www.rfa.org/english/news/vietnam/vietnamese-blogger-jailed-09082022001539.html https://www.rfa.org/english/news/vietnam/vietnamese-blogger-jailed-09082022001539.html#respond Thu, 08 Sep 2022 04:20:00 +0000 https://www.rfa.org/english/news/vietnam/vietnamese-blogger-jailed-09082022001539.html The family of a Vietnamese political dissident say it took a week for them to find out the outcome of his trial, which took place without a defense lawyer.

    Le Anh Hung was sentenced to five years in prison on August 30 after spending more than four years in a mental hospital and on remand.

    The blogger was tried on the charge of "abusing democratic freedoms to infringe upon the interests of the State, organizations and individuals,” under Article 331 of the Criminal Code.

    “Recently, I called the police officer investigating my son’s case to ask about it. He said my son was tried on August 30. I asked how many years [the sentence was]. He said five years,” Hung’s mother Tran Thi Niem told RFA.

    The Hanoi police investigator also told Niem that, after subtracting more than four years in a detention center and a psychiatric hospital, "he will probably be released next year."

    RFA called the mobile number of the Hanoi City Police investigator who handled the case, but no one answered.

    Our reporter also tried to call the Hanoi People's Court using the phone number listed on the agency's website but the line was always busy.

    The state-controlled press has made no mention of the trial.

    Lawyer Nguyen Van Mieng, from the Ho Chi Minh City Bar Association, signed a contract to provide legal assistance to Hung, but Hung later waived his right to a lawyer after his family had a “financial disagreement” with Mieng.

    "Hung had a document allowing him to refuse a lawyer after he got out of the mental hospital,” Mieng said. “I had only met him once so the security investigators told me not to continue."

    Mieng was not informed about the trial since he was no longer the dissident's defense attorney.

    Hung, born in 1973, was a blogger for Voice of America, specializing in writing about politics in Vietnam.

    He is a member of two civic organizations that are not recognized by the Vietnamese government: The Independent Journalists Association of Vietnam and the Brotherhood for Democracy. The two organizations have been suppressed in the past few years and dozens of members have been sent to prison with lengthy sentences.

    Hung was arrested on July 5, 2018 after sending hundreds of petitions to a variety of central agencies accusing then-Deputy Prime Minister Hoang Trung Hai of smuggling and spying for China.

    In April 2019, the investigating agency sent Hung to the Central Institute of Forensic Psychiatry forcing him to be treated for an alleged mental illness. During that time his family say he was drugged and abused.

    In May this year, after more than three years of forced psychiatric treatment, the police agency brought Hung back to Detention Center No. 1 under the authority of the Hanoi Police Department to await his trial

    Immediately after news of his arrest, Amnesty International issued a statement condemning the move and saying the Vietnamese government was using harsh laws to silence peaceful critics. 

    Since the beginning of the year, Vietnam has sentenced at least 21 bloggers and activists. Ten of them were convicted of "abusing democratic freedoms" with sentences ranging from one to five years in prison.


    This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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    https://www.rfa.org/english/news/vietnam/vietnamese-blogger-jailed-09082022001539.html/feed/ 0 330859
    Vietnamese blogger sentenced to five years after trial without defense lawyer https://www.rfa.org/english/news/vietnam/vietnamese-blogger-jailed-09082022001539.html https://www.rfa.org/english/news/vietnam/vietnamese-blogger-jailed-09082022001539.html#respond Thu, 08 Sep 2022 04:20:00 +0000 https://www.rfa.org/english/news/vietnam/vietnamese-blogger-jailed-09082022001539.html The family of a Vietnamese political dissident say it took a week for them to find out the outcome of his trial, which took place without a defense lawyer.

    Le Anh Hung was sentenced to five years in prison on August 30 after spending more than four years in a mental hospital and on remand.

    The blogger was tried on the charge of "abusing democratic freedoms to infringe upon the interests of the State, organizations and individuals,” under Article 331 of the Criminal Code.

    “Recently, I called the police officer investigating my son’s case to ask about it. He said my son was tried on August 30. I asked how many years [the sentence was]. He said five years,” Hung’s mother Tran Thi Niem told RFA.

    The Hanoi police investigator also told Niem that, after subtracting more than four years in a detention center and a psychiatric hospital, "he will probably be released next year."

    RFA called the mobile number of the Hanoi City Police investigator who handled the case, but no one answered.

    Our reporter also tried to call the Hanoi People's Court using the phone number listed on the agency's website but the line was always busy.

    The state-controlled press has made no mention of the trial.

    Lawyer Nguyen Van Mieng, from the Ho Chi Minh City Bar Association, signed a contract to provide legal assistance to Hung, but Hung later waived his right to a lawyer after his family had a “financial disagreement” with Mieng.

    "Hung had a document allowing him to refuse a lawyer after he got out of the mental hospital,” Mieng said. “I had only met him once so the security investigators told me not to continue."

    Mieng was not informed about the trial since he was no longer the dissident's defense attorney.

    Hung, born in 1973, was a blogger for Voice of America, specializing in writing about politics in Vietnam.

    He is a member of two civic organizations that are not recognized by the Vietnamese government: The Independent Journalists Association of Vietnam and the Brotherhood for Democracy. The two organizations have been suppressed in the past few years and dozens of members have been sent to prison with lengthy sentences.

    Hung was arrested on July 5, 2018 after sending hundreds of petitions to a variety of central agencies accusing then-Deputy Prime Minister Hoang Trung Hai of smuggling and spying for China.

    In April 2019, the investigating agency sent Hung to the Central Institute of Forensic Psychiatry forcing him to be treated for an alleged mental illness. During that time his family say he was drugged and abused.

    In May this year, after more than three years of forced psychiatric treatment, the police agency brought Hung back to Detention Center No. 1 under the authority of the Hanoi Police Department to await his trial

    Immediately after news of his arrest, Amnesty International issued a statement condemning the move and saying the Vietnamese government was using harsh laws to silence peaceful critics. 

    Since the beginning of the year, Vietnam has sentenced at least 21 bloggers and activists. Ten of them were convicted of "abusing democratic freedoms" with sentences ranging from one to five years in prison.


    This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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    https://www.rfa.org/english/news/vietnam/vietnamese-blogger-jailed-09082022001539.html/feed/ 0 330860
    Chow Hang-tung says she has no case to answer ahead of trial on ‘incitement’ charge https://www.rfa.org/english/news/china/chow-hang-tung-09022022105627.html https://www.rfa.org/english/news/china/chow-hang-tung-09022022105627.html#respond Fri, 02 Sep 2022 15:23:18 +0000 https://www.rfa.org/english/news/china/chow-hang-tung-09022022105627.html Hong Kong barrister and rights activist Chow Hang-tung has said "pleading guilty" to national security charges against her would be "impossible," in a court hearing ahead of her trial for "incitement to subvert power."

    The charges were brought against Chow and several fellow organizers of now-banned candlelight vigils commemorating the victims of the 1989 Tiananmen massacre in Victoria Park.

    "There is no way I will be pleading guilty," Chow told the court. "The pursuit of democracy isn't a crime, so I won't be pleading guilty."

    Chow's hearing came amid an ongoing, city-wide crackdown on public criticism of the Hong Kong authorities and the ruling Chinese Communist Party (CCP) in the wake of a draconian national security law imposed on Hong Kong from July 1, 2020.

    Chow and her defense attorney played out a number of video clips submitted by the prosecution as evidence for its claim that she and the Hong Kong Alliance in Support of Patriotic Democratic Movements of China were using the vigils to incite the overthrow of the Chinese government.

    They included someone reading out a list of all of those who died when the People's Liberation Army (PLA) suppressed weeks of peaceful, student-led protests on Tiananmen Square with machine guns and tanks on the night of June 3, 1989. and in the days that followed.

    National security prosecutor Ivan Cheung tried to have the list of victims' names stopped, arguing that the clip was "inappropriate," only to be asked how it could be inappropriate if it formed part of the evidence being submitted by the prosecution, according to an account of the hearing posted by Chow's supporters on Facebook.

    In total, the prosecution submitted 58 statements from 39 witnesses, 136 pieces of documentary exhibits and a number of video clips. It was unclear whether the clips deemed "inappropriate" would continue to be used as evidence.

    Defense attorney Eric Shum said the prosecution had been given due warning that the defense would play the clips in court.

    "We don't need lessons from you about this," Shum said.

    "History of June 4 crackdown in 1989 and over 3 decades of commemorations in Hong Kong comes back in vivid images in open court as Chow Hang-tung replays video footage submitted by the prosecution as evidence against the Alliance's alleged ‘incitement to subversion’ offense," Agence France-Presse correspondent Xinqi Su tweeted from West Kowloon Magistrate's Court.

    Chow said the Alliance was in favor of limiting the absolute power of the CCP, but denied it wanted to bring down the government, arguing that the two aren't the same thing, and that the charge of subversion doesn't hold water.

    "To end one-party dictatorship is to limit the absolute power of a political party so it cannot do as it pleases and it must bear consequences for the crimes it committed," Su quoted Chow as saying.

    Chow and her defense team are arguing that there is no case to be brought to trial.

    Chow's stand in court came as former talk show host Wan Yiu-sing, known by his nickname Giggs, pleaded guilty to one charge of "seditious intent," over comments he made during online radio shows he hosted from August to October 2020, and three charges of "money-laundering."

    Seditious intent under the colonial-era Crimes Ordinance is defined as "intent to arouse hatred or contempt of the Hong Kong [government] or to incite rebellion, and cause dissatisfaction with it."

    The sedition charges under the 68-year-old Crimes Ordinance carry a maximum prison term of two years. They were revived by the administration of chief executive Carrie Lam during the 2019 protest movement and have been used to arrest Cheng Lai-king, the chairwoman of Central and Western District Council, and democracy activist Tam Tak-chi.

    Wan waved to fans and family calling out messages of support in court on Thursday.

    The sedition charges against Wan were based on his hosting, producing and uploading of online programs between February and November 2020 in which he is alleged to have provoked rebellion or incited hatred and contempt of the authorities.

    The money-laundering charges were linked to his crowd-funding related transactions.

    The charges were brought under Article 21 of the National Security Law for Hong Kong, and are believed to be linked to a series of shows he did on an educational aid program run by the democratic island of Taiwan, which has never been ruled by the CCP, and which has rejected Beijing's claims on its territory.

    The charges carry a maximum jail term of five years in minor cases and up to 10 years in cases deemed "serious" by a government-appointed judge.

    According to Hong Kong's English-language South China Morning Post, Wan had called on people to donate via Patreon to fund both his shows and the Taiwan aid program, leading to the accusation that he was "collaborating with a Taiwanese pro-independence group."

    Translated and edited by Luisetta Mudie.


    This content originally appeared on Radio Free Asia and was authored by By Yu Fat for RFA Cantonese.

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    https://www.rfa.org/english/news/china/chow-hang-tung-09022022105627.html/feed/ 0 329056
    Seven West Papuans jailed for raising banned Morning Star flag https://www.radiofree.org/2022/09/02/seven-west-papuans-jailed-for-raising-banned-morning-star-flag/ https://www.radiofree.org/2022/09/02/seven-west-papuans-jailed-for-raising-banned-morning-star-flag/#respond Fri, 02 Sep 2022 04:27:36 +0000 https://asiapacificreport.nz/?p=78713 RNZ Pacific

    Seven people have been found guilty of “treason” after raising the banned Morning Star flag in West Papua, a Melanesian region of Indonesia.

    In the Jayapura District Court this week, the seven were each jailed for 10 months and fined.

    The flag is considered a symbol of the West Papua struggle for independence and has been strictly barred by the Indonesian authorities.

    The group, one aged 19 and the others in their 20s, had raised the flag at the Cenderawasih Sports Centre, and although they were not carrying weapons they were convicted of treason.

    The Jubi website reported the judge said raising the Morning Star flag and marching while shouting “Free Papua” and “We are not Red and White, we are the Morning Star“, amounted to treason.

    And the act of unfurling banners with the words “Self Determination For West Papua, Stop West Papua Militarism” and “Indonesia Immediately Open Access for the UN Human Rights Commission Investigation Team to West Papua” was also considered treason.

    ‘Intention of separating’
    The verdict read “the defendants already have the intention of separating Papua and West Papua from the territory of Indonesia. The defendants have committed the beginning of treason as stipulated in Article 87 of the Criminal Code”.

    After the trial, the defendant’s lawyer Emanuel Gobay told Jubi “we firmly reject” the court’s verdict of treason.

    During the trial Gobay said no expert witnesses had been presented to explain their perspectives on the charges.

    According to Gobay, the conclusions drawn by the panel of judges seemed subjective because there was no information from expert witnesses.

    “We question the basis on which the panel of judges concluded the treason. It is as if the panel of judges acted as experts, interpreting and concluding themselves without relying on expert testimony,” Gobay said.

    This article is republished under a community partnership agreement with RNZ.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    https://www.radiofree.org/2022/09/02/seven-west-papuans-jailed-for-raising-banned-morning-star-flag/feed/ 0 328776
    Estonian Foreign Minister Calls For Nuremberg-Style War Crimes Trial For Putin, New Sanctions https://www.radiofree.org/2022/08/30/estonian-foreign-minister-calls-for-nuremberg-style-war-crimes-trial-for-putin-new-sanctions/ https://www.radiofree.org/2022/08/30/estonian-foreign-minister-calls-for-nuremberg-style-war-crimes-trial-for-putin-new-sanctions/#respond Tue, 30 Aug 2022 20:11:18 +0000 http://www.radiofree.org/?guid=1e98186155c51429d372c0b50503b796
    This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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    https://www.radiofree.org/2022/08/30/estonian-foreign-minister-calls-for-nuremberg-style-war-crimes-trial-for-putin-new-sanctions/feed/ 0 327774
    Assange case raises concerns over media freedom, says UN rights chief https://www.radiofree.org/2022/08/28/assange-case-raises-concerns-over-media-freedom-says-un-rights-chief/ https://www.radiofree.org/2022/08/28/assange-case-raises-concerns-over-media-freedom-says-un-rights-chief/#respond Sun, 28 Aug 2022 10:37:52 +0000 https://asiapacificreport.nz/?p=78504 Pacific Media Watch newsdesk

    The potential extradition and prosecution of Australian whistleblower Julian Assange raises concerns for media freedom and could have a “chilling effect” on investigative journalism, says UN rights chief Michelle Bachelet.

    Assange, who has been held in a high-security London prison since 2019, has filed an appeal against his extradition from Britain to the United States.

    The WikiLeaks founder is wanted to face trial for allegedly violating the US Espionage Act by publishing classified US military and diplomatic files in 2010 related to the wars in Afghanistan and Iraq.

    The 51-year-old could face decades in jail if found guilty, reports Agence France-Presse. But supporters portray him as a martyr to press freedom after he was taken into British custody following nearly seven years inside Ecuador’s Embassy in London.

    “I am aware of health issues which Mr Assange has suffered during his time in detention, and remain concerned for his physical and mental well-being,” Bachelet said in a statement at the weekend after meeting with the WikiLeaks founder’s wife and lawyers on Thursday.

    “The potential extradition and prosecution of Mr Assange raise concerns relating to media freedom and a possible chilling effect on investigative journalism and on the activities of whistleblowers.

    “In these circumstances, I would like to emphasise the importance of ensuring respect of Mr Assange’s human rights, in particular the right to a fair trial and due process guarantees in this case.

    “My office will continue to closely follow Mr Assange’s case.”

    Term ending
    Bachelet’s term as the United Nations High Commissioner for Human Rights finishes on Wednesday, after four years in the post. The former Chilean president’s successor has not yet been appointed.

    The US-based Assange Defence Committee coalition fighting to free the former computer hacker said the legal battle over his extradition was heating up on multiple fronts.

    “Assange’s attorneys stressed the legal and human rights implications of the case, while Stella Assange updated Bachelet on the impact years of confinement have had on Julian’s health and family,” the statement said.

    The Assange case has become a cause celebre for media freedom and his supporters accuse Washington of trying to muzzle reporting of legitimate security concerns.


    This content originally appeared on Asia Pacific Report and was authored by Pacific Media Watch.

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    https://www.radiofree.org/2022/08/28/assange-case-raises-concerns-over-media-freedom-says-un-rights-chief/feed/ 0 327173
    Assange case raises concerns over media freedom, says UN rights chief https://www.radiofree.org/2022/08/28/assange-case-raises-concerns-over-media-freedom-says-un-rights-chief-2/ https://www.radiofree.org/2022/08/28/assange-case-raises-concerns-over-media-freedom-says-un-rights-chief-2/#respond Sun, 28 Aug 2022 10:37:52 +0000 https://asiapacificreport.nz/?p=78504 Pacific Media Watch newsdesk

    The potential extradition and prosecution of Australian whistleblower Julian Assange raises concerns for media freedom and could have a “chilling effect” on investigative journalism, says UN rights chief Michelle Bachelet.

    Assange, who has been held in a high-security London prison since 2019, has filed an appeal against his extradition from Britain to the United States.

    The WikiLeaks founder is wanted to face trial for allegedly violating the US Espionage Act by publishing classified US military and diplomatic files in 2010 related to the wars in Afghanistan and Iraq.

    The 51-year-old could face decades in jail if found guilty, reports Agence France-Presse. But supporters portray him as a martyr to press freedom after he was taken into British custody following nearly seven years inside Ecuador’s Embassy in London.

    “I am aware of health issues which Mr Assange has suffered during his time in detention, and remain concerned for his physical and mental well-being,” Bachelet said in a statement at the weekend after meeting with the WikiLeaks founder’s wife and lawyers on Thursday.

    “The potential extradition and prosecution of Mr Assange raise concerns relating to media freedom and a possible chilling effect on investigative journalism and on the activities of whistleblowers.

    “In these circumstances, I would like to emphasise the importance of ensuring respect of Mr Assange’s human rights, in particular the right to a fair trial and due process guarantees in this case.

    “My office will continue to closely follow Mr Assange’s case.”

    Term ending
    Bachelet’s term as the United Nations High Commissioner for Human Rights finishes on Wednesday, after four years in the post. The former Chilean president’s successor has not yet been appointed.

    The US-based Assange Defence Committee coalition fighting to free the former computer hacker said the legal battle over his extradition was heating up on multiple fronts.

    “Assange’s attorneys stressed the legal and human rights implications of the case, while Stella Assange updated Bachelet on the impact years of confinement have had on Julian’s health and family,” the statement said.

    The Assange case has become a cause celebre for media freedom and his supporters accuse Washington of trying to muzzle reporting of legitimate security concerns.


    This content originally appeared on Asia Pacific Report and was authored by Pacific Media Watch.

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    https://www.radiofree.org/2022/08/28/assange-case-raises-concerns-over-media-freedom-says-un-rights-chief-2/feed/ 0 327174
    The 1978 Abortion Trial That Foreshadowed Our Present-Day Dystopia https://www.radiofree.org/2022/08/19/the-1978-abortion-trial-that-foreshadowed-our-present-day-dystopia/ https://www.radiofree.org/2022/08/19/the-1978-abortion-trial-that-foreshadowed-our-present-day-dystopia/#respond Fri, 19 Aug 2022 14:00:00 +0000 https://progressive.org/latest/1978-abortion-trial-foreshadowed-present-day-vanWormer-081922/
    This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Katherine van Wormer.

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    https://www.radiofree.org/2022/08/19/the-1978-abortion-trial-that-foreshadowed-our-present-day-dystopia/feed/ 0 324916
    ‘What Alex Jones Has Peddled Is Now Nearly Indistinguishable from Right-Wing Talking Points’ – CounterSpin interview with Angelo Carusone on Alex Jones trial https://www.radiofree.org/2022/08/18/what-alex-jones-has-peddled-is-now-nearly-indistinguishable-from-right-wing-talking-points-counterspin-interview-with-angelo-carusone-on-alex-jones-trial/ https://www.radiofree.org/2022/08/18/what-alex-jones-has-peddled-is-now-nearly-indistinguishable-from-right-wing-talking-points-counterspin-interview-with-angelo-carusone-on-alex-jones-trial/#respond Thu, 18 Aug 2022 19:57:40 +0000 https://fair.org/?p=9029928 "The content that Alex Jones says on a fairly daily basis is essentially mirrored and reflected through establishment Republicans."

    The post ‘What Alex Jones Has Peddled Is Now Nearly Indistinguishable from Right-Wing Talking Points’ appeared first on FAIR.

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    Janine Jackson interviewed Media Matters’ Angelo Carusone about the Alex Jones trial for the August 12, 2022, episode of CounterSpin. This is a lightly edited transcript.

     

          CounterSpin220812Carusone.mp3

     

    MSN: Alex Jones isn't sorry and won't change

    MSN (8/9/22)

    Janine Jackson: A Texas jury levied $45 million in punitive and $4 million in compensatory damages against Alex Jones, on behalf of the parents of Jesse Lewis, a six-year-old, one of the 26 people whom Jones insisted to his followers—not once but over and over again—were not shot to death at Sandy Hook Elementary School in 2012, because they never existed, their mourning families really paid scammers faking grief in a ploy to take away gun rights.

    Responses to the verdict included both reporting calling it a “punishing salvo in a fledgling war on harmful misinformation” and headlines declaring “Alex Jones Isn’t Sorry and Won’t Change”—a reflection of the fact that the Alex Jones phenomenon involves more than the particular piece of work that is Jones, but also the array of people who platform and profit from his actions.

    Angelo Carusone has been tracking right-wing media machinery for some time. He is president of Media Matters, and he joins us now by phone. Welcome to CounterSpin, Angelo Carusone.

    Angelo Carusone: Thank you.

    JJ: Before this trial, as he tried to forestall it, Jones at one point called for one of the Sandy Hook family’s lawyers, called for the lawyer’s head “on a pike.” And then, after the verdict, he was back on his show, saying that it was all an attack on him by “globalists.” Alex Jones learning anything was probably never on the table, but did we? Did you learn anything new about Jones or his operations from this trial?

    AC: I think we knew that he was making a lot of money. What we didn’t know until the trial—this is I think what’s really significant about it—is that he’s making not just a lot of money, but he’s doing some really shady things with it.

    So, for example, the estimates from their forensic analysis was that he had somewhere between $250 to $300 million in assets. Now, Jones would declare he’s bankrupt. But when you start to unpackage that a little bit, what you’ll find out is that there’s a company which owns a lot of debt to Alex Jones called PQPR; he’s the primary owner of it. And starting right when the buzzards started circling around Jones a couple years ago, he began moving tens of millions of dollars, sometimes payments of $50 million, $60 million, to this company that now owed Alex Jones a debt itself.

    So it’s pretty interesting, I think, just the financial part of this is interesting. I think, if I were to sum it up, I would say the one thing we learned is the scale of the revenue that he’s made in this period of time, and then also, essentially, it confirmed that it really is much more of an infomercial at this point than it is a traditional-type programming.

    JJ: And you’d think when journalists are looking at it, “follow the money” is kind of a prime directive, right? And here, that would be very interesting. And then even the business plan, if you will—stoke anxiety and then sell survival gear at 100% markup—that’s not really a new plan, as it were.

    AC: No, it’s not. The part that is interesting is that he’s managed to convince and capture the attention of some very significant conservative donors. And that means that he has access to donations. In addition to people buying his products, he solicits donations multiple times a day. A lot of times a day.

    But he’s gotten pretty hefty Bitcoin donations from anonymous sources, upwards in the realm of $8 million. He got a big $8 million donation in May, a single one, but he’s had other big ones of that scale over the last couple of years.

    And one of the donations that always jumps out to me is in the lead up to January 6; this was in November, he was trying to secure a permit for a demonstration in DC. This is before it was even organized, and somebody gave him a half-a-million dollar donation, anonymously, so that he could file for one of the original permits that later ended up getting transferred over for that big January 6 event.

    So that part I think is novel and unexplored, just how much people that are in this orbit are willing to give to him from a donations perspective. And once you get a few of those deep pockets, that gives you a lot of operational capacity.

    JJ: And my general sense is that you think it’s a mistake to focus overwhelmingly on sifting out what’s special and specific about Alex Jones, at the expense of seeing why and how his playbook, if you will, has been normalized both in the Republican Party and through right-wing media. This is a story where the bigger picture really is the story.

    Angelo Carusone

    Angelo Carusone: “The content that Alex Jones says on a fairly daily basis is essentially mirrored and reflected through establishment Republicans.” (image: C-SPAN)

    AC: Yeah, I think that’s right, actually. If we were to have this conversation 10 years ago, I would say that Alex Jones is sort of an island unto himself. And occasionally Glenn Beck would steal some of his stuff and sort of launder it and sanitize it a little bit, and do it on his Fox News show back then. But he was really sort of on an island unto himself.

    And one of the things that’s different between then and now is that the content that Alex Jones says on a fairly daily basis is essentially mirrored and reflected through establishment Republicans and the traditional right-wing media.

    So the “deep state” notion, which is not controversial anymore—everyone says that on the Republican side — that somehow there’s some conspiracy inside government, even now more so with the Mar-a-Lago search warrant. That’s an Alex Jones conspiracy.

    And just last night, Fox News was pushing this idea that there was this globalist meeting between Soros and Garland and Biden and all these foreign prime ministers who decided that this was going to be the playbook to take out Donald Trump and subjugate America. But that’s conspiracy stuff that he’s been pushing.

    And then the last one is the right-wing media, both talk radio and Fox. They’ve also been pushing this idea that the evidence was planted inside the safe in Mar-a-Lago. They didn’t even know the evidence, didn’t even know what was planted, but they’re already conjuring up a conspiracy.

    So that’s very much what Alex Jones has peddled in. And now it is nearly indistinguishable from the traditional right-wing and conservative talking points. And I think that’s the part that’s significant about all this, is that the big players now are doing Alex Jones. Everything is InfoWars. That’s basically what I would say.

    NBC: InfoWars' Alex Jones Is a 'Performance Artist,' His Lawyer Says in Divorce Hearing

    NBC (4/17/17)

    JJ: I have to say, I thought that something would change in 2017, when Jones was in a custody fight with his ex-wife and she said, I don’t want my kids around this guy, you know, he’s calling for people to have their necks broken. He said he wants Jennifer Lopez to be raped. You know, I just don’t want my kids around him. 

    And Alex Jones’ lawyer at the time said that Jones is a “performance artist,” that he’s “playing a character,” and to judge him by what he says on InfoWars, his lawyer said, would be like judging Jack Nicholson by his portrayal of the Joker in Batman.

    Now, I’m not naive; I’ve been at this for a minute. But I have to say, I was still surprised that after that, media went right back—not just right-wing media, but centrist elite media—went right back to calling Alex Jones “controversial,” calling him “bombastic.”

    Even now, it’s weird to read that Jones acknowledges today that Sandy Hook happened, as though we need to credit any particular relationship between what he says and reality.

    I guess I hold some blame for not just right-wing media, but so-called mainstream media, for not, at that point, once his case was, “I don’t believe any of this, and you’d have to be stupid to believe anything that I say,” why didn’t the picture of him change? Why didn’t we start talking about him differently?

    AC: And that’s the part that I find so frustrating. And I think that gets back to why I do what I do, and I’m glad you guys exist, too, is that there are some real problems with the way the news media has handled this, and they’re reflective of deeper issues.

    They tend to privilege the right wing in a way that I think is ultimately destructive. And at the moment that he acknowledged that it was all an act, I think he should be treated accordingly.

    And I was with you, because at the same time that that story happened, let’s not forget that Pizzagate was still fresh in the minds of so many of the Beltway media. Many of them used to frequent that pizza establishment in Washington, DC. Alex Jones was one of the big drivers of the Pizzagate conspiracy. It’s specifically the establishment that was targeted.

    And so I thought, to your point, that when he made that argument and said that stuff, and it became so clear that that was his defense, that they would change their narrative, because it would be juxtaposed with the reality of the experience that just happened, but it didn’t.

    NPR: You Literally Can't Believe The Facts Tucker Carlson Tells You. So Say Fox's Lawyers

    NPR (9/29/20)

    And Tucker Carlson gets the same pass, right? I mean, Fox News won a lawsuit just two years ago, a little more than that, where their defense was no reasonable person would believe the things that Tucker Carlson says, and yet, the news media doesn’t talk about him any differently either.

    And I think that this is part of the inertia that exists in the coverage. It’s not that I encourage them to debunk them all the time, but I do think that what they do is they have a very limited set of boxes that they can apply to individuals, and they very rarely change those.

    You know, there are plenty of establishment individuals that get quoted, and they’re treated as “Christian” organizations or “conservative” when, in fact, they’re officially designated hate groups, right?

    So it is a deep problem in the news media that they both don’t have the language, and when they do have the language, there’s still so much inertia and hesitancy, I think, in shifting their coverage. I think there’s a little bit of the right wing “working the refs” that ends up poisoning the coverage, too, that is a real problem.

    JJ: I’m going to have to end it there, but we’re absolutely going to pick it up again.

    We’ve been speaking with Angelo Carusone. He’s president of Media Matters. They’re online at MediaMatters.org. Angelo Carusone, thank you so much for joining us this week on CounterSpin.

    AC: Thank you.

    The post ‘What Alex Jones Has Peddled Is Now Nearly Indistinguishable from Right-Wing Talking Points’ appeared first on FAIR.


    This content originally appeared on FAIR and was authored by Janine Jackson.

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    https://www.radiofree.org/2022/08/18/what-alex-jones-has-peddled-is-now-nearly-indistinguishable-from-right-wing-talking-points-counterspin-interview-with-angelo-carusone-on-alex-jones-trial/feed/ 0 324684
    Angelo Carusone on Alex Jones Trial, Karl Grossman on Nuclear War https://www.radiofree.org/2022/08/12/angelo-carusone-on-alex-jones-trial-karl-grossman-on-nuclear-war/ https://www.radiofree.org/2022/08/12/angelo-carusone-on-alex-jones-trial-karl-grossman-on-nuclear-war/#respond Fri, 12 Aug 2022 16:03:11 +0000 https://fair.org/?p=9029838 Alex Jones' lawyer says talking about his white supremacism would "distract from the main issues." What are the "main issues" about Jones?

    The post Angelo Carusone on Alex Jones Trial, Karl Grossman on Nuclear War appeared first on FAIR.

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    CT Insider: We Need to Talk About Alex Jones

    CT Insider (7/14/22)

    This week on CounterSpin: A Texas court has told Alex Jones to pay some $49 million dollars in damages for his perverse, accusatory talk about the Sandy Hook elementary school massacre being a “big hoax”—the jury evidently not believing Jones’ tale that he was suffering a weird and weirdly profitable “psychosis” when he told his followers that no one died at Sandy Hook because none of the victims ever existed, nor were they evidently moved by his subsequent claim that he did it all “from a pure place.”

    Jones, as the Hearst Connecticut Media editorial board noted in a strong statement, is trying to keep any mention of his “white supremacy and right-wing extremism” out of the Sandy Hook case he’s facing in New Hampshire—because, his lawyer says, that discussion would be “unfairly prejudicial and inflammatory,” an “attack on [Jones’] character” that would “play to the emotions of the jury and distract from the main issues.”

    What should be the “main issues” when our vaunted elite press corps engage a figure like Alex Jones? We talk with Angelo Carusone, president of Media Matters.

          CounterSpin220812Carusone.mp3

     

    Atomic bomb testAlso on the show: In 1991, on the fifth anniversary of the Chernobyl nuclear plant accident, an editorial in the Minneapolis Star Tribune concluded: “Despite Chernobyl, nuclear energy is the green alternative.” The Houston Post enjoined readers: “Let’s not learn the wrong lesson from Chernobyl and rule nukes out of our future.” Corporate media have been rehabilitating nuclear power for as long as the public has been terrified by its dangers—sometimes as heavy-handedly as NBC in 1987 running a documentary, Nuclear Power: In France It Works, that failed to mention that NBC’s then-owner, General Electric, was the country’s second-largest nuclear power entity—and third-largest producer of nuclear weapons.

    Now in Russia’s war on Ukraine, we’re seeing news media toss the possibility of nuclear war into the news you’re meant to read over your breakfast. Has something changed to make the unleashing of nuclear weaponry war less horrific? And if not, what can we be doing to push it back off the table and out of media’s parlor game chat? We hear from author and journalism professor Karl Grossman.

          CounterSpin220812Grossman.mp3

     

    The post Angelo Carusone on Alex Jones Trial, Karl Grossman on Nuclear War appeared first on FAIR.


    This content originally appeared on FAIR and was authored by Fairness & Accuracy In Reporting.

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    Prominent Chinese rights activist ‘paralyzed’ while awaiting trial in Jiangsu https://www.rfa.org/english/news/china/paralyzed-07282022162336.html https://www.rfa.org/english/news/china/paralyzed-07282022162336.html#respond Thu, 28 Jul 2022 20:31:36 +0000 https://www.rfa.org/english/news/china/paralyzed-07282022162336.html Xu Qin, a key figure in the China Rights Observer group founded by jailed veteran dissident Qin Yongmin, is now using a wheelchair while in a police-run detention center in the eastern Chinese province of Jiangsu, RFA has learned.

    Xu, 60, is currently being held at the Yangmiao Detention Center in Yangzhou City, where she has been on hunger strike in protest at the loss of letter-writing and receiving privileges, and a months-long ban on meetings with her lawyer.

    Her lawyer Ji Zhongjiu was finally allowed to meet with her on June 10, when Xu could walk, and again on Wednesday, when she was brought to meet with him in a wheelchair.

    "When Xu Qin met with lawyer Ji Zhongjiu, they pushed her out for the meeting in a wheelchair," Xu's husband Tang Zhi told RFA.

    "The previous meeting with the lawyer was on June 10; Xu Qin became paralyzed on June 27," Tang said.

    "Today, when Ji Zhongjiu saw her, she was in a wheelchair."

    Tang said Xu's blood pressure has been unstable, and her eyesight and hearing have deteriorated in detention.

    But he has been unable to get confirmation of her medical diagnoses from the authorities.

    "They refused to talk about it," he said. "I called the state security police today, and he told me I was talking nonsense."

    "He said he called yesterday to ask about her and they told him she was in good health."

    Repeated calls to Ji rang unanswered on Wednesday.

    Refusal to 'confess'

    Xu is being held on suspicion of "picking quarrels and stirring up trouble," a public order charge typically used in the initial detention of activists and peaceful critics of the ruling Chinese Communist Party (CCP).

    A vocal supporter of a number of high-profile human rights cases, including that of detained human rights lawyer Yu Wensheng, she was detained under "residential surveillance at a designated location," a form of incommunicado detention rights groups say puts detainees at greater risk of torture and mistreatment.

    Xu's trial was suspended by the Yangzhou Intermediate People's Court in an April 22 ruling that cited "unavoidable circumstances," but gave no further details.

    Tang said her lawyer had told him that the trial had been suspended for the sixth time at the behest of state security police, which he believes was the result of Xu's refusal to plead guilty or "confess" to the charges against her.

    The overseas-based Chinese Human Rights Defenders (CHRD) network tweeted about the meeting between Xu and Ji on Wednesday: "Xu was sitting in a wheelchair, looking exhausted, and with poor physical health."

    "But even in light of her other physical conditions (heart disease, high blood pressure, & having suffered a stroke), and even after being detained in total for nearly two years cumulatively, the authorities still have not been able to shake her determination to plead not guilty!" the group said.

    Xu was detained on Feb. 9, 2018 at her home in Jiangsu's Gaoyou city, and placed under criminal detention the next day on suspicion of "picking quarrels and stirring up trouble."

    She was transferred into “residential surveillance at a designated location” a few weeks later, and the charges changed to the more serious "incitement to subvert state power."

    She was released, apparently on bail, then re-detained by police on Nov. 5, 2021, and has been awaiting trial since then, CHRD said.

    Translated and edited by Luisetta Mudie.


    This content originally appeared on Radio Free Asia and was authored by By Gu Ting for RFA Mandarin.

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    Top UN court rejects Myanmar objections in Rohingya genocide trial https://www.rfa.org/english/news/myanmar/icj-ruling-07222022062409.html https://www.rfa.org/english/news/myanmar/icj-ruling-07222022062409.html#respond Fri, 22 Jul 2022 14:21:18 +0000 https://www.rfa.org/english/news/myanmar/icj-ruling-07222022062409.html The International Court of Justice (ICJ) rejected on Friday all of Myanmar’s objections to a case brought against it by Gambia that accuses the Southeast Asian country of genocide against the mainly Muslim Rohingya minority.

    Myanmar’s military regime had lodged four preliminary objections claiming the Hague-based court does not have jurisdiction and that the West African country of Gambia did not have the standing to bring the case over mass killing and forced expulsions of Rohingya in 2016 and 2017.

    The ruling delivered at the Peace Palace in the Dutch city of The Hague by ICJ President, Judge Joan E. Donoghue, clears the way for the court to move on to the merits phase of the process and consider the factual evidence against Myanmar, a process that could take years.

    Donoghue said the court found that all members of the 1948 Genocide Convention can and are obliged act to prevent genocide, and that through its statements before the U.N. General Assembly in 2018 and 2019, Gambia had made clear to Myanmar its intention to bring a case to the ICJ based on the conclusion of a UN fact-finding mission into the allegations of genocide.

    “Myanmar could not have been unaware of the fact that The Gambia had expressed the view that it would champion an accountability mechanism for the alleged crimes against the Rohingya,” the judge said.

    The military junta that overthrew Myanmar’s elected government in February 2021 is now embroiled in fighting with prodemocracy paramilitaries across wide swathes of the country, and multiple reports have emerged of troops torturing, raping and killing civilians.

    In the initial hearing of the case in 2019, Gambia said that “from around October 2016 the Myanmar military and other Myanmar security forces began widespread and systematic ‘clearance operations’ … against the Rohingya group.”

    “The genocidal acts committed during these operations were intended to destroy the Rohingya as a group, in whole or in part, by the use of mass murder, rape and other forms of sexual violence, as well as the systematic destruction by fire of their villages, often with inhabitants locked inside burning houses. From August 2017 onwards, such genocidal acts continued with Myanmar’s resumption of ‘clearance operations’ on a more massive and wider geographical scale.”

    Thousands died in the raids in August 2017, when the military cleared and burned Rohingya communities in western Myanmar, killing, torturing and raping locals. The violent campaign forced more than 740,000 people to flee to squalid refugee camps in neighboring Bangladesh. That exodus followed a 2016 crackdown that drove out more than 90,000 Rohingya from Rakhine.

    The Gambia has called on Myanmar to stop persecuting the Rohingya, punish those responsible for the genocide, offer reparations to the victims and provide guarantees that there would be no repeat of the crimes against the Rohingya.

    The Myanmar junta’s delegation protested at a hearing on Feb. 25 this year, saying the ICJ has no right to hear the case. It lodged four objections, all of which were rejected by the ICJ on Friday.

    The ICJ is the principal judicial organ of the United Nations and was established in 1945 to settle disputes in accordance with international law through binding judgments with no right of appeal.

    The U.S. has also accused Myanmar of genocide against the Rohingya. Secretary of State Antony Blinken ruled in March this year that “Burma’s military committed genocide and crimes against humanity with the intent to destroy predominantly Muslim Rohingya in 2017.”

    The State Department said the military junta continues to oppress the Rohingya, putting 144,000 in internal displacement camps in Rakhine state by the end of last year. A State Department report last month noted that Rohingya also face travel restrictions within the country and the junta has made no effort to bring refugees back from Bangladesh.

    Myanmar, a country of 54 million people about the size of France, recognizes 135 official ethnic groups, with Burmans accounting for about 68 percent of the population.

    The Rohingya, whose ethnicity is not recognized by the government, have faced decades of discrimination in Myanmar and are effectively stateless, denied citizenship. Myanmar administrations have refused to call them “Rohingya” and instead use the term “Bengali.”

    The atrocities against the Rohingya were committed during the tenure of the civilian government of Aung San Suu Kyi, who in December 2019 defended the military against allegations of genocide at the ICJ. The Nobel Peace Prize winner and one-time democracy icon now languishes in prison — toppled by the same military in last year’s coup.

    In February, the National Unity Government (NUG), formed by former Myanmar lawmakers who operate as a shadow government in opposition to the military junta, said they accept the authority of the ICJ to decide if the 2016-17 campaign against Rohingya constituted a genocide, and would withdraw all preliminary objections in the case.

    “It is hard to predict how long this case could take to reach the final verdict. Most likely it could take several years, even a decade,” said Aung Htoo, a Myanmar human rights lawyer and the principal at the country’s Federal Legal Academy.

    Written by Paul Eckert.


    This content originally appeared on Radio Free Asia and was authored by By RFA Burmese.

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    Vietnamese Facebook activist’s family speak out about his ‘secret trial’ https://www.rfa.org/english/news/vietnam/vietnamese-facebook-activists-family-speak-out-about-his-secret-trial-07182022015455.html https://www.rfa.org/english/news/vietnam/vietnamese-facebook-activists-family-speak-out-about-his-secret-trial-07182022015455.html#respond Mon, 18 Jul 2022 06:04:38 +0000 https://www.rfa.org/english/news/vietnam/vietnamese-facebook-activists-family-speak-out-about-his-secret-trial-07182022015455.html Facebook activist Nguyen Duc Hung’s family say he was denied visitors and they only found out about his five-and-a-half-year sentence from state media the day after it was handed down.

    Hung’s posts aimed to raise awareness of an environmental disaster in his hometown of Ky Anh. The Hung Nghiep Formosa Ha Tinh steel factory discharged chemical waste into the sea and environmentalists say the effects are still being felt by the residents.

    His social media posts did not focus solely on the disaster in his home town. He told his 9,000-plus followers about cases of social injustice and human rights abuses. He also focused on religious freedom, posting comments about the case of Thien An Monastery in which the provincial government of Thua Thien Hue "borrowed" land from the religious facility.

    Hung was convicted of “conducting anti-state propaganda” under Article 117 of the criminal code.

    The indictment said Hung’s actions directly affected the implementation of the Party's guidelines and policies, the State's laws, and the strength of the people's government, divided national unity, reduced the people's trust in the Party and State, and potentially caused national insecurity and disorder.

    While the court claimed it was a public criminal trial Hung’s family said they heard nothing from the police or the court.

    “When they carried out the trial, my family did not know,” Hung’s father Nguyen Van Sen told RFA.

    “I phoned the detention center and was told that the trial had been carried out the day before. When I asked why they didn't notify my family, the police said the family was not involved."

    Sen got the same response when the called the provincial police’s investigative department.

    According to a lawyer who has defended many similar trials Hung’s case is not uncommon. Ha Huy Son said the court does not have to notify the family or invite them to the trial. He said Criminal Procedure Code 2015 only stipulates telling the family the person is in custody, or has been arrested in the case of an urgent arrest. It is only necessary to tell the defense lawyer, the victim and any other parties involved at least 10 days before the trial.

    Hung is the sixth Facebooker this year to be convicted of "conducting propaganda against the state." The others received sentences of between five and eight years.

    Hung, 31, was arrested on Jan. 6 this year and has been held incommunicado since then. His father said, despite repeated trips to the detention center, the family was not allowed to see him.

    The family did not hire a defense lawyer and Sen said he did not know if one was present at the trial. Sen did not want to comment on the sentence, other than saying he hoped it would be reduced because Hung’s wife had left him to raise their two primary school children.

    State media did not mention whether Hung had a lawyer, only saying he had pleaded guilty and asked for leniency.

    RFA called the People’s Court of Ha Tinh province but no-one replied

    Communist Party paranoia

     “Given the worsening situation for activists and human rights defenders in Vietnam, it was sadly just a matter of time before Nguyen Duc Hung got arrested,” said Human Rights Watch Deputy Asia Director Phil Robertson.

    “It's become obvious that the Vietnam Communist Party is so paranoid about dissenting views that it considers mere writing of words online to be a threat to state security. By giving out a five-and-a-half-year prison sentence for just writing criticism of the government on Facebook, the government has committed an outrageous and unacceptable violation of Nguyen Duc Thung's rights.  In reality, he did nothing that would have been considered wrong, or even out of the ordinary, if he was in a democratic society, but of course he is stuck living under a single party dictatorship.”

    Roberts said Vietnam’s crackdown on freedom of expression means no peaceful activist can spread his views via social media without facing what he called “bogus state security charges” and many years in prison.

    “Quite clearly, Vietnam has become one of the worst rights abusing and dictatorial governments in Southeast Asia and now it wants to control the Internet as strictly as China. Any government donor or international business investor should think twice about investing in a country like Vietnam where freedom of expression and access to information is so strictly controlled," Robertson said.


    This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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    Trial by Committee https://www.radiofree.org/2022/07/15/trial-by-committee/ https://www.radiofree.org/2022/07/15/trial-by-committee/#respond Fri, 15 Jul 2022 05:44:17 +0000 https://www.counterpunch.org/?p=249381 “In a time of universal deceit, telling the truth is a revolutionary act.” –George Orwell, 1984 The House Jan. 6 committee sharpened its knives probing into Trump at its latest hearing, warning him against contacting witnesses and straining to find solid evidence that he planned the storming of the Capitol, including making the violent and More

    The post Trial by Committee appeared first on CounterPunch.org.


    This content originally appeared on CounterPunch.org and was authored by Richard C. Gross.

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    Imprisoned Belarus journalist Katsiaryna Andreyeva begins new trial on treason charges https://www.radiofree.org/2022/07/05/imprisoned-belarus-journalist-katsiaryna-andreyeva-begins-new-trial-on-treason-charges/ https://www.radiofree.org/2022/07/05/imprisoned-belarus-journalist-katsiaryna-andreyeva-begins-new-trial-on-treason-charges/#respond Tue, 05 Jul 2022 16:14:24 +0000 https://cpj.org/?p=206183 New York, July 5, 2022 – Belarus authorities should immediately and unconditionally release journalist Katsiaryna Andreyeva and stop prosecuting members of the press over their work, the Committee to Protect Journalists said Tuesday.

    On July 4, Andreyeva’s trial on treason charges started behind closed doors in the southeastern city of Homel, according to a Facebook post by her husband, Ihar Ilyash, and report by the Poland-based independent broadcaster Belsat TV, where she works as a correspondent.

    “Trying an already-jailed journalist on trumped-up retaliatory charges only shows the vindictive nature of the Belarussian government under President Aleksandr Lukashenko. It’s clear that nothing will stop authorities from trying to silence those who covered the 2020 protests demanding Lukashenko’s resignation,” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator. “Authorities must immediately stop this sham trial and release Katsiaryna Andreyeva and all other imprisoned journalists.”

    Andreyeva was detained alongside camera operator Daria Chultsova in November 2020 while livestreaming protests against Lukashenko’s continued rule. She was already serving a two-year prison sentence when authorities brought new charges against her in April, as CPJ documented at the time.

    “She is facing from seven to 15 years in jail only for being a journalist,” Ilyash wrote in his Facebook post, adding that it was not clear how long the trial would last, and that he was not able to see Andreyeva during the proceedings.

    Belarus was the fifth worst jailer of journalists in the world, with at least 19 journalists behind bars on December 1, 2021, when CPJ conducted its most recent prison census.


    This content originally appeared on Committee to Protect Journalists and was authored by Erik Crouch.

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    Cambodian court warns Kem Sokha, on trial for ‘treason,’ not to get political https://www.rfa.org/english/news/cambodia/kem-sokha-06292022175231.html https://www.rfa.org/english/news/cambodia/kem-sokha-06292022175231.html#respond Wed, 29 Jun 2022 21:54:00 +0000 https://www.rfa.org/english/news/cambodia/kem-sokha-06292022175231.html A court in Cambodia’s capital Phnom Penh warned opposition leader Kem Sokha not to engage in any further political activities after the prosecution played a recorded conversation he held with supporters ahead of recent local elections, the latest wrinkle in his trial that started more than two years ago on unsubstantiated charges of treason.

    The deputy court prosecutor demanded Kem Sokha’s arrest after alleging that he had met with allies in the northwestern province of Siem Reap prior to the June 5 vote for commune council seats and discussed politics.

    Kem Sokha was released from pre-trial detention to house arrest in September 2018 and granted bail in November 2019 by the Phnom Penh Municipal Court, the terms of which allowed him to travel within Cambodia but restricted him from taking part in any political activities.

    An undercover investigator recorded one of the conversations, which was used as evidence in Wednesday’s proceedings.

    Kem Sokha was allowed to return home when the court session ended at 2 p.m.

    His lawyer, Pheng Heng, told RFA’s Khmer Service that Kem Sokha would be more careful about interactions in order to avoid new charges as the trial unfolds.

    “He didn’t make any political speech,” said Pheng Heng. He said that Kem Sokha has participated in public gatherings, like weddings, Buddhist ceremonies and a feast, none of which were political.

    “The deputy prosecutor thought it was political activity, but the defense thinks otherwise,” Phen Heng said.

    Kem Sokha is not part of any political party recognized by the Ministry of Interior. The Cambodia National Rescue Party (CNRP) — which he co-founded with Sam Rainsy, who is living in self-exile in France — was dissolved by Cambodia’s Supreme Court in November 2017, two months after he was arrested over an alleged plot backed by the United States to overthrow the government of Hun Sen, who has ruled Cambodia for more than 35 years.

    Kem Sokha therefore could not have been engaging in politics, his lawyer argued.

    Wednesday’s hearing was the 46th session of the trial that started prior to the coronavirus pandemic. While the trial was delayed by the court’s closure during the height of the pandemic, critics believe that since then the authorities have been stalling in an attempt to keep Kem Sokha out of the public sphere to curb his political influence.

    During the 46th session, the court did not address the underlying charges against Kem Sokha, but focused instead on his recent activities.

    The case against Kem Sokha is clearly politically motivated, Yi Sok San, a senior monitor for the Cambodian Human Rights and Development Association (Adhoc), told RFA.

    “I urge the government to differentiate between politics and law,” he said, adding that it was not fair to raise the new allegation against Kem Sokha without informing the defense.

    CPP spokesperson Chhim Phall Vorun told RFA that the government’s case is not politically motivated.

    Experts condemn mass trial

    U.N. human rights experts on Wednesday requested a review of a June 14 mass trial where 43 defendants with connections to the CNRP were convicted on charges of plotting and incitement, receiving sentences of up to eight years.

    U.N. officials Vitit Muntarbhorn, who monitors human rights concerns in Cambodia, Clement Nyaletsossi Voule, who tracks freedom of peaceful assembly issues, and Diego Garcia-Sayan, who promotes the independence of judges and lawyers, signed the statement.

    “The outcome of this first instance trial reinforces a troubling pattern of political trials peppered with judicial flaws,” the experts said in a statement. “We urge the government to urgently review and remedy the process to ensure the defendants’ access to justice.”

    Among the convicted activists is Cambodian American lawyer Theary Seng, who was recently moved from a prison in Phnom Penh to a more remote location, which the experts said makes family or consular visits more difficult.

    “On these grounds, the government is urged to review these convictions — and all pending similar cases — and to ensure future judicial proceedings adhere to international obligations,” the experts said.

    “This is critical to ensure the trend of shrinking civic and democratic space in Cambodia, aggravated by these trials, is reversed. A hindered access to justice not only infringes the rights of the victims, but has an overall chilling effect on society, discourages participation in assemblies and associations, and contributes to the dangerous trend of closing of civic space,” they said.

    Cambodia’s mission to the U.N. rejected the assessment of the trial as “misleading news.”

    The mission asserted that the trial was not politically motivated and said calling it as such was “unfounded and prejudicial.” It said that the experts’ narrative “one-sided and biased.”

    Translated by Samean Yun. Written in English by Eugene Whong.


    This content originally appeared on Radio Free Asia and was authored by By RFA Khmer.

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    The Assange Animus and the Spy Trial Ahead https://www.radiofree.org/2022/06/24/the-assange-animus-and-the-spy-trial-ahead/ https://www.radiofree.org/2022/06/24/the-assange-animus-and-the-spy-trial-ahead/#respond Fri, 24 Jun 2022 08:51:22 +0000 https://www.counterpunch.org/?p=247140 There’s a schadenfreude going around when it comes to Julian Assange. I can feel the seethe and bristle crawling up my neck. Some people seem to want him to suffer for what he’s done. And, believe you me, he’s done plenty. This came home to me in a most unpleasant way recently when I interviewed More

    The post The Assange Animus and the Spy Trial Ahead appeared first on CounterPunch.org.


    This content originally appeared on CounterPunch.org and was authored by John Kendall Hawkins.

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    Aung San Suu Kyi begins trial in prison https://www.rfa.org/english/news/myanmar/aung-san-suu-kyi-begins-trial-inprison-06232022054239.html https://www.rfa.org/english/news/myanmar/aung-san-suu-kyi-begins-trial-inprison-06232022054239.html#respond Thu, 23 Jun 2022 09:45:00 +0000 https://www.rfa.org/english/news/myanmar/aung-san-suu-kyi-begins-trial-inprison-06232022054239.html Detained State Counselor Aung San Suu Kyi began her trial on Thursday in a special court in Naypyidaw Prison. The National League for Democracy (NLD) leader was moved to the prison in Myanmar’s capital city and placed in solitary confinement on Wednesday.

    Sources close to the court told RFA the case of Suu Kyi and Sean Turnell, Section 3 (1) (c) of the Myanmar Government Secrecy Act, was heard in a special court in the prison.

    Some witnesses were recalled and examined in court in connection with the case. The details of the investigation are not yet known as Suu Kyi’s lawyers have been barred from releasing details to the media. 

    Previously, the case was heard every Thursday in a special court in the Naypyidaw Council compound in Zabuthiri township, which was hurriedly set up after the military coup on February 1, 2021.

    Suu Kyi has been summoned to the court every week by police guards from the military council’s secret detention center.

    Section 3 (1) (c) of the Government Secrecy Act was enacted in 1923 during the British colonial rule of the country then called Burma. Anyone convicted faces up to 14 years in prison.

    Sean Turnell has been State Counselor Suu Kyi’s business adviser since 2017 under the NLD-led government. He is the first foreigner close to the NLD-led government to be arrested since the military coup.

    Suu Kyi, who turned 77 on Sunday, has been charged in 19 cases since the military coup. She was sentenced to 11 years in prison for six cases. The remaining 13 cases are still pending. If convicted the sentence could be extended to more than 100 years.

    The military council announced on Thursday that Suu Kyi had been transferred to prison under criminal law after being tried by the relevant courts.

    The authorities reinforced the prison fences and increased security after Suu Kyi arrived at Naypyidaw Prison. Discipline at both male and female barracks in the prison has been tightened up, according to sources close to the prison.

    The top leaders of the NLD-led government, members of parliament and many opponents of the military coup are facing trial in the Special Court in Naypyidaw Prison. Those convicted are often transferred to Yamethin Prison near Naypyidaw.  


    This content originally appeared on Radio Free Asia and was authored by By RFA Burmese.

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    Subpoenaed news reporter will not have to testify in MN murder trial https://www.radiofree.org/2022/06/22/subpoenaed-news-reporter-will-not-have-to-testify-in-mn-murder-trial/ https://www.radiofree.org/2022/06/22/subpoenaed-news-reporter-will-not-have-to-testify-in-mn-murder-trial/#respond Wed, 22 Jun 2022 20:21:00 +0000 https://pressfreedomtracker.us/all-incidents/subpoenaed-news-reporter-will-not-have-to-testify-in-mn-murder-trial/

    A Minnesota District judge quashed a subpoena on June 20, 2022, that sought testimony from KARE 11 News reporter Lou Raguse in an upcoming murder trial in Minneapolis.

    According to the Star Tribune, Dan Allard, Assistant Hennepin County Attorney, filed a motion to compel Raguse to testify during the trial of Jamal Smith. Smith is accused of fatally shooting a man after an altercation on a Minneapolis highway.

    Raguse did not respond to a request for comment, but his attorney, Leita Walker, confirmed to the U.S. Press Freedom Tracker by email that the subpoena was initially served on or around May 30, 2022. Walker said that prosecutors filed a motion to compel after being notified that the law required them to first apply to the court before subpoenaing a journalist.

    According to the Star Tribune, Raguse recorded a video interview with Smith while he was in jail in April 2022, where Smith denied having fired the fatal shot. Allard argued that Raguse’s testimony could place Smith in the vehicle during the shooting.

    During a hearing on the motion, Walker argued that the prosecutor misstated or ignored law protecting journalists, and that reporters could not be compelled to reveal confidential sources or information under Minnesota state law.

    Hennepin County Judge Nicole Engisch sided with Raguse in denying the motion to compel, quashing the subpoena. According to the Star Tribune, Engisch’s six-page order stated, “The court does not find that the state’s argument here outweighs Mr. Raguse’s First Amendment interest and legal privilege to avoid being compelled to testify on unpublished information gathered as part of his work as a journalist.”


    This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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    Assange Should Put the Pentagon and the CIA on Trial https://www.radiofree.org/2022/06/22/assange-should-put-the-pentagon-and-the-cia-on-trial/ https://www.radiofree.org/2022/06/22/assange-should-put-the-pentagon-and-the-cia-on-trial/#respond Wed, 22 Jun 2022 08:59:46 +0000 https://www.counterpunch.org/?p=247004

    Photograph Source: Roy Katzenberg – CC BY 2.0

    With the recent decision by British Home Secretary Priti Patel to approve the extradition of Julian Assange to the United States, it is now a virtual certainty that Assange will soon be brought to the U.S. for trial.

    Let’s hope that he uses the opportunity to put the Pentagon and the CIA on trial. Yes, I know that whichever federal judge is appointed to preside over the trial will do his best to not permit that to happen, but what’s wrong with a little civil disobedience in what will inevitably be a rigged kangaroo court whose outcome of guilt will be preordained?

    Let’s not forget, after all, that Assange isn’t the criminal here. He’s the guy who disclosed the criminal conduct to the world through his organization WikiLeaks. That criminal conduct was committed by the Pentagon and the CIA, supported by their enablers in the executive and legislative branches of the federal government. 

    In a just society, the people who disclose criminal conduct would be hailed as heroes and the people who engage in criminal conduct would be going to jail. But in the Bizarro world of a national-security state, it’s the exact opposite — the criminals are the accusers and jailers and the opponents of their criminal conduct are the ones who are punished, tortured, and sent to jail.

    One of the big things that Assange’s attorneys could do during the trial is to restate and reemphasize every dark-side action in which U.S. personnel engaged that WikiLeaks disclosed, plus ones that WikiLeaks did not disclose. While that wouldn’t necessarily change the outcome of the kangaroo proceeding, at least it would show the world why they are going after Assange. 

    When the U.S. government was converted from its founding structure of a limited-government republic to a national-security state to fight the Cold War against “godless communism” and the Soviet Union as part of the extreme anti-Russia animus of that era, there was an implicit bargain struck between the national-security establishment and American people: the Pentagon, the CIA, and the NSA would be empowered to engage in totalitarian-like dark-side powers but they would keep their unsavory actions secret from the American people so that people’s consciences wouldn’t be bothered.

    Assange interfered with that pact by disclosing to the world some of those dark-side practices. For that matter, so did Edward Snowden. For that, they both needed to be punished, if for no other reason than to send a message to everyone else: This is what will happen to you if you reveal our dark-side criminal practices to the world.

    Be prepared for a judicial spectacle when Assange, who is an Australian citizen, is forcibly brought to the United States for trial for disclosing the criminal conduct of the U.S. government. Just don’t expect anything remotely resembling justice in the process.


    This content originally appeared on CounterPunch.org and was authored by Jacob G. Hornberger.

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    ‘Show’ Trial of Foreign Fighters in Donetsk Breaks with International Law and Could Itself be a War Crime https://www.radiofree.org/2022/06/16/show-trial-of-foreign-fighters-in-donetsk-breaks-with-international-law-and-could-itself-be-a-war-crime/ https://www.radiofree.org/2022/06/16/show-trial-of-foreign-fighters-in-donetsk-breaks-with-international-law-and-could-itself-be-a-war-crime/#respond Thu, 16 Jun 2022 08:39:50 +0000 https://www.counterpunch.org/?p=246411

    The sentencing to death of three foreign fighters captured by Russian troops and handed over to authorities in a breakaway region in Ukraine presents a serious deviation from international law – one that in itself represents a war crime.

    Sentencing came on June 9, 2022, at the end of what has been dismissed by observers in the West as a “show trial” involving the three – two British citizens and a Moroccan national in Ukraine fighting alongside the country’s troops.

    In many ways, proceedings like those the three were subjected to were inevitable. Indeed, in an earlier article questioning the wisdom of Ukraine’s conducting its own war crimes trials of Russian prisoners of war during ongoing hostilities, I suggested that it might incentivize the Russians to do likewise. And now the Russians have responded in kind, but with a cynical twist I hadn’t then contemplated: outsourcing the dirty work.

    Russia handed over the men captured while they were fighting in the besieged port city of Mariupol to a court of the self-proclaimed Donetsk People’s Republic, a part of Eastern Ukraine that Russia has effectively occupied since 2014.

    As a scholar of the law of war – that is, the international legal protocols and conventions that set out the rules of what is allowed during conflicts – I know that this move does not insulate Moscow from culpability. By delivering the men to a nonstate authority, Russia committed a very serious violation of the Geneva Conventions, the set of treaties and additional protocols that establish accepted conduct in wars and the duties to protect civilians – and prisoners.

    Dodgy jurisdiction

    The conventions are clear on what is and is not acceptable when it comes to the treatment of captured combatants. Article 12 of the Third Convention categorically states that the “detaining power” – in this case, Russia – can transfer a prisoner of war only to a another state that is a party to the convention.

    And the Donetsk People’s Republic is not a party to the convention. The region was recognized by Russia as an independent state only days before its invasion of Ukraine on Feb. 24, 2022. More to the point, it has not been recognized by any other U.N. member state. Instead, it is regarded as a part of Ukraine.

    As such, the Donetsk People’s Republic is quite simply a separatist region of Ukraine engaged in an ongoing rebellion against the government in Kyiv since 2014. In that time, it has enjoyed the direct support of Russian forces.

    But crucially, it does not qualify as a state under international law and is ineligible to be a party to the Third Geneva Convention.

    ‘Mercenaries’ and ‘terrorists’?

    The three men sentenced to death were accused by prosecutors of trying to overthrow the separatist government of the Donetsk People’s Republic.

    But if these three soldiers committed war crimes, then they should have been tried by the courts of the detaining power. Russian President Vladimir Putin cannot simply wash his hands of responsibility for the trials and fate of these soldiers.

    Having illegally transferred these soldiers to the rump courts of a breakaway Ukrainian region, Russia should have ensured that they were tried fairly. As a detaining power, it was compelled to do so not only by the Third Geneva Convention and an additional protocol agreed to in 1977but also under the European Convention on Human Rights and the International Covenant on Civil and Political Rights, both of which apply in the Russian-occupied Donetsk region.

    But Russia has failed to protect its prisoners from an unfair prosecution.

    Parroting statements from the Kremlin, the Donetsk authorities accused the three foreign fighters of being “terrorists” and “mercenaries” – a deliberate label intended to result in the men’s being denied POW status.

    Simply put, both charges are bogus. In armed conflicts, there are only two categories of persons: civilians and combatants. There is no third category of “terrorist.”

    While treaties addressing the law of war such as the Geneva Conventions proscribe terrorism, they do not define that term.

    However, it is understood that intentional attacks directed against legally protected individuals, such as civilians, POWS, the wounded and the sick, are forms of terrorism amounting to war crimes.

    The Third Convention and its additional protocol make crystal clear that members of the armed forces who commit war crimes do not forfeit POW status. As attested to by the Ukrainian government, these three foreigners were active-duty members of Ukraine’s armed forces when captured by Russian soldiers and accordingly were unconditionally entitled to POW status.

    In my view, charging and convicting these POWs as “terrorists” is at odds with international law.

    Likewise there are problems with labeling the men “mercenaries.” Article 47 of the Additional Protocol states that a mercenary does not have the right to be a combatant or granted POW status upon capture. But to qualify as a mercenary, a person must satisfy six very specific criteria listed in that article. For example, a person who is a member of the armed forces of a party to the conflict is not considered to be a mercenary. Such is the case with these three soldiers.

    Summary law

    The issues under international law do not end with the charges the men faced. There are also serious grounds for concerns about the conduct of the trial itself.

    The Geneva Conventions mandate that POWs be tried by independent and impartial courts with procedures ensuring the accused due process of law, including access to competent legal counsel.

    Based on published reports, the trial seems to have woefully fallen short of these requirements. Little is known of the qualifications of the judges and defense counsel. Moreover, the trial was conducted in a summary fashion, with all three soldiers pleading guilty to all the charges less than 24 hours before they were convicted and sentenced to death.

    It is difficult to believe that these soldiers confessed to being terrorists and mercenaries without having been coerced, which is absolutely prohibited under the Geneva Conventions.

    This, in turn, raises questions about the competence of their legal representatives, who seem not to have rebutted the charges of their being terrorists and mercenaries. It is also unclear whether counsel had access to the soldiers before they pleaded guilty or was able to call and confront witnesses.

    The three soldiers have a month to appeal their sentences, which could result in their receiving life or a 25-year prison term instead of the death penalty.

    But the haste and timing of the prosecutions give credence to suggestions that the trial was undertaken to humiliate Britain – which has been a very vocal critic of Russia’s invasion – and force Ukraine to eventually exchange these prisoners for Russian soldiers convicted of war crimes by its courts.

    Whatever the motive for these trials, the convictions may not be the end of the matter. And it is worth noting that denying a POW the right to a fair trial is a serious war crime.

    This article is republished from The Conversation under a Creative Commons license. 


    This content originally appeared on CounterPunch.org and was authored by Robert Goldman.

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    ‘Trump on Trial’: What to Know and How to Watch the Jan. 6 Hearings https://www.radiofree.org/2022/06/07/trump-on-trial-what-to-know-and-how-to-watch-the-jan-6-hearings/ https://www.radiofree.org/2022/06/07/trump-on-trial-what-to-know-and-how-to-watch-the-jan-6-hearings/#respond Tue, 07 Jun 2022 16:19:29 +0000 https://www.commondreams.org/node/337421

    The U.S. House of Representatives panel investigating the January 6, 2021 insurrection—provoked by then-President Donald Trump's "Big Lie" that the 2020 election was stolen from him—will launch a series of six public and nationally televised hearings on Thursday, June 9 at 8:00 pm in Washington, D.C.

    The prime-time event will be available on C-SPAN and the YouTube channel of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol.

    While ABC, CBS, CNN, Fox Busines, MSNBC, and NBC have live coverage planned for the hearing, "Fox News will continue to air its regular prime-time programs, led by Tucker Carlson," according to Vanity Fair.

    A coalition of advocacy groups is also planning "watch events" across the country, detailed at Jan6watchevents.com. Organizers say that at the events, "we can construct public awareness around the hearings" and "bring together people committed to protecting our democracy to discuss our plan to hold those responsible to account."

    Rep. Jamie Raskin (D-Md.)—one of the panel's nine members—told The Washington Post Monday that "I think you will see a comprehensive introduction and overview of the findings that will be laid out over the course of the month of June, and we are going to tell the story of a conspiracy to overturn the 2020 presidential election and block the transfer of power."

    "The committee has found evidence of concerted planning and premeditated activity," said Raskin, who was the manager for Trump's historic second impeachment. "The idea that all of this was just a rowdy demonstration that spontaneously got a little bit out of control is absurd. You don't almost knock over the U.S. government by accident."

    "So we're going to lay out all of the evidence we have found," the congressman added, noting that "House Resolution 503 charges us with defining what happened on January 6th, explaining the causes of what happened, and then ultimately laying out recommendations that would allow us to fortify ourselves against coups and insurrections moving forward."

    The committee—which includes just two Republicans: Reps. Liz Cheney of Wyoming and Adam Kinzinger of Illinois—could decide to refer Trump and others to the U.S. Department of Justice (DOJ) for criminal prosecution.

    "Upon receipt of a referral, the Department of Justice may choose to investigate to determine whether or not to prosecute," the watchdog group Citizens for Responsibility and Ethics in Washington (CREW) explains in an online FAQ resource prepared for the hearings.

    "The Department of Justice however does not need a criminal referral to bring charges against January 6th participants," CREW notes. "As is always the case, the Justice Department may choose to prosecute based on credible evidence of criminal misconduct that it has uncovered on its own."

    On Monday, five leaders of the hate group the Proud Boys were indicted on charges of seditious conspiracy. The move expands the DOJ's allegations related to organized violence challenging the 2020 election results, the Post reported, pointing out that "federal prosecutors previously leveled the historically rare charge of seditious conspiracy for the first time in the January 6 attack against Stewart Rhodes, the founder and leader of the extremist group Oath Keepers, and 10 associates."

    CREW president Noah Bookbinder is a co-author of a report released Monday by the Brookings Institution entitled Trump on Trial: A Guide to the January 6 Committee Hearings and the Question of Criminality.

    "This publication serves as a guide to the hearings and the evidence the committee and prosecutors may adduce as to whether Trump and his circle committed crimes," the document states. "The report covers key players in the attempt to overturn the election, the known facts regarding their conduct, and the criminal law applicable to their actions."

    Democracy 21 president Fred Wertheimer said that "Trump on Trial is an essential companion to the public hearings—to understanding the full story of what led up to the January 6 insurrection and the criminal laws that may have been broken by Trump and his collaborators and the prosecution that could go forward."

    Wertheimer also emphasized the importance of the panel's activities, noting that it "is conducting the most important congressional investigation of presidential wrongdoing since the Senate investigation of the Watergate scandals in the 1970s" and "the evidence the committee produces is likely to play a major role" in the DOJ's decisions regarding Trump and others.

    In a Monday column for the Chicago Sun-Times, the Rev. Jesse Jackson similarly stressed the significance of the panel's work, writing:

    The hearings will reveal new information about what was, in fact, a multi-layered effort to overturn the results of a presidential election, driven by the White House and involving Republican legislators, operatives, state officials, and donors. The hearings will ask every American to understand how vulnerable our democracy is, and how close we came to losing it.

    The question, of course, is whether it is too late to save our democracy. Donald Trump has persisted in propagating his Big Lie about the election, despite the fact that court after court, many times judges appointed by Trump, his own attorney general and Justice Department, and partisan audits of votes in several states universally found no evidence of fraud that could have come close to making a difference in the election result.

    The upcoming hearings, he added, "are, in many ways, a plea for Americans to defend their democracy. This should be as popular as apple pie—but it won't be. The committee will face a right-wing media complex—Fox News, Newsmax, the QAnon network, and legions of poisonous talk radio hosts—that will no doubt ignore its evidence and savage its conclusions."

    Meanwhile, as Jackson highlighted, "by 2024, Republicans in about 20 states will be primed and eager to ensure that their candidate wins—no matter what the voters say." Additionally, Trump is widely expected to run for president.

    The Brookings report, also looking ahead, says that "it is difficult to imagine a more serious offense, in long-term consequences, than plotting to overturn a presidential election. It is also hard to imagine any way to deter Trump other than criminal prosecution. After all, he has survived an unprecedented two impeachments. The political system no longer offers any consequences that he needs to fear."

    "The Big Lie and its consequences are still with us, posing the very real risk that Trump and his supporters will be back with more schemes aimed at disrupting and overturning our elections," the document adds. "And, if the evidence—once it is all in—is sufficient to make the case beyond a reasonable doubt, it is difficult to imagine anyone more culpable than a public official who so blatantly betrays the public trust."


    This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jessica Corbett.

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    Trial Diary: A Journalist Sits on a Baltimore Jury https://www.radiofree.org/2022/06/01/trial-diary-a-journalist-sits-on-a-baltimore-jury/ https://www.radiofree.org/2022/06/01/trial-diary-a-journalist-sits-on-a-baltimore-jury/#respond Wed, 01 Jun 2022 09:00:00 +0000 https://www.propublica.org/article/shooting-baltimore-court-wire-trial-diary#1342002 by Alec MacGillis

    ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

    By the end of our first afternoon of deliberations in the jury room up the narrow stairs from the courtroom, the water cooler was running low, the lock on the bathroom door kept sticking and the wheezing HVAC system was making it even harder to make out the audio in a crucial jailhouse phone recording. We were also nowhere close to a consensus on whether or not Domonic White was guilty of attempted murder and lesser charges in the 2021 shooting of Chris Clanton in the presence of Clanton’s 5-year-old son.

    It was hardly unusual for a jury to struggle to come to an agreement. What made this case unusual was the context provided by the victim’s identity. Clanton was an actor on “The Wire” and is now appearing on “We Own This City,” the new HBO miniseries produced by the creators of “The Wire” and based on Baltimore journalist Justin Fenton’s nonfiction book about an eye-popping police corruption scandal exposed five years ago.

    At the heart of the new series, which began airing one week before the trial, was the profound damage that police corruption had done to community trust in law enforcement. “Now, even if you find the witnesses and have a case,” says one cop in the second episode, “now when you need to get 12 people together to make a jury, 12 people to believe that you aren’t lying on the witness stand about who shot Tater or who robbed the Rite Aid, they look at you and remember when some other cop lied on them about their son or brother. The lawyers will tell you that you lost the city juries on that stuff.”

    We were now those 12 people, charged with assessing testimony by members of that same Police Department to decide who had shot an actor from the television show that was dramatizing this corruption.

    It was more than I had bargained for when I had reported for jury duty at the Circuit Court for Baltimore City two days earlier. I had never been selected for a panel, likely in part because I am a journalist, which is often enough to prompt a lawyer’s request for dismissal. This time, I had been chosen, and I had not minded. I was overdue to serve that basic civic duty, and it happened that I’m in the midst of reporting on the nationwide resurgence in gun violence. It could only help to get perspective from within the jury box, a corner of the criminal justice system that we hear far less about than other aspects of the system.

    But now, at the end of the first day of deliberations, I had a more pressing concern. By the luck of the draw, I had been seated first on the jury and had thus been appointed foreman. I had no idea what exactly that role entailed, beyond reading out an eventual verdict, but a hung jury sure sounded like failing at the job, however it was defined. And after more than three hours of inconclusive deliberations, that seemed like where we were headed.

    Clanton, 36, had come to testify on the second day of the trial. He entered with the bearing of a man distinctly displeased to be there. He made his way across the high-ceilinged courtroom in torn gray jeans and a beige jacket over a lavender hoodie, with a thick beard, passing in front of his alleged assailant, who sat placidly in rimless glasses, cleanshaven in a tie and white shirt.

    Even before Clanton identified himself and disclosed his TV roles, the mere fact of his presence was notable. In Baltimore and many other cities around the country, it is not at all uncommon for shooting survivors to refuse to identify their attackers to the authorities. It’s the most extreme manifestation of the no-snitching ethic — don’t tell the cops who the shooter was even if you’re the one who was shot — and it’s a big reason why the closure rate for nonfatal shootings is even lower than it is for homicides. But here was Clanton, come to testify against a man he had once considered a close friend.

    We jurors had already heard from one of the two officers who responded to the shooting just before 7 p.m. on April 29, 2021. Kaivon Stewart and his partner had just shared a pizza at a 7-Eleven on Belair Road, in a mostly Black working-class section of northeast Baltimore, when they heard a gunshot close by. Stewart, who was at the wheel, headed southwest down Belair and, on a small side street called Eierman Avenue, the officers saw a man with a gun standing over another man lying on the ground, as if poised to shoot. They were not close enough to identify the shooter, beyond the fact that he was a Black man dressed all in black.

    They pulled into Eierman and jumped out of the cruiser. The shooter ran off into an alley to the right, heading northeast. Stewart ministered to Clanton, who had been shot in the left ear. He was bleeding heavily but was conscious.

    Parked on the street close to where the victim was found, Stewart said, was a blue 2007 Pontiac G6 with the engine still running. Inside the car was a cellphone with a lock screen photo of a couple that, police would later determine, was the woman to whom the car was registered and her fiance, White, who is 39. Not among the items recovered: a gun or any shell casings.

    Then came Clanton’s testimony. Glowering, he related what had happened on the evening in question. He had been visiting his mother’s house nearby with his five-year-old son. He had walked down Belair with his son to get him a drink at the 7-Eleven. On the way, someone Clanton knew had called out from a porch on Eierman to let him know that he soon wanted another haircut from Clanton, who does occasional barbering on the side.

    Clanton and his son had walked up to the porch, where a small group of men was gathering, among them White. White, whom Clanton called Nick, had been a good friend of Clanton’s when they were young men, Clanton testified, but they had barely seen each other in the decade since a friend of theirs had been killed. Clanton said he was “genuinely happy” to see White after so long but felt an immediate “tension” from him.

    Not understanding why he was getting “the cold shoulder,” Clanton said, according to my notes, he followed White down from the porch toward the running car. “I figured if I could get him by himself, he would open up.”

    “Whassup?” he said he kept asking White. “I ain’t seen you in a minute.”

    “You know what’s up,” White responded, according to Clanton.

    They came down to the side of the Pontiac, Clanton testified, with his son trailing, behind the car’s trunk. Clanton pressed again for an explanation of what was bothering White. Then, Clanton said, White pulled a handgun out of his waistband.

    “I turned real fast because I thought, if this guy is going to kill me, my mother got to see something,” Clanton said, referring mordantly to his desire to preserve his face for an open-casket funeral.

    Lying on the ground after being shot, with White standing over him, Clanton said he heard the siren of the arriving cruiser. “I ain’t never been so happy to see police in my life,” he said. Everyone had scattered. All Clanton was thinking about, he said, was his son, who had been pulled to safety by a neighbor.

    A day or two later, after he was released from the hospital, detectives came to his home and he identified White as the shooter. Clanton described the medical fallout: Doctors had made his ear whole again, but he still had bullet fragments in his head that they decided were too risky to remove, and he suffered occasional seizures.

    It was time for the cross-examination from White’s attorney, Roland Brown, a veteran defense lawyer with a bearish build and assured manner. After a few perfunctory niceties toward the shooting victim, he needled Clanton, asking whether he had been drunk or high when the shooting occurred, asking if he was really sure it was White whom he had followed off the porch.

    Clanton bridled. “I know exactly who shot me,” he said. “I have to deal with this every day. We were all best friends. I didn’t know he was feeling some kind of way toward me.”

    As a kid growing up in Baltimore, Clanton’s eighth-grade social-studies teacher was Ed Burns, the homicide detective-turned-teacher who was a co-creator of “The Wire,” alongside David Simon. On “The Wire,” Clanton played Savino Bratton, who appeared in Season One as an enforcer for drug kingpin Avon Barksdale and then in Season Five working for successor kingpin Marlo Stanfield. In that season, Savino joined others in the Stanfield crew in hunting for legendary stick-up man Omar Little, before being fatally shot by Little.

    On “We Own This City,” Clanton has switched sides. He’s now playing a police officer, Brian Hairston, who is not shy about challenging untoward behavior by fellow officers. In the first episode, he is with Danny Hersl, a notoriously rough officer, when Hersl gratuitously beats up a suspect. “Look, I’m canceling that jail wagon and calling for a fucking ambulance,” Hairston tells Hersl angrily.

    “What the fuck?” Hersl says. “Throw a Band-Aid on him in Central Booking. He’s all right.”

    “You banged him, Hersl,” Hairston says. “Fuck if I’m going to have him dumped in a jail van bleeding and have Marilyn Mosby indict my ass.”

    Mosby is the Baltimore state’s attorney who, in May 2015, brought charges against six of the officers involved in the arrest and transport of Freddie Gray. (Gray died, his spinal cord nearly severed, seven days after being moved, shackled and unbuckled, in a police van.) None of those charges resulted in conviction, but they loom over the events portrayed in “We Own This City.” They are cited repeatedly as the excuse used by many cops in deciding to hang back on the job, even as violence surged to unprecedented levels following the riots after Gray’s death.

    That general apathy, in turn, is cited as the reason why the officers of the unit at the heart of the corruption scandal, the Gun Trace Task Force, were given such a long leash. “Simply put, Hersl and guys like him get out of their cars and they make arrests,” a judge says in the first episode. “And that’s more than you can say about too many police in this city who are collecting a paycheck.” Or as Sgt. Wayne Jenkins, the head of the corrupt unit when it reached its apex of depravity — stealing hundreds of thousands of dollars, planting drugs and guns on suspects, filing wildly fraudulent overtime claims — puts it in the fourth episode: “As long as we produce, as long as we put those numbers up, they don’t fucking give a shit about what we do. We can do whatever the fuck we want.”

    That aura of haplessness around the Police Department has lingered since the scandal was exposed, as the city’s homicide rate has remained elevated at the levels it spiked to after the protests over Gray’s death. So it was hardly surprising that Brown, White’s defense lawyer, tried to capitalize on that perception of the police in trying to bring us jurors over to his side. He wasn’t trying to get us to disbelieve the police because they were untrustworthy; rather he was trying to get us to dismiss the evidence because it was the result of inadequate effort.

    He grilled the lead detective on the case, Anthony Forbes, over his failure to find witnesses to the shooting. Why had he not tried harder to canvass that block of Eierman? Was it because he was too “starstruck” by Clanton and thus willing to go simply on his word?

    Brown also took that tack to try to dismiss a seemingly damning piece of evidence that came up during the prosecutor’s questioning of the detective, a phone call on a recorded jailhouse line one day after the shooting from an incarcerated 20-year-old man named Darian White to the man that the detective said was his father, Domonic White. Why, Brown asked, had he not gone to the Division of Vital Records to confirm that Darian was the son of Domonic? Brown did not offer evidence to suggest that the two Whites were not related. The intent was simply to raise doubt and to underscore that Forbes and his fellow officers were lazy clock-punchers.

    We got to hear the phone call the next day. It was scratchy, but I could make out a father telling his incarcerated son that “shit got ugly yesterday,” which is why he was going to have to “turn myself in” or let the police come get him. He also expressed affection and concern for his son and told him that “I was getting ready to go a different route” the day before but that his son had been “on my mind.” “That’s the only reason I didn’t do it,” the father said.

    It was the defense’s turn to call its only witness, Mark Pratt. (Domonic White himself would not testify in his own defense.) Pratt was a longtime friend of White’s and a cousin of his fiancee. Pratt was hanging out with White at a small shopping plaza before the shooting, as security camera footage showed, and then drove behind him to Eierman to buy marijuana for an NFL draft-watching gathering.

    He offered a completely different account than had Clanton. There was no tension between Clanton and White, he testified. Instead, what happened was this: As the group on Eierman was getting ready to split up, two young men in black face masks appeared from the alley to the left, coming from the southwest, and approached Clanton. One of them shot him, and when the police came, the pair ran back the way they had come, down the alley to the southwest.

    The prosecutor, Veronica Colson, challenged Pratt over why he had not mentioned these two young men when asked by the police at the scene if he had seen anything, and why he had also not come forward about them after he heard that his good friend had been charged in the shooting a month later. She did not challenge a factual contradiction between his account and that of Stewart, the responding officer: that the man with the gun had run up the alley to the right, to the northeast, in the opposite direction of what Pratt was now offering.

    The details of the gunman’s alley escape became more relevant in Colson’s closing argument, when she played for the first time some additional security-camera footage showing White emerging (with no gun visible), about 30 seconds after the shooting, from the other end of the alley — consistent with the police account — and strolling off across Belair Road.

    In his closing argument, Brown began by reminding us that Clanton was an actor, seeking to raise doubts about the veracity of his testimony. And he zeroed in again on the corner-cutting in the police investigation. “Were you impressed by the shooting detective?” he said.

    There is a moment in jury selection in Baltimore where the judge asks the assembled citizens if any of them has been a victim of gun violence or has an immediate family member who has been a victim of it, or has a family member who has been charged with gun violence. Invariably, more than a third of the people stand up.

    I’ve been stunned by this moment every time I’ve seen it, even though I shouldn’t have been, because the response is in line with what you would expect from the numbers. Since the start of 2013, when I returned to Baltimore for my second stint living in the city, there have been 2,916 people murdered there, and more than twice as many have been wounded in nonfatal shootings. This is in a city whose population has fallen from 621,000 to 585,000 over that time. The toll is even more concentrated if considered through the lens of neighborhoods and race. The Black share of Baltimore’s population is 63%; the Black share of the city’s homicide victims is typically over 90%.

    So overwhelming is the response to that question that answering yes is not disqualifying for service. Instead, Judge Charles Blomquist called each person who answered in the affirmative up to the bench to talk with him and the lawyers about how the experience might inform their perspective as jurors. The same went for another screening question, about whether our views of the police would keep us from being impartial in weighing their testimony.

    The jury selected for White’s trial was not racially proportionate to the city, as is often the case in a city where so many Black citizens are disqualified from service for past criminal history. Eight of the 12 of us were white, alongside three Black women and one Puerto Rican woman. This stood in contrast to the major players in the trial: the defendant, victim, both lawyers and three police officers called to the stand were all Black.

    It did not take long after we ascended to start our deliberations, though, to discover that there was a whole different level of diversity when it came to a task like this. Baltimore is an overwhelmingly progressive Democratic city, a place that voted 87% for Joe Biden in 2020. But perspectives range widely when it comes to the local issue that most consumes public attention — public safety — and that range does not break down neatly along racial or class lines.

    Soon after we got started, five jurors made clear that they had serious doubts about the prosecution’s case. They didn’t find Clanton credible. Several noted that he was, after all, an actor, while several others said that he wasn’t being candid about whatever beef had fueled White’s anger, or that they simply didn’t like how he had come across. “He was arrogant and braggadocious,” said one of three young white women on the jury. “I didn’t buy his act.”

    Above all, though, they wanted more evidence, and for this these jurors blamed the police. Why had the police been unable to recover a gun? Why had the detective not tried harder to find other witnesses? Heck, why had the police not tried harder to catch the shooter in the first place? “If I’m going to be involved in sending someone to jail for a long time, I’m going to need hard evidence,” said the one Black woman who was inclined to acquit.

    The skeptical jurors were not suggesting they did not trust what the police were saying. Rather, they were adopting the critique offered by the defense: They were criticizing the police for not having done their job better. It was a striking dynamic, given that this may have been one of the rare cases where the presence of cops likely saved a man’s life. But it fit with the dynamic described on “We Own This City” — a department succumbing to indifference and thus lackluster at doing its job, whether for reasons of self-pity or self-protection.

    This was the local context for the jurors’ reluctance to convict White. But it nonetheless startled several members of the jury who were convinced of his guilt, a group that included the two other Black women on the panel. Members of this group kept coming back to the main pieces of evidence: the victim’s testimony, which was seemingly corroborated by the responding officer’s account of the gunman’s flight into the alley; the camera footage of White emerging from that alley; and the recorded jailhouse phone call. Wasn’t that enough?

    By day’s end, it wasn’t, and we headed home.

    Never had I been more depressed in my work as a reporter than when covering the Gun Trace Task Force trial, in 2018, for an article that examined the broader unraveling of order in Baltimore. The cause of the despair was the impunity that the trial had laid bare, that the officers had for years been able to operate in a world where nothing mattered, in a moral void.

    I was thinking again about impunity at home after our inconclusive deliberations. A man had been shot in the ear in the presence of his 5-year-old son, one of 728 nonfatal shootings in the city in 2021. Baltimore police generally solve only a fifth to a quarter of nonfatal shootings, and the state prosecutes only a subset of that subset. In this case, though, the person who had very nearly been killed in the shooting had decided to give a name to the police. This was not an easy thing to do in this city, and even more difficult was then having to come to court with the former longtime friend whom he had identified as his attacker sitting just a few feet away, and tell the story again, to an appraising jury and aggressive defense lawyer.

    The next morning, back in the jury room, I tried, haltingly, to articulate my thoughts about Clanton’s decision to testify and the weight it seemed to deserve, given the difficulty in taking that step and the other evidence that corroborated his account.

    But the jury was still stuck in the same divide it had been in the previous day. With seemingly little to gain from more discussion, we watched more of the camera footage from along Belair Road, which served the purpose of raising additional questions about the account provided by Mark Pratt, which did not match up with it in several respects.

    Still, several jurors were reluctant to accept Clanton’s version. The Black woman inclined to acquit offered personal background to explain why she was not willing to take Clanton’s account at face value: When she had tried to break up with a boyfriend, he had cut himself badly and told the police that his girlfriend did it to him; she had been charged in the incident, she said, and exonerated only after she taped a call from him admitting to the ruse.

    A young white man inclined to acquit pushed back at a couple of the jurors favoring conviction who thought it was suspicious that White had not returned for his phone and his fiancee’s car after the shooting. If you’re a Black man in Baltimore with a history of encounters with the police, he said, you may decide to stay away even if you were not involved. And the Puerto Rican woman on the jury kept coming back to the failure of the police to provide additional evidence to buttress Clanton. “The police need to step it up,” she said. “The police had a job to do.”

    The insistent demand for more evidence, particularly more witness testimony, provoked one of the two Black women who were inclined toward conviction. Speaking up for the first time, she related her own story: Nearly three decades ago, she had been shot in the back on the street by two stray bullets fired by a 14-year-old boy. She had barely survived, and the effects of her injuries lingered to this day. But no one on the crowded street had been willing to identify the shooter, she said. The whole experience left her with a visceral grasp of why no one else from Eierman had come forward to back up Clanton. “No one would come testify for me,” she said.

    By noon, I sent a note to the judge asking what to do if we couldn’t reach a decision. He summoned us to the courtroom and told us to keep going. After lunch, we did. Even more talked-out by this point, we decided to play the recording of the jailhouse call one more time.

    With each replaying, we were able to make out more of the scratchy exchange. We heard the father on the call accepting that he would have to face some consequences for what had happened the day before. “What comes out of that, it is what it is,” he said. “I know I’m going to have to sit for a little bit.” We heard him elaborating on why he had not gone a “different route” during the incident, out of a desire not to spend many more years separated from his son. “I’m going to keep it a thousand with you,” he said.

    Somehow, hearing the call yet again, and being able to make out more of it, had an effect on several of the jurors who had been inclined to acquit. The conversation drifted to the various charges and the distinctions between them: In addition to attempted murder, White was also charged with first-degree assault, reckless endangerment and various firearm-related offences. It became clear that several of the jurors inclined to acquit White for attempted murder were more willing to entertain his guilt for first-degree assault. As they saw it, there were still enough questions about what transpired between the two men that they couldn’t conclude that White had actually been trying to kill Clanton. But they could accept that he had done him great harm.

    One by one, the five jurors who had started out with major doubts about the prosecution’s case came around to conviction for first-degree assault and the lesser charges. At about 4 p.m., we let the judge know we had reached a verdict. As we waited to be called down, there was sudden levity in the room, an unspoken sense that after veering close to a rupture, we had managed to come together.

    We filed downstairs, to a courtroom that was fuller than it had been at any point in the trial, though there was no sign of Clanton himself. I gave the verdict on each of the charges. White and his lawyer, Brown, reacted with restrained displeasure. We dispersed with barely a word; the camaraderie was left upstairs. But out on the street, I saw the juror who said she had been framed by her boyfriend, sitting on a bench awaiting a westbound bus. I got her attention, and we exchanged a nod and smile.

    And that was it. It was early May in Baltimore, the most beautiful time of year in the city. There had by that point been 116 homicides so far in 2022, up 15% from the year before. The following week, a man with an assault rifle would fire 60 rounds on a block in East Baltimore while killing another man and injuring three others. A couple days after that, a pregnant woman would be killed alongside the father-to-be, who would be left in critical condition. A day after that, a high school junior would be fatally shot at an after-prom party.

    And two weeks after that, a man accused of fatally shooting the widely admired co-founder of the city’s violence-interrupter program, Safe Streets, would be acquitted of murder, despite having been found with the gun used in the killing and despite cellphone data putting him in the area. “Not enough evidence,” said one juror afterward.

    It was a refrain I had heard on the White jury, too. But our jury had something that the latest jury did not: a victim alive and willing to testify.

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    This content originally appeared on Articles and Investigations - ProPublica and was authored by by Alec MacGillis.

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    Trial Diary: A Journalist Sits on a Baltimore Jury https://www.radiofree.org/2022/06/01/trial-diary-a-journalist-sits-on-a-baltimore-jury-2/ https://www.radiofree.org/2022/06/01/trial-diary-a-journalist-sits-on-a-baltimore-jury-2/#respond Wed, 01 Jun 2022 09:00:00 +0000 https://www.propublica.org/article/shooting-baltimore-court-wire-trial-diary#1342002 by Alec MacGillis

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    By the end of our first afternoon of deliberations in the jury room up the narrow stairs from the courtroom, the water cooler was running low, the lock on the bathroom door kept sticking and the wheezing HVAC system was making it even harder to make out the audio in a crucial jailhouse phone recording. We were also nowhere close to a consensus on whether or not Domonic White was guilty of attempted murder and lesser charges in the 2021 shooting of Chris Clanton in the presence of Clanton’s 5-year-old son.

    It was hardly unusual for a jury to struggle to come to an agreement. What made this case unusual was the context provided by the victim’s identity. Clanton was an actor on “The Wire” and is now appearing on “We Own This City,” the new HBO miniseries produced by the creators of “The Wire” and based on Baltimore journalist Justin Fenton’s nonfiction book about an eye-popping police corruption scandal exposed five years ago.

    At the heart of the new series, which began airing one week before the trial, was the profound damage that police corruption had done to community trust in law enforcement. “Now, even if you find the witnesses and have a case,” says one cop in the second episode, “now when you need to get 12 people together to make a jury, 12 people to believe that you aren’t lying on the witness stand about who shot Tater or who robbed the Rite Aid, they look at you and remember when some other cop lied on them about their son or brother. The lawyers will tell you that you lost the city juries on that stuff.”

    We were now those 12 people, charged with assessing testimony by members of that same Police Department to decide who had shot an actor from the television show that was dramatizing this corruption.

    It was more than I had bargained for when I had reported for jury duty at the Circuit Court for Baltimore City two days earlier. I had never been selected for a panel, likely in part because I am a journalist, which is often enough to prompt a lawyer’s request for dismissal. This time, I had been chosen, and I had not minded. I was overdue to serve that basic civic duty, and it happened that I’m in the midst of reporting on the nationwide resurgence in gun violence. It could only help to get perspective from within the jury box, a corner of the criminal justice system that we hear far less about than other aspects of the system.

    But now, at the end of the first day of deliberations, I had a more pressing concern. By the luck of the draw, I had been seated first on the jury and had thus been appointed foreman. I had no idea what exactly that role entailed, beyond reading out an eventual verdict, but a hung jury sure sounded like failing at the job, however it was defined. And after more than three hours of inconclusive deliberations, that seemed like where we were headed.

    Clanton, 36, had come to testify on the second day of the trial. He entered with the bearing of a man distinctly displeased to be there. He made his way across the high-ceilinged courtroom in torn gray jeans and a beige jacket over a lavender hoodie, with a thick beard, passing in front of his alleged assailant, who sat placidly in rimless glasses, cleanshaven in a tie and white shirt.

    Even before Clanton identified himself and disclosed his TV roles, the mere fact of his presence was notable. In Baltimore and many other cities around the country, it is not at all uncommon for shooting survivors to refuse to identify their attackers to the authorities. It’s the most extreme manifestation of the no-snitching ethic — don’t tell the cops who the shooter was even if you’re the one who was shot — and it’s a big reason why the closure rate for nonfatal shootings is even lower than it is for homicides. But here was Clanton, come to testify against a man he had once considered a close friend.

    We jurors had already heard from one of the two officers who responded to the shooting just before 7 p.m. on April 29, 2021. Kaivon Stewart and his partner had just shared a pizza at a 7-Eleven on Belair Road, in a mostly Black working-class section of northeast Baltimore, when they heard a gunshot close by. Stewart, who was at the wheel, headed southwest down Belair and, on a small side street called Eierman Avenue, the officers saw a man with a gun standing over another man lying on the ground, as if poised to shoot. They were not close enough to identify the shooter, beyond the fact that he was a Black man dressed all in black.

    They pulled into Eierman and jumped out of the cruiser. The shooter ran off into an alley to the right, heading northeast. Stewart ministered to Clanton, who had been shot in the left ear. He was bleeding heavily but was conscious.

    Parked on the street close to where the victim was found, Stewart said, was a blue 2007 Pontiac G6 with the engine still running. Inside the car was a cellphone with a lock screen photo of a couple that, police would later determine, was the woman to whom the car was registered and her fiance, White, who is 39. Not among the items recovered: a gun or any shell casings.

    Then came Clanton’s testimony. Glowering, he related what had happened on the evening in question. He had been visiting his mother’s house nearby with his five-year-old son. He had walked down Belair with his son to get him a drink at the 7-Eleven. On the way, someone Clanton knew had called out from a porch on Eierman to let him know that he soon wanted another haircut from Clanton, who does occasional barbering on the side.

    Clanton and his son had walked up to the porch, where a small group of men was gathering, among them White. White, whom Clanton called Nick, had been a good friend of Clanton’s when they were young men, Clanton testified, but they had barely seen each other in the decade since a friend of theirs had been killed. Clanton said he was “genuinely happy” to see White after so long but felt an immediate “tension” from him.

    Not understanding why he was getting “the cold shoulder,” Clanton said, according to my notes, he followed White down from the porch toward the running car. “I figured if I could get him by himself, he would open up.”

    “Whassup?” he said he kept asking White. “I ain’t seen you in a minute.”

    “You know what’s up,” White responded, according to Clanton.

    They came down to the side of the Pontiac, Clanton testified, with his son trailing, behind the car’s trunk. Clanton pressed again for an explanation of what was bothering White. Then, Clanton said, White pulled a handgun out of his waistband.

    “I turned real fast because I thought, if this guy is going to kill me, my mother got to see something,” Clanton said, referring mordantly to his desire to preserve his face for an open-casket funeral.

    Lying on the ground after being shot, with White standing over him, Clanton said he heard the siren of the arriving cruiser. “I ain’t never been so happy to see police in my life,” he said. Everyone had scattered. All Clanton was thinking about, he said, was his son, who had been pulled to safety by a neighbor.

    A day or two later, after he was released from the hospital, detectives came to his home and he identified White as the shooter. Clanton described the medical fallout: Doctors had made his ear whole again, but he still had bullet fragments in his head that they decided were too risky to remove, and he suffered occasional seizures.

    It was time for the cross-examination from White’s attorney, Roland Brown, a veteran defense lawyer with a bearish build and assured manner. After a few perfunctory niceties toward the shooting victim, he needled Clanton, asking whether he had been drunk or high when the shooting occurred, asking if he was really sure it was White whom he had followed off the porch.

    Clanton bridled. “I know exactly who shot me,” he said. “I have to deal with this every day. We were all best friends. I didn’t know he was feeling some kind of way toward me.”

    As a kid growing up in Baltimore, Clanton’s eighth-grade social-studies teacher was Ed Burns, the homicide detective-turned-teacher who was a co-creator of “The Wire,” alongside David Simon. On “The Wire,” Clanton played Savino Bratton, who appeared in Season One as an enforcer for drug kingpin Avon Barksdale and then in Season Five working for successor kingpin Marlo Stanfield. In that season, Savino joined others in the Stanfield crew in hunting for legendary stick-up man Omar Little, before being fatally shot by Little.

    On “We Own This City,” Clanton has switched sides. He’s now playing a police officer, Brian Hairston, who is not shy about challenging untoward behavior by fellow officers. In the first episode, he is with Danny Hersl, a notoriously rough officer, when Hersl gratuitously beats up a suspect. “Look, I’m canceling that jail wagon and calling for a fucking ambulance,” Hairston tells Hersl angrily.

    “What the fuck?” Hersl says. “Throw a Band-Aid on him in Central Booking. He’s all right.”

    “You banged him, Hersl,” Hairston says. “Fuck if I’m going to have him dumped in a jail van bleeding and have Marilyn Mosby indict my ass.”

    Mosby is the Baltimore state’s attorney who, in May 2015, brought charges against six of the officers involved in the arrest and transport of Freddie Gray. (Gray died, his spinal cord nearly severed, seven days after being moved, shackled and unbuckled, in a police van.) None of those charges resulted in conviction, but they loom over the events portrayed in “We Own This City.” They are cited repeatedly as the excuse used by many cops in deciding to hang back on the job, even as violence surged to unprecedented levels following the riots after Gray’s death.

    That general apathy, in turn, is cited as the reason why the officers of the unit at the heart of the corruption scandal, the Gun Trace Task Force, were given such a long leash. “Simply put, Hersl and guys like him get out of their cars and they make arrests,” a judge says in the first episode. “And that’s more than you can say about too many police in this city who are collecting a paycheck.” Or as Sgt. Wayne Jenkins, the head of the corrupt unit when it reached its apex of depravity — stealing hundreds of thousands of dollars, planting drugs and guns on suspects, filing wildly fraudulent overtime claims — puts it in the fourth episode: “As long as we produce, as long as we put those numbers up, they don’t fucking give a shit about what we do. We can do whatever the fuck we want.”

    That aura of haplessness around the Police Department has lingered since the scandal was exposed, as the city’s homicide rate has remained elevated at the levels it spiked to after the protests over Gray’s death. So it was hardly surprising that Brown, White’s defense lawyer, tried to capitalize on that perception of the police in trying to bring us jurors over to his side. He wasn’t trying to get us to disbelieve the police because they were untrustworthy; rather he was trying to get us to dismiss the evidence because it was the result of inadequate effort.

    He grilled the lead detective on the case, Anthony Forbes, over his failure to find witnesses to the shooting. Why had he not tried harder to canvass that block of Eierman? Was it because he was too “starstruck” by Clanton and thus willing to go simply on his word?

    Brown also took that tack to try to dismiss a seemingly damning piece of evidence that came up during the prosecutor’s questioning of the detective, a phone call on a recorded jailhouse line one day after the shooting from an incarcerated 20-year-old man named Darian White to the man that the detective said was his father, Domonic White. Why, Brown asked, had he not gone to the Division of Vital Records to confirm that Darian was the son of Domonic? Brown did not offer evidence to suggest that the two Whites were not related. The intent was simply to raise doubt and to underscore that Forbes and his fellow officers were lazy clock-punchers.

    We got to hear the phone call the next day. It was scratchy, but I could make out a father telling his incarcerated son that “shit got ugly yesterday,” which is why he was going to have to “turn myself in” or let the police come get him. He also expressed affection and concern for his son and told him that “I was getting ready to go a different route” the day before but that his son had been “on my mind.” “That’s the only reason I didn’t do it,” the father said.

    It was the defense’s turn to call its only witness, Mark Pratt. (Domonic White himself would not testify in his own defense.) Pratt was a longtime friend of White’s and a cousin of his fiancee. Pratt was hanging out with White at a small shopping plaza before the shooting, as security camera footage showed, and then drove behind him to Eierman to buy marijuana for an NFL draft-watching gathering.

    He offered a completely different account than had Clanton. There was no tension between Clanton and White, he testified. Instead, what happened was this: As the group on Eierman was getting ready to split up, two young men in black face masks appeared from the alley to the left, coming from the southwest, and approached Clanton. One of them shot him, and when the police came, the pair ran back the way they had come, down the alley to the southwest.

    The prosecutor, Veronica Colson, challenged Pratt over why he had not mentioned these two young men when asked by the police at the scene if he had seen anything, and why he had also not come forward about them after he heard that his good friend had been charged in the shooting a month later. She did not challenge a factual contradiction between his account and that of Stewart, the responding officer: that the man with the gun had run up the alley to the right, to the northeast, in the opposite direction of what Pratt was now offering.

    The details of the gunman’s alley escape became more relevant in Colson’s closing argument, when she played for the first time some additional security-camera footage showing White emerging (with no gun visible), about 30 seconds after the shooting, from the other end of the alley — consistent with the police account — and strolling off across Belair Road.

    In his closing argument, Brown began by reminding us that Clanton was an actor, seeking to raise doubts about the veracity of his testimony. And he zeroed in again on the corner-cutting in the police investigation. “Were you impressed by the shooting detective?” he said.

    There is a moment in jury selection in Baltimore where the judge asks the assembled citizens if any of them has been a victim of gun violence or has an immediate family member who has been a victim of it, or has a family member who has been charged with gun violence. Invariably, more than a third of the people stand up.

    I’ve been stunned by this moment every time I’ve seen it, even though I shouldn’t have been, because the response is in line with what you would expect from the numbers. Since the start of 2013, when I returned to Baltimore for my second stint living in the city, there have been 2,916 people murdered there, and more than twice as many have been wounded in nonfatal shootings. This is in a city whose population has fallen from 621,000 to 585,000 over that time. The toll is even more concentrated if considered through the lens of neighborhoods and race. The Black share of Baltimore’s population is 63%; the Black share of the city’s homicide victims is typically over 90%.

    So overwhelming is the response to that question that answering yes is not disqualifying for service. Instead, Judge Charles Blomquist called each person who answered in the affirmative up to the bench to talk with him and the lawyers about how the experience might inform their perspective as jurors. The same went for another screening question, about whether our views of the police would keep us from being impartial in weighing their testimony.

    The jury selected for White’s trial was not racially proportionate to the city, as is often the case in a city where so many Black citizens are disqualified from service for past criminal history. Eight of the 12 of us were white, alongside three Black women and one Puerto Rican woman. This stood in contrast to the major players in the trial: the defendant, victim, both lawyers and three police officers called to the stand were all Black.

    It did not take long after we ascended to start our deliberations, though, to discover that there was a whole different level of diversity when it came to a task like this. Baltimore is an overwhelmingly progressive Democratic city, a place that voted 87% for Joe Biden in 2020. But perspectives range widely when it comes to the local issue that most consumes public attention — public safety — and that range does not break down neatly along racial or class lines.

    Soon after we got started, five jurors made clear that they had serious doubts about the prosecution’s case. They didn’t find Clanton credible. Several noted that he was, after all, an actor, while several others said that he wasn’t being candid about whatever beef had fueled White’s anger, or that they simply didn’t like how he had come across. “He was arrogant and braggadocious,” said one of three young white women on the jury. “I didn’t buy his act.”

    Above all, though, they wanted more evidence, and for this these jurors blamed the police. Why had the police been unable to recover a gun? Why had the detective not tried harder to find other witnesses? Heck, why had the police not tried harder to catch the shooter in the first place? “If I’m going to be involved in sending someone to jail for a long time, I’m going to need hard evidence,” said the one Black woman who was inclined to acquit.

    The skeptical jurors were not suggesting they did not trust what the police were saying. Rather, they were adopting the critique offered by the defense: They were criticizing the police for not having done their job better. It was a striking dynamic, given that this may have been one of the rare cases where the presence of cops likely saved a man’s life. But it fit with the dynamic described on “We Own This City” — a department succumbing to indifference and thus lackluster at doing its job, whether for reasons of self-pity or self-protection.

    This was the local context for the jurors’ reluctance to convict White. But it nonetheless startled several members of the jury who were convinced of his guilt, a group that included the two other Black women on the panel. Members of this group kept coming back to the main pieces of evidence: the victim’s testimony, which was seemingly corroborated by the responding officer’s account of the gunman’s flight into the alley; the camera footage of White emerging from that alley; and the recorded jailhouse phone call. Wasn’t that enough?

    By day’s end, it wasn’t, and we headed home.

    Never had I been more depressed in my work as a reporter than when covering the Gun Trace Task Force trial, in 2018, for an article that examined the broader unraveling of order in Baltimore. The cause of the despair was the impunity that the trial had laid bare, that the officers had for years been able to operate in a world where nothing mattered, in a moral void.

    I was thinking again about impunity at home after our inconclusive deliberations. A man had been shot in the ear in the presence of his 5-year-old son, one of 728 nonfatal shootings in the city in 2021. Baltimore police generally solve only a fifth to a quarter of nonfatal shootings, and the state prosecutes only a subset of that subset. In this case, though, the person who had very nearly been killed in the shooting had decided to give a name to the police. This was not an easy thing to do in this city, and even more difficult was then having to come to court with the former longtime friend whom he had identified as his attacker sitting just a few feet away, and tell the story again, to an appraising jury and aggressive defense lawyer.

    The next morning, back in the jury room, I tried, haltingly, to articulate my thoughts about Clanton’s decision to testify and the weight it seemed to deserve, given the difficulty in taking that step and the other evidence that corroborated his account.

    But the jury was still stuck in the same divide it had been in the previous day. With seemingly little to gain from more discussion, we watched more of the camera footage from along Belair Road, which served the purpose of raising additional questions about the account provided by Mark Pratt, which did not match up with it in several respects.

    Still, several jurors were reluctant to accept Clanton’s version. The Black woman inclined to acquit offered personal background to explain why she was not willing to take Clanton’s account at face value: When she had tried to break up with a boyfriend, he had cut himself badly and told the police that his girlfriend did it to him; she had been charged in the incident, she said, and exonerated only after she taped a call from him admitting to the ruse.

    A young white man inclined to acquit pushed back at a couple of the jurors favoring conviction who thought it was suspicious that White had not returned for his phone and his fiancee’s car after the shooting. If you’re a Black man in Baltimore with a history of encounters with the police, he said, you may decide to stay away even if you were not involved. And the Puerto Rican woman on the jury kept coming back to the failure of the police to provide additional evidence to buttress Clanton. “The police need to step it up,” she said. “The police had a job to do.”

    The insistent demand for more evidence, particularly more witness testimony, provoked one of the two Black women who were inclined toward conviction. Speaking up for the first time, she related her own story: Nearly three decades ago, she had been shot in the back on the street by two stray bullets fired by a 14-year-old boy. She had barely survived, and the effects of her injuries lingered to this day. But no one on the crowded street had been willing to identify the shooter, she said. The whole experience left her with a visceral grasp of why no one else from Eierman had come forward to back up Clanton. “No one would come testify for me,” she said.

    By noon, I sent a note to the judge asking what to do if we couldn’t reach a decision. He summoned us to the courtroom and told us to keep going. After lunch, we did. Even more talked-out by this point, we decided to play the recording of the jailhouse call one more time.

    With each replaying, we were able to make out more of the scratchy exchange. We heard the father on the call accepting that he would have to face some consequences for what had happened the day before. “What comes out of that, it is what it is,” he said. “I know I’m going to have to sit for a little bit.” We heard him elaborating on why he had not gone a “different route” during the incident, out of a desire not to spend many more years separated from his son. “I’m going to keep it a thousand with you,” he said.

    Somehow, hearing the call yet again, and being able to make out more of it, had an effect on several of the jurors who had been inclined to acquit. The conversation drifted to the various charges and the distinctions between them: In addition to attempted murder, White was also charged with first-degree assault, reckless endangerment and various firearm-related offences. It became clear that several of the jurors inclined to acquit White for attempted murder were more willing to entertain his guilt for first-degree assault. As they saw it, there were still enough questions about what transpired between the two men that they couldn’t conclude that White had actually been trying to kill Clanton. But they could accept that he had done him great harm.

    One by one, the five jurors who had started out with major doubts about the prosecution’s case came around to conviction for first-degree assault and the lesser charges. At about 4 p.m., we let the judge know we had reached a verdict. As we waited to be called down, there was sudden levity in the room, an unspoken sense that after veering close to a rupture, we had managed to come together.

    We filed downstairs, to a courtroom that was fuller than it had been at any point in the trial, though there was no sign of Clanton himself. I gave the verdict on each of the charges. White and his lawyer, Brown, reacted with restrained displeasure. We dispersed with barely a word; the camaraderie was left upstairs. But out on the street, I saw the juror who said she had been framed by her boyfriend, sitting on a bench awaiting a westbound bus. I got her attention, and we exchanged a nod and smile.

    And that was it. It was early May in Baltimore, the most beautiful time of year in the city. There had by that point been 116 homicides so far in 2022, up 15% from the year before. The following week, a man with an assault rifle would fire 60 rounds on a block in East Baltimore while killing another man and injuring three others. A couple days after that, a pregnant woman would be killed alongside the father-to-be, who would be left in critical condition. A day after that, a high school junior would be fatally shot at an after-prom party.

    And two weeks after that, a man accused of fatally shooting the widely admired co-founder of the city’s violence-interrupter program, Safe Streets, would be acquitted of murder, despite having been found with the gun used in the killing and despite cellphone data putting him in the area. “Not enough evidence,” said one juror afterward.

    It was a refrain I had heard on the White jury, too. But our jury had something that the latest jury did not: a victim alive and willing to testify.

    Do You Have a Tip for ProPublica? Help Us Do Journalism.


    This content originally appeared on Articles and Investigations - ProPublica and was authored by by Alec MacGillis.

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    Tahitian pro-independence leader Temaru detained over funding https://www.radiofree.org/2022/05/26/tahitian-pro-independence-leader-temaru-detained-over-funding/ https://www.radiofree.org/2022/05/26/tahitian-pro-independence-leader-temaru-detained-over-funding/#respond Thu, 26 May 2022 22:15:39 +0000 https://asiapacificreport.nz/?p=74707 RNZ Pacific

    French Polynesia’s pro-independence leader and mayor of Faa’a, Oscar Temaru, has been held for questioning over the funding of his defence in a 2019 trial.

    Tahiti-infos reports that he and deputy mayor Robert Maker were questioned for six hours.

    This comes amid an investigation into alleged abuse of public funds because the Faa’a Council had paid for Temaru’s defence.

    He had been convicted of exerting undue influence and was given a suspended prison sentence as well as a US$50,000 fine.

    The conviction will be appealed and is due to be heard in court in August.

    As part of the probe into the defence spending in 2020, the prosecution ordered the seizure of Temaru’s personal savings of US$100,000.

    The investigation is now under the control of a special trans-regional jurisdiction in Paris specialising in financial fraud, since the start of 2022, due to the complexity of the case.

    This article is republished under a community partnership agreement with RNZ.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    Subpoena withdrawn for former NYT reporter in trial of Clinton campaign lawyer https://www.radiofree.org/2022/05/26/subpoena-withdrawn-for-former-nyt-reporter-in-trial-of-clinton-campaign-lawyer/ https://www.radiofree.org/2022/05/26/subpoena-withdrawn-for-former-nyt-reporter-in-trial-of-clinton-campaign-lawyer/#respond Thu, 26 May 2022 19:16:22 +0000 https://pressfreedomtracker.us/all-incidents/dc_sussmann-trial_lichtblau_subpoena_04-2022/

    As part of a trial involving a former Hillary Clinton campaign lawyer, a subpoena demanding testimony from a former New York Times reporter was submitted in April 2022 then withdrawn on May 24, legal counsel for the Times confirmed to the U.S. Press Freedom Tracker in an email.

    According to the Times, the subpoena called for Eric Lichtblau to testify in the trial of Michael Sussmann, who was charged with making false statements to the FBI in 2016 in his role as a Clinton campaign attorney.

    Prosecutors say that Sussmann met with former FBI General Counsel James Baker and shared information about data that allegedly linked the Trump Organization to Alfa Bank, a Russian bank affiliated with the Kremlin.

    Prosecutors say Sussmann wanted to prompt an FBI investigation into the connection so that journalists could report on it. Sussmann’s defense team says he approached the FBI to notify them that an article was already underway.

    Lichtblau, then a reporter for the Times, co-authored an article in October 2013, six weeks after Sussmann met with the FBI, noting that officials had not been able to confirm a clear link between the Trump Organization and Alfa Bank.

    Fox News reported that before the defense lawyers withdrew the subpoena, Lichtblau had initially agreed to testify during the trial but then filed a protective order to limit testimony to only interactions between him and Sussmann and bar any questions about other sources.

    According to the Times, Lichtblau’s testimony could have “shed light on what he told Mr. Sussmann regarding how soon an article might be published before he sought the F.B.I. meeting.”


    This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

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    ‘Resounding Victory’: Court Rules Exxon Must Face Trial Over Climate Lies https://www.radiofree.org/2022/05/25/resounding-victory-court-rules-exxon-must-face-trial-over-climate-lies/ https://www.radiofree.org/2022/05/25/resounding-victory-court-rules-exxon-must-face-trial-over-climate-lies/#respond Wed, 25 May 2022 14:04:51 +0000 https://www.commondreams.org/node/337146
    This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Kenny Stancil.

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    Sussmann Trial: Mook Outs Clinton as “Russiagate” Shot-Caller https://www.radiofree.org/2022/05/25/sussmann-trial-mook-outs-clinton-as-russiagate-shot-caller/ https://www.radiofree.org/2022/05/25/sussmann-trial-mook-outs-clinton-as-russiagate-shot-caller/#respond Wed, 25 May 2022 08:11:13 +0000 https://www.counterpunch.org/?p=244541 “The trial of former Clinton campaign attorney Michael Sussmann crossed a critical threshold Friday (May 20),” Jonathan Turley writes at The Hill, “when a key witness uttered the name ‘Hillary Clinton’ in conjunction with a plan to spread the false Alfa Bank Russian collusion claim before the 2016 presidential election.” The witness: Robby Mook, who managed More

    The post Sussmann Trial: Mook Outs Clinton as “Russiagate” Shot-Caller appeared first on CounterPunch.org.


    This content originally appeared on CounterPunch.org and was authored by Thomas Knapp.

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    Shandong activist incommunicado as veteran dissident Xu Qin is held without trial https://www.rfa.org/english/news/china/activist-trial-05242022120339.html https://www.rfa.org/english/news/china/activist-trial-05242022120339.html#respond Tue, 24 May 2022 16:34:40 +0000 https://www.rfa.org/english/news/china/activist-trial-05242022120339.html As U.N. human rights chief Michelle Bachelet continued her visit to China on Tuesday, friends of Shandong rights activist Li Yu said she has been incommunicado in recent days, and may have been detained.

    Li, whose rights activism started when she tried to win redress through petitioning for the loss of her home and farmland, hasn't responded to large numbers of messages via social media, and her account has been blocking friends without any explanation, her Los Angeles-based friend Jie Lijian told RFA.

    "People from the petitioner community back home in China who were close to her haven't been able to reach her," Jie said. "We can't reach her either, not on WeChat, and her phone is constantly turned off."

    "We are worried that Li Yu could have been illegally detained by the authorities again, kidnapped or placed under house arrest in a secret detention facility, ostensibly because of disease control and prevention," Jie said.

    "It's hard to tell, because she has been cut off from all of us."

    Jie said Li has likely been detained, however, because she once told him that if she didn't reply to his messages, it would be because she was under police surveillance or in detention.

    A fellow petitioner from the northeastern province of Liaoning, Jiang Jiawen, said she hadn't been able to get any response from Li either.

    "I can't get in contact with her, and I have tried every channel," Jiang told RFA.

    A call to Li's cell phone resulted in an electronic message saying: "The number you have dialed is not in use. Please check and try again."

    Li is no stranger to harassment and detention by the authorities, and has already served two jail terms totaling six years for publicly commemorating the 1989 Tiananmen massacre.

    At the time she went incommunicado, she was living at her mother's home in Zaozhuang, Sichuan, and was under close surveillance by the authorities.

    U.N. human rights chief Michelle Bachelet (2nd, left) meets with Chinese officials on her second day of a key visit to China. Credit: OHCHR Twitter.
    U.N. human rights chief Michelle Bachelet (2nd, left) meets with Chinese officials on her second day of a key visit to China. Credit: OHCHR Twitter.
    'Picking quarrels and stirring up trouble'

    Meanwhile, a court in the eastern province of Jiangsu has suspended the subversion trial of Xu Qin, a key figure in the China Rights Observer group founded by jailed veteran dissident Qin Yongmin.

    Xu had been held on suspicion of "picking quarrels and stirring up trouble," a public order charge typically used in the initial detention of activists and peaceful critics of the ruling Chinese Communist Party (CCP).

    She had been a vocal supporter of a number of high-profile human rights cases, including that of detained human rights lawyer Yu Wensheng.

    The Yangzhou Intermediate People's Court said in an April 22 ruling that the trial had to be suspended "due to unavoidable circumstances," but gave no further details.

    However, Xu's husband Tang Zhi said he wasn't informed of the decision until a month later.

    He said a lawyer had told him that the trial had been suspended at the behest of state security police, which he believes was the result of Xu's refusal to plead guilty or "confess" to the charges against her.

    "This has been postponed again and again; this is the sixth time now," Tang said.

    He said that Xu's defense lawyer had been targeted for harassment by state security police after she insisted on defending her not guilty plea.

    "The state security police drove to the lawyer's law firm and spoke to the director, trying to get her to drop the case, and for her to be fired if she insisted on defending it," Tang said.

    A member of Xu's Rose China, a sister group to the China Rights Observer, said the suspension of the trial didn't mean the case had been dropped.

    "The point of suspending the trial is to keep [her] in detention, rather than to conclude the case," the member, who declined to be named, told RFA. "It looks as if she is being held in long-term detention, but with no conclusion [to the case]."

    Quoting Xi to Bachelet

    Xu, 60, is currently being held at the Yangzhou Detention Center, where she has been on hunger strike in protest at the loss of letter-writing and receiving privileges, and a months-long ban on meetings with her lawyer.

    "She didn't see her lawyer between Nov. 5, 2021 and Feb. 17 this year, and only then because she went on hunger strike to fight for her rights," the Rose China member said.

    Hundreds of rights organizations have expressed concern that Bachelet's visit to China will result in her whitewashing the CCP's human rights abuses.

    Bachelet was presented with a selection of writings on human rights authored by CCP leader Xi Jinping on her arrival in the southern province of Guangdong on Monday.

    Foreign minister Wang Yi quoted sections from the writings to Bachelet, saying China's approach to human rights should work for the rest of the world, and that dialogue on the subject shouldn't be "politicized" or make use of "double standards."

    Foreign ministry spokesman Wang Wenbin said the visit is expected to "enhance mutual understanding and cooperation, as well as to clarify misinformation," in an apparent reference to Beijing's claim that the mass incarceration of Uyghurs in Xinjiang and related policies aren't a form of targeted totalitarian repression or genocide, as described by the U.S. and international rights groups.

    Bachelet's official Twitter account said merely: "We will be discussing sensitive, important human rights issues, and I hope this visit will help us work together to advance human rights in China and globally."

    Former 1989 student leader Zhou Fengsuo and founder of the rights group Humanitarian China said he hadn't expected much from the U.N.

    "The bigger the institution, the more it is controlled by the CCP," Zhou told RFA. "It's really outrageous to see Bachelet ... not protesting at all, and happy to receive such nonsense from the dictator Xi Jinping."

    "This basically reflects the essence of her trip to China: it is to cooperate with the Chinese government to put on a show ... it reflects the systemic corruption at the U.N.," he said.

    "We call on Bachelet to really listen to the situation of political prisoners such as Wang Bingzhang, Gao Zhisheng, Xu Zhiyong, and Zhang Zhan, and of course, check out the locations of the concentration camps in Xinjiang, where many people are locked up," Zhou said.

    "That's what a human rights commissioner should do. I've never seen her commit to that, and it's really reprehensible," he said.

    Chen Guiqiu, wife of detained human rights lawyer Xie Yang, Luo Shengchun, wife of detained lawyer Ding Jiaxi, and Shi Minglei, wife of NGO worker Cheng Yuan, sent a joint letter to Bachelet, calling on her to pressure Beijing for their release, as well as raising the cases of Li Qiaochu, Xu Zhiyong, lawyer Chang Weiping, Guo Feixiong, Tang Jitian and others.

    "The defenders we list have ... been detained by the Chinese government for the sake of promoting democracy and progress in society," Chen said. "These people are the hope of society; they represent justice, and its conscience."

    Translated and edited by Luisetta Mudie.


    This content originally appeared on Radio Free Asia and was authored by By Gao Feng, Sun Cheng, Yitong Wu and Chingman.

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    Ukrainian Court Sentences Russian Soldier To Life Imprisonment In First War Crimes Trial https://www.radiofree.org/2022/05/23/ukrainian-court-sentences-russian-soldier-to-life-imprisonment-in-first-war-crimes-trial/ https://www.radiofree.org/2022/05/23/ukrainian-court-sentences-russian-soldier-to-life-imprisonment-in-first-war-crimes-trial/#respond Mon, 23 May 2022 17:10:17 +0000 http://www.radiofree.org/?guid=775139ebf4b6c8f276c88ba1e28bddc5
    This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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    Widow Confronts Russian Soldier Who Killed Her Husband At War Crimes Trial https://www.radiofree.org/2022/05/20/widow-confronts-russian-soldier-who-killed-her-husband-at-war-crimes-trial/ https://www.radiofree.org/2022/05/20/widow-confronts-russian-soldier-who-killed-her-husband-at-war-crimes-trial/#respond Fri, 20 May 2022 16:31:08 +0000 http://www.radiofree.org/?guid=5abe82aa512bb337428647fda14487f3
    This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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    Draft Overturning Roe v. Wade Quotes Infamous Witch Trial Judge With Long-Discredited Ideas on Rape https://www.radiofree.org/2022/05/06/draft-overturning-roe-v-wade-quotes-infamous-witch-trial-judge-with-long-discredited-ideas-on-rape/ https://www.radiofree.org/2022/05/06/draft-overturning-roe-v-wade-quotes-infamous-witch-trial-judge-with-long-discredited-ideas-on-rape/#respond Fri, 06 May 2022 17:50:00 +0000 https://www.propublica.org/article/abortion-roe-wade-alito-scotus-hale#1325809 by Ken Armstrong

    ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

    When U.S. Supreme Court Justice Samuel Alito, in a draft opinion obtained and published this week by Politico, detailed his justifications for overturning Roe v. Wade, he invoked a surprising name given the case’s subject. In writing about abortion, a matter inextricably tied to a woman’s control over her body, Alito chose to quote from Sir Matthew Hale, a 17th-century English jurist whose writings and reasonings have caused enduring damage to women for hundreds of years.

    The so-called marital rape exemption — the legal notion that a married woman cannot be raped by her husband — traces to Hale. So does a long-used instruction to jurors to be skeptical of reports of rape. So, in a way, do the infamous Salem witch trials, in which women (and some men) were hanged on or near Gallows Hill.

    Hale’s influence in the United States has been on the wane since the 1970s, with one state after another abandoning his legal principles on rape. But Alito’s opinion resurrects Hale, a judge who was considered misogynistic even by his era’s notably low standards. Hale once wrote a long letter to his grandchildren, dispensing life advice, in which he veered into a screed against women, describing them as “chargeable unprofitable people” who “know the ready way to consume an estate, and to ruin a family quickly.” Hale particularly despaired of the changes he saw in young women, writing, “And now the world is altered: young gentlewomen learn to be bold” and “talk loud.”

    An excerpt from Hale’s “Letter of Advice.” (Via Google Books)

    Hale became Lord Chief Justice of England in 1671. In his time (Hale’s contemporaries included Oliver Cromwell and Charles II), Hale was a respected, perhaps even venerated, jurist known for piety and sober judgment. He wrote a two-volume legal treatise, “The History of the Pleas of the Crown,” that has proved influential ever since.

    Alito, in his draft opinion, invokes “eminent common-law authorities,” including Hale, to show how abortion was viewed historically not as a right, but as a criminal act. “Two treatises by Sir Matthew Hale likewise described abortion of a quick child who died in the womb as a ‘great crime’ and a ‘great misprision,’” Alito wrote.

    Even before “quickening” — defined by Alito as “the first felt movement of the fetus in the womb, which usually occurs between the 16th and 18th week of pregnancy” — Hale believed an abortion could qualify as homicide. “Hale wrote that if a physician gave a woman ‘with child’ a ‘potion’ to cause an abortion, and the woman died, it was ‘murder’ because the potion was given ‘unlawfully to destroy her child within her,’” Alito wrote.

    Courts have long leaned on precedents established by old cases and the scholarship of legal authorities from centuries gone by. But what happens when you trace citations back to their ancient source? In Hale’s case, you sometimes find a man conceiving precepts out of thin air. Other times it was the opposite, as he clung to notions that were already becoming anachronistic in the last half of the 17th century.

    Consider the marital rape exemption. In “Pleas of the Crown,” Hale wrote, “The husband cannot be guilty of a rape committed by himself upon his lawful wife for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto her husband which she cannot retract.” So, according to Hale, marriage, for a woman, amounts to contractual forfeit, in which she loses legal protection or recourse should her husband sexually assault her.

    Hale’s pronouncement became the accepted common law and served as foundation in the United States for immunizing a husband accused of raping his wife. And where did Hale’s pronouncement come from? What did he base it upon? Who knows? “Hale appears to have been the first to articulate what later would become an accepted legal principle, that a husband cannot be charged with raping his wife,” according to a footnote in one law review article. Another law review article, titled “The Marital Rape Exemption: Evolution to Extinction,” called Hale’s pronouncement “an unsupported, extrajudicial statement” lacking in authority.

    Starting in the 1970s, states began to abandon the marital rape exemption, in whole or in part. In 1981, the Supreme Court of New Jersey wrote that it could find no support for Hale’s proposition among earlier writers. Hale’s declaration, the court found, “cannot itself be considered a definitive and binding statement of the common law, although legal commentators have often restated the rule since the time of Hale without evaluating its merits.” In 1984, the Supreme Court of Virginia wrote: “Hale's statement was not law, common or otherwise. At best it was Hale's pronouncement of what he observed to be a custom in 17th century England.” The Virginia court went on to note, “Moreover, Hale cites no authority for his view nor was it subsequently adopted, in its entirety, by the English courts.”

    Like the marital rape exemption, the so-called Hale Warning to jurors caused centuries of misfortune in the American courts.

    In “Pleas of the Crown,” Hale called rape a “most detestable crime.” Then, in words quoted many times since, he wrote, “It must be remembered, that it is an accusation easy to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent.”

    Hale evoked the fear of the false accuser — and made for that fear a legal frame, which lasted for more than 300 years. In weighing the evidence in cases of alleged rape, jurors (all men, in Hale’s time and for long after) needed to consider a series of factors, Hale wrote. Did the woman cry out? Did she try to flee? Was she of “good fame” or “evil fame”? Was she supported by others? Did she make immediate complaint afterward?

    Hale’s words and formulation became a standard feature of criminal trials in the United States, with jurors instructed by judges to be especially wary of allegations of rape. The effect was predictable: Charges of rape were frequently rejected. In the United States, one early example was chronicled by historian John Wood Sweet in his soon-to-be-published book, “The Sewing Girl’s Tale.” (I was allowed to read an advance copy.)

    In 1793, in New York City, an aristocrat, Henry Bedlow, was accused of raping a 17-year-old seamstress, Lanah Sawyer. Bedlow hired six lawyers, including a future U.S. Supreme Court justice, who used Hale’s framework to destroy Sawyer. Sawyer said she screamed. But, one attorney asked the jury, did she also stamp her feet? Witnesses spoke of Sawyer’s good fame, according to the trial record. But “she may have had the art to carry a fair outside, while all was foul within,” the same attorney argued. “Ultimately, the defense team’s dizzying effort to dispute and distort reality had been part of a relentless effort to transform a young woman who mattered into one who didn’t,” Sweet wrote. The jury took 15 minutes to acquit.

    Starting in the 1970s and 1980s, courts in the United States began moving away from instructing juries with Hale’s admonition to be particularly skeptical of rape claims. The repudiation of Hale became so complete that when a Maryland lawmaker, in 2007, invoked Hale’s words in a state legislative hearing, it was met with “outrage,” according to the Washington Post.

    Despite those legal changes, the fear of the false rape accuser still persists in the justice system, at times leading to horrendous outcomes. I began researching Hale when writing, with T. Christian Miller, “An Unbelievable Story of Rape,” published by ProPublica and the Marshall Project. The story reconstructs what happened when a young woman in Lynnwood, Washington, reported being raped. We later expanded the story into a book, “Unbelievable,” in which we described Hale’s influence in rape cases at greater length. (The story also became a Netflix series.)

    Then there was Hale’s role in what today is synonymous with the perversion of justice: witch trials.

    In 1662, Hale presided at a jury trial in Bury St. Edmunds in which two women, Amy Denny and Rose Cullender, were accused of being witches. In a book on this case, “A Trial of Witches,” authors Ivan Bunn and Ivan Bunn and Gilbert Geis wrote that by 1662, “belief in witches was in retreat in England.” Hale, however, was not part of that retreat. He believed witches were real. “Hale represented not a mainstream position but rather one rapidly becoming anachronistic,” Bunn and Geis wrote.

    What’s more, Hale instructed the jurors that witches were real. A written record of the trial recounts what Hale told them: “That there were such creatures as witches he made no doubt at all; for first, the scriptures had affirmed so much. Secondly, the wisdom of all nations had provided laws against such persons, which is an argument of their confidence of such a crime.”

    The jury convicted Denny and Cullender, after which Hale sentenced both women to hang. (Four years before, Hale had also sentenced to death another woman convicted of being a witch.)

    Hale’s influence, once again, extended beyond the immediate case and his time. Thirty years later, his handling of the trial in Bury St. Edmunds, preserved in written record, served as a model in Salem, Massachusetts, in the infamous witch trials in 1692. “Indeed, the Salem witch-hunts might not have taken place if there had not been a trial at Bury St. Edmunds: the events at Salem notoriously imitated those at Bury,” Bunn and Geis wrote.

    Hale is known mostly for his legal treatises. But his views toward women are perhaps best revealed in a letter he wrote to his grandchildren, titled “Letter of Advice.” (In a twitter thread this week I said Hale’s letter was 182 pages long. I may have understated it. I’ve since found a version online that goes on for 206 pages.)

    The title page of Hale’s letter. (Via Google Books)

    In this letter, Hale prescribes individualized counsel for three granddaughters.

    Mary, he wrote, possessed great wit and spirit, and “if she can temper the latter, will make an excellent woman, and a great housewife; but if she cannot govern the greatness of her spirit, it will make her proud, imperious, and revengeful.”

    Frances, he wrote, possessed great confidence: “If she be kept in some awe, especially in relation to lying and deceiving, she will make a good woman and a good housewife.”

    Ann, he wrote, possessed a “soft nature.” “She must not see plays, read comedies, or love books or romances, nor hear nor learn ballads or idle songs, especially such as are wanton or concerning love-matters, for they will make too deep an impression upon her mind.”

    Hale complained in his letter that young women “make it their business to paint or patch their faces, to curl their locks, and to find out the newest and costliest fashions.” And with that, he was just getting started. Hale followed with a 160-word sentence that is a marvel in its depth of disdain.

    “If they rise in the morning before ten of the clock, the morning is spent between the comb, and the glass, and the box of patches; though they know not how to make provision for it themselves, they must have choice diet provided for them, and when they are ready, the next business is to come down, and sit in a rubbed parlour till dinner come in; and, after dinner, either to cards, or to the exchange, or to the play, or to Hyde Park, or to an impertinent visit; and after supper, either to a ball or to cards; and at this rate they spend their time, from one end of the year to the other; and at the same rate they spend their parent’s or husband’s money or estates in costly clothes, new fashions, chargeable entertainments: their home is their prison, and they are never at rest in it, unless they have gallants and splendid company to entertain.”

    Some observers have been taken aback that Alito referenced Hale. But not everyone was surprised. Eileen Hunt, a Notre Dame political science professor who has written extensively about Mary Wollstonecraft, author of the path-breaking 1792 treatise “A Vindication of the Rights of Woman,” tweeted:

    “It is a truth universally acknowledged that a conservative Supreme Court justice will cherry-pick an Enlightenment-era man as a timeless authority on reproductive rights but ignore #Wollstonecraft’s pivotal philosophical views on women, mothering, and the sexual double standard.”


    This content originally appeared on Articles and Investigations - ProPublica and was authored by by Ken Armstrong.

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    Cambodian activist dresses up as “Lady Justice” for trial https://www.radiofree.org/2022/05/03/cambodian-activist-dresses-up-as-lady-justice-for-trial/ https://www.radiofree.org/2022/05/03/cambodian-activist-dresses-up-as-lady-justice-for-trial/#respond Tue, 03 May 2022 21:00:11 +0000 http://www.radiofree.org/?guid=6159ac6a91131ceb8f517cb926d2ba7d
    This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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    Hong Kong falls to a new low in global press freedom index as Jimmy Lai stands trial https://www.rfa.org/english/news/china/trial-05032022154222.html https://www.rfa.org/english/news/china/trial-05032022154222.html#respond Tue, 03 May 2022 19:51:43 +0000 https://www.rfa.org/english/news/china/trial-05032022154222.html Hong Kong has plummeted to 148th on a global press freedom index, as authorities in the city took the now-shuttered pro-democracy Apple Daily newspaper to court for "fraud."

    Paris-based press freedom group Reporters Without Borders (RSF) said the city's fall down the index by 68 places was the biggest of the year, and comes amid an ongoing crackdown on the pro-democracy media under a draconian national security law imposed by Beijing from July 1, 2020.

    "It is the biggest downfall of the year, but it is fully deserved due to the consistent attacks on freedom of the press and the slow disappearance of the rule of law in Hong Kong," Agence France-Presse quoted RSF's East Asia bureau chief Cedric Alviani as saying.

    "In the past year we have seen a drastic, drastic move against journalists," he added.

    The national security law was initially used to target the government's political opponents, but later turned its power onto independent media organizations, forcing the closure of Jimmy Lai's Apple Daily, parent company Next Media and Stand News.

    "Once a bastion of press freedom, [Hong Kong] has seen an unprecedented setback since 2020 when Beijing adopted a National Security Law aimed at silencing independent voices," RSF's entry on Hong Kong reads.

    "Since the 1997 handover to China, most media have fallen under the control of the government or pro-China groups," it said. "In 2021, two major independent news outlets, Apple Daily and Stand News, were forcefully shut down while numerous smaller-scale media outlets ceased operations, citing legal risks."

    It said the Hong Kong government now takes orders directly from the ruling Chinese Communist Party (CCP) in Beijing, and openly supports its propaganda effort.

    "Public broadcaster Radio Television Hong Kong (RTHK), previously renowned for its fearless investigations, has been placed under a pro-government management which does not hesitate to censor the programmes it dislikes," RSF said.

    Despite promises of freedom of speech, press and publication made under the terms of the handover to Chinese rule, the national security law could be used to target any journalist reporting on Hong Kong from anywhere in the world, it warned.

    Jailed media mogul

    As the RSF index was published on World Press Freedom Day, Lai -- who is currently serving time in jail for taking part in peaceful protests and awaiting trial under the national security law for "collusion with a foreign power" -- and former Next Media administrative director Wong Wai-keung were in court facing two charges of "fraud" linked to the use of the Next Media headquarters by a consultancy firm.

    Lai stands accused of violating the terms of the building's lease and concealing the breach from the landlord, Hong Kong Science and Technology Parks Corporation, over two decades.

    Lai, 74, appeared in court on the first day of the trial wearing headphones, leaning back with his eyes closed, appearing in good spirits as he blew a kiss to his wife.

    Lai's legal team led by Caoilfhionn Gallagher at Doughty Street Chambers filed an urgent appeal at the United Nations over "legal harassment" against him in April, saying he has been jailed simply for exercising his right to freedom of expression and assembly and the right to peaceful protest.

    His lawyers say he has been repeatedly targeted by the Hong Kong authorities with a "barrage" of legal cases, including four separate criminal prosecutions arising from his attendance at and participation in various protests in Hong Kong between 2019-2020, including most recently in relation to his participation in a vigil marking the 1989 Tiananmen massacre in Beijing, for which he received a 13-month prison sentence.

    He is currently serving concurrent prison sentences in relation to all four protest cases, while awaiting trial for "collusion with foreign powers" and "sedition" in relation to editorials published in Apple Daily.

    New host of press award

    Meanwhile, a U.S. university has said it will take over the hosting of the Human Rights Press Awards after the Hong Kong Foreign Correspondents' Club (FCC) withdrew from the event, citing legal risks under the national security law.

    The awards will now be run by the Walter Cronkite School of Journalism and Mass Communication at Arizona State University.

    "Recognizing exceptional reporting on human-rights issues is more important today than ever before, due to the many – and growing – threats to press freedom around the world," dean Battinto Batts said in a statement on the school's website.

    A former reporter for Stand News, who gave only the pseudonym Miss Chan, said she had been notified she would win an award this year.

    She said the relocation of the awards overseas didn't necessary help journalists in Hong Kong, however.

    "If the awards are able to go ahead overseas, I think Hong Kong journalists will be more worried about whether to participate in the competition or serve as judges, because they may be accused of colluding with foreign forces or incitement and so on," Chan said.

    "The situation in Hong Kong is changing too fast and it may be getting worse, so I don't know if I still have the guts to take part," she said.

    A former winner who gave only the pseudonym Mr. Cheung said the relocation was better than nothing.

    "Naturally, something is better than nothing, and there is some encouragement in that," Cheung said. "But the Human Rights Press Award can no longer exist in Hong Kong before of the huge retrograde steps being made there regarding human rights."

    "Hong Kong journalists used to know they could report on human rights issues in Hong Kong, China or elsewhere in the region," he said. "Now there's no room [for that]."

    Former Hong Kong Baptist University (HKBU) journalist professor To Yiu-ming said the awards had served as a bellwether for press freedom in the city.

    "[They] served as a benchmark for the freeom of the press in Hong Kong, and also as a bulwark protecting some press freedoms," To told RFA. "Their disintegration is also the disintegration of another pillar of Hong Kong's [former] freedoms."

    He said it is entirely possible that Hong Kong journalists will limit participation in such competitions in future, to avoid being targeted by the authorities.

    Relocated press corps

    Many of Hong Kong's former press corps have already relocated, changing jobs and country in a bid to escape the repercussions of the new regime.

    "I've been here for three months," former Ming Pao journalist Leung Ming-hung told RFA in the northern English city of Manchester. "I now working as a self-employed traffic warden. It's my job to give out parking tickets."

    "The work's not difficult and the salary isn't bad, but I feel that the work is ... completely meaningless compared with my previous life," Leung said. "I feel as if I no longer have any purpose in life: I'm just getting by."

    Leung said he left Hong Kong after the authorities started targeting people under the national security law.

    "I didn't expect that after I got here, my emotional state would be even worse than when I was in Hong Kong," he said. "I haven't been able to switch off who I was in Hong Kong ... for example, when the bank robbery happened yesterday, I kept thinking about how I would shoot it."

    "I have so much nostalgia left for Hong Kong; it's like I have been unable to leave [that life] behind."

    Leung said he thinks press freedom in Hong Kong will continue to deteriorate.

    "The government is already talking about ... a fake news law, so there'll be a lot of things you can't report on, or which will carry consequences if you do report them," he said. 
    "I think we'll see a lot more immigrants when things get worse than they are now."

    Translated and edited by Luisetta Mudie.


    This content originally appeared on Radio Free Asia and was authored by By Cheryl Tung, Chen Zifei, Yu Fat and Lu Xi.

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    CPJ condemns additional trial delay for the alleged killers of Brazilian journalist Valério Luiz de Oliveira https://www.radiofree.org/2022/05/02/cpj-condemns-additional-trial-delay-for-the-alleged-killers-of-brazilian-journalist-valerio-luiz-de-oliveira/ https://www.radiofree.org/2022/05/02/cpj-condemns-additional-trial-delay-for-the-alleged-killers-of-brazilian-journalist-valerio-luiz-de-oliveira/#respond Mon, 02 May 2022 19:29:38 +0000 https://cpj.org/?p=189646 Rio de Janeiro, May 2, 2022 – The Committee to Protect Journalists on Monday expressed disappointment in response to news reports that a court in Brazil again postponed the jury trial of five men charged with the 2012 murder of well-known Brazilian sports journalist Valério Luiz de Oliveira. The trial was delayed after the lawyers representing the alleged mastermind left the court on the first morning of the trial, alleging that the presiding judge was not impartial, according to those reports.

     “It is abundantly obvious that the legal strategy for the accused killers of Valério Luiz de Oliveira is simply to delay the trial by any means necessary, no matter how absurd, and the Brazilian justice system must put an end to this farce and ensure the trial actually takes place,” said Natalie Southwick, CPJ’s Latin America and the Caribbean program coordinator, in New York. “It is unacceptable that, nine years after public prosecutors charged the alleged perpetrators, they have yet to face trial and instead keep hiding behind increasingly desperate attempts to derail the process. This decade of impunity only fuels the cycle of deadly violence against the Brazilian press.”

    Oliveira was killed on July 5, 2012, and in March 2013, the Goiás state public prosecutor charged five men for their alleged roles in Oliveira’s murder. Since then, multiple appeals from defense attorneys and decisions by the Goiás Court of Justice have postponed proceedings, as CPJ documented. The trial is now scheduled to begin on June 13, 2022, and the Goiás Court of Justice fined the lawyers over 121,000 reais (US$24,000) for leaving the trial, according to news reports.


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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    https://www.radiofree.org/2022/05/02/cpj-condemns-additional-trial-delay-for-the-alleged-killers-of-brazilian-journalist-valerio-luiz-de-oliveira/feed/ 0 295391
    Russians Opposing Ukraine War Expect A ‘Show Trial’ https://www.radiofree.org/2022/04/29/russians-opposing-ukraine-war-expect-a-show-trial/ https://www.radiofree.org/2022/04/29/russians-opposing-ukraine-war-expect-a-show-trial/#respond Fri, 29 Apr 2022 15:35:53 +0000 http://www.radiofree.org/?guid=a09d3d55742cacf11c6cf85ea87cc7f7
    This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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    Revolution in a Courtroom: the Murder Trial of Huey Newton https://www.radiofree.org/2022/04/29/revolution-in-a-courtroom-the-murder-trial-of-huey-newton/ https://www.radiofree.org/2022/04/29/revolution-in-a-courtroom-the-murder-trial-of-huey-newton/#respond Fri, 29 Apr 2022 08:56:57 +0000 https://www.counterpunch.org/?p=241143

    Photograph Source: CIR Online – CC BY 2.0

    “We can’t go back to the old days of the all-white criminal justice system, though Trump did his best to do that. The battle isn’t over yet. Change doesn’t automatically happen.”

    – Lise Pearlman

    Lise Pearlman celebrated her 19th birthday in 1968 when she was an undergraduate at the University of Pennsylvania. The following year she transferred from Penn in Philadelphia to Yale in New Haven where two Black Panthers, Bobby Seale and Erica Huggins, would go on trial, and where she went door to door to elicit views about the presumption of the defendants’ innocence. Years later, Pearlman—whose ancestors fled from pogroms in Eastern Europe, not far from Ukraine— attended law school at Cal in Berkeley. She passed the bar exam, became a trial lawyer and then a judge. The author of five books about the law and justice: the first, The Sky’s the Limit: People v. Newton, the REAL Trial of the 20th Century; and the most recent about the kidnapping of the Lindbergh baby titled Suspect Number One: the Man who Got Away.   

    Now, with the release of American Justice on Trial—a riveting documentary that focuses on the courtroom drama that took place in the summer of 1968 in the Alameda County Courthouse—Pearlman can count herself an accomplished movie maker and film producer. She had ample help from her husband who served as the executive producer. Andrew Abrams and Herb Ferrette directed, Abbie Ginsberg and Bob Richter, now in his 90s, co-produced. Pearlman did the writing and much of the interviewing.

    I did not know much about the Huey Newton trial until I read Pearlman’s book, though as a reporter I attended the trial in New York in 1969 of a group of Black Panthers charged with conspiracy to blow up landmark buildings and sites of historical and political significance like the Statue of Liberty. In 1970, I visited Eldridge Cleaver when he was in exile in Algeria, and in 1989 I attended Huey Newton’s funeral in Oakland, where I met Bobby Seale who introduced me to his mother and gave me an autographed copy of  his book about barbecuing. Pearlman’s film took me behind the scenes of the Newton trial and showed me sides of the Panthers, their lawyers and supporters I was previously unaware of, though the Panthers always reached out to me and to other young white radicals, who like them wanted alliances and cooperation.

    Nine years in the making, the doc was cut from 70 minutes to 40 minutes in the expectation and hope that it would be viewed in school classrooms and reach young students. In fact, American Justice on Trial is a near-perfect vehicle to educate and inform the young and the old alike about a pivotal chapter in the history of American jurisprudence that attracted international attention. For 40 minutes, there’s suspense and a large cast of very quotable characters, both white and Black, including many Panthers who are still alive: Kathleen Cleaver, David Hilliard and Janice Garrett-Forte who says that if Huey were to be found guilty there would be “warfare” on the streets of Oakland.

    Pearlman told me, “I owe a debt of gratitude to the directors, especially Abrams for his artistry and for turning the doc away from a series of talking heads lectures into a compelling drama.”  She added, “During the making of the film, there were disagreements about accuracy vs. art. I don’t think we sacrificed one for the other.”

    1968 has followed Lise Pearlman around for the past 54 years. It has also followed the women and men who appear in American Justice on Trial. 1968 changed their lives. The trial of Huey P. Newton, the co-founder with Seale of The Black Panther Party, changed the life of  David Harper, who deftly navigated his way through the legal labyrinth, joined the jury and became its foreman. In many ways he’s the hero of the drama. In 2015, the city of Oakland created a “David Harper Day” to honor him. Like a detective on a murder case, Pearlman tracked Harper down to his home in St. Louis and interviewed him.

    Harper had refused to talk to reporters at the end of the trial, though a year later he granted an exclusive interview to Gilbert Moore, one of Life magazine’s first Black reporters, who quit his job and wrote a classic about the Panthers titled A Special Rage.

    In American Justice on Trial, David Harper says,  “I felt like I was ordained to do a job.” Indeed, he was a man on a mission. His co-stars in the drama are Oakland’s Black community. 10,000 protesters gathered in Oakland on Newton’s birthday, February 17, 1968, and heard speeches from Bobby Seale, Eldridge Cleaver, Stokely Carmichael (Kwame Ture) and H. Rap Brown (Jamil Abdullah al-Amin). Agnes Varda filmed Cleaver, Seale, Carmichael and Brown in her 31-minute black-and-white documentary, Black Panthers, that captures the intensity of that moment.

    Protesters chant slogans like “Free Huey,” “Off the Pig” and “The Sky’s the Limit,” all of which planted the notion that if Newton was found guilty, the streets of Oakland would be bloody.

    Pearlman, now retired from the law and the bench, remembers the protests in New Haven in those heady days. She also places them in a social and political context that resonates today. “The trial was pivotal not only for Huey and the Panthers—who used it to promote their ten point program— but also for justice in the U.S,” Pearlman told me just days after her film premiered before a partisan crowd at the Roxie Theater in San Francisco that included Newton’s widow, Fredrika and Elaine Brown, who chaired the Black Panther Party from 1974 to 1977, the only woman to serve in that position. Pearlman sat in the audience, along with her husband.

    During a phone interview with me, she added that “The Newton trial demonstrated the importance of ethnic and gender diversity on juries.” Charles Garry and Fay Stender, Newton’s white lawyers, understood the power of voir dire and used it as a powerful tool to select a jury that wasn’t white and male. Stender, who conducted much of the research and wrote the briefs, has long been one of the unsung heroes of the Newton trial. Anne Fagan Ginger, a lawyer, activist and founder of Meiklejohn Civil Liberties Institute, wrote and published in 1969, Minimizing Racism in Jury Trials, with introductions by Garry and Stender. Throughout the 1970s, it served as a Bible for criminal defense lawyers representing members of minority groups.

    American Justice on Trial tracks the drama in the courtroom, in the streets of Oakland, and across the United States in the spring and summer of 1968, when all hell broke loose at the Democratic National Convention in Chicago. Newton’s trial, which was originally scheduled to begin in the month of May—when French workers and students took to the streets—was postponed twice. First, after King was shot and killed by James Earl Ray in Memphis, then again in June after Sirhan Sirhan gunned down Senator Robert Kennedy, who was running for president.  The times couldn’t have been more volatile.

    The Newton jury, which was made up of seven women, four people from minority groups and two white men, deliberated for four days, finally returning with a unamious verdict of guilty on voluntary manslaughter, not first degree murder, as charged by the “the people” aka the State. “A traditional white male jury would likely have returned a verdict of murder in the first degree,” Pearlman told me.

    She credits Judge Monroe Friedman for keeping a level head during the trial and giving Newton the opportunity to testify under oath about the history of slavery and racism. It was Friedman’s last case.

    American Justice on Trial offers a convincing dramatic recreation of what the jury concluded happened on the night of October 28, 1967, when a white police officer named John Frey, 23, and his back-up officer Harold Heanes stopped Newton, 25, who was driving a “known Panther vehicle” with outstanding traffic violations. Newton emerged from the vehicle carrying a law book and no gun and did exactly what the officers told him to do: face downward and spread eagle.

    In the courtroom, Heanes testified that he was hit by a bullet from a gun that was fired in the darkness 30 feet away, where Newton and Frey grappled with one another. Heanes fired his service revolver and wounded Newton in his abdomen. During the trial, the jury found that Newton had wrested a gun from Frey and pulled the trigger more than once.

    In fact, Frey was shot five times and from two different directions. He died in the streets of Oakland. Newton was arrested, taken to Kaiser Hospital and charged with murder. No guns were admitted in evidence at the trial, though a ballistics expert testified that Frey died from bullets fired at close range and from his own gun.

    Charles Garry argued that Newton acted in self-defense. The jury didn’t accept that account, though on appeal, Newton’s conviction was reversed and a new trial ordered. Following two mistrials, the Oakland District Attorney declined to prosecute a fourth time and the charges against Newton were dismissed.

    Pearlman told me that the Newton trial and its aftermath shaped the course of American history. FBI Director, J. Edgar Hoover, declared the Panthers Public Enemy # 1. In December 1969, two members of the Black Panther Party, Fred Hampton and Mark Clark, were killed by law enforcement officers in Chicago.

    In the wake of those murders and others, the Panthers turned increasingly to electoral politics. First, Bobby Seale and then Elaine Brown, ran for Mayor of Oakland, and though they lost those races they raised awareness of racism and injustice. Ron Dellums, a foe of apartheid in South Africa and in the U.S., served 13 terms as a member of Congress and as mayor of Oakland from 2007 to 2011. Barbara Lee has represented Oakland and parts of northern Alameda County in the House of  Representatives since 1998. She and Dellums benefitted from the groundbreaking work of the Panthers.

    “We can’t go back to the days of the all-white criminal justice system, though Trump did his best to do that,” Pearlman reminds me. ”The battle isn’t over yet. Change doesn’t automatically happen. Right wing politicians don’t want any criticism of American history taught in school classrooms, but I think kids are too savvy these days to allow that to happen. After all, they’re exposed to popular culture and popular music.”

    The Panther legend has lived on in rap, hip-hop and in movies by young Black directors like Spike Lee and Melvin van Peebles whose 1971 movie Sweet Sweetback’s Baadassss Song depicts a Black man framed for the murder of white cops, and who goes underground and becomes a fugitive who does kill cops. The Panther Ten Point Program—which called for the termination of police brutality, the end of the murder of Black people by the police and the right of Black people to be tried in courts by juries of their peers—is as new and as fresh today as it was in 1966 when Newton and Seale first wrote it. American Justice On Trial accords the Panthers, their friends and allies, including Garry, Stender, and jury foreman David Harper, the respect they deserve and that has too often been denied them. The documentary is also a reminder that revolutions take place in courtrooms as well as in the streets and on the barricades, and that unlikely heroes emerge in the heat of battle.


    This content originally appeared on CounterPunch.org and was authored by Jonah Raskin.

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    Revolution in a Courtroom: the Murder Trial of Huey Newton https://www.radiofree.org/2022/04/29/revolution-in-a-courtroom-the-murder-trial-of-huey-newton-2/ https://www.radiofree.org/2022/04/29/revolution-in-a-courtroom-the-murder-trial-of-huey-newton-2/#respond Fri, 29 Apr 2022 08:56:57 +0000 https://www.counterpunch.org/?p=241143

    Photograph Source: CIR Online – CC BY 2.0

    “We can’t go back to the old days of the all-white criminal justice system, though Trump did his best to do that. The battle isn’t over yet. Change doesn’t automatically happen.”

    – Lise Pearlman

    Lise Pearlman celebrated her 19th birthday in 1968 when she was an undergraduate at the University of Pennsylvania. The following year she transferred from Penn in Philadelphia to Yale in New Haven where two Black Panthers, Bobby Seale and Erica Huggins, would go on trial, and where she went door to door to elicit views about the presumption of the defendants’ innocence. Years later, Pearlman—whose ancestors fled from pogroms in Eastern Europe, not far from Ukraine— attended law school at Cal in Berkeley. She passed the bar exam, became a trial lawyer and then a judge. The author of five books about the law and justice: the first, The Sky’s the Limit: People v. Newton, the REAL Trial of the 20th Century; and the most recent about the kidnapping of the Lindbergh baby titled Suspect Number One: the Man who Got Away.   

    Now, with the release of American Justice on Trial—a riveting documentary that focuses on the courtroom drama that took place in the summer of 1968 in the Alameda County Courthouse—Pearlman can count herself an accomplished movie maker and film producer. She had ample help from her husband who served as the executive producer. Andrew Abrams and Herb Ferrette directed, Abbie Ginsberg and Bob Richter, now in his 90s, co-produced. Pearlman did the writing and much of the interviewing.

    I did not know much about the Huey Newton trial until I read Pearlman’s book, though as a reporter I attended the trial in New York in 1969 of a group of Black Panthers charged with conspiracy to blow up landmark buildings and sites of historical and political significance like the Statue of Liberty. In 1970, I visited Eldridge Cleaver when he was in exile in Algeria, and in 1989 I attended Huey Newton’s funeral in Oakland, where I met Bobby Seale who introduced me to his mother and gave me an autographed copy of  his book about barbecuing. Pearlman’s film took me behind the scenes of the Newton trial and showed me sides of the Panthers, their lawyers and supporters I was previously unaware of, though the Panthers always reached out to me and to other young white radicals, who like them wanted alliances and cooperation.

    Nine years in the making, the doc was cut from 70 minutes to 40 minutes in the expectation and hope that it would be viewed in school classrooms and reach young students. In fact, American Justice on Trial is a near-perfect vehicle to educate and inform the young and the old alike about a pivotal chapter in the history of American jurisprudence that attracted international attention. For 40 minutes, there’s suspense and a large cast of very quotable characters, both white and Black, including many Panthers who are still alive: Kathleen Cleaver, David Hilliard and Janice Garrett-Forte who says that if Huey were to be found guilty there would be “warfare” on the streets of Oakland.

    Pearlman told me, “I owe a debt of gratitude to the directors, especially Abrams for his artistry and for turning the doc away from a series of talking heads lectures into a compelling drama.”  She added, “During the making of the film, there were disagreements about accuracy vs. art. I don’t think we sacrificed one for the other.”

    1968 has followed Lise Pearlman around for the past 54 years. It has also followed the women and men who appear in American Justice on Trial. 1968 changed their lives. The trial of Huey P. Newton, the co-founder with Seale of The Black Panther Party, changed the life of  David Harper, who deftly navigated his way through the legal labyrinth, joined the jury and became its foreman. In many ways he’s the hero of the drama. In 2015, the city of Oakland created a “David Harper Day” to honor him. Like a detective on a murder case, Pearlman tracked Harper down to his home in St. Louis and interviewed him.

    Harper had refused to talk to reporters at the end of the trial, though a year later he granted an exclusive interview to Gilbert Moore, one of Life magazine’s first Black reporters, who quit his job and wrote a classic about the Panthers titled A Special Rage.

    In American Justice on Trial, David Harper says,  “I felt like I was ordained to do a job.” Indeed, he was a man on a mission. His co-stars in the drama are Oakland’s Black community. 10,000 protesters gathered in Oakland on Newton’s birthday, February 17, 1968, and heard speeches from Bobby Seale, Eldridge Cleaver, Stokely Carmichael (Kwame Ture) and H. Rap Brown (Jamil Abdullah al-Amin). Agnes Varda filmed Cleaver, Seale, Carmichael and Brown in her 31-minute black-and-white documentary, Black Panthers, that captures the intensity of that moment.

    Protesters chant slogans like “Free Huey,” “Off the Pig” and “The Sky’s the Limit,” all of which planted the notion that if Newton was found guilty, the streets of Oakland would be bloody.

    Pearlman, now retired from the law and the bench, remembers the protests in New Haven in those heady days. She also places them in a social and political context that resonates today. “The trial was pivotal not only for Huey and the Panthers—who used it to promote their ten point program— but also for justice in the U.S,” Pearlman told me just days after her film premiered before a partisan crowd at the Roxie Theater in San Francisco that included Newton’s widow, Fredrika and Elaine Brown, who chaired the Black Panther Party from 1974 to 1977, the only woman to serve in that position. Pearlman sat in the audience, along with her husband.

    During a phone interview with me, she added that “The Newton trial demonstrated the importance of ethnic and gender diversity on juries.” Charles Garry and Fay Stender, Newton’s white lawyers, understood the power of voir dire and used it as a powerful tool to select a jury that wasn’t white and male. Stender, who conducted much of the research and wrote the briefs, has long been one of the unsung heroes of the Newton trial. Anne Fagan Ginger, a lawyer, activist and founder of Meiklejohn Civil Liberties Institute, wrote and published in 1969, Minimizing Racism in Jury Trials, with introductions by Garry and Stender. Throughout the 1970s, it served as a Bible for criminal defense lawyers representing members of minority groups.

    American Justice on Trial tracks the drama in the courtroom, in the streets of Oakland, and across the United States in the spring and summer of 1968, when all hell broke loose at the Democratic National Convention in Chicago. Newton’s trial, which was originally scheduled to begin in the month of May—when French workers and students took to the streets—was postponed twice. First, after King was shot and killed by James Earl Ray in Memphis, then again in June after Sirhan Sirhan gunned down Senator Robert Kennedy, who was running for president.  The times couldn’t have been more volatile.

    The Newton jury, which was made up of seven women, four people from minority groups and two white men, deliberated for four days, finally returning with a unamious verdict of guilty on voluntary manslaughter, not first degree murder, as charged by the “the people” aka the State. “A traditional white male jury would likely have returned a verdict of murder in the first degree,” Pearlman told me.

    She credits Judge Monroe Friedman for keeping a level head during the trial and giving Newton the opportunity to testify under oath about the history of slavery and racism. It was Friedman’s last case.

    American Justice on Trial offers a convincing dramatic recreation of what the jury concluded happened on the night of October 28, 1967, when a white police officer named John Frey, 23, and his back-up officer Harold Heanes stopped Newton, 25, who was driving a “known Panther vehicle” with outstanding traffic violations. Newton emerged from the vehicle carrying a law book and no gun and did exactly what the officers told him to do: face downward and spread eagle.

    In the courtroom, Heanes testified that he was hit by a bullet from a gun that was fired in the darkness 30 feet away, where Newton and Frey grappled with one another. Heanes fired his service revolver and wounded Newton in his abdomen. During the trial, the jury found that Newton had wrested a gun from Frey and pulled the trigger more than once.

    In fact, Frey was shot five times and from two different directions. He died in the streets of Oakland. Newton was arrested, taken to Kaiser Hospital and charged with murder. No guns were admitted in evidence at the trial, though a ballistics expert testified that Frey died from bullets fired at close range and from his own gun.

    Charles Garry argued that Newton acted in self-defense. The jury didn’t accept that account, though on appeal, Newton’s conviction was reversed and a new trial ordered. Following two mistrials, the Oakland District Attorney declined to prosecute a fourth time and the charges against Newton were dismissed.

    Pearlman told me that the Newton trial and its aftermath shaped the course of American history. FBI Director, J. Edgar Hoover, declared the Panthers Public Enemy # 1. In December 1969, two members of the Black Panther Party, Fred Hampton and Mark Clark, were killed by law enforcement officers in Chicago.

    In the wake of those murders and others, the Panthers turned increasingly to electoral politics. First, Bobby Seale and then Elaine Brown, ran for Mayor of Oakland, and though they lost those races they raised awareness of racism and injustice. Ron Dellums, a foe of apartheid in South Africa and in the U.S., served 13 terms as a member of Congress and as mayor of Oakland from 2007 to 2011. Barbara Lee has represented Oakland and parts of northern Alameda County in the House of  Representatives since 1998. She and Dellums benefitted from the groundbreaking work of the Panthers.

    “We can’t go back to the days of the all-white criminal justice system, though Trump did his best to do that,” Pearlman reminds me. ”The battle isn’t over yet. Change doesn’t automatically happen. Right wing politicians don’t want any criticism of American history taught in school classrooms, but I think kids are too savvy these days to allow that to happen. After all, they’re exposed to popular culture and popular music.”

    The Panther legend has lived on in rap, hip-hop and in movies by young Black directors like Spike Lee and Melvin van Peebles whose 1971 movie Sweet Sweetback’s Baadassss Song depicts a Black man framed for the murder of white cops, and who goes underground and becomes a fugitive who does kill cops. The Panther Ten Point Program—which called for the termination of police brutality, the end of the murder of Black people by the police and the right of Black people to be tried in courts by juries of their peers—is as new and as fresh today as it was in 1966 when Newton and Seale first wrote it. American Justice On Trial accords the Panthers, their friends and allies, including Garry, Stender, and jury foreman David Harper, the respect they deserve and that has too often been denied them. The documentary is also a reminder that revolutions take place in courtrooms as well as in the streets and on the barricades, and that unlikely heroes emerge in the heat of battle.


    This content originally appeared on CounterPunch.org and was authored by Jonah Raskin.

    ]]>
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    Vietnam court jails 12 on subversion charges in trial described by lawyer as ‘flawed’ https://www.rfa.org/english/news/vietnam/trial-04202022141425.html https://www.rfa.org/english/news/vietnam/trial-04202022141425.html#respond Wed, 20 Apr 2022 18:23:54 +0000 https://www.rfa.org/english/news/vietnam/trial-04202022141425.html A court in Vietnam’s Ho Chi Minh City on Monday sentenced 12 Vietnamese to prison terms of from three to 13 years on charges of supporting an exile group accused of attempting to overthrow the government in a trial described by defense attorneys as violating legal principles.

    Nine of the cases were drawn from separate parts of the country, jeopardizing standards of fairness in the trial, defense attorney Nguyen Van Mieng told RFA in an interview after the sentences were handed down.

    “This trial violated legal procedures, as it gathered nine cases from different provinces and cities and then combined them in a single trial,” Mieng said. “These 12 people had no relationships or links with each other,” he added.

    Defendant Tran Thi Ngoc Xuan, who received a 13-year prison term and was described by prosecutors as the most active member of the alleged plot, was acquainted with only two of the others brought to trial, Mieng said.

    “However, she had no close ties with either of them. They simply knew each other and did not work together as members of a team," he said.

    Prosecutors had charged the group with “carrying out activities aimed at overthrowing the government” under Article 109 of Vietnam’s Penal Code and with recruiting others to join the Provisional Government of Vietnam, a U.S.-based opposition group described by Vietnamese authorities as a terrorist organization.

    Speaking to RFA, Mieng said however that the defendants had only thought they were joining projects aimed at helping the country’s poor.

    “In general, these 12 defendants are all poor and not well-educated,” Mieng said. “Therefore, when hearing from an online source about 18 programs providing land and houses carried out by the U.N. in cooperation with an ‘interim government,’ they registered their names and encouraged others to participate.”

    “And then they were arrested,” he said.

    Only Xuan declared her innocence at trial, with the others pleading guilty and asking for leniency from the court, Mieng said. Only Xuan had been able to hire a lawyer, while the other defendants were represented by lawyers assigned by the court, he added.

    Xuan, who has already spent two years in pre-trial detention, will now consider filing an appeal of her sentence, which must be filed within 15 days, Mieng said.

    Based in Orange County, California, the Provisional Government of Vietnam was founded in 1991 by former soldiers and refugees loyal to the South Vietnamese government that existed before the country’s takeover by North Vietnam in 1975.

    The group was designated a terrorist organization by Vietnamese authorities in January 2018 after group members in Vietnam were charged with a plot to attack Tan Son Nhat International Airport with petrol bombs ahead of a major holiday the year before.

    At least 18 Vietnamese have been jailed in recent years for alleged involvement with the group.

    Repeated attempts by RFA to contact representatives of the Provisional Government of Vietnam for comment have gone unanswered.

    Translated by Anna Vu for RFA’s Vietnamese Service. Written in English by Richard Finney.


    This content originally appeared on Radio Free Asia and was authored by By RFA's Vietnamese Service.

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    Jury Foreperson Supports New Trial for Melissa Lucio, Other New Evidence in Supplemental Clemency Application https://www.radiofree.org/2022/04/12/jury-foreperson-supports-new-trial-for-melissa-lucio-other-new-evidence-in-supplemental-clemency-application/ https://www.radiofree.org/2022/04/12/jury-foreperson-supports-new-trial-for-melissa-lucio-other-new-evidence-in-supplemental-clemency-application/#respond Tue, 12 Apr 2022 18:23:19 +0000 https://innocenceproject.org/?p=41280 Today, Melissa Lucio’s attorneys submitted a supplemental clemency application to the Texas Board of Pardons and Paroles and Governor Abbott. Melissa is facing execution on April 27, 2022 for the accidental death of her

    The post Jury Foreperson Supports New Trial for Melissa Lucio, Other New Evidence in Supplemental Clemency Application appeared first on Innocence Project.

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    Today, Melissa Lucio’s attorneys submitted a supplemental clemency application to the Texas Board of Pardons and Paroles and Governor Abbott. Melissa is facing execution on April 27, 2022 for the accidental death of her daughter, Mariah, who died from complications after a fall down steep outdoor stairs.

    The supplemental application includes a new declaration from a fifth juror — Melissa’s jury foreperson — who joins the calls of four other jurors and the alternate to halt Melissa’s pending execution or grant her a new trial where new evidence of her innocence can be considered.

    Melissa’s supplemental application also includes “new declarations from key witnesses who demonstrate that the prosecution’s case against Melissa was based on false or misleading testimony” and introduces “new scientific evidence of Melissa’s innocence, analysis of the gender bias that infected Melissa’s investigation and prosecution, and additional community support for clemency.” (Supp. App. at p. 1.)

    “I believe that Ms. Lucio deserves a new trial and for a new jury to hear this evidence.”

    On March 22, 2022, Melissa filed her clemency application, which included “seven new reports, including from nationally recognized medical professionals, a pathologist, a police trainer, clinical psychologist, and neuroscientist that disprove every element of the prosecution’s case against her. It also explained that Melissa’s investigation, prosecution, and sentence were infected with bias, perhaps most evident in the disparate treatment between Melissa and Mariah’s father, Robert. And it included support for clemency from every single one of Melissa’s children; four of the jurors who voted to sentence Melissa to death; and a wide range of individuals and organizations, from faith leaders to anti-violence advocates.” (Supp. App. at p. 1.) A bipartisan group of more than 80 Texas House of Representatives have also asked the Board to grant Melissa clemency.

    Melissa Lucio’s Supplement to Application for Commutation of Death Sentence to a Lesser Penalty or, in the Alternative, a 120-Reprieve from Execution can be viewed here: https://tinyurl.com/2s39jsah

    Supplemental Clemency Exhibits can be viewed: here

    Melissa’s Clemency Application, which was filed on March 22, 2022, can be accessed here.

    Clemency Exhibits Volume I: here

    Clemency Exhibits Volume II: https://tinyurl.com/45vrbjhn

    PDF of Table of Contents/Index: https://tinyurl.com/msfkzyhw

    Jury Foreperson Joins Four Other Jurors in Calling for Relief for Melissa Lucio

    Melissa’s supplemental clemency application includes a new declaration from Melissa Quintanilla, who was the foreperson of the jury that convicted Melissa and sentenced her to death. Ms. Quintanilla’s declaration states: “I was disheartened to learn that there was additional evidence that was not presented at trial. I believe that Ms. Lucio deserves a new trial and for a new jury to hear this evidence. Knowing what I know now, I don’t think she should be executed.” (Supp. App. at p. 11. Supp. Exhibit 13 at pp. 2-3.) There are now five jurors who voted to sentence Melissa to death, and one alternate, who support relief for her.

    Melissa’s Conviction and Sentence Rested on False, Misleading, and Incomplete Testimony

     

    Melissa’s supplemental application includes additional declarations that the prosecution concealed evidence from the defense and presented false and misleading testimony to obtain her conviction and death sentence, including:

    • The declaration of Lucy Arreola, a former CPS investigator who was assigned to investigate Mariah’s death. Ms. Arreola interviewed Melissa’s children and confirmed they did not allege physical abuse by Melissa and corroborated her account of the events surrounding Mariah’s death. Ms. Arreola’s reports and recordings were not disclosed to Melissa’s trial counsel. (Supp. App. at pp. 13-14. Supp. Exhibit 8.)
    • Journalist Chandra Bozelko provided a declaration that reveals the prosecution misrepresented Melissa’s jail records during their closing arguments at the penalty phase. Later, the Texas Court of Criminal Appeals relied on the mischaracterization of Melissa’s jail records to support the jury’s finding that Melissa would likely commit future acts of violence if sentenced to life in prison. As Ms. Bozelko details, Melissa had no record of violence in the jail. (Supp. App. at p. 15. Supp. Exhibit 17.)
    • A therapist who met with Melissa before her 2008 trial provided a declaration that the prosecution’s use of his reports was “misleading.” The prosecution used the therapist’s reports to claim that Melissa had denied being sexually abused as a child when, in fact, Melissa reported to the therapist that she had been. (Supp. App. at pp. 15-16. Supp. Exhibit 11.)

     

    New Expert Reports: As a Survivor of Childhood Abuse and Domestic Violence, Melissa was Uniquely Vulnerable to Police Interrogation Tactics

    Melissa’s supplemental application also includes the reports of two experts in clinical psychology, Dr. Bethany Brand and Dr. Lucy Guarnera, who, respectively, explain how Melissa’s history of childhood sexual abuse and domestic violence made her uniquely vulnerable to the pressure tactics used in the police interrogation and explain the recent evolution of scientific research linking trauma, like Melissa endured, to false confession risk. Dr. Brand notes that Melissa “endured a truly horrendous level of extreme and frequent childhood sexual abuse.”    Dr. Brand concludes, “[t]he paramedics and detectives who opined that Melissa did not show as much emotion as they thought a mother should show had no awareness of her complex history of trauma, her severe mental illnesses, nor that Melissa had survived daily abuse and degradation by dissociating and suppressing strong emotion.”  (Supp. App. at p. 5. Supp. Exhibit 2 at 16.)

    Dr. Guarnera, an Assistant Professor of Psychiatry and Neurobehavioral Sciences at the University of Virginia School of Medicine, explains new scientific research, not available at the time of Melissa’s trial, on the link between trauma and false confessions. Dr. Guarnera notes that “the dynamics of the Reid techniques of police interrogation [which were used during Melissa’s interrogation]—particularly when the interrogation is carried out by male police officers—mirror precisely the dynamics of intimate partner violence.” (Supp. App. at p. 5. Supp. Exhibit 6 at 4.)

    In addition, Dr. Guarnera provides critical information about how the factors leading to Melissa’s wrongful conviction are reflected in the national data on wrongful convictions of women accused of killing children. Dr. Guarnera cites a 2014 analysis of the National Registry of Exonerations that indicates “women are nearly twice as likely as men to be wrongfully convicted of child homicide (30% vs. 16%), and three times as likely as men to be wrongfully convicted of crimes that never occurred (63% vs. 21%). In over half (56%) of these no-crime exonerations of women, the supposed victims were children. Further, in one out of seven formal exonerations of women, the woman was accused of murdering a child who in reality died of an unrelated accident or undiagnosed pathology.” (Supp. App. at p. 6. Supp. Exhibit 6 at 5.)

    New Expert Report: Abuse of Trial Court’s Discretion to Permit Texas Ranger to Testify About His Ability to Determine Melissa’s Guilt or Innocence by Her Facial Expressions

    Melissa’s supplemental application also includes a declaration from David Faigman, Chancellor and Dean of the University of California Hastings College of Law, who served as a Senior Advisor to the President’s Council of Advisors on Science and Technology’s Report, “Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods,” who concludes that “it was an abuse of the trial court’s discretion to permit Ranger Escalon to testify regarding his ability to determine Ms. Lucio’s guilt or innocence by interpreting her facial expressions and demeanor.” (Supp. App. at pp. 6-7. Supp. Exhibit 3 at 2.) Professor Faigman further concludes, “[t]he prejudicial nature of this error was compounded by the fact that the substance of the scientific testimony in question was false as a matter of neuroscientific consensus.” (Supp. App. at p. 7. Supp. Exhibit 3 at p. 2) (emphasis added).

    Gender Bias Affected Melissa’s Investigation and Prosecution

    Melissa’s supplemental application states, “[f]rom the moment they arrived at the scene of Mariah’s death, police and first responders formed judgments about [Melissa] that were rooted in their perceptions of how a grieving mother should behave. These visceral impressions led them to target her as a suspect even before they had gathered any evidence in the case.” (Supp. App. at p. 7.) In contrast, they treated Robert Alvarez, Melissa’s partner and Mariah’s father, as a victim and expressed empathy for his loss, even though he had a history of familial violence. (Supp. App. at pp. 7-8.)

    A declaration submitted by forensic linguist Professor Robert Leonard concludes that the language the police used while interrogating Robert is largely consistent with an effort to gather information, rather than assign blame. On the other hand, Professor Leonard states that the officers interrogating Melissa “used language that sought to blame her for Mariah’s injuries. They rejected her repeated assertions of innocence.” (Supp. App. at p. 9.)  They also “repeatedly invoked Melissa’s caretaking role during their interrogation, seeking to provoke self-blame—and a confession—for failing to live up to her role as a mother.” (Supp. App. at p. 9. Supp. Exhibit 4 at p. 21.)

    In a stunning analysis of differential treatment, Professor Leonard notes that the interrogating officers “did not allow [Melissa] to complete her thoughts: whereas the police only interrupted Robert once, they interrupted Melissa over 70 times while she was trying to answer or defend herself.” (Supp. App. at p. 9. Supp Exhibit 4 at p. 10.) Today, although both parents were responsible for Mariah’s care, Melissa is facing execution and Robert is a free man.

    Growing Calls for Clemency from Survivor Organizations

    Melissa’s supplemental application cites the growing support for clemency from community groups working to address family violence and sexual assault in Texas. In a letter to Governor Abbott, the Texas Council on Family Violence and the Texas Association Against Sexual Assault wrote: “Melissa Lucio’s looming execution date is an opportunity to send a strong statement of compassion for a victim who suffered a lifetime of violence without diminishing the tragic and complex outcome of her case.” (Supp. App. at p. 12. Supp. Exhibit 1.)

    The supplemental application also includes a letter from four women who were wrongfully convicted of the murder of their own children who write: “We have stood in Melissa’s shoes, facing accusations of causing harm to our child when, in reality, no crime had occurred, or someone else was responsible. Like Melissa, some of us experienced lifelong trauma from sexual and physical abuse prior to our wrongful convictions.” (Supp. App. at p. 13. Supp. Exhibit 10.) Later today, a letter supporting clemency will be submitted by the Lone Star Justice Alliance, which includes 40 organizations and experts in Texas who work with survivors of human trafficking and domestic violence.

    A case overview appears below my signature. Thank you for considering coverage of this new information in Melissa Lucio’s innocence case and letting me know if you would like to speak with one of her attorneys.

    Best wishes,

    Laura

    laura.burstein@squirepb.com

    (202) 669-3411

    Melissa Lucio Case Summary

    A Victim of Sexual Abuse and Domestic Violence Wrongly Convicted and Condemned to Die for the Accidental Death of Her Daughter

    Introduction

    Melissa Lucio, a Mexican-American who is facing execution in Texas on April 27, 2022, was wrongfully convicted and sentenced to death after her daughter, Mariah, sustained injuries from an accidental fall. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she agreed, falsely, to take responsibility for some of her daughter’s injuries.

    Melissa suffered a lifetime of sexual abuse and domestic violence, which made her especially vulnerable to the police’s coercive interrogation tactics. Melissa had no history of violence, but her husband, Mariah’s father, was found guilty of child endangerment and sentenced to four years, even though he had a history of assaultive behavior.

     

    Struck by the sentencing disparity and grave doubts about the reliability of Melissa’s conviction, a bipartisan group of more than 80 members of the Texas House of Representatives oppose Melissa’s execution. Hundreds of Texas anti-domestic violence groups, Baptist, Evangelical and Catholic leaders, Latino organizations, exonerees of wrongful convictions, and Melissa’s children are urging the Texas Board of Pardons and Paroles and Governor Abbott to grant Melissa clemency.

    Melissa’s execution would cause further suffering for her children who lost their sister 15 years ago. It would also be the first execution of a Latina in the United States since the resumption of the death penalty in the 1970s.

    Clemency Application Cites New Evidence Supporting Melissa’s Innocence Claim

    On March 22, 2022, Melissa’s attorneys submitted an application for clemency to the Governor and the Board of Pardons and Paroles which includes the declarations of seven nationally recognized experts, including experts in false confessions and medical and forensic experts, who have reviewed the evidence and concluded that Melissa’s conviction was based upon:

    (1) an unreliable “confession” that is essentially a mere “regurgitation” of facts and words officers fed to her during the five hour interrogation, and

    (2) unscientific, false evidence that misled the jury into believing that Mariah must have been killed by physical abuse, when the evidence is actually consistent with a conclusion that Mariah died from medical complications after a fall.

    The application also documents that Melissa asserted her innocence more than 100 times over five hours of the coercive interrogation.

    In addition to the new forensic analyses, the clemency application includes declarations from five jurors stating they have grave concerns about evidence withheld from them at Melissa’s capital trial and would support relief. An additional juror, an alternate who heard the evidence, but did not join deliberations, also submitted a declaration supporting relief for Melissa.

    The District Attorney, the courts, the Texas Board of Pardons and Paroles, and the Governor must undertake a meaningful review of Melissa’s case. That review can only happen if the execution date is withdrawn or stayed.

    A Rush to Judgment After a Tragedy

    On February 15, 2007, as Melissa was moving her family to a new home, Mariah fell down a steep outdoor staircase leading to their apartment. After the fall, Mariah’s injuries did not appear life-threatening, but two days later she fell asleep on her parents’ bed and did not wake up. Mariah had physical disabilities that made her walking unstable and she had a history of falls, including a recent fall at a preschool program where she lost consciousness. At the time of her arrest, Melissa had no history of abusing her children or violence of any kind. (App. at pp. 2, 10-12.)

    Two hours after Mariah’s death, Melissa — grieving and in shock — was hauled into an interrogation room where, for over five hours, armed, male police officers stood over her, yelled at her, threatened her, berated her parenting, and repeatedly refused to accept anything less than an admission to causing her daughter’s death. Melissa was especially vulnerable to the aggressive, intimidating, and psychologically manipulative interrogation tactics of the police and male authority figures due to her history of abuse, trauma, low IQ, and abnormally high levels of suggestibility and compliance. (App. at pp. 15-17.)

    After hours of continuous interrogation, Melissa acquiesced, followed their directions, and gave in to their demands. She was sleep-deprived — it was early in the morning by then — and pregnant with twins, emotionally and physically exhausted by the threats and manipulation. (App. at pp. 15-17, 39.)

    Two experts on false confessions (including police trainer and interrogation expert, David Thompson, and Dr. Gisli Gudjonsson, one of the world’s leading experts on false confessions) have analyzed Melissa’s interrogation and concluded that her admissions are “unreliable” and simply a “regurgitation” of the words and facts that interrogators fed to her throughout a highly coercive interrogation process. (App. at pp. 16, 39-42.)

    Lacking physical evidence or eyewitnesses connecting Melissa to Mariah’s death, Cameron County District Attorney Armando Villalobos — who is now serving a 13-year federal sentence for bribery and extortion — characterized Melissa’s acquiescence during the interrogation as a “confession” to murder. (App. at p. 19.)

    Mariah’s Death Was Declared a Murder Before the Autopsy Even Began

    The application states: “[The State’s Medical Examiner] Dr. Farley, who was told going into autopsy that Melissa had ‘confessed’ to abusing Mariah, and who was accompanied in the autopsy suite by two of the interrogating officers, assumed everything she observed was evidence of abuse and ignored all evidence to the contrary.” (App. at p. 20.)

    At Melissa’s trial, the jury was told that Mariah’s injuries could only be explained by child abuse and complications from an accidental fall were impossible. That testimony was false. Dr. Farley failed in her duty to rule out nonviolent medical explanations for Mariah’s condition before rushing to agree with law enforcement’s judgment of abuse. (App. at pp. 19-20, 28.)

    Seven experts, including nationally recognized medical and forensic scientists, have now reviewed the evidence in Melissa’s case. Dr. Michael Laposata, the chairman of the Department of Pathology at the University of Texas Medical Branch at Galveston, concluded that at the time of her death Mariah had indications of Disseminated Intravascular Coagulation (DIC), a disorder that causes extensive bruising following a head trauma, like the injury that Mariah suffered from her fall, or an infection. (App. at p. 21.)

    As Dr. Laposata stated in his declaration, DIC can cause profound bruising throughout the body with no trauma whatsoever. “In patients with DIC, routine handling at home or in a hospital setting can cause significant bruising. It is not possible to tell the difference between a bruise from DIC and a bruise from abuse.” (Exhibit 6 at p. 2.)

    Dr. Janice Ophoven, a pediatric forensic pathologist, concluded that Mariah’s autopsy indicates she was in DIC at the time of her death. Her records also show she had a persistent high fever, and was sufficiently dehydrated to experience shock. The application states: “[S]teeped in extrinsic, biasing information, [Dr. Farley] failed to review any of Mariah’s medical history to look for any explanation or contributing cause to her injuries, conduct any basic laboratory tests to diagnose a coagulation disorder, or even perform simple testing to confirm the presence of infection or sepsis.” (App. at p. 28.)

    Five jurors who served on the jury that sentenced Melissa to die and one alternate juror have expressed grave concerns about the evidence that they were not allowed to hear. Juror Johnny Galvan stated that “[t]he fact that you can’t pinpoint what caused Mariah’s death means that [Melissa] shouldn’t be executed.” Juror Alejandro Saldivar stated, “I think if I heard this evidence I may have decided differently.” (App. at p. 3.)

    Melissa’s Lifetime of Sexual Abuse and Domestic Violence Made Her Especially Vulnerable to Coercive Interrogation Tactics

    Melissa’s uncle and stepfather sexually abused her over a period of years, starting when she was six years old. She told her mother, but nothing was done. As a young teenager, she was raped again by an adult man. (App. at p. 44.)

    At age 16, Melissa got married, becoming a child bride, to escape the abuse she suffered and witnessed in her childhood home. (App. at p. 45.) Melissa’s first husband was a violent alcoholic, according to testimony at trial (App. at p. 45.) He abandoned Melissa after she gave birth to five children. Melissa’s next partner continued the cycle of violence and abuse. She had seven children by her second husband. He beat Melissa, choked her, threatened to kill her, and repeatedly raped her. Some of Melissa’s children also reported that he struck them. (App. at pp. 45-47.)

     

    The family sunk deeper into poverty and was intermittently homeless. Melissa worked cleaning houses and sought other jobs when she could. Her partner Robert was jailed for months at a time. By the time Melissa was 35, she was struggling with abuse, cognitive and psychological impairments, addiction, and poverty. She had given birth to 12 children and suffered multiple miscarriages. (App. at p. 9.)

    Melissa’s Statements Have the Hallmarks of a False Confession

    Over five hours, Melissa asserted her innocence 86 times verbally and 35 times non-verbally (shaking her head), but police refused to accept any response that was not an admission of guilt—suggesting to Melissa that the interrogation would not stop unless she told them what they wanted to hear. (App. at p. 15.) While the vast majority of interrogations last 30 minutes to up to two hours, interrogations that elicit confessions later proven false last much longer. “[T]he length of Melissa’s nighttime interrogation further increased the risk that she would falsely incriminate herself.” (App at pp. 16, 36-37.)

    The interrogating officers used manipulative, psychological techniques known to cause false confessions and disregarded Melissa’s multiple vulnerabilities, including her shock and grief over her daughter’s death hours earlier, physical and emotional exhaustion, sleep deprivation, her high levels of suggestibility and compliance, and low IQ. (App. at pp. 37-39.) According to experts, Melissa’s lifetime of sexual abuse, starting at six years old, and domestic violence at the hands of two partners, made her extremely vulnerable and susceptible to falsely confessing during an interrogation by male police officers, some armed. One detective yelled at her: “[i]f I beat you half to death like that little child was beat, I bet you you’d die too.” (App. at pp. 35, 42-47.)

     

    Doctor Gisli Gudjonsson, one of the world’s leading experts in false confessions, and David Thompson, an expert from one of the nation’s top interrogation training schools, have reviewed the record of Melissa’s case and determined that Melissa “was relentlessly pressured and extensively manipulated” throughout the many hours of interrogation and her statements bear the hallmarks of a coerced-compliant false confession. (App. at pp. 15-16.)

    Dr. Gudjonsson concluded that Melissa’s case presents a “very high” risk of false confession and in his “extensive forensic evaluation of cases of disputed confessions internationally, the number, severity, and combination of the risk factors involved during the lengthy interrogation are exceptional.” (App. at 16.) He further explained Melissa’s “history of negative/traumatic life events is associated with increased level of suggestibility, compliance, and false confession . . . because trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure.” (App. at p. 37.)

    Mr. Thompson noted, “[r]epetitive threats combined with promises or suggestions of leniency are known to incentivize innocent subjects to confess. These tactics, alongside Ms. Lucio’s susceptibility and her state of mind in a lengthy interrogation shortly after her daughter’s death, are known to have a substantial psychological impact on a subject’s decision-making” and found her statements are a result of fact-feeding or other tactics used by investigators. (Exhibit 11 at pp. 5-6.)

    False confessions elicited by guilt-presumptive police interrogations—like the interrogation at issue here—are a primary cause of wrongful conviction in the United States. Of the 67 women listed on the National Registry of Exonerations who were exonerated after a murder conviction, over one quarter (17/67) involved false confessions and nearly one third (20/67) involved child victims.

    What the Jury Never Heard

    The jury never heard how Melissa’s history of trauma and abuse shaped her reactions immediately following her daughter’s death. Without that context, the jury convicted Melissa of capital murder. (App. at p. 13.)

    Melissa’s trial attorneys were not prepared for the penalty phase of the trial. Lead counsel hamstrung his mitigation specialist and expert until weeks before the trial began. As a result, Melissa’s mitigation specialist never completed her investigation and the jury never learned about the extent of Melissa’s history of child sexual abuse and domestic violence.

    The omission of this mitigating evidence was particularly damaging because the prosecution had a weak case for death. Melissa had no prior record of violence and the State’s sole evidence of future dangerousness was the death of Mariah and a prior conviction for driving under the influence. (App. at p. 62.)

    So Far, the Courts’ Hands Have Been Tied

    A majority of judges have agreed that the trial court was wrong to exclude the psychologist’s expert testimony, which would have provided an explanation for Melissa’s acquiescence during the coercive interrogation. “The State presented no physical evidence or witness testimony establishing that [Melissa] abused Mariah or any of her children, let alone killed Mariah,” seven Fifth Circuit judges wrote. By excluding expert explanations for Melissa’s remarks during her interrogation, the trial court wrongfully barred Melissa’s right to present her defense. (App. at p. 13.) But a divided Fifth Circuit believed that current federal law cuts off the courts’ ability to correct this injustice

    On February 18, 2022, the Inter-American Commission on Human Rights (IACHR) issued a resolution calling on officials not to execute Melissa before the Commission has had an opportunity to reach a final decision in her case. The Commission considered the evidence that Melissa’s “life was shaped by physical, emotional, and sexual abuse,” and that the same experiences shaped her response to a coercive interrogation.

    Disparate Sentencing in Melissa’s Case

    Melissa regrets not getting medical care for Mariah earlier, but she is not guilty of murder. Her husband, Mariah’s father, was found guilty of child endangerment and sentenced to four years, even though he had a history of assaultive behavior. At most, a charge of neglect was more appropriate for Melissa than murder. (App. at p. 3.)

    Corrupt Cameron County DA Villalobos personally led Melissa’s prosecution. In 2007, in exchange for a bribe, he enabled the release and flight from justice of Amit Livingston, a man who had killed his estranged girlfriend. As DA Villalobos was scheming to facilitate the release of this male batterer, he was pursuing the death penalty against a woman who was a lifelong victim of sexual abuse and domestic violence. Former DA Villalobos is now serving a 13-year federal sentence for bribery and extortion. (App. at p. 19.)

    Melissa is a Person of Deep Catholic Faith Who Walks with God

     

    Melissa grew up without much religious instruction, but began her walk with God on September 26, 2014. She is a person of deep Catholic faith who attends Catholic mass services every Monday and meets individually with a pastor, Deacon Ronnie, on Thursdays and Sundays. In 2015, Melissa and other women on death row formed a Bible study group where, she says, “we all help each other.” Her main concern now is for her family, especially having her children support each other. Because of Melissa, her son John has also devoted himself to God, and she reads a Bible verse to him at the beginning of each of their visits. (App. at pp. 54-61.)

    Widespread Support Across Texas for Clemency

    Alarmed by the prospect of executing an innocent woman, who is a lifelong survivor of sexual abuse and domestic violence, a wide and diverse array of Texans are urging the Governor and the Board to grant Melissa clemency, including:

    • 225 anti-domestic violence/sexual assault organizations from Texas and across the country;
    • Over 130 Baptist, Evangelical and Catholic faith leaders in Texas, including more than 50 Baptist leaders, the Executive Director of the Hispanic Baptist Convention of Texas, and the Director of the Rio Grande Valley Baptist Association;
    • More than 30 groups that work on behalf of Latinos in Texas and across the U.S., including the National Hispanic Caucus of State Legislators (NHCSL);
    • Eighteen people wrongfully convicted of a crime in a Texas state court, including Hannah Overton and Michael Morton; and
    •  Twenty-six death row exonerees, including two from Texas.

    Melissa’s children are also urging the Governor and the Board not to execute their mother. They are Mariah’s brothers and sisters and Texas law requires that their wishes be taken into account. (App. at pp. 1-2, 49-51.)

    More than 200,000 people, including more than 33,000 in Texas, have signed an Innocence Project petition urging clemency for Melissa.

    Abused Latinas and Wrongful Convictions

    Of the 67 women listed on the National Registry of Exonerations who were exonerated after a murder conviction, over one quarter (17/67) involved false confessions and nearly one third (20/67) involved child victims.

     

    Roughly one in three Latinas will suffer intimate partner violence in her lifetime, but the rates are higher for Latinas like Melissa who struggle with poverty and who were sexually abused as children. Also, research indicates that police tend to disbelieve women of color when they report domestic violence. At Melissa’s death penalty trial, the prosecution belittled the evidence of Melissa’s history of sexual abuse and domestic violence. (See trial transcript vol. 39 pp. 161-62.)

    According to the Death Penalty Information Center, since 1973, 186 people have been exonerated from death row, including 16 in Texas, and the number of people whose lives were taken before they were able to prove their innocence is unknown.

    ###

     

    For  more information on Melissa Lucio’s innocence case, please visit https://innocenceproject.org/who-is-melissa-lucio-death-penalty-texas-execution-innocent/ and The Cornell Center on the Death Penalty Worldwide at https://deathpenaltyworldwide.org/advocacy/melissa-lucio/

    The post Jury Foreperson Supports New Trial for Melissa Lucio, Other New Evidence in Supplemental Clemency Application appeared first on Innocence Project.


    This content originally appeared on Innocence Project and was authored by Alicia Maule.

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    Saudis Give Billions to Jared Kushner; Turkey Suspends Trial of Saudis Accused of Killing Khashoggi https://www.radiofree.org/2022/04/12/saudis-give-billions-to-jared-kushner-turkey-suspends-trial-of-saudis-accused-of-killing-khashoggi/ https://www.radiofree.org/2022/04/12/saudis-give-billions-to-jared-kushner-turkey-suspends-trial-of-saudis-accused-of-killing-khashoggi/#respond Tue, 12 Apr 2022 14:00:34 +0000 http://www.radiofree.org/?guid=c8acf9b343de0b2432021ad685a562f4
    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    https://www.radiofree.org/2022/04/12/saudis-give-billions-to-jared-kushner-turkey-suspends-trial-of-saudis-accused-of-killing-khashoggi/feed/ 0 290047
    Saudis Give $2 Billion to Jared Kushner; Turkey Suspends Trial of Saudis Accused of Killing Khashoggi https://www.radiofree.org/2022/04/12/saudis-give-2-billion-to-jared-kushner-turkey-suspends-trial-of-saudis-accused-of-killing-khashoggi/ https://www.radiofree.org/2022/04/12/saudis-give-2-billion-to-jared-kushner-turkey-suspends-trial-of-saudis-accused-of-killing-khashoggi/#respond Tue, 12 Apr 2022 12:33:21 +0000 http://www.radiofree.org/?guid=fabc70af780775a81093fa856ce336c6 Seg2 three way split

    We speak with Sarah Leah Whitson, executive director of Democracy for the Arab World Now (DAWN), about Turkey’s recent decision to suspend the trial of 26 Saudi men accused of killing journalist Jamal Khashoggi in Istanbul in 2018. DAWN sued Saudi Crown Prince Mohammed bin Salman and his alleged conspirators in the murder. Whitson says Turkey’s move to turn over the case to prosecutors in Saudi Arabia shows “the Turkish government has decided that good relations — and in particular investment and trade with Saudi Arabia — is more important than pursuing justice for the murder of Jamal Khashoggi on Turkish soil.” We also ask Whitson about news that a fund led by Saudi Crown Prince Mohammed bin Salman has invested $2 billion in Jared Kushner’s new private equity firm just years after Kushner helped push forward a $110 billion weapons sale to Saudi Arabia while his father-in-law was in office. She says the investment “exposes the corruption and lack of accountability in both the American system and the Saudi system.”


    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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    https://www.radiofree.org/2022/04/12/saudis-give-2-billion-to-jared-kushner-turkey-suspends-trial-of-saudis-accused-of-killing-khashoggi/feed/ 0 290017
    The Trial of Thomas Sankara’s Killers https://www.radiofree.org/2022/04/12/the-trial-of-thomas-sankaras-killers-2/ https://www.radiofree.org/2022/04/12/the-trial-of-thomas-sankaras-killers-2/#respond Tue, 12 Apr 2022 08:59:15 +0000 https://www.counterpunch.org/?p=239541 The renowned revolutionary and anti-imperialist leader Thomas Sankara was murdered on October 15, 1987, at the age of 37. Sankara took power in the West African state of Upper Volta after a coup in 1983, changing the name of the former French colony to Burkina Faso the following year. Sankara was gunned down along with 12 colleagues in Burkina’s capital Ouagadougou. More

    The post The Trial of Thomas Sankara’s Killers appeared first on CounterPunch.org.


    This content originally appeared on CounterPunch.org and was authored by Kenneth Surin.

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    Henan rights activist in secret ‘defamation’ trial after visit to rights lawyer https://www.rfa.org/english/news/china/henan-dissident-04082022122142.html https://www.rfa.org/english/news/china/henan-dissident-04082022122142.html#respond Fri, 08 Apr 2022 18:38:19 +0000 https://www.rfa.org/english/news/china/henan-dissident-04082022122142.html Xing Wangli, a rights activist in the central Chinese province of Henan, has been put on trial behind closed doors on charges of "defamation" after he supported human rights attorney Jiang Tianyong, who remains under house arrest following his release from prison.

    Xing, who is currently being held at Henan's Xi County Detention Center, stood trial by video link at the Xi County People's Court on April 7 on charges of "defamation" after he posted an open letter accusing a local propaganda official of corruption and intimidation.

    The court building was closed for business on Thursday, with a large police presence on the streets outside.

    More than a dozen fellow activists went to support Xing, but they were prevented from approaching the building by court police, who deleted photos of the scene from their mobile phones.

    Xing has been denied permission to meet with his lawyer, who didn't receive a copy of the indictment until March 21, the U.S.-based rights group, the Dui Hua Foundation said in a statement on its website.

    The authorities cited disease prevention restrictions during the COVID-19 pandemic, it said.

    Blunt-force head injuries

    Xing's wife Xu Jincui was at the court to observe the trial, which was closed to journalists or members of the public.

    "The prosecution accused Xing Wangli of continuing to speak out about the unusual deaths of two petitioners in Xi county: Diao Yanfang and Feng Guohui," Xu told RFA. "[They] claimed that Xing Wangli instigated his son to participate in rights protection activities."

    "But more importantly, Xing Wangli said that the serious injuries he suffered were directly linked to three well-known local officials," she said.

    Xing suffered serious head injuries in 2016 while being held at Xi County Detention Center. He later said they were the result of an attack with a blunt weapon.

    He has repeatedly requested an official probe into the incident via the ruling Chinese Communist Party (CCP)'s Central Commission for Discipline Inspection.

    Xing's son Xing Jian, who now lives in New Zealand, said the authorities have claimed that the injuries were the result of a fall during a botched suicide attempt, and he said the video presented by the prosecution as evidence had likely been tampered with.

    He said he believes the current prosecution was sparked by his father's attempt to visit Jiang Tianyong.

    "After my father was arrested, my mother was illegally detained many times by the local stability maintenance personnel," Xing Jiang said. "During this period, these stability maintenance personnel also told my mother many times not to interact with [Jiang] in future, otherwise there will be endless trouble for her."

    "The authorities believe that lawyer Jiang Tianyong tried to subvert state power, saying that he is anti-party and anti-state, but I don't think a regular lawyer could do that," he said.

    'Picking quarrels and stirring up trouble'

    He said an unidentified driver had scraped Xing's lawyer's car in the court parking lot on Thursday.

    "[That kind of] psychological pressure would affect his performance in court," Xing Jian said.

    Xing was originally detained on suspicion of "picking quarrels and stirring up trouble" in May 2021 after he tried to visit Jiang, who remains under house arrest, in April 2021.

    He was formally arrested in June 2021, but for "defamation," and indicted by the county prosecutor in January 2022.

    While defamation cases in China have previously been private prosecution cases, new guidelines issued in 2013 paved the way for it to be brought as a criminal charge against people accused of "spreading disinformation or false accusations online can constitute criminal acts.

    If a post deemed to contain disinformation or false accusations accrues more than 5,000 views or 500 reposts, then it is considered a "serious circumstance," according to the U.S.-based rights group, the Duihua Foundation.

    Jiang was "released" from prison in February 2019 at the end of a two-year jail term for "incitement to subvert state power," a charge often used to imprison peaceful critics of the government.

    He was allowed to return to his parents' home in Luoyang, but remains under close surveillance and heavy restrictions.

    Jiang's U.S.-based wife Jin Bianling has repeatedly expressed concern for her husband's health after he was tortured by cellmates during his time in detention.

    Translated and edited by Luisetta Mudie.


    This content originally appeared on Radio Free Asia and was authored by By Gao Feng.

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    CPJ condemns decision to move Jamal Khashoggi murder trial from Turkey to Saudi Arabia https://www.radiofree.org/2022/04/07/cpj-condemns-decision-to-move-jamal-khashoggi-murder-trial-from-turkey-to-saudi-arabia/ https://www.radiofree.org/2022/04/07/cpj-condemns-decision-to-move-jamal-khashoggi-murder-trial-from-turkey-to-saudi-arabia/#respond Thu, 07 Apr 2022 16:41:34 +0000 https://cpj.org/?p=183733 New York, April 7, 2022 – In response to a decision by Turkish authorities on Thursday, April 7, to transfer the trial of the murder of Saudi journalist Jamal Khashoggi to Saudi Arabia, the Committee to Protect Journalists issued the following statement of condemnation:

    “The Turkish government’s trial of Jamal Khashoggi’s suspected killers was politicized from the start, but the decision to transfer his case to Saudi Arabia extinguishes any hope of reaching an impartial conclusion based on the evidence,” said CPJ Senior Middle East and North Africa Researcher Justin Shilad. “The international community must pursue a credible and transparent investigation into Khashoggi’s murder, and should not allow political expediency or interference to derail justice.”

    A Turkish court granted prosecutors’ request to transfer the case on Thursday, saying that the Turkish trial had been hampered by Saudi authorities’ refusal to extradite suspects, according to news reports, which said that Turkey’s minister of justice endorsed the decision, and that Saudi authorities had requested the transfer in March.

    Hetice Cengiz, Khashoggi’s fiancée, said she will appeal the decision, according to reports.

    Turkey began the trial of 26 Saudi suspects in absentia in July 2020, and President Recep Tayyip Erdoğan previously opposed transferring evidence to Saudi authorities over fears they would destroy it, according to reports. The new decision comes as the Turkish government seeks to mend ties with Saudi Arabia and shore up relations with other Gulf countries.

    A Saudi court sentenced five people to death and three to prison terms for the murder in December 2019. Those death sentences were changed to prison terms in September 2020 after Khashoggi’s sons said they had pardoned the killers.


    This content originally appeared on Committee to Protect Journalists and was authored by Erik Crouch.

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    ‘I Will Not Stop,’ Says Khashoggi Fiancée as Turkey Moves Murder Trial to Saudi Arabia https://www.radiofree.org/2022/04/07/i-will-not-stop-says-khashoggi-fiancee-as-turkey-moves-murder-trial-to-saudi-arabia/ https://www.radiofree.org/2022/04/07/i-will-not-stop-says-khashoggi-fiancee-as-turkey-moves-murder-trial-to-saudi-arabia/#respond Thu, 07 Apr 2022 10:36:41 +0000 https://www.commondreams.org/node/335977

    The fiancée of murdered journalist Jamal Khashoggi vowed to fight a Turkish court's decision Thursday to move the trial of 26 Saudi suspects in the gruesome 2018 killing to Saudi Arabia, a ruling that human rights groups fear will spell an end to the case.

    Hatice Cengiz, who has been relentlessly campaigning for justice in the years since Khashoggi's murder, said Thursday that her fight "is not over."

    "It is a sure and certain guarantee that only injustice and impunity will prevail."

    Khashoggi, a prominent critic of the Saudi regime, was assassinated inside the Saudi consulate in Istanbul by a 15-man hit team. U.S. intelligence agencies have concluded that Saudi Crown Prince Mohammed Bin Salman, the de facto ruler of the country, directly approved the murder.

    "The courts might have decided that they can ignore the truth about his case, but I will not stop and I will not be quiet about it," Cengiz said in response to the Turkish criminal court's decision Thursday. "We all know who is guilty of Jamal's murder and it is now more important than ever that I keep going."

    Cengiz, the plaintiff in the closely watched murder case, is vowing to appeal the court's ruling, which was widely viewed as a politically motivated move aimed at mending strained relations between Turkey and Saudi Arabia.

    As The Washington Post reported, the decision Thursday marked "a stunning reversal by Turkey, which in the years after the killing of Khashoggi... went to extraordinary lengths to publicize the Saudi government’s role in the plot."

    "More recently, though, [Turkish President Recep Tayyip] Erdogan's government has tried to improve ties with the kingdom as Turkey weathers one of its worst economic crises in decades," the Post noted.

    In addition to ruling that the case should be moved to Saudi Arabia, the Turkish court "decided to lift arrest warrants issued against the defendants and gave the sides seven days to lodge any opposition," according to the Associated Press.

    Milena Büyüm, Amnesty International's Turkey campaigner, tweeted that the court's ruling is "appalling and clearly political."

    Emma Sinclair-Webb, the Turkey director for Human Rights Watch, added that "it's a scandalous decision."

    In 2020, after what observers described as a "sham trial," a Saudi court sentenced five mid-level officials and operatives to 20-year jail terms for their role in the Khashoggi murder. No high-ranking Saudi officials have been punished for ordering the assassination or attempting to cover it up.

    Agnes Callamard, Amnesty International's secretary-general, said in a statement ahead of the Turkish court's decision that the Khashoggi murder "was not the action of a few 'rogue' individuals."

    "All elements of the operation demonstrate the responsibility of the state of Saudi Arabia," said Callamard, who led an extensive U.N. investigation into the killing in 2019. "By deciding to transfer the case of the killing of Jamal Khashoggi to Saudi Arabia, Turkey is deciding to hand it back to those responsible for it."

    "It is a sure and certain guarantee that only injustice and impunity will prevail," Callamard added.


    This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jake Johnson.

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    The Conviction of Barry Jacobson Is Vacated Due to Antisemitism in Trial https://www.radiofree.org/2022/04/05/the-conviction-of-barry-jacobson-is-vacated-due-to-antisemitism-in-trial/ https://www.radiofree.org/2022/04/05/the-conviction-of-barry-jacobson-is-vacated-due-to-antisemitism-in-trial/#respond Tue, 05 Apr 2022 16:38:24 +0000 https://innocenceproject.org/?p=41184 (April 5, 2022 — Berkshire County, Massachusetts) District Attorney Andrea Harrington today agreed that Barry Jacobson was wrongfully convicted of arson in a biased 1983 trial, during which jurors made antisemitic remarks about Mr.

    The post The Conviction of Barry Jacobson Is Vacated Due to Antisemitism in Trial appeared first on Innocence Project.

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    (April 5, 2022 — Berkshire County, Massachusetts) District Attorney Andrea Harrington today agreed that Barry Jacobson was wrongfully convicted of arson in a biased 1983 trial, during which jurors made antisemitic remarks about Mr. Jacobson, who is Jewish. Accordingly, his conviction was vacated and the case against him was dismissed. 

    District Attorney Harrington said: “Prosecutors have a legal, ethical and moral obligation to ensure that jury verdicts are rendered free from bias. The credible evidence of antisemitic juror statements undermine the fairness of this verdict and denied Mr. Jacobson his Sixth Amendment right to an impartial jury trial. Prosecutors have the responsibility to implement policies to ensure fair convictions and to rectify past injustice. I am proud to stand with the Anti-Defamation League and the Innocence Project because a conviction that is tainted by bias erodes the integrity of our system of justice.”

    “Nearly 40 years ago, I was wrongfully convicted for a crime I didn’t commit. Antisemitism infected the prosecution and the jury deliberations. I am grateful that District Attorney Andrea Harrington recognized this injustice and helped my lawyer Bob Cordy, the Anti-Defamation League, and the Innocence Project finally clear my name,” said Barry Jacobson. “This wrongful conviction has cast a painful shadow over my life. I am thankful to God, family, and friends. The evils of antisemitism and racism in our legal system must be fought relentlessly.”

    Mr. Jacobson was convicted of arson in 1983 and sentenced to six months in prison and a $10,000 fine, after a deck on his family’s vacation home in Richmond, Mass. was set on fire. He spent more than a month in prison for a crime he didn’t commit, based on unreliable arson evidence and a baseless claim that he was looking to make insurance money on the home — although no claim was ever filed. 

    Following the jury verdict, evidence of antisemitic bias on the jury began to surface. Sworn statements from a sitting juror and an alternate juror were filed with the court. In her sworn statement, the sitting juror advised the court that, “From the beginning of our deliberations, the forelady of the jury …. repeatedly made references to Mr. Jacobson as being ‘one of those New York Jews who think they can come up here and get away with anything.’”

    The alternate juror also observed: “[W]hen the jury first went out to deliberate they had only been in there, I would say less than five minutes, when I overheard one of the ladies say to the other, ‘Well, this is not going to take very long. We should finish this real quick because you know he’s guilty.’ And says, ‘All those rich, New York Jews come up here and think they can do anything and get away with it.’”

    Additionally, renowned fire science expert John Lentini, a leading expert in the field of arson investigation, provided an affidavit that the chain of custody procedures used by the state police officers in the case rendered the key evidence of arson unreliable. The investigating state police officers testified at trial that they squeezed liquid into a vial from one of the carpet samples they had cut out and believed to be the point of origin of the fire. However, the carpet samples that were obtained by the troopers at the scene on Jan. 29, 1982, from the alleged point of origin, were promptly brought to the state laboratory and tested. No flammable residue, gasoline or otherwise, was detected on any of the samples. It wasn’t until a year after the fire, days before the grand jury heard the case on Feb. 10, 1983, that this “unsealed” vial was “found” in one of the trooper’s lockers and brought to the state laboratory for testing, where it tested positive for gasoline residue. In his affidavit, Dr. Lentini said, “In my 47 years of practicing in the forensic sciences, I have seen many errors, but none so egregious as this with respect to the mishandling of the evidence and the failure to properly document the chain of custody.”

    “As reports of antisemitism increase around the country, Mr. Jacobson’s case reminds us that the criminal legal system has never been immune from its pernicious and insidious effects,” said Barry Scheck, Mr. Jacobson’s counsel and Innocence Project co-founder. “We applaud D.A. Harrington for recognizing that the antisemitism Mr. Jacobson faced 40 years ago was a factor that led to his wrongful conviction.”

    Rising Cases of Antisemitism

    According to the Anti-Defamation League (ADL), antisemitic incidents are at historic highs across the country. ADL’s most recent Audit of Antisemitic Incidents in the United States recorded more than 2,000 antisemitic acts of assault, vandalism, and harassment in 2020. This was the third-highest year on record since ADL began tracking in 1979.

    “The antisemitic bias that was brazenly displayed in this case defies a basic principle of our legal system that the ‘law punishes people for what they do, not who they are.’ While this injustice occurred in the 1980s, antisemitism continues to this day, both hidden and in plain view. Every day we witness antisemitism impacting daily life, in the public square, workplace, college campuses, youth sports, and our criminal justice system is no exception,” said Robert Trestan, regional director of ADL New England, which filed an amicus brief regarding antisemitic juror bias. “In the 40 years since his wrongful conviction, Barry Jacobson worked tirelessly to clear his name and expose the antisemitism that contributed to this miscarriage of justice. This case is a vivid reminder of the danger posed by antisemitism and the need for greater education efforts at all levels.” 

    Fighting for Justice

    From 1987 to 2002, Mr. Jacobson filed four petitions for pardon relief. At the hearings on each one of these petitions, Mr. Jacobson maintained his innocence even though he was repeatedly advised by members of the Board of Pardons that although he qualified for pardon relief, his failure to admit guilt disqualified him for relief.

    In January 2022, District Attorney Harrington determined that the overwhelming evidence of antisemitism in jury deliberations so severely undermined the trial that justice required that the Commonwealth assent to Jacobson’s motion for a new trial and subsequently dismiss the indictment, ending any further prosecution of the case.

    “This ends a decades-long fight for Mr. Jacobson, who has always maintained his innocence,” said Robert Cordy, of McDermott Will & Emery LLP, co-counsel for Mr. Jacobson, whom he began representing in the 1990s. “It is unacceptable for racial and ethnic bias to taint jury selection, and juries should be educated about both explicit and implicit bias.”

    The Innocence Project (Susan Friedman and Barry Scheck) with co-counsel McDermott Will & Emery LLP (Robert Cordy) represent Mr. Jacobson. 

    The post The Conviction of Barry Jacobson Is Vacated Due to Antisemitism in Trial appeared first on Innocence Project.


    This content originally appeared on Innocence Project and was authored by jlucivero.

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    Police in China’s Guangdong move ahead with subversion trial of feminist journalist https://www.rfa.org/english/news/china/trial-04042022163521.html https://www.rfa.org/english/news/china/trial-04042022163521.html#respond Mon, 04 Apr 2022 20:41:10 +0000 https://www.rfa.org/english/news/china/trial-04042022163521.html Authorities in the southern province of Guangdong have moved to prosecute feminist activist and journalist Sophia Huang and fellow activist Wang Jianbing, rights groups reported.

    Police issued a notification that they had transferred the cases of Huang and Huang to the Guangzhou municipal prosecution service on March 27, the Free Xueqin and Jianbin campaign said in a statement on its Github page.

    "The Guangzhou police never allowed [their] lawyers to meet with them during the more than six months of investigation and detention, on the grounds that national security was involved," the statement said. "Now that the investigation has been completed, we expect [their][ lawyers to be able to read [the files] and meet with them without any problems."

    It said Huang and Wang, who face charges of "incitement to subvert state power," have been transferred to the Guangzhou No. 1 Detention Center from the No. 2 Detention Center in Huang's case, and from solitary confinement "for interrogation" in Wang's.

    "It is reported that in the last month they have been retransferred to the Guangzhou No. 1 Detention Center (Hougang North Street, Baiyun District, Guangzhou City, Guangdong Province)," the April 1 statement said.

    Huang had planned to leave China via Hong Kong on Sept. 20, 2021 for the U.K., where she planned to take a master's degree in development with a prestigious Chevening Scholarship.

    Wang, who is a labor and healthcare rights activist, had planned to see her off on her journey. But both were detained before she could board her flight.

    The Japan-based group Human Rights Now said in a recent testimony to the United Nations Human Rights Council in Geneva that the initial arrests were "due to social gatherings at Wang's apartment."

    "The police acquired photos and a list of nearly 40 people who had participated in the gatherings from surveillance cameras installed at the apartment’s front door," it said in a video testimony to the Council.

    "After the arrests, police continuously harassed and summoned the other participants for interrogation, asking them to identify material that they deemed as politically sensitive, and forcing them to sign false confessions that were drafted and fabricated by the police," it said.

    "We urge the Guangzhou police to release Huang and Wang unconditionally as soon as possible," the group said. "We ... call for UN officials, independent experts, and governments to increase their monitoring of Huang and Wang’s situation, as well as of all journalists and activists in China."

    Wang Jianbing in an undated photo. Credit Wang's Facebook
    Wang Jianbing in an undated photo. Credit Wang's Facebook
    #MeToo activist


    Before being targeted by the authorities in 2019, Huang had been an outspoken member of the country's #MeToo movement, and had carried out a survey of sexual harassment and assault cases among Chinese women working in journalism.

    Huang was present at a million-strong protest in Hong Kong on June 9, 2019 against plans to allow extradition to mainland China, and was detained for "picking quarrels and stirring up trouble" in October 2019, before being released on bail in January 2020, a status that often involves ongoing surveillance and restrictions on a person's activities.

    Her travel documents were also confiscated after her return, preventing her from beginning a law degree in Hong Kong the fall of 2019.

    Huang had previously assisted in the investigation and reporting of a number of high-profile sexual harassment allegations against professors at Peking University, Wuhan University of Technology, Henan University and Sun Yat-sen University in Guangzhou.

    Wang started to work in rural development after graduating in 2005, before joining the Guangzhou Gongmin NGO in 2014 and director and coordinator for youth work.

    In 2018, he started advocacy and legal support work on behalf of workers with occupational diseases, and was a vocal supporter of China's #MeToo movement.

    Translated and edited by Luisetta Mudie.


    This content originally appeared on Radio Free Asia and was authored by By Raymond Chung.

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    Biden Demands ‘War Crimes’ Trial for Putin, But Will US End Its Opposition to ICC? https://www.radiofree.org/2022/04/04/biden-demands-war-crimes-trial-for-putin-but-will-us-end-its-opposition-to-icc/ https://www.radiofree.org/2022/04/04/biden-demands-war-crimes-trial-for-putin-but-will-us-end-its-opposition-to-icc/#respond Mon, 04 Apr 2022 16:51:41 +0000 https://www.commondreams.org/node/335892

    While U.S. President Joe Biden echoed human rights defenders on Monday by calling Russian President Vladimir Putin "a war criminal" in response to what Ukrainian officials described as a "deliberate massacre" in Bucha, the American leader's remarks also highlighted a refusal by his government to acknowledge or face consequences for the United States' crimes abroad.

    Recalling his remarks from mid-March, Biden told reporters outside the White House on Monday that "you may remember I got criticized for calling Putin a war criminal. Well, the truth of the matter—you saw what happened in Bucha... He is a war criminal."

    "But we have to gather the information, we have to continue to provide Ukraine with the weapons they need to continue the fight, and we have to get all the detail so this can be an actual—have a wartime trial," Biden added. "This guy is brutal. And what's happening in Bucha is outrageous, and everyone's seen it."

    While signaling his support for a trial, Biden also said that "I'm seeking more sanctions." Asked for further details on such economic measures, he responded, "I'll let you know."

    The International Criminal Court (ICC) launched an investigation into the situation in Ukraine shortly after Russian forces invaded in late February. Over the past six weeks, war crime allegations—largely against Russian invaders—have continued to mount and have been met with global outrage.

    The Intercept's Jeremy Scahill wrote in March that "while many statements from Western leaders may be accurate regarding the nature of Russia's actions, the U.S. and other NATO nations are in a dubious position to take a moralistic stance in condemning Russia. That they do so with zero recognition of their own hypocrisy, provocative actions, and history of unbridled militarism—particularly in the case of the U.S.—is deeply problematic."

    "Vladimir Putin and the Russian officials responsible for this invasion of Ukraine should face justice," he continued. "Once the evidence has been gathered, every war crime should be investigated, indictments issued, and prosecutions undertaken. The obvious venue for this would be before the International Criminal Court. Yet here is an inconvenient fact: The U.S. has refused to ratify the Rome Statute, which established the ICC."

    Recalling that in 2002, then-President George W. Bush "signed legislation that authorizes the U.S. to literally conduct military operations in The Hague to liberate any American personnel brought to trial for war crimes," Scahill wrote that "it is indefensible that the U.S. has established a precedent that powerful nations need not be held accountable for their crimes. It is a precedent that Russia knows well, exploits regularly, and will certainly use again and again."

    The journalist has been far from alone in recently calling out previous U.S. actions against the court. In a March opinion piece for the Chicago Tribune, Sara L. Ochs, a law professor at the University of Louisville, pointed out that while the ICC is generally prevented from probing crimes committed by nonmembers, there have been exceptions:

    The ICC exercised this jurisdiction over a nonmember in 2020, when it authorized an investigation into atrocities committed in Afghanistan. While Afghanistan is a member of the ICC, the investigation encompassed war crimes and crimes against humanity committed by the Taliban and affiliated terrorist groups, the Afghan National Security Forces, and—notably—U.S. military and intelligence personnel.

    The Afghanistan investigation struck a nerve with the U.S. government, which had been an early supporter of the ICC at the time of its creation, but which declined to join the court in part due to the ICC's ability to exercise jurisdiction over nonmembers.

    In response to the ICC's investigation into Afghanistan, then-President Donald Trump refused to recognize the court's authority and issued an executive order imposing sanctions on ICC personnel involved in the Afghanistan investigation, ironically pursuant to the same authority by which the U.S. now sanctions Russia for its actions in Ukraine.

    Though "Biden has since revoked Trump's ICC sanctions, he has maintained U.S. objections to the court. But now that Russia is the superpower in the ICC's hot seat, it's time for Biden to reconsider," Ochs argued. "The ICC may be the one way to hold Putin individually accountable for Russian war crimes on Ukrainian soil."

    While Biden is under growing pressure to reform his administration's position on the court given current conditions, some also charge—as Joel Mathis wrote for The Week on Monday—that the United States still "can't provide much leadership in the matter of Russia's alleged war crimes against Ukraine."

    Pointing to recent calls from members of the Biden administration for accountability for any crimes in Ukraine, Mathis made the case that the U.S. "is ill-positioned to help bring about that justice—not without cloaking itself in immense hypocrisy." Like Scahill and Ochs, he emphasized that in recent decades, "the U.S. has used intimidation, sanctions, and the heft of its hegemonic power to guarantee that none of its soldiers or officials will ever be brought before the court, no matter how deserving they might be."

    "There has been plenty to investigate," he noted. "The ICC's existence has coincided almost precisely with America's 'forever war' era. During the last 20 years, the U.S. has launched an unprovoked war of aggression against Iraq; tortured prisoners at Abu Ghraib, Guantanamo Bay, and black sites around Europe; bombed civilians in Syria; and committed countless other acts worthy of scrutiny. Accountability has been rare. Gina Haspel ordered the destruction of evidence of torture and then was named CIA director. Others received pardons and were transformed into heroes for the Fox News set."

    As for Russia's alleged crimes, Human Rights Watch's Europe and Central Asia director, Hugh Williamson, said Sunday that "the cases we documented amount to unspeakable, deliberate cruelty and violence against Ukrainian civilians."

    "Rape, murder, and other violent acts against people in the Russian forces' custody should be investigated as war crimes," Williamson added, referencing allegations from the Chernihiv, Kharkiv, and Kyiv areas.

    In Bucha, a suburb of the Ukrainian capital Kyiv, "we found mass graves filled with civilians," Serhiy Nykyforov, a spokesperson for Ukrainian President Volodymyr Zelenskyy, said Sunday.

    "We found people with their hands and with their legs tied up," he continued, "and [with] bullet holes at the back of their heads—so they were clearly civilians and they were executed. We found half-burned bodies as if somebody tried to hide their crimes."

    "I have to be very careful with my... wording, but it looks exactly like war crimes," Nykyforov told the BBC. He also acknowledged that Human Rights Watch is investigating and that the ICC "is very dedicated to pursuing all the war criminals."

    Noting allegations in Bucha and beyond, Ned Price, a spokesperson for U.S. State Department, said Monday that "we have previously assessed that members of Russia's forces have committed war crimes. The images we have seen and reports we have heard suggest the atrocities are not the act of a rogue soldier; they are part of a broader, troubling campaign."

    "Those responsible for atrocities must be held accountable—as must those who ordered them," he said. "They cannot and will not act with impunity. We are tracking and documenting atrocities and sharing information with institutions working to hold responsible those accountable."

    "We are pursuing accountability, supporting international accountability mechanisms and NGOs documenting human rights abuses," Price added, explaining that the U.S. is backing a multi-national team of international prosecutors to aid the Ukrainian prosecutor general.

    Scahill noted Friday that "the war in Ukraine is simultaneously a war of aggression being waged by Putin and part of a larger geopolitical battle between the U.S., NATO, and Russia."

    "It should not be assumed that the strategies and actions being employed by Washington and its allies in their proxy war against Moscow will always be in the best interest of Ukraine or its people," he wrote. "Likewise, Ukraine's calls for military support and action from the West—however justifiable and sincere they are—may not be in the best interest of the rest of the world, particularly if they increase the likelihood of nuclear war or World War III."

    "The overt war in Ukraine will have to end at the negotiating table," he concluded. "But the proxy war is escalating and will have consequences that extend far beyond the current battlefield."


    This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jessica Corbett.

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    ‘Travesty of Justice’: Turkey Seeks Transfer of Khashoggi Murder Trial to Saudi Arabia https://www.radiofree.org/2022/03/31/travesty-of-justice-turkey-seeks-transfer-of-khashoggi-murder-trial-to-saudi-arabia/ https://www.radiofree.org/2022/03/31/travesty-of-justice-turkey-seeks-transfer-of-khashoggi-murder-trial-to-saudi-arabia/#respond Thu, 31 Mar 2022 15:53:12 +0000 https://www.commondreams.org/node/335805 Human rights advocates were stunned but not surprised Thursday after a Turkish prosecutor asked a court to move the trial of 26 Saudi men accused of murdering journalist Jamal Khashoggi to Saudi Arabia—whose Crown Prince Mohammed bin Salman is widely believed to have ordered the assassination.

    "Turkey will be knowingly and willingly sending the case to a place where it will be covered up."

    The Washington Post—where Khashoggi worked as a columnist—reports the unnamed prosecutor's move to halt the trial followed a Saudi transfer request earlier this month, according to Erol Onderoglu, the Turkey representative for the advocacy group Reporters Without Borders.

    The defendants—who include a former deputy intelligence chief, a former royal adviser, a member of the royal guard, and intelligence and forensic operatives—are being tried in absentia, as Saudi Arabia refuses to extradite them.

    Onderoglu said that if the Turkish Justice Ministry approves the Saudi request, "it will have terrible consequences for the idea of justice."

    Sarah Lee Whitson, executive director of the advocacy group Democracy for the Arab World Now (DAWN), tweeted that it is "no surprise to see Turkey abandon justice" as the country seeks to repair ties with the Saudi monarchy, adding that Turkish Prime Minister Recep Tayyip Erdoğan's "ballyhoo about the murder was always based on politics, not principle; now it's been sold for a price."

    Tarik Beyhan, Amnesty International's Turkey campaign director, said in a statement that "if the prosecutor's request is granted, then instead of prosecuting and shedding light on a murder that was committed on its territory, Turkey will be knowingly and willingly sending the case to a place where it will be covered up."

    The development comes as Turkey, which is deeply mired in a currency and debt crisis, seeks to repair relations with Saudi Arabia that were seriously damaged by Khashoggi's assassination.

    "Human rights should not be made the subject of political negotiations," Beyhan said. "A murder cannot be covered up to fix relations."

    Hatice Cengiz, who was engaged to Khashoggi when he disappeared, told the BBC that she was "heartbroken" by the prosecutor's request.

    "No good will come of sending the case to Saudi Arabia," she said. "We all know the authorities there will do nothing. How do we expect the killers to investigate themselves?"

    Khashoggi—whose Post columns criticized Saudi Arabia's fundamentalist monarchy and called for more openness in the repressive kingdom—was lured to the Saudi consulate in Istanbul, Turkey on October 2, 2018 under the pretext of obtaining documents for his upcoming wedding. Once inside the building, Turkish officials said he was attacked, suffocated to death, and dismembered with a bone saw. One Turkish investigator said Khashoggi was tortured in front the Saudi consul-general and dismembered while he was still alive.

    When Saudi officials confirmed Khashoggi's death inside the Istanbul consulate, they claimed he died in a "fistfight" gone wrong. In 2019, a Saudi court sentenced five people to death and three others to prison terms in connection with Khashoggi's murder, an outcome that Agnès Callamard—then the United Nations special rapporteur on extrajudicial, summary, or arbitrary killing—called a "mockery" of justice.

    Related Content

    Mirroring an earlier assessment by Turkish investigators, the U.S. Central Intelligence Agency (CIA) concluded in November 2018 that bin Salman had ordered Khashoggi's murder. Turkish media reported at the time that the CIA had a recording of the "smoking gun phone call" in which bin Salman gave the order "to silence Jamal Khashoggi as soon as possible."

    In June 2019, Callamard published a damning 101-page report concluding that the assassination was likely orchestrated by top officials in the Saudi government, including the crown prince. A senior Saudi official reportedly threatened to "take care of" Callamard after she published her report.

    Then-U.S. President Donald Trump dismissed the CIA's findings. He smeared Khashoggi—a permanent U.S. resident—as "an enemy of the state," while declaring that "our relationship is with the kingdom of Saudi Arabia."

    Trump subsequently vetoed a congressional War Powers resolution that would have ended U.S. complicity in Saudi-led war crimes in Yemen, as well as bipartisan congressional measures to block billions of dollars in arms sales to Saudi Arabia, whose forces along with those of coalition partners including the United Arab Emirates are responsible for the deaths of hundreds of thousands of Yemeni civilians.


    This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Brett Wilkins.

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    ‘Spying’ trial of Australian national, state TV anchor Cheng Lei held in secret https://www.rfa.org/english/news/china/trial-03312022101323.html https://www.rfa.org/english/news/china/trial-03312022101323.html#respond Thu, 31 Mar 2022 14:17:01 +0000 https://www.rfa.org/english/news/china/trial-03312022101323.html Australian national and Chinese state TV anchor Cheng Lei stood trial behind closed doors at a Beijing court on Thursday for alleged breaches of the national security law.

    Cheng was detained on suspicion of "spying" in August 2020, and has been held incommunicado for more than 18 months since.

    She stood trial at the Beijing No. 2 Intermediate People's Court on Thursday, amid tight security, but accompanied by a lawyer, according to an Australian diplomat at the scene.

    Australian ambassador to China Graham Fletcher said he was denied permission to sit in the public gallery for the trial, on the grounds that the case "involved state secrets."

    The refusal came despite a public request from Australian foreign minister Marise Payne, who called on Beijing to allow diplomats to observe the trial and observe basic standards of fairness, procedural justice and humane treatment.

    Fletcher told reporters he was concerned about the outcome for Cheng.

    Beijing-based criminal lawyer Zhang Dongshuo said the harshness of Cheng's sentence -- Chinese courts rarely acquit defendants outright -- would likely depend on how sensitive the "secrets" involved were deemed to be.

    "If it is a question of more than one instance, for example, sentencing would be very different if there were more than 10 or less than 10 instances," Zhang said. "Whether it involved the highest-level of classified information, what they call 'top secret,' or a lower level [also affects the outcome]."

    He said Cheng's Australian passport is unlikely to help her much.

    "Nationality and identity are generally not considered in sentencing, but in some special cases, it could be affected by matters of national defense, foreign affairs and other matters, and special consideration may be given by the court," Zhang said.

    Currently, sentencing for those found guilty of "illegally providing state secrets overseas" ranges between five and 10 years' imprisonment, but lighter sentences have also been given, he said.

    If Cheng was seen as "cooperative," for example, if she "confessed" to the charges and pleaded guilty, she could be released soon after the trial.

    "This possibility certainly exists," Zhang said. "If the number and level of state secrets in Cheng Lei's case aren't high, then she could receive a fairly light sentence with time already served deducted."

    But he said there was no guarantee, in the absence of further information about the charges faced by Cheng.

    Feng Chongyi, a professor of political science at the University of Technology Sydney, said the existence of any "confession" was the most important factor, however.

    "This is very important," Feng said. "This is the scary part of the Chinese criminal law. It requires the person to plead guilty, and it depends on your attitude in making a confession."

    "Cheng Lei is a mother of two children. That would make it easier to negotiate with the Chinese authorities and to reach a compromise," he said.

    Bloomberg employee

    Meanwhile, little has been heard of Bloomberg News employee Haze Fan, who was taken away by state security police in December 2020 on suspicion of "endangering national security."

    Chinese authorities have only said that investigation into her case is still ongoing.

    Both Fan and Cheng had been friends, helping to collect donations of medical supplies to aid front-line medical workers in the early days of the COVID-19 pandemic in Wuhan, according to information publicly available on Facebook.

    The New York-based Committee to Protect Journalists (CPJ) has called for Fan's immediate and unconditional release, saying the allegations against her have no credibility.

    Cheng, 47, was born in Hunan and moved to Australia with her parents as a child. She once worked as an anchor on China Global Television News (CGTN), the international arm of CCTV.

    She was detained in August 2020 and formally arrested in February 2021.

    Cheng's detention came amid increasingly strained ties between Beijing and Canberra, which is taking steps to limit the Chinese Communist Party (CCP)'s propaganda outreach in the country, and which has barred Chinese telecoms giant Huawei from bidding for 5G mobile contracts.

    Risks of reporting

    While foreign journalists have long faced challenging conditions under CCP rule, now they are also dealing with growing hostility and intimidation, including online stalking, smear campaigns, hacking and visa denials, the Foreign Correspondents' Club of China (FCCC) said in its annual report in February 2022.

    More than 60 percent of respondents had been obstructed by police or officials last year, while almost all journalists who went to Xinjiang were visible followed throughout their trips, while more than a quarter said their sources had been detained, harassed or questioned more than once following interviews.

    There is also a growing legal threat for journalists working in China, with the authorities encouraging a spate of lawsuits or the threat of legal action against foreign journalists, typically filed by sources long after they have explicitly agreed to be interviewed, the report said.

    It said "state-backed attacks" including online trolling of foreign journalists is also on the increase.

    Translated and edited by Luisetta Mudie.


    This content originally appeared on Radio Free Asia and was authored by By Gao Feng and Fong Tak Ho.

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    The Venomous Trial of Judge Jackson https://www.radiofree.org/2022/03/30/the-venomous-trial-of-judge-jackson/ https://www.radiofree.org/2022/03/30/the-venomous-trial-of-judge-jackson/#respond Wed, 30 Mar 2022 08:42:55 +0000 https://www.counterpunch.org/?p=238206 “It is not human nature we should accuse but the despicable conventions that pervert it.” – Marcus Tullius Cicero Far-right white Republican senators, tossing aside decency, decorum and respect, ganged up on Black Judge Ketanji Brown Jackson in a despicable display of unprovoked arrogance, shamelessly asking her mindless culture war questions to appeal to their More

    The post The Venomous Trial of Judge Jackson appeared first on CounterPunch.org.


    This content originally appeared on CounterPunch.org and was authored by Richard C. Gross.

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    ICC trial of Ali Kosheib: Landmark Case of ‘Janjaweed’ Militia Leader https://www.radiofree.org/2022/03/29/icc-trial-of-ali-kosheib-landmark-case-of-janjaweed-militia-leader/ https://www.radiofree.org/2022/03/29/icc-trial-of-ali-kosheib-landmark-case-of-janjaweed-militia-leader/#respond Tue, 29 Mar 2022 16:41:31 +0000 http://www.radiofree.org/?guid=3e512716540207efbabaf3f9e0296311
    This content originally appeared on Human Rights Watch and was authored by Human Rights Watch.

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    Local advocacy groups call on NZ to press Indonesia to free accused activist https://www.radiofree.org/2022/02/27/local-advocacy-groups-call-on-nz-to-press-indonesia-to-free-accused-activist/ https://www.radiofree.org/2022/02/27/local-advocacy-groups-call-on-nz-to-press-indonesia-to-free-accused-activist/#respond Sun, 27 Feb 2022 01:09:44 +0000 https://asiapacificreport.nz/?p=70900 Asia Pacific Report newsdesk

    A national network of groups supporting freedom and justice for West Papua has called on Foreign Minister Nanaia Mahuta to condemn Indonesian charges of treason against accused West Papuan Victor Yeimo.

    They have called for the release of Yeimo, who this week rejected charges against him in a court hearing in the Papuan provincial capital of Jayapura.

    Spokesperson Catherine Delahunty, a former Green Party MP, described the charges against West Papua National Committee (KNPB) international spokesperson as “trumped up” and said Yeimo had suffered a “serious health crisis”.

    “In addition to taking a strong position in support of Ukraine at this terrible moment we are asking Nanaia Mahuta to stand up for human rights in our neighbourhood,” she said in a statement.

    “Last week Victor Yeimo was charged with treason for participating in an antiracism peaceful protest on August 19, 2019.

    “He also spoke against the abuse of West Papuan students, which included hours of being harangued and called ‘monkeys’ before being beaten and arrested.

    “That is his only ‘crime’, but for that he has been detained for ten months, suffered a serious health crisis and is now in court facing trumped up charges of treason,” Delahunty said.

    Yeimo charged with makar
    In Jayapura, the preliminary court hearing against Yeimo was held at the Jayapura District Court in Abepura, Papua, on last Monday, reports Suara Papua.

    During the hearing, the public prosecutor read out the indictment in which he charged Yeimo under the makar (treason, subversion, rebellion) articles.

    The defence believes that the charges are excessive because what happened in August 2019 was a response to the racism which was “rooted in the nature of the Indonesian population against Papuans”.

    Victor Yeimo
    Papuan campaigner Victor Yeimo in handcuffs … he is international spokesperson for the West Papua National Committee (KNPB), a peaceful civil society disobedience organisation. Image: Tribunnews

    The prosecution said that during the protest actions which ended in riots on August 29, 2019, there was verbal as well as written involvement of the defendant along with his colleague the chairperson of the KNPB, Agus Kossay, in demonstrations which were facilitated by the chairpeople of the Student Executive Council (BEM) in Jayapura.

    “They [the chairpersons of the West Papua National Parliament (PNWP), the Federal Republic of West Papua (NRFPB), the West Papua National Coalition for Liberation (WPNCL) and the Free West Papua Campaign (FWPC), together with the defendant], called for, and took part in committing the act of makar with the maximum [aim] of all or part of the country’s territory [separating from Indonesia],” said prosecutor Andrianus Y. Tomana in reading out the charge sheet in the courtroom.

    According to the prosecutor, Yeimo was being indicted for crimes under Article 106 of the Criminal Code (KUHP) in conjunction with Article 55 Paragraph (1) on the crime of makar, Article 110 Paragraph 1 of the KUHP on criminal conspiracy to commit a crime, and Article 110 Paragraph 2 on endeavoring to mobilise people or call on people to commit a crime.

    In reply, Yeimo admitted that he had been involved as a participant in the anti-racist demonstration on August 19, 2019. However, the protest happened without problems and after it finished the protesters returned home.

    ‘I was arrested because of racism’
    “I was arrested only because of the racism case, indeed I was involved and it’s true there were speeches.

    “But it was not just me that gave speeches, the DPRP [Papua Regional House of Representatives] spoke, the governor spoke, all of the Papuan people spoke at the time. So if I’m being tried, why aren’t they being tried?” he asked.

    Yeimo explained that he attended along with other Papuan people in order to oppose and to fight against the racism and this opposition was conveyed peacefully at the Papua governor’s office.

    Delahunty said the Yeimo case had attracted a strong response from UN Special Rapporteurs, but in letters to the West Papua Action Network the New Zealand government only said it was “concerned” and that its officials “raise the case”.

    The European Union Commission has called for Indonesia to allow their high commissioners to visit West Papua, specifically naming the Victor Yeimo case as a human rights issue.

    “Our Foreign Minister needs to support the growing international calls for justice for Victor,” Delahunty said.

    “She needs to condemn this outrage and call for the treason charges to be dropped and Victor Yeimo to be immediately released.”


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    West Papuan leader Victor Yeimo indicted on ‘treason’ charges https://www.radiofree.org/2022/02/23/west-papuan-leader-victor-yeimo-indicted-on-treason-charges/ https://www.radiofree.org/2022/02/23/west-papuan-leader-victor-yeimo-indicted-on-treason-charges/#respond Wed, 23 Feb 2022 01:31:25 +0000 https://asiapacificreport.nz/?p=70653 RNZ Pacific

    West Papuan human rights defender Victor Yeimo has been formally indicted on charges of “treason” by Indonesian authorities at the Jayapura District Court.

    The authorities have been trying to get Yeimo, who is the leader of the pro-independence West Papua National Committee (KNPB) in court since May last year.

    In the indictment he is accused of treason for pushing for West Papua’s independence.

    The court hearing was on Monday and he is due to appear again on Friday.

    Yeimo had been arrested by police in Jayapura in May last year after they had been seeking to arrest him for two years.

    The arrest was because Yeimo called for a referendum on Papuan independence during anti-racism protests which ended in riots in Papua and West Papua provinces in 2019.

    He had initially gone to court in August last year but he was very ill and his lawyers sought a postponement.

    Yeimo’s international lawyer, Veronica Koman, said at that time that he was so ill he could die at anytime.

    This article is republished under a community partnership agreement with RNZ.


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

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    Assailant of Turkish journalist Can Dündar convicted over 2016 attack, but sentence delayed https://www.radiofree.org/2021/07/15/assailant-of-turkish-journalist-can-dundar-convicted-over-2016-attack-but-sentence-delayed/ https://www.radiofree.org/2021/07/15/assailant-of-turkish-journalist-can-dundar-convicted-over-2016-attack-but-sentence-delayed/#respond Thu, 15 Jul 2021 18:17:28 +0000 https://cpj.org/?p=119565 On July 8, 2021, a Turkish court sentenced Murat Şahin, who attempted to shoot journalist Can Dündar in a 2016 incident in Istanbul that left journalist Yağız Şenkal injured, to a delayed prison term and monetary fine, according to news reports.

    The 28th Istanbul Court of First Instance found Şahin guilty of several charges, including “threatening [Dündar] with a weapon,” “intentional injury” to Şenkal, and “carrying an unregistered weapon,” according to those reports. In addition to imposing a fine 500 Turkish lira (US$57), the court sentenced Şahin to three years, one month, and 15 days in prison, citing his “good behavior” during the trial. However, the court delayed the execution of his sentence, allowing him to remain free unless he commits another crime in the next five years, those reports said.

    Şahin claimed during the trial that while he did attempt to attack Dündar, he injured Yağız by mistake. He argued that he should be acquitted but he did not offer a reason why, those reports said.

    Sabri Boyacı and Habip Ergün Celep, the other two suspects in the case who were tried as a lookout and an instigator, were acquitted due to lack of evidence, the reports said.

    The ruling was part of a retrial, after Şenkal’s lawyers appealed the original verdict in 2018, which had sentenced Şahin to 10 months in prison and imposed a 4,500 lira (US$750 at the time) fine, as CPJ documented. Boyacı and Celep were acquitted in that trial as well, according to reports.

    Şahin attacked Dündar, former chief editor at the daily Cumhuriyet, in front of the Istanbul’s Çağlayan courthouse on May 6, 2016, CPJ has documented. Şenkal, an NTV reporter, was hit by a stray bullet. Şahin was arrested and imprisoned for six months after the attack.

    Dündar received CPJ’s International Press Freedom Award in 2016.


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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    Why We Must Stop Using This Misleading Phrase in Courtrooms https://www.radiofree.org/2021/05/11/why-we-must-stop-using-this-misleading-phrase-in-courtrooms/ Tue, 11 May 2021 20:48:33 +0000 https://innocenceproject.org/?p=38255 Last month, former Minneapolis police officer Derek Chauvin was found guilty on three charges for the murder of George Floyd. During the three-week-long trial, jurors heard from nearly a dozen expert witnesses presented by

    The post Why We Must Stop Using This Misleading Phrase in Courtrooms appeared first on Innocence Project.

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    Last month, former Minneapolis police officer Derek Chauvin was found guilty on three charges for the murder of George Floyd. During the three-week-long trial, jurors heard from nearly a dozen expert witnesses presented by the defense and the prosecution. These included medical examiners, medical professionals, and forensic scientists who each spoke about what they believed caused Mr. Floyd’s death.

    Multiple times throughout the trial these professionals were asked to testify to “a reasonable degree of medical certainty” — but the problem is that the phrase has no scientific origin and no clear scientific definition even though it might sound like it does.

    The danger of seemingly “scientific” language

    Research has shown that jurors are influenced by confident and confirmatory answers provided by expert witnesses, especially when cloaked in the language of science. And this has a direct impact on wrongful convictions.

    That’s why the National Commission on Forensic Science recommended that the phrase “degree of scientific certainty,” which actually has no roots in science, no longer be used in courtrooms. That recommendation also extends to any similar phrase involving disciplines where there is no measurable degree of certainty or confidence, such as “a reasonable degree of medical certainty.”

    Both these phrases can easily be confused with “degrees of confidence” or “levels of confidence,” which are used in scientific studies and statistics. But while the latter “degrees” are literal statistical calculations, the former stem from a turn of phrase coined by an attorney in 1935, during the case Herbst vs. Levy. In that case, an attorney asked an expert “whether he could determine with a reasonable degree of scientific certainty” what had caused a boat to capsize.

    In 1969, that turn of phrase became an actual standard of admissibility — meaning that a witness’ opinion had to be based on “reasonable scientific or engineering certainty” to be admitted into court. But in recent decades, the term “reasonable degree of certainty” has come under fire because it’s not a phrase routinely used by the scientific community.

    Research has also shown that medical experts don’t even share an interpretation of what the phrase means among themselves — even when they overwhelmingly share the same opinions and conclusions about a piece of evidence. While some medical experts think a 90% consensus among medical professionals is the threshold to be considered a “reasonable degree of medical certainty,” others think 50% is “reasonable.” There are also doctors who believe the standard should change, depending on whether a case is a criminal, civil, or family matter.

    Because there is no way to calculate a statistical “degree of confidence” when determining the cause of someone’s death, testifying to “a reasonable degree of certainty” about a cause of death is virtually meaningless. To most jurors, however, the use of the phrase sounds authoritative and could make a piece of evidence seem more compelling than it is.

    The risks of misleading a jury 

    Nearly 25% of exonerees were wrongly convicted in cases involving false or misleading forensic evidence, including evidence presented with “exaggerated or misleading confidence,” according to the National Registry of Exonerations

    As a result, the U.S. Department of Justice actually banned federal forensic practitioners from using the phrase “reasonable degree of scientific certainty” in 2016 based on the National Commission on Forensic Science’s recommendation. Simultaneously, federal prosecutors were asked to abstain from using such phrases — rather than being outright banned — when presenting or questioning forensic experts about reports, conclusions, or opinions.

    As we saw in Mr. Chauvin’s trial, that presents a problem. While forensic experts might not use the phrase in their testimony, attorneys can still introduce it in their questioning, potentially misleading jurors.

    A jury has the responsibility of weighing evidence and deciding whether someone is guilty beyond reasonable doubt. With this responsibility, they have the power to alter the course of someone’s life. Therefore, it is key for potential jurors to be aware of the ways in which such phrases can give false impressions about the certainty of evidence and for these misleading phrases to be kept out of courtrooms.

    The post Why We Must Stop Using This Misleading Phrase in Courtrooms appeared first on Innocence Project.


    This content originally appeared on Innocence Project and was authored by Dani Selby.

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    Derek Chauvin’s defense rests case in former cops murder trial; Inspector General testifies on deadly Capitol siege; California opens vaccines to people over age of 16- April 15, 2021 https://www.radiofree.org/2021/04/15/derek-chauvins-defense-rests-case-in-former-cops-murder-trial-inspector-general-testifies-on-deadly-capitol-siege-california-opens-vaccines-to-people-over-age-of-16-april-15-2021/ https://www.radiofree.org/2021/04/15/derek-chauvins-defense-rests-case-in-former-cops-murder-trial-inspector-general-testifies-on-deadly-capitol-siege-california-opens-vaccines-to-people-over-age-of-16-april-15-2021/#respond Thu, 15 Apr 2021 18:00:00 +0000 http://www.radiofree.org/?guid=9440490b8ce170b17b5ffb348a078aaa

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    President Joe Biden to pull U.S. troops out of Afghanistan; Cop who shot and killed Duante Wright to be charged with manslaughter; Derek Chauvin murder trial continues – April 14, 2021 https://www.radiofree.org/2021/04/14/president-joe-biden-to-pull-u-s-troops-out-of-afghanistan-cop-who-shot-and-killed-duante-wright-to-be-charged-with-manslaughter-derek-chauvin-murder-trial-continues-april-14-2021/ https://www.radiofree.org/2021/04/14/president-joe-biden-to-pull-u-s-troops-out-of-afghanistan-cop-who-shot-and-killed-duante-wright-to-be-charged-with-manslaughter-derek-chauvin-murder-trial-continues-april-14-2021/#respond Wed, 14 Apr 2021 18:00:00 +0000 http://www.radiofree.org/?guid=f4ecfabac754d1397add5122c0ab3e1d

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    Photo of U.S. troops in Afghanistan, from Department of Defense.

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    President Joe Biden tackles “epidemic” of gun violence with 6 actions; Governor Newsom funds $536 million for wildfire prevention ahead of fire season; Day 9 of ex-cop Derek Chauvin’s murder trial https://www.radiofree.org/2021/04/08/president-joe-biden-tackles-epidemic-of-gun-violence-with-6-actions-governor-newsom-funds-536-million-for-wildfire-prevention-ahead-of-fire-season-day-9-of-ex-cop-derek-chauvin/ https://www.radiofree.org/2021/04/08/president-joe-biden-tackles-epidemic-of-gun-violence-with-6-actions-governor-newsom-funds-536-million-for-wildfire-prevention-ahead-of-fire-season-day-9-of-ex-cop-derek-chauvin/#respond Thu, 08 Apr 2021 18:00:00 +0000 http://www.radiofree.org/?guid=7a5c50d0b27adddf40852620572f21e2

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    Photo of San Francisco gun control rally by Natalie Chaney on Unsplash.

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    More deadly U.K. COVID-19 strain most common in U.S.; Day 8 of ex-cop Derek Chauvin’s murder trial in death of George Floyd; Families of incarcerated California inmates rally demand visitation rights https://www.radiofree.org/2021/04/07/more-deadly-u-k-covid-19-strain-most-common-in-u-s-day-8-of-ex-cop-derek-chauvins-murder-trial-in-death-of-george-floyd-families-of-incarcerated-california-inmates-rally-demand-visitation/ https://www.radiofree.org/2021/04/07/more-deadly-u-k-covid-19-strain-most-common-in-u-s-day-8-of-ex-cop-derek-chauvins-murder-trial-in-death-of-george-floyd-families-of-incarcerated-california-inmates-rally-demand-visitation/#respond Wed, 07 Apr 2021 18:00:00 +0000 http://www.radiofree.org/?guid=db06ea0d244306f3bb226d59e14d0ac0

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    More deadly U.K. COVID-19 strain most common in U.S.; Day 8 of ex-cop Derek Chauvin’s murder trial in death of George Floyd; Families of incarcerated California inmates rally demand visitation rights https://www.radiofree.org/2021/04/07/more-deadly-u-k-covid-19-strain-most-common-in-u-s-day-8-of-ex-cop-derek-chauvins-murder-trial-in-death-of-george-floyd-families-of-incarcerated-california-inmates-rally-demand-visitation-2/ https://www.radiofree.org/2021/04/07/more-deadly-u-k-covid-19-strain-most-common-in-u-s-day-8-of-ex-cop-derek-chauvins-murder-trial-in-death-of-george-floyd-families-of-incarcerated-california-inmates-rally-demand-visitation-2/#respond Wed, 07 Apr 2021 18:00:00 +0000 http://www.radiofree.org/?guid=db06ea0d244306f3bb226d59e14d0ac0

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    California to reopen to normal in June; Day 7 in Derek Chauvin’s murder trial; John Burris sues Danville for police killing of schizophrenic black man – April 6, 2021 https://www.radiofree.org/2021/04/06/california-to-reopen-to-normal-in-june-day-7-in-derek-chauvins-murder-trial-john-burris-sues-danville-for-police-killing-of-schizophrenic-black-man-april-6-2021/ https://www.radiofree.org/2021/04/06/california-to-reopen-to-normal-in-june-day-7-in-derek-chauvins-murder-trial-john-burris-sues-danville-for-police-killing-of-schizophrenic-black-man-april-6-2021/#respond Tue, 06 Apr 2021 18:00:00 +0000 http://www.radiofree.org/?guid=3352fe40c88e10d645a73b9be0b0c0c8

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    California to reopen to normal in June; Day 7 in Derek Chauvin’s murder trial; John Burris sues Danville for police killing of schizophrenic black man – April 6, 2021 https://www.radiofree.org/2021/04/06/california-to-reopen-to-normal-in-june-day-7-in-derek-chauvins-murder-trial-john-burris-sues-danville-for-police-killing-of-schizophrenic-black-man-april-6-2021-2/ https://www.radiofree.org/2021/04/06/california-to-reopen-to-normal-in-june-day-7-in-derek-chauvins-murder-trial-john-burris-sues-danville-for-police-killing-of-schizophrenic-black-man-april-6-2021-2/#respond Tue, 06 Apr 2021 18:00:00 +0000 http://www.radiofree.org/?guid=3352fe40c88e10d645a73b9be0b0c0c8

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    5 dead including 1 boy from a mass shooting in Orange County; Day 4 of Derek Chauvin’s murder trial; California starts vaccinating those 50 years and older starting with Governor https://www.radiofree.org/2021/04/01/5-dead-including-1-boy-from-a-mass-shooting-in-orange-county-day-4-of-derek-chauvins-murder-trial-california-starts-vaccinating-those-50-years-and-older-starting-with-governor/ https://www.radiofree.org/2021/04/01/5-dead-including-1-boy-from-a-mass-shooting-in-orange-county-day-4-of-derek-chauvins-murder-trial-california-starts-vaccinating-those-50-years-and-older-starting-with-governor/#respond Thu, 01 Apr 2021 18:00:00 +0000 http://www.radiofree.org/?guid=bc5ed62e1b9092b92aa368a429561a89

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    President Joe Biden unveils $2 trillion infrastructure plan; Day 3 of Derek Chauvin’s murder trial; Oakland schools reopen for some in-person classes https://www.radiofree.org/2021/03/31/president-joe-biden-unveils-2-trillion-infrastructure-plan-day-3-of-derek-chauvins-murder-trial-oakland-schools-reopen-for-some-in-person-classes/ https://www.radiofree.org/2021/03/31/president-joe-biden-unveils-2-trillion-infrastructure-plan-day-3-of-derek-chauvins-murder-trial-oakland-schools-reopen-for-some-in-person-classes/#respond Wed, 31 Mar 2021 18:00:00 +0000 http://www.radiofree.org/?guid=ec947690f3b64084d5a353602b3c3f4c

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    Day 2 of former cop’s murder trial for killing George Floyd; California lawmakers propose public banking system – March 30, 2021 https://www.radiofree.org/2021/03/30/day-2-of-former-cops-murder-trial-for-killing-george-floyd-california-lawmakers-propose-public-banking-system-march-30-2021/ https://www.radiofree.org/2021/03/30/day-2-of-former-cops-murder-trial-for-killing-george-floyd-california-lawmakers-propose-public-banking-system-march-30-2021/#respond Tue, 30 Mar 2021 18:00:00 +0000 http://www.radiofree.org/?guid=ced0d62a8d20f0613f842d6f61de7b16

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    Murder trial of George Floyd opens with video of white policeman kneeling on his neck; COVID-19 cases and deaths rise in U.S.; Environmental groups sue Kern County oil permits; State lawmakers propose Millionaire Tax https://www.radiofree.org/2021/03/29/murder-trial-of-george-floyd-opens-with-video-of-white-policeman-kneeling-on-his-neck-covid-19-cases-and-deaths-rise-in-u-s-environmental-groups-sue-kern-county-oil-permits-state-lawmakers-propose/ https://www.radiofree.org/2021/03/29/murder-trial-of-george-floyd-opens-with-video-of-white-policeman-kneeling-on-his-neck-covid-19-cases-and-deaths-rise-in-u-s-environmental-groups-sue-kern-county-oil-permits-state-lawmakers-propose/#respond Mon, 29 Mar 2021 18:00:00 +0000 http://www.radiofree.org/?guid=a562d3cabeceffdeff21c61cbc261d51

    Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

    Photo screenshot of cellphone video of Officer Derek Chauvin kneeling on George Floyd’s neck, killing him.

    The post Murder trial of George Floyd opens with video of white policeman kneeling on his neck; COVID-19 cases and deaths rise in U.S.; Environmental groups sue Kern County oil permits; State lawmakers propose Millionaire Tax appeared first on KPFA.


    This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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    Senate votes to hold impeachment trial of former President Donald Trump for inciting insurrection at U.S. capitol; White House to increase vaccine distribution to states to 11 million https://www.radiofree.org/2021/02/09/senate-votes-to-hold-impeachment-trial-of-former-president-donald-trump-for-inciting-insurrection-at-u-s-capitol-white-house-to-increase-vaccine-distribution-to-states-to-11-million/ https://www.radiofree.org/2021/02/09/senate-votes-to-hold-impeachment-trial-of-former-president-donald-trump-for-inciting-insurrection-at-u-s-capitol-white-house-to-increase-vaccine-distribution-to-states-to-11-million/#respond Tue, 09 Feb 2021 18:00:00 +0000 http://www.radiofree.org/?guid=cab17dbd30c781c0c43fa55a5607e215

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    Photo from senate impeachment trial of Donald Trump.

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    Senate approves impeachment trial for former President Donald Trump; Progressive lawmakers introduce New Way Forward Act to decriminalize immigration; President Joe Biden signs 4 executive orders to combat racism and equity https://www.radiofree.org/2021/01/26/senate-approves-impeachment-trial-for-former-president-donald-trump-progressive-lawmakers-introduce-new-way-forward-act-to-decriminalize-immigration-president-joe-biden-signs-4-executive-orders-to-c/ https://www.radiofree.org/2021/01/26/senate-approves-impeachment-trial-for-former-president-donald-trump-progressive-lawmakers-introduce-new-way-forward-act-to-decriminalize-immigration-president-joe-biden-signs-4-executive-orders-to-c/#respond Tue, 26 Jan 2021 18:00:00 +0000 http://www.radiofree.org/?guid=17bf3383eaa3538aae22e79232efe2ae

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    Innocence Project Client Rafael Ruiz Exonerated of Charges in 1985 East Harlem Sexual Assault Case https://www.radiofree.org/2020/01/28/innocence-project-client-rafael-ruiz-exonerated-of-charges-in-1985-east-harlem-sexual-assault-case/ https://www.radiofree.org/2020/01/28/innocence-project-client-rafael-ruiz-exonerated-of-charges-in-1985-east-harlem-sexual-assault-case/#respond Tue, 28 Jan 2020 16:12:01 +0000 https://www.radiofree.org/2020/01/28/innocence-project-client-rafael-ruiz-exonerated-of-charges-in-1985-east-harlem-sexual-assault-case/

    (New York – January 28, 2020) Today, the Hon. Stephen Antignani of the Supreme Court of the State of New York granted a joint motion to vacate the 1985 conviction of Innocence Project client Rafael Ruiz and entered an order dismissing all charges against him. He was previously released after serving 25 years in prison for a crime he did not commit. Today’s exoneration was the result of newly discovered evidence found as part of a dual investigation by the Innocence Project and the New York County District Attorney’s Office’s Conviction Integrity Program that proves Ruiz’s innocence.

    “This case is an example of how conviction integrity programs can work collaboratively with defense attorneys.”

    “This case is an example of how conviction integrity programs can work collaboratively with defense attorneys,” said Seema Saifee, senior staff attorney with the Innocence Project. “It was through this collaboration that we were able to get to the truth in Mr. Ruiz’s case. We now know that police conducted an inadequate investigation marked by unduly suggestive identification procedures. This led to the conviction of a young man with limited resources who bravely insisted he was innocent.”

    Support: Purchasing items on Rafael Ruiz’s Amazon Wishlist 

    “I am thankful to the Innocence Project for all their work to make today a reality,” said Ruiz. “I lost 25 years of my life because I insisted upon my innocence and rejected plea bargains. Today feels like a huge burden off my shoulders and I look forward to living a good life moving forward.”

    “A prosecutor’s job is not just to seek convictions, but to seek justice,” said Manhattan District Attorney Cyrus R. Vance, Jr. “Today, attorneys from my Office’s Conviction Integrity Program moved to vacate the 1985 conviction of Rafael Ruiz and to dismiss the indictment against him on the grounds of newly discovered DNA evidence. We were pleased to be joined in today’s motion by the Innocence Project and I’m grateful for their continued partnership. I’d also like to thank the prosecutors in our Conviction Integrity Program – the first on the East Coast – who work every day to review claims of innocence, and just as importantly, to improve prosecutorial practices on the front end and prevent wrongful convictions from happening in the first place.”

    Ruiz was initially offered a plea deal of 1.5 to three years for this brutal crime, suggesting that prosecutors recognized the weaknesses of the evidence in this case. Ruiz rejected the plea offer and was ultimately sentenced to 8 ⅓ to 25 years in prison. He served the full 25 year sentence.  This highlights the deeply concerning problem of the “trial penalty,” in which defendants receive much longer sentences for the same crime if they choose to go to trial than if they had pled guilty. As a result, innocent people are often coerced to plead guilty to avoid the possibility of a harsher sentence at trial. Ruiz, who always maintained his innocence, chose to fight the charges and reject the plea offer; once convicted, he faced a far lengthier sentence.

    “Today feels like a huge load off my shoulders and I look forward to living a good life moving forward.”

    Ruiz’s conviction stemmed from a sexual assault that occurred on the rooftop of a Manhattan housing project in April 1984. The victim testified that she was walking in the Bronx when she encountered a man named “Ronnie,” an acquaintance of her boyfriend whom she had briefly been introduced to on one prior occasion, and that Ronnie took her to a building in Manhattan. After arriving at the building, they went to the 16th floor. Ronnie went into an apartment on the 16th floor and exited the apartment with two other men. The three men forced her to the rooftop and took turns sexually assaulting her.

    Two weeks after the crime, an NYPD detective took the victim to the crime scene and asked her to point out the apartment from which Ronnie had exited with the two other assailants. The detective knocked on the apartment door the victim identified and was greeted by Ruiz’s brother and sister-in-law. The detective testified that Ruiz’s brother told him that Rafael and another brother had been at the apartment on the night of the incident. This was not supported by the detective’s police report, which stated that Ruiz’s brother told him that Rafael and another brother had been to the apartment at some point that week.

    Later that evening, the detective went to Rafael Ruiz’s home and told Ruiz that his name had come up as part of an investigation. The police took Ruiz to the precinct just after midnight, where Ruiz consented to be photographed without understanding how the image would be used. At about 2 a.m., a detective placed Ruiz’s photo with photos of five other men and showed the photo array to the victim. Except for Ruiz, all of the other men in the photo array had Afro hairstyles, despite the fact that the victim never told the detective that “Ronnie” had an Afro. Ruiz was the only man pictured in the array who had a hairstyle similar to the victim’s description. The victim identified Ruiz as “Ronnie,” a name Ruiz never used.

    Just after the photo identification, the detective placed Ruiz in a one-on-one show up procedure. The victim was in an office with a one-way mirror, while Ruiz was the only man placed on the other side of the mirror. He was wearing the exact same clothing he wore in the photograph that the victim had identified moments earlier.

    While Ruiz was incarcerated, he obtained the assistance of William M. Tendy, Jr. who was previously an Assistant District Attorney in the Trial Bureau of the New York County District Attorney’s Office. Tendy agreed to meet with Ruiz’s family to discuss the case. He initially believed he would not donate more than a few hours of his time to discuss the case, but once he came to believe that Ruiz was innocent, Tendy chose to spend the next three years working on the case without compensation and in his spare time. Through his investigation, Tendy discovered an alternate suspect who lived in the same building on the same floor where the crime occurred and who was known to neighbors as having a history of violence against women. This man fit the victim’s description of the assailant — and his name was Ronnie. Tendy concluded that the victim identified the wrong apartment on the 16th floor – and that the real Ronnie lived just across the hall. Tendy referred the case to the Innocence Project.  

    The Innocence Project and the New York County District Attorney’s Office’s Conviction Integrity Program began a re-investigation and arranged for DNA testing of the victim’s sexual assault kit. The same male profile was identified from semen in the victim’s vaginal and rectal swabs and underwear and from a hair in her pubic hair combings. Ruiz was excluded as the source of all samples tested.  

    While New York enacted a law in 2017 that mandates best practices for eyewitness identification procedures, none of the new requirements in the law would have prevented any of these missteps in the procedure had the identifications been conducted today, suggesting that the same issues that plagued this process could still happen today.

    The Innocence Project, which is affiliated with Benjamin N. Cardozo School of Law at Yeshiva University, is a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice.

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    Harvey Weinstein, Accusers Converge at Court Ahead of Sex Assault Trial https://www.radiofree.org/2020/01/06/harvey-weinstein-accusers-converge-at-court-ahead-of-sex-assault-trial/ https://www.radiofree.org/2020/01/06/harvey-weinstein-accusers-converge-at-court-ahead-of-sex-assault-trial/#respond Mon, 06 Jan 2020 16:59:47 +0000 https://www.radiofree.org/2020/01/06/harvey-weinstein-accusers-converge-at-court-ahead-of-sex-assault-trial/

    NEW YORK  — Harvey Weinstein and several of the women who have accused him of sexual misconduct converged Monday at the New York City courthouse where a judge and his lawyers handled the final preparations for his high-stakes trial on charges of rape and assault.

    Weinstein, 67, entered the building leaning on a walker following a recent back surgery, sporting a dark suit and disheveled hair. When asked outside the courtroom how his back felt, Weinstein responded with a thin smile and a so-so gesture with his hand.

    Inside, his lawyers and prosecutors spent the morning sparring about procedural matters, including how to keep publicity surrounding the trial from influencing the jury’s thinking. The judge denied a motion to sequester jurors throughout the course of the trial.

    Across the street, actresses and other women who say they were sexually harassed or assaulted by Weinstein dismissed him as a villain undeserving of anyone’s pity.

    “He looked cowardly. He wouldn’t look at us. He wouldn’t make eye contact,” said Sarah Ann Masse, a performer and writer who said Weinstein once sexually harassed her in his underwear during a job interview. “This trial is a cultural reckoning regardless of its legal outcome,” she said.

    The court hearing was brief and Weinstein departed in an SUV around 10:45 a.m.

    Jury selection in the trial will start Tuesday, more than two years since the allegations first came to widespread public attention and catalyzed the #MeToo movement.

    Weinstein’s lead lawyer, Donna Rotunno, said she was hopeful a fair jury could be found that wouldn’t pre-judge the case.

    “In this great country, you are innocent until proven guilty,” she told reporters outside the courthouse.

    Weinstein faces allegations that he raped one woman in a Manhattan hotel room in 2013 and performed a forcible sex act on a different woman in 2006.

    He has pleaded not guilty and says any sexual activity was consensual. If he’s convicted of the most serious charges against him, two counts of predatory sexual assault, Weinstein faces a mandatory life sentence.

    For that to happen, prosecutors must demonstrate Weinstein had a habit of violating women, beyond the two directly involved in the encounters in which he’s charged. To that end, they plan to call actress Annabella Sciorra, who says Weinstein forced himself inside her Manhattan apartment in 1993 or 1994 and raped her after she starred in a film for his movie studio.

    They also want jurors to hear from some of the more than 75 women who have come forward publicly to accuse Weinstein of sexual misconduct ranging from harassment to assault. The first allegations were brought to light by The New York Times and The New Yorker in October 2017.

    The judge hasn’t said how many other accusers will be allowed to testify.

    Speaking outside the courthouse as proceedings began, a group of Weinstein’s accusers spoke with reporters, including Masse, the actresses Rosanna Arquette, Dominique Huett and Rose McGowan, model Paula Williams, Louise Godbold and the actress and journalist Lauren Sivan.

    McGowan thanked the women who will testify during the trial as alleged victims for representing many more women who may never get their day in court.

    “They are standing for us, and I am immensely proud of them,” she said. “We didn’t have our day. But hopefully they will. Their victory will be our victory. Their loss will be our loss.”

    Rotunno has argued the case is weak and said she plans to aggressively cross-examine the accusers.

    Prosecutor Joan Illuzzi immediately set a combative tone by referring to Weinstein as a “predator,” drawing an objection from the defense table.

    The lawyers also clashed after prosecutors asked the judge to bar all attorneys in the trial from speaking about the evidence outside court. Illuzzi accused Rotunno of “degrading and humiliating and putting down our witnesses” in statements to the press leading up to the trial.

    “I have not degraded anyone,” Rotunno responded.

    The judge refused to issue a gag order, but told both sides: “Leave the witnesses alone, OK? Don’t talk about them in any way.”

    The judge also barred the defense from calling detective Nicholas DiGaudio as a witness. DiGaudio was removed the investigation amid allegations he had withheld evidence that could have helped defend Weinstein.

    Picking a jury for Weinstein’s trial could take a while, in part because immense media attention on the case could mean some potential jurors already have their minds made up. Weinstein’s lawyers tried to get the trial moved out of Manhattan, but a court rejected that.

    TOM HAYS and MICHAEL R. SISAK / The Associated Press
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