Archive for the 'Criminal law' Category

23
Dec
09

“enhanced interrogation techniques” (or torture) – article, The New York Times

When a visitor mentioned “enhanced interrogation

techniques,” an American term that characterizes harsh treatment of detainees, Mr. Hajj interrupted the interpreter and said, in Arabic, “instead of torture?”

Photo by Al-Jazeera, in The New York Times, former Guantanamo detainee journalist Sami al-Hajj

“We are giving the wrong impression” with that term, he said. “We as journalists are violating human rights because we are changing the perception of reality.” -interview by the New York Times of former Guantanamo detainee journalist Sami al-Hajj

* * *

Quote “From Guantánamo to Desk at Al Jazeera

By BRIAN STELTER, The New York Times, Published: December 22, 2009

Quote “Of the 779 known detainees who have been held at Guantánamo Bay, Cuba — terrorism suspects, sympathizers of Al Qaeda, people deemed enemy combatants by the United States military — only one was a journalist.

Quote “The journalist, Sami al-Hajj, was working for Al Jazeera as a cameraman when he was stopped by Pakistani forces on the border with Afghanistan in late 2001. The United States military accused Mr. Hajj of, among other things, falsifying documents and delivering money to Chechen rebels, although he was never charged with a crime during his years in custody.

Quote “Now, more than a year after his release, Mr. Hajj, a 40-year-old native of Sudan, is back at work at the Arabic satellite news network, leading a new desk devoted to human rights and public liberties. The captive has become the correspondent.

Quote “ “I wanted to talk for seven years, to make up for the seven years of silence,” Mr. Hajj said through an interpreter during an interview at the network’s headquarters in Doha, Qatar.

Quote “Among Al Jazeera’s viewers in the Arab world since the 9/11 attacks, perhaps nothing has damaged perceptions of America more than Guantánamo Bay. For that reason, Mr. Hajj, who did a six-part series on the prison after his release, is a potent weapon for the network, which does not always strive for journalistic objectivity on the subject of his treatment. In an interview, Ahmed Sheikh, the editor in chief of Al Jazeera, called Mr. Hajj “one of the victims of the human rights atrocities committed by the ex-U.S. administration.”

Quote “But Mr. Hajj has not restricted himself to Guantánamo and his own incarceration. He has expanded the network’s coverage of other rights issues, including press freedom in Iraq, Palestinians in Israeli prisons and the implications of the USA Patriot Act. On a Wednesday morning in mid-August, Mr. Hajj pushed Al Jazeera’s news desk to cover a hunger strike by political prisoners in Jordan, and he happily pointed to a nearby television when the Jordan news scrolled on the bottom of the screen.

Quote “Nor has his experience radicalized him: he said that, despite his upbringing in a violent and often repressive country and his experience in detention, he maintained a sustaining belief in democracy and the rule of law.

Quote “Terry Anderson, an Associated Press correspondent who was detained in Lebanon from 1985 to 1991 by Islamic fundamentalists, said he could understand Mr. Hajj’s chosen assignment.

Quote “ “In prison, what do you do? You think about your life. You think about what you were doing, and how it led you here,” Mr. Anderson said.

Quote “Mr. Hajj’s story is well known to Al Jazeera viewers, but not to most Americans. (As with the experiences of many detainees at Guantánamo Bay, his version is uncorroborated by American officials or any documents.) After working at a beverage company and then trying to start a business in Azerbaijan, he began working as a cameraman for Al Jazeera in 2000. He was captured on Dec. 15, 2001, trying to cross the border back into Afghanistan with his camera and a correspondent.

Quote “He later came to believe that the Americans were seeking another Al Jazeera cameraman, one with a similar name who had recorded an interview with Osama bin Laden after the Sept. 11 attacks.

Quote “After being detained by local authorities in Pakistan, Mr. Hajj was transferred into American custody and, he says, tortured and beaten at a prison at the Bagram air base in Afghanistan. He was moved to Kandahar and then transported to Guantánamo Bay in mid-2002. Looking back, he says he thinks that he was sent there in part because he was a journalist.

Quote “ “I had seen a lot of things that I shouldn’t have seen,” he said, citing the treatment of prisoners at Bagram in particular. Mr. Hajj claims that in lengthy interrogations he was asked for details of the network’s staff, policies and processes and that some guards started calling him “Al Jazeera” as a nickname.

Quote “He said an interrogator once asked him, “How much does bin Laden pay Al Jazeera for all the propaganda that Al Jazeera supplies?”

Quote “ “You’re asking the wrong question,” he replied, emphasizing that bin Laden was not a propaganda partner of Al Jazeera, “he’s a newsmaker.”

Quote “In American custody, he tried to keep practicing journalism, he said, writing eyewitness accounts for his lawyers and family members, interpreting fellow detainees’ stories of abuse and even making drawings of forced feedings during a hunger strike.

Quote “ “I felt that I needed to document this for history,” he said, “so that the next generation knows the depth of the crime that was committed.” He audibly emphasized the Arabic word for depth as he spoke.

Quote “During the interview, Mr. Hajj displayed a deep wound on his left leg, which he said he suffered when he was pinned against cell bars during a beating at Guantánamo. He reiterated that the emotional trauma was more extensive than the physical; he says he continues to see psychotherapists.

Quote “Asked about questioning about Al Jazeera, a Pentagon spokesman said members of the media “are not targeted by U.S. forces, but there is no special category that gives members of media organizations immunity if captured engaging in suspicious, terror-related activity.” The spokesman added that all detainees were treated humanely while in custody.

Quote “According to Zachary Katznelson, the legal director for Reprieve, a human rights group that represented Mr. Hajj, the allegations changed over the years: “First, he was alleged to have filmed an interview of Osama bin Laden. It was another cameraman. So, that allegation disappeared. Then the U.S. said Sami ran a jihadist Web site. Turns out, there was no such site. So that allegation disappeared. Then, the U.S. said Sami was in Afghanistan to arrange missile sales to Chechen rebels. There was no evidence to back that up at all. So that allegation disappeared.”

Quote “Mr. Hajj’s release, back to Sudan on a stretcher, came in May 2008 after lobbying by human rights groups and the government of Sudan. The Pentagon spokesman said Mr. Hajj’s release to Sudan “indicated our belief that the government of Sudan could effectively mitigate the threat posed” by him.

Quote “Since his release, he has put on weight and honed his rhetoric. He splits his time between Al Jazeera and the Guantánamo Justice Center, a group he co-founded for former detainees. Through the center he is helping to prepare legal action against former President George W. Bush and officials of his administration.

Quote “Even during a translated interview, he remained keenly sensitive to language, calling the detainees at Guantánamo “captives,” to call attention to what he says is a “place outside of law.”

Quote “When a visitor mentioned “enhanced interrogation techniques,” an American term that characterizes harsh treatment of detainees, Mr. Hajj interrupted the interpreter and said, in Arabic, “instead of torture?”

Quote “ “We are giving the wrong impression” with that term, he said. “We as journalists are violating human rights because we are changing the perception of reality.”

Quote “Oddly, while in a prison sanctioned by American authorities, Mr. Hajj put his faith in the American political system. He gathered bits of news from the guards and, leading up to the 2004 election, was sure that American voters would reject Mr. Bush, which would lead to his freedom. When the guards informed him that the president had been re-elected, he was stunned.

Quote “ “I was sure I would outlive Bush,” he said.” Closed-quote, New York Times.

03
Dec
09

Each day (Forum: Justice for the Maguindanao massacre victims)

“WAG BIBITIW SA MAGUINDANAO 57”

Photo by the Associated Press published in Yahoo Phil used here for educational purposes

Official invite:

quote “All media practitioners, faculty, students and civic  groups are cordially invited to attend “WAG BIBITIW SA MAGUINDANAO 57,” a forum organized by the University of the Philippines College of Mass Communication (UP-CMC) which will be held on Friday, December 4, 2009, 10:00 a.m. at the CMC Auditorium, Plaridel Hall, Annex Building, Ylanan Road, U.P. Campus Diliman, Quezon City.

quote “Herman Basbaño (KBP President and Vice President for Bombo Radyo), Ruperto Nicdao, Jr., (CEO, Manila Broadcasting Corporation and incoming KBP chair), Jay Sonza, UNTV Station Manager, Atty. Leila de Lima (Chair, Commission on Human Rights), Nonoy Espino (President, National Union of Journalists of the Philippines), as well representatives from the Philippine Collegian, Solidaridad, Tinig ng Plaridel, the College Editors Guild of the Philippines and other media groups, are attending the event.

quote “For details, please get in touch with Prof. Rose Feliciano (9206859) or Prof. Marichu Lambino (9206852).” closed-quote.

26
Nov
09

an arrest was made today

An arrest was made today, of Mayor Andal Ampatuan. Day 4.

Photo by Associated Press published in Yahoo News Philippines used here for academic purposes

Yesterday, all so-called “mission orders” issued in the area were cancelled by the AFP [so-called “mission orders” authorize the “Civilian Volunteer Organization” units (goons) to carry heavy firepower]. Today, from DZMM ABS-CBN: DILG Ronaldo Puno announced that 347 men have been disarmed in Maguindanao — daw, allegedly, so he says.

26
Nov
09

(viewer discretion advised for the photo) interested parties waging a disinformation campaign

I apologize for posting the photo below  and i will pixelize the grisly part  24 hours from this posting. There are people subtly waging a disinformation campaign by saying that there was no mutilation that went on when the 57 unarmed civilians,  including more than 13 journalists on coverage of election activities and two lawyers assisting their clients (including passers-by who were on their way home or to work), were slaughtered in the morning of Nov. 23 on the way to the Comelec office in Sharif Aguak, Maguindanao for filing of certificates of candidacy; and that all those who were slain were on the payroll of one of the parties anyway, as if any part of that disinformation would make the butchering that day “neater”.

Swell.

This photo was shot by Agence France Presse and published by Yahoo News Philippines (www.ph.yahoo), it will be pixelized here 24 hours from this posting, again i apologize if this photo offends you, it needs to be seen, at least for a day. It will be pixelized after today.

Photo by Agence France Presse published by ph.yahoo.com , grisly part covered by blog admin

The blog will be posting an entry on the Maguindanao Massacre for each day that not a single arrest is made and not a single armed goon is disarmed in Maguindanao. 4th day.

25
Nov
09

UP Mass Com Dean leads faculty in statement expressing outrage over slaughter of 13 journalists: GMA accountable for support of warlordism

Photo by Gil Nartea

U.P. College of Mass Communication Dean Rolando Tolentino, Ph.D., led the college faculty and other college units in expressing outrage over the Maguindanao Massacre and the slaughter of 13 journalists in a statement yesterday, holding the Arroyo government accountable for its support of warlordism.

24
Nov
09

U.P. Journ faculty statement on the Maguindanao Massacre: GMA should be made to account for coddling warlords and private armies

Statement on

Journalists slaughtered in the line of duty

issued by the undersigned U.P. Journalism Faculty and the U.P. College of Mass Communication Dean. Journ Faculty: Prof. Georgina Encanto, Ph.D. (Feature-writing, History of the Press, Gender-sensitivity; former dean), Prof. Ma. Theresa Jazmines (PR, Advertising, Sports Journalism; former vice chancellor), Prof. Luis V. Teodoro (Ethics, Fundamentals of Journalism; former dean), Prof. Rachel Khan (Newsreporting, Ethics; former chair), Lucia Tangi (Newsreporting), Lecturer Teresa Congjuico (Publication Design), Lecturer Eleanor Agulto (Advertising), Lecturer Fernando del Mundo (Investigative Reporting), Lecturer Dennis Sabangan (Photojournalism), and Prof. Marichu Lambino (Media Law, Fundamentals; Chair, Journalism Dep’t) and U.P. CMC Dean Prof. Rolando Tolentino, Ph.D. This statement is being routed for signature of the college faculty.

The mutilated bodies of journalists Ian Subang (Dadiangas Times), Leah Dalmacio (Forum), Gina dela Cruz (Today), Marites Cablitas (Today), Joy Duhay (UNTV), Henry Araneta (DZRH), Andy Teodoro (Mindanao Inquirer), Neneng Montaño (formerly of RGMA), Bong Reblando, (Manila Bulletin), Victor Nuñez (UNTV), Macmac Ariola (UNTV), Jimmy Cabillo (UNTV), Bart Maravilla (Bombo Radyo, Koronadal) and lawyers Cynthia Oquendo and Connie Brizuela were recovered hours after they had set out to cover the filing of certificates of candidacy by the wife of a local official in Shariff Aguak, Maguindanao yesterday.

The journalists and media practitioners were part of a convoy of some 44 unarmed civilians, most of them women, who were waylaid on their way to the Comelec office. According to reports, the skulls of some of the victims were shattered with bullets, their faces crushed beyond recognition, the women raped, and some of the other victims beheaded.

This is the largest number of journalists killed in one single incident anywhere in the world and comes amid local and international concern over deadly attacks on media people.

While the killings were the result of the long-running feud between the Ampatuans and the Mangudadatus, both maintain private armies that the government has failed to disband. The President relies on her allies to deliver votes to Malacañang, some of whom maintain heavily armed goons beyond the pale of law. Covering elections has become a dangerous trade for journalists in this country. The massacre is in short the direct consequence of the state of lawlessness in Maguindanao abetted by the Arroyo regime, in the same manner that it abets and in some cases even encourages, extra judicial killings– and in the case of journalists, encourages further killings through its indifference.

While the massacre was being perpetrated, the President’s chief political adviser was in fact shaking hands with the Ampatuans in Malacañang yesterday, even as the PNP chief for Maguindanao refused to respond when the victims were calling him up by cellphone.

In an obvious attempt at benefitting from the brutal killings—and in tacit admission that the military and police cannot do anything to prevent further violence without special powers– the presidential adviser on the peace process, Jesus Dureza, could only propose the declaration of a state of emergency in Maguindanao.

The country has been down that road before, and we know where it leads: to further violence as the police and military mask their partisanship for the various groups fighting for power in the province; as well as to further abuse as they impose the will of their patrons on the citizenry.

The Department of Journalism of the U.P. College of Mass Communication holds the Arroyo government accountable for the continuing state of lawless violence in Maguindanao and other parts of the country.

We demand that the President be made to account for the murders and mayhem perpetrated by her allies and for her continued coddling of warlords and private armies. We demand the immediate arrest of the thugs armed with unlicensed firearms as well as their bosses, and the immediate arrest and detention of the perpetrators of the crime and its masterminds regardless of political party.

Mrs. Arroyo should otherwise relinquish control of the AFP units in the area to the Comelec. Her failure to act decisively would not only demonstrate that she has no control over those areas where her allies rule. It would also show that she has a conflict of interest—between her public duty to protect the life of every Filipino on the one hand, and on the other, her interest in coddling the warlords who have delivered votes for her administration in the past regardless of their cost in lives, and on whom she will once again depend in May, 2010.

Statement of undersigned faculty members of the Department of Journalism, and by the Dean of the U.P. College of Mass Communication (the statement is being routed college-wide for signature of members of the college faculty). 24 Nov. 2009

(in alphabetical order)

Eleanor Agulto, Lecturer, PR and Advertising

Teresa Congjuico, Lecturer, Publication Design & Lay-out

Fernando del Mundo, Lecturer, Investigative Reporting

Prof. Georgina Encanto, Ph.D, Professor, Feature-writing, History of the Press, Gender-Sensitivity

Prof. Theresa “Tessa” Jazmines, Professor, PR,

Advertising, Sports Journalism

Prof. Rachel Khan, Professor, Newsreporting,

Fundamentals of Journalism, Ethics

Prof. Marichu Lambino, Chair, Dep’t of Journalism (Media Law, Ethics, Fundamentals)

Dennis Sabangan, Lecturer, Photojournalism

Lucia Tangi, Instructor, Newsreporting, History of the

Press

Former dean, Prof. Luis Teodoro, Professorial Lecturer,

Ethics, Fundamentals, etc.

Prof. Rolando Tolentino, Ph.D, Dean, U.P. College of

Mass Communication

23
Nov
09

Breaking news: 44 allegedly beheaded & mutilated (candidates’ kin, journalists, lawyers) Maguindanao, 1st election-related fatalities

Breaking news: 1st election-related fatalities: 44 allegedly beheaded & mutilated (candidates’ kin, 11 journalists, two lawyers) in Maguindanao

From ABS-CBN: 44 bodies recovered: kin of vice mayor,  11 journalists and two lawyers, were allegedly killed on the way to the filing of certificates of candidacy, by armed men in Sharif Aguak, Maguindanao, according to the vice mayor, Toto Mangudadatu. In an interview by DZMM’s Anthony Taberna and Gerry Baja, Mangudadatu said the 44 were allegedly beheaded and mutilated.

(still from DZMM): The Manila Bulletin confirmed that one of their reporters, Bong Reblando was killed. Benny Antiporda of the National Press Club confirmed that 11 journalists were killed.

(the names were read out loud by the NPC representative over a live phone-patched interview.)

( blog admin will not post the names yet here pending info that the relatives have been informed)

04
Jun
09

Go ahead: Convene the rump session (half of a constituent assembly)

Photo credit: Pecto Camero, MRS-PRIB / 04 June 2009 01:03:11 AM Right-clicked from www.congress.gov.ph used here for non-commercial purposes.

Photo credit: Pecto Camero, MRS-PRIB / 04 June 2009 01:03:11 AM Right-clicked from www.congress.gov.ph used here for non-commercial purposes.

 

Rump session, because legally, the constituent assembly (con-ass) should be convened in joint assembly (Senate and Lower House), and voting separately because of the bicameral nature of the legislature. Joint assembly, because it is deliberative and requires a sense that the other half (the Senate) is moving in the same direction.

 

Administration congressmen should go ahead and convene their half-of-a- constituent-assembly. They should calendar it. Today. Or a day after the State of the Nation. Sign payrolls of the staff for the half-a-constituent assembly. Sign DTR’s (daily time records). Sign vouchers and checks and disbursement forms to pay for the supplies, xerox, food, electricity, maintenance, supplies, etc. Sign contracts for extra and extension of utility and security services Sign contracts and memos. Spend the people’s money. They will incur criminal liability; this enterprise presumes 2010 will never come or that, the next President had entered a modus vivendi not to allow any criminal prosecution of any of the incumbents.

Congress has eleven “non-legislative” powers, as follows (here goes my Justice V.V. Mendoza course outline):

1)to act as Board of Canvassers; 2)call for special elections in case of vacancy, President and VP; 3)Decide on disability of the President when Cabinet disputes capability; 4)Impeachment; 5)Declare a state of war and delegate emergency powers;

6)act on declaration of martial law, suspension of writ; 7)concur in amnesties; 8)concur in treaties; 9)participate in appointment process thru Commission on Appointment; 10)review agreements of government with foreign corporations over utilization of natural resources (President has to report , 30 days);

and…. 11) Constituent power, or the power to propose amendments to the Constitution by a vote of three-fourths of all members of Congress.

The three-fourths (separately, Lower House and Upper House) of the members should be present and voting on the floor when the amendment or revision is up for approval (mere signatures not allowed).

Can the congressmen argue: “ Well, if you’re correct, this is just our half of it. It’s not entirely illegal, it’s half of the process, it’s just pending deliberation and approval by the Upper House….so, we’ll do our half of it first.”

But precisely. It requires a sense that the Senate is moving in the same direction in order not to spend taxpayers’ money on an enterprise that would be void; the Senate already approved a resolution that it will not convene itself into a counterpart con-ass. At least half a dozen laws would have to be violated by members of the Lower House just juggling items and juggling funds paying for salaries and looking for money for a plebiscite.

The action in the Supreme Court is premature (also, the resolutory part of H.R. 1109 merely quotes the provision of the Constitution, “upon a vote of three-fourths of all its (Congress’) members”; you cannot litigate just on the Whereas clauses; the Supreme Court also does not entertain petitions to ask for its opinion (in effect, for declaratory relief, or a request to interpret provisions; disguised as a petition for certiorari and prohibition).   The time to file the action is when an amendment is presented before the   members of the Lower House and they actually assemble and sit in their rump session and moneys start getting disbursed and they start approving amendments by their half-selves (without the Senate); hell, i want to see the amendments, bring it; bring the prime-minister-amendments.

The widespread indignation however is not premature, if only for the insult being heaped on all of us.

Go ahead. Convene your rump session.

28
May
09

Hayden Kho – Katrina Halili sex video Senate hearing today: Kho incriminates himself many times over

(Photo  by pmt007. Cropped.  right-clicked from http://www.flickr.com/creativecommons/ used here for non-commercial purposes under terms of use of the “creative commons license” granted by the photographer to flickr.com)

(Photo by pmt007. Cropped. right-clicked from http://www.flickr.com/creativecommons/ used here for non-commercial purposes under terms of use of the “creative commons license” granted by the photographer to flickr.com)

To your right is a grab of an unidentified unauthenticated video, the still is by pmt007, open source, flickr creative commons license; cropped. I cropped the part showing the woman because i don’t know whether the woman gave consent to the video/ photo.

Here’s the video (or the link to the video) — not the sex video! Video clips of the Senate hearing, linked from www.inquirer.net used here for non-commercial purposes under terms of video- embedding and sharing of said site.

INQUIRER.net VDO – Inquirer.net

Shared via AddThis

He admitted under oath that he used illegal drugs during his private encounters with Katrina Halili and several times thereafter. I didn’t count how many times he admitted to using illegal drugs, but every admission is one count of admission of a crime (use of illegal drugs), which can and will be used in any proceeding, criminal or administrative, against him.

He admitted under oath that on the fourth instance that he videoed Katrina Halili (in the first three times, he said it was with consent from Ms. Halili because she herself saw the camera and in fact talked to the camera while Hayden Kho was holding it), that (the fourth) Ms. Halili did not consent; with some qualification that she must have seen the camera because he supposedly put the videocam on top of the TV, which Ms. Halili denied.

He admitted that he videotaped three (or four?) other women in their sexual encounters without their consent, albeit refusing to comment further.

Katrina Halili on the other hand denied any drug use and denied she had seen the videocam on the fourth instance.




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  • UP Mass Com Dean Rolando Tolentino PhD leads college faculty in statement on Maguindanao murders: GMA accountable ... http://mltp.ly/gsnpeli 1 month ago
  • UP Mass Com Dean Rolando Tolentino PhD leads college faculty in statement on Maguindanao murders: GMA accountable for support of warlordism 1 month ago
  • UP Journ faculty Lucia Tangi (Newsreporting, History of the Press), signs statement too: Disband private armies now. 1 month ago
  • UP Journ faculty Prof. Rachel Khan (Newsreporting, Ethics; former chair), joins call, statement, to demand arrest of perpetrators 1 month ago
  • U.P. Journ Prof. Luis Teodoro (Ethics, Fundamentals; former dean) signs statement too: GMA accountable for mayhem by her allies 1 month ago
  • U.P. Journ Prof. Ma. Theresa Jazmines (PR, Advertising, Sports Journalism former vice chancellor), join signatories, statement on killings 1 month ago
  • U.P. Journ Prof. Georgina Encanto, Ph.D. (Feature-writing, Gender-sensitivity; former dean) join signatories to the statement. 1 month ago
  • U.P. Journ faculty statement on the Maguindanao Massacre: GMA should be made to account for coddling warlords and ... http://mltp.ly/bNaZI24 1 month ago
  • U.P. Journ faculty statement on the Maguindanao Massacre: GMA should be made to account for coddling warlords and private armies. 1 month ago
  • U.P. Journ faculty in a statement on the Maguindanao Massacre demand that GMA be made to account for coddling warl... http://mltp.ly/bxm00v6 1 month ago

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