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Paul Merrell

Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views

thecable.foreignpolicy.com/...line_privacy_rights_everywhere

surveillance state NSA NSA-blowback UN digital-privacy human rights

shared by Paul Merrell on 22 Nov 13 - No Cached
  • The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
  • The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
  • Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
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  • n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
  • "Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
  • The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
  • The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
  • "It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
  • The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
  • Paul Merrell on 22 Nov 13
     
    Woo-hoo! Go get'em, U.N.
Paul Merrell

The Latest European Court of Human Rights Ruling on Accountability for Torture | Just S... - 0 views

www.justsecurity.org/...-ruling-accountability-torture

war & peace CIA rendition torture ECHR Nasr

shared by Paul Merrell on 10 Mar 16 - No Cached
  • In another important decision on European participation in the US war on terrorism, the European Court of Human Rights (ECtHR) issued a judgment late last month against Italy for its role in the extraordinary rendition of Egyptian cleric Osama Mustafa Hassan Nasr, better known as Abu Omar. (An English-language summary of ruling is here; the full decision, presently available only in French, is here.) The ruling not only represents a further contribution to the Strasbourg Court’s growing accountability jurisprudence, but also highlights the United States’ own failure to provide any redress to victims of the torture program that it primarily created and operated. The ECtHR’s decision in Nasr v. Italy concerns one of the most notorious instances of extraordinary rendition (i.e., the extrajudicial transfer of an individual to another country for purposes of abusive interrogation). In 2003, Nasr, who had been granted political asylum in Italy, was abducted in broad daylight from a street in Milan and taken to Aviano air base, which is operated by the US Air Force. Nasr was subsequently taken, by way of the US’s Ramstein air base in Germany, to Cairo where he was interrogated by Egyptian intelligence services. Egyptian authorities held Nasr in secret for more than a year and subjected him to repeated torture before releasing him in April 2004. Approximately 20 days after his release — and after submitting a statement to Milan’s public prosecutor describing his abuse — Nasr was rearrested and detained without charges. He was released in 2007, but prohibited from leaving Egypt.
  • The ECtHR ruling centers on Italy’s role in Nasr’s abduction in Milan, his rendition to Egypt where he faced a real risk of abuse, and its subsequent failure to conduct an effective domestic investigation or to provide any redress. The ECtHR found Italy liable for multiple violations of the European Convention on Human Rights (ECHR), including article 3 (the prohibition on inhuman or degrading treatment), article 5 (the right to liberty and security), and article 13 (the right to an adequate remedy). It ordered Italy to pay €70,000 to Nasr and €15,000 to his wife, Nabila Ghali, for the suffering and anguish caused by her husband’s enforced disappearance. The Milan public prosecutor had previously investigated and prosecuted 25 CIA officers, including the agency’s Milan station chief, Robert Seldon Lady, and seven Italian military intelligence officers, for aiding and abetting in Nasr’s abduction and rendition. The United States strenuously opposed the prosecution, warning that it would harm US-Italian relations, and the Italian government successfully challenged much of the evidence on the grounds it could jeopardize national security. The trial court convicted 22 CIA agents in absentia and gave them prison sentences of between six to nine years; a Milan appeals court upheld the convictions and overturned the acquittals of the other three US defendants. Italy’s highest court, however, overturned the conviction of five of the Italian military intelligence agents based on state secrecy grounds. The Italian government has refused to seek the extradition of the convicted US nationals. (For more details, Human Rights Watch has an excellent summary of the proceedings in Italy here.)
  • The ECtHR’s ruling in Nasr strengthens accountability by reinforcing state responsibility for participation in abuses committed during the war on terrorism. It builds on the Strasbourg Court’s prior decisions in El-Masri v. Macedonia and Al-Nashiri v. Poland/Husayn (Abu Zubaydah) v. Poland, which held Macedonia and Poland, respectively, liable for their role in CIA torture and rendition, including (in the case of Poland) for hosting a CIA black site. Nasr, together with El-Masri and al-Nashiri/Husayn, should help discourage a state’s future participation in cross-border counterterrorism operations conducted in flagrant violation of human rights guarantees. While the deterrent value of legal judgments may be uncertain, the recent line of Strasbourg Court decisions raises the costs of aiding and abetting illegal operations, even in the national security context.
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  • Nasr also advances the jurisprudence surrounding a state’s duty to conduct an effective domestic investigation into torture. The Strasbourg Court noted that Italian courts had conducted a detailed investigation and that the evidence disregarded by Italy’s highest court on grounds of state secrecy had been sufficient to convict the five Italian military intelligence defendants. It further observed that because the evidence inculpating those defendants had been widely available in the press and on the Internet, the court’s invocation of state secrecy doctrine was not only unpersuasive, but designed to grant impunity to the defendants. Further, the Strasbourg Court noted that the Italian government had never sought the extradition of the convicted CIA agents. As result, the court ruled that despite the efforts of Italian investigators and judges, which had identified the responsible individuals and secured their convictions, the domestic proceedings failed to satisfy the procedural requirements of article 3 of the European Convention (prohibiting torture and other ill-treatment), due to the actions of the executive. This ruling is important because it imposes liability not only where a state takes no steps towards a genuine domestic investigation and prosecution (as in El-Masri and Al-Nashiri/Husayn), but also where efforts by a state’s judges and prosecutors are thwarted in the name of state secrecy.
  • The ECtHR’s rulings on the CIA torture program also highlight the continued absence of accountability in the United States. The US has failed both to conduct an effective criminal investigation of those most responsible for CIA torture and to provide any remedies to victims. In fact, the Obama administration has vigorously opposed the latter at every turn, invoking the same sweeping state secrecy doctrines the ECtHR rejected in El-Masri and Nasr. These rulings will likely catalyze future litigation before the Strasbourg Court and in European domestic courts as well. (Recent actions filed against Germany for its participation in US targeted killings through use of the Ramstein Air Base provide one example of such litigation.) While the ECtHR’s rulings may not spur further efforts in the United States, they reinforce the perception of the United States as an outlier on the important question of accountability for human rights violations.
Gary Edwards

Why Progressives Don't Understand And Are Enemies Of Liberty | Western Free Press - 0 views

www.westernfreepress.com/...and-and-are-enemies-of-liberty

shared by Gary Edwards on 06 Apr 16 - No Cached
  • For a classical liberal, freedom means that each individual possesses as a human being certain inviolable rights, those being rights to his life, liberty and honestly acquired property. And that human relationships should be based on voluntary consent and mutual agreement. For my interlocutor, freedom means “empowerment” or the ability to do or achieve certain things, without which “freedom” is not complete. These include a minimum or “decent” standard of living and the ability to attain certain potentials in life, which are everyone’s “right” as a member of society.
  • For my fellow conversationalist, society is a shared “community” of human beings each of whom owes certain things to the others, just as the others owe certain things to us. Society might be viewed as an extended family, from this perspective, all the members of which have certain required obligations to support and give assistance to their social “relatives.” I suggested that society is a network of human relationships formed between individuals based upon opportunities for mutual betterment, including both the economic and the cultural in the widest sense, the fundamental foundation of which derives from those essential individual rights.
  • French eighteenth century philosopher, Jean-Jacque Rousseau, who reasoned that man began as savages in the wild threatened by both beast and other men. Everyone entered into a social contract and formed society for mutual safety and betterment by giving up a portion of their complete and unrestrained “freedom” in that earlier setting of savagery for the order and security of shared community. The freedom given up is compensated by safety and the security of mutual aid, including the modern welfare state.
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  • British philosopher, John Locke, who argued that rights are not bestowed upon man by government or the community but belong to him by his nature as a human being. Government, in Locke’s social contract, is to provide individuals with a tool for the common defense against the violence of some of their fellow men. The role of government is the securer of liberty by protecting each individual’s rights to his life, liberty and property, and not as a guarantor of a certain standard of living or desired access to various material things.
  • The reason, I said, was that if the government undertook this latter responsibility of “social safety nets” and “positive” access to various other desired states of affairs, it can do so only by imposing through police power an obligation on others to provide the material means that some others are to be guaranteed. By doing so, government would be violating its original purpose for being brought into existence: the protecting of liberty (including people’s property rights to their own honestly earned income and wealth) rather than a violator that takes from some without their consent for the asserted benefits of others.
  • The world is to be reduced to and confined within a narrow corridor of forms of “good behavior” that people will be either penalized for violating or subsidized for doing through government regulation and spending.
  • Progressives Cling to Collectivism Here, in my opinion, are some of the essential issues and dilemmas facing the advocate of individual liberty, free markets, and constitutionally limited government. Too many of our fellow citizens do not believe that individuals have a right to live for themselves. They truly and honestly believe that “society,” “community,” the collective, is something independent of the distinct individuals who comprise it, and for which the individual is morally, politically and legally obligated to serve and sacrifice for. Police power is a legitimate and appropriate tool of enforcing these obligations and duties, if resistance or indifference is experienced among the citizens in the undertaking of these activities.
  • For the “progressive,” government is “society’s” agent to undertake the tasks of “social justice” and “entitlement” that are owed to each member and to which everyone is required to provide their contribution.  Police power is the means by which everyone is made to contribute their “social dues” in the form of either obedience to government regulations or payment of taxes for redistributive purposes.
  • Liberty and the Meaning of Society and the “Social” For the classical liberal or libertarian, on the other hand, government is considered an agency for the protection of each individual’s rights. “Society” is comprised of the networks of relationships and associations formed by individuals and in which they interact for various fulfillments of human happiness and well-being.
  • The purpose of government in the classical liberal or libertarian perspective is to assure the security and protection from private plunder and violence that would disrupt or disturb the peaceful pursuits that individuals find it useful and enjoyable and fulfilling to follow through various and diverse associations of civil society.
  • Furthermore, the interventionist-welfare state undermines people’s personal and financial ability to participate in those acts and associations of benevolence towards others that they are called by their conscience to pursue in the ways they consider best and most likely of success. The redistributive state arrogantly replaces each person’s personal judgment and decision with that of the self-appointing “experts” who claim to speak and know best for society through the coercive arm of government.
  • Matching these ethical issues of the rights of the individual to live and act peacefully for himself as he sees best, the “progressive” often demonstrates a blinding degree of ignorance and misinformation about the workings of a competitive market economy, the nature of the profit and loss system, and the “invisible hand” of competitive cooperation through the peaceful and the voluntarist pursuit of self-interest. He suffers from a confused, garbled, and contradictory grab bag of ideas derived from Marxism, Fabian socialism, nationalism, fascism, and, though it would be radically and vehemently denied, often-subtle forms of racism, as well.
  • Through all the progressive’s rhetoric about “democracy” and “equality” and “social justice” and “diversity,” theirs is a political philosophy and public policy ideology of elitism, hubris, and authoritarianism dominated by the idea and ideal of remaking human beings, human relationships and the structure and order of society into redesigned patterns and shapes that reflect their notion of how people should live, work, associate and earn a living.
  • Gary Edwards on 06 Apr 16
     
    "Conflicting Meanings of Freedom For a classical liberal, freedom means that each individual possesses as a human being certain inviolable rights, those being rights to his life, liberty and honestly acquired property. And that human relationships should be based on voluntary consent and mutual agreement. For my interlocutor, freedom means "empowerment" or the ability to do or achieve certain things, without which "freedom" is not complete. These include a minimum or "decent" standard of living and the ability to attain certain potentials in life, which are everyone's "right" as a member of society. For my fellow conversationalist, society is a shared "community" of human beings each of whom owes certain things to the others, just as the others owe certain things to us. Society might be viewed as an extended family, from this perspective, all the members of which have certain required obligations to support and give assistance to their social "relatives." I suggested that society is a network of human relationships formed between individuals based upon opportunities for mutual betterment, including both the economic and the cultural in the widest sense, the fundamental foundation of which derives from those essential individual rights. The "Social Contract": Individualist or Collectivist? My dinner companion raised the issue of "the social contract," to which we are all participants and benefactors, he said. He referenced the famous French eighteenth century philosopher, Jean-Jacque Rousseau, who reasoned that man began as savages in the wild threatened by both beast and other men. Everyone entered into a social contract and formed society for mutual safety and betterment by giving up a portion of their complete and unrestrained "freedom" in that earlier setting of savagery for the order and security of shared community. The freedom given up is compensated by safety and the security of mutual aid, including the modern welf
Paul Merrell

US to UN Human Rights Committee: Move Along, Nothing to See Here | American Civil Liber... - 0 views

www.aclu.org/...ee-move-along-nothing-see-here

Dark-State U.S. CIA torture U.N.-Human-Rights-Committee committee

shared by Paul Merrell on 10 Apr 15 - No Cached
  • Yesterday the United States gave the U.N. Human Rights Committee its one year follow-up report on progress made to implement four priority recommendations made by the committee a year ago. The independent human rights experts had reviewed the United States' compliance with a major human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). They found the U.S. coming up short in many areas, including accountability for torture, privacy and surveillance, Guantánamo, and gun violence. Yesterday’s disappointing 15-page submission does provide some information on Justice Department investigations regarding police misconduct, including the recent Ferguson report. But, there was nothing on accountability measures taken in the aftermath of the release of the Senate report on the CIA torture program. The need for Attorney General Eric Holder to appoint a special prosecutor remains as glaring as ever.
  • The submission notes that the Senate report’s 500-page executive summary was “declassified with minimal redactions to protect national security,” but it failed to commit to release the entire report (which the ACLU is currently fighting for in a FOIA lawsuit). And while the submission states that the U.S. “supports transparency and has taken steps to ensure that it never resorts to the use of those [harsh interrogation] techniques again,” there is no mention of any concrete actions taken to criminally investigate CIA torture, especially in light of the new information made public in the report about the brutality of the CIA’s methods, and its lies to Congress, the media, and the public about its torture program. Under the ICCPR and the Convention Against Torture, the U.S. has an obligation to effectively, independently, and impartially investigate all cases of unlawful killing or torture, as well as arbitrary detention or enforced disappearance. The U.S. also has an international legal obligation to appropriately prosecute perpetrators – including high-level policymakers.
  • The U.S. submission mentions the investigation by Justice Department prosecutor John Durham, which he closed in 2012 without any charges being filed. But, the submission fails to provide detailed information on the precise scope of Durham’s mandate. We remain concerned that the investigation may have focused on instances in which interrogators overstepped limits set by senior officials, rather than on the culpability of senior officials themselves. It also remains unclear whether investigators interviewed any prisoners who were subjected to the CIA torture program. During the November 2014 review of the United States before the U.N. Committee Against Torture in Geneva, the committee raised concerns, based on letters and accounts from torture victims or their attorneys, indicating that Durham had never interviewed any detainees. The U.S. delegation responded that it had interviewed 96 persons as part of the investigation, but it did not indicate whether any of the prisoners who were subjected to abuse and torture were amongst those interviewed.
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  • A comprehensive criminal investigation by the U.S. government would dissuade future government officials from ordering or using torture and abuse. Failure to conduct an independent criminal investigation not only flouts international law but it also undermines America’s ability to advocate for human rights abroad and compromises Americans’ faith in the rule of law at home. The ACLU and other human rights groups have until May 1st to submit “shadow reports” to the Human Rights Committee, which will subsequently assess and grade U.S. implementation of the key priority recommendations.  The Obama administration can still avoid a low grade by responding to domestic and international calls to appoint a special prosecutor to conduct a comprehensive criminal investigation of the tactics described in the Senate torture report, including all acts authorizing or ordering acts of torture and other abuses and provide redress to victims of torture.  
Paul Merrell

Secret documents shine light on GCSB spying in Bangladesh - National - NZ Herald News - 0 views

www.nzherald.co.nz/...article.cfm

surveillance state war & peace NZ GCSB CIA NSA Bangladesh torture

shared by Paul Merrell on 16 Apr 15 - No Cached
  • Secret documents reveal New Zealand has shared intelligence collected through covert surveillance with Bangladesh despite that country's security forces being implicated in extrajudicial killings, torture and other human rights abuses. The documents shine light on the major role played by the Government Communications Security Bureau (GCSB) in electronic spying operations conducted in the small South Asian nation. The surveillance has been used to aid the United States as part of its global counter-terrorism campaign, launched after the September 11 attacks in 2001. The New Zealand Herald analysed the documents in collaboration with US news website The Intercept, which obtained them from the NSA whistle-blower Edward Snowden.
  • Green Party co-leader Russel Norman said the spy agency was "dragging" New Zealand into human rights abuses, and the Government should stop providing intelligence assistance to Bangladesh. "All three key anti-terrorism government agencies in Bangladesh have been implicated in horrendous human rights abuses, so it is impossible to guarantee that the information passed on did not lead to innocent people being killed or tortured," Dr Norman said. "John Key has always justified the GCSB on the basis that it is there to protect the good guys, but these documents reveal that it is helping the bad guys.
  • The intelligence gathered by the GCSB staff was also being forwarded to foreign intelligence agencies, including Bangladesh's state intelligence agency. In recent years, human rights groups have issued several reports documenting Bangladeshi intelligence and security agencies' disregard for international prohibitions on torture and alleged involvement in politically motivated killings. In 2014, a case was filed in the International Criminal Court accusing the Bangladesh Government of committing crimes against humanity. The GCSB's surveillance operations in Bangladesh are among the most surprising and obscure yet revealed. Bangladesh barely registers in New Zealand foreign policy. The Ministry of Foreign Affairs and Trade website says: "Relations between New Zealand and Bangladesh remain friendly, although interaction is limited." Nonetheless, a New Zealand government source told the Herald that Bangladesh is the main focus of one of the GCSB's four analysis sections, called ICT, and has been for over a decade. ICT, the Transnational Issues section, was set up in April 2002 in the wake of the September 11 attacks to focus on terrorism threats.
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  • The 2009 document reveals that there is a special collection site in the Bangladesh capital, Dhaka, for eavesdropping on local communications. New Zealand does not have a high commission or any other official building in Bangladesh in which to hide a covert listening post. The Snowden documents suggest the Dhaka unit may be located inside a US-controlled building with operations overseen by the NSA and the Central Intelligence Agency (CIA).
  • The Bangladesh spying is revealed in an April 2013 US National Security Agency (NSA) report about its relationship with New Zealand. In a section called "What Partner Provides to NSA", it says "GCSB has been the lead for the intelligence community on the Bangladesh CT [Counter-Terrorism] target since 2004." The GCSB provides "one of the key SIGINT [signals intelligence] sources of [Bangladesh counter-terrorism] reporting to the US intelligence community."
  • The intelligence gathered by the GCSB staff was being forwarded to foreign intelligence agencies. The April 2013 NSA report said the "GCSB's Bangladesh CT [counter terrorism] reporting provided unique intelligence leads that have enabled successful CT operations by Bangladesh State Intelligence Service, CIA and India over the past year". The specific Bangladesh "State Intelligence Service" referred to is not named in the document. Bangladesh has several agencies that focus on gathering intelligence, primarily including the Directorate General of Forces Intelligence (DGFI), the National Security Intelligence agency (NSI), and the police Special Branch. The lead agency that executes the country's counter-terrorism operations is the Rapid Action Battalion, or RAB. Each of these agencies has been accused of involvement in severe human rights abuses over a sustained number of years. In 2008, for instance, Human Rights Watch alleged that the Special Branch headquarters in Dhaka's Maghbazar neighbourhood was used to torture detainees.
  • In 2010, a trade union activist accused the NSI of arresting, torturing, and threatening to kill him. The same activist was found dead in unexplained circumstances two years later, his toes and feet broken, legs and body battered and bruised, and his legs apparently pierced with a sharp object. Bangladesh's intelligence agencies and main police and security forces co-operate closely. Most notably, they work together as part of a notorious centre called the Taskforce for Interrogation Cell, located inside a compound in northern Dhaka that is controlled by the RAB unit. In 2011, Britain's Guardian newspaper reported the interrogation cell was used as a place to extract information and confessions from "enemies of the state". It was described as a "torture centre" used for "deliberate and systematic" mistreatment of detainees. One British man detained there in 2009 on terrorism-related charges was allegedly hooded and strapped to a chair while a drill was driven into his right shoulder and hip.
  • Other torture methods used by Bangladeshi authorities, according to Human Rights Watch, have included "burning with acid, hammering of nails into toes ... electric shocks, beatings on legs with iron rods, beating with batons on backs after sprinkling sand on them, ice torture, finger piercing, and mock executions". In February last year, the US Government suspended its own support for the RAB, citing "gross violation of human rights" committed by the force's members. The same month, a case against the Bangladesh Government was lodged in the International Criminal Court, accusing the country's officials of waging a brutal campaign of "widespread or systematic" torture, killings, and other human rights abuses that amounted to crimes against humanity.
Paul Merrell

NSA oversight dismissed as 'illusory' as anger intensifies in Europe and beyond | World... - 0 views

www.theguardian.com/...veillance-anger-deepens-europe

surveillance state NSA NSA-oversight NSA-blowback IAHCR U.N. legislation Sensenbrenner Leahy

shared by Paul Merrell on 30 Oct 13 - No Cached
  • The Obama administration's international surveillance crisis deepened on Monday as representatives from a Latin American human rights panel told US diplomats that oversight of the programs was "illusory".Members of the Inter-American Commission on Human Rights, an arm of the Organization of American States, expressed frustration and dissatisfaction with the National Security Agency's mass surveillance of foreign nationals – something the agency argues is both central to its existence and necessary to prevent terrorism. "With a program of this scope, it's obvious that any form of control becomes illusory when there's hundreds of millions of communications that become monitored and surveilled," said Felipe Gonzales, a commissioner and Chilean national."This is of concern to us because maybe the Inter-American Committee on Human Rights may become a target as well of surveillance," said Rodrigo Escobar Gil, a commissioner and Colombian citizen.
  • Frank La Rue, the United Nations special rapporteur on the right to freedom of opinion and expression, told the commission that the right to privacy was "inextricably linked" to free expression. "What is not permissible from a human rights point of view is that those that hold political power or those that are in security agencies or, even less, those in intelligence agencies decide by themselves, for themselves, what the scope of these surveillance activities are, or who will be targeted, or who will be blank surveilled," La Rue said.While the US sent four representatives to the hearing, they offered no defence, rebuttal or elaboration about bulk surveillance, saying the October government shutdown prevented them from adequate preparation. "We are here to listen," said deputy permanent representative Lawrence Gumbiner, who pledged to submit written responses within 30 days.All 35 North, Central and South American nations are members of the commission. La Rue, originally from Guatemala and an independent expert appointed by the Human Rights Council, travels the world reporting on human rights concerns – often in countries with poor democratic standards.
  • The Obama administration has been fielding a week's worth of European outrage following media reports that the NSA had collected a similarly large volume of phone calls from France – which director of national intelligence James Clapper, who recently apologised for misleading the Senate about domestic spying, called "false" – and spying on German chancellor Angela Merkel's own cellphone, which US officials have effectively confessed to. Brazil and Mexico are also demanding answers from US intelligence officials, following reports about intrusive acts of espionage in their territory revealed by documents provided to journalists by former NSA contractor Edward Snowden. The White House has said it will provide some answers after the completion of an external review of its surveillance programs, scheduled to be completed before the end of the year. The Guardian reported on Thursday that the NSA has intercepted the communications of 35 world leaders.
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  • Spying on foreigners is the core mission of the NSA, one that it vigorously defends as appropriate, legal and unexceptional given the nature of global threats and widespread spycraft. Monday's hearing suggested that there are diplomatic consequences to bulk surveillance even if there may not be legal redress for non-Americans. Brazil has already shown a willingness to challenge Washington over bulk surveillance. President Dilma Rousseff postponed a September meeting with President Obama in protest, and denounced the spying during the UN general assembly shortly thereafter. Brazil is also teaming up with Germany at the UN on a general assembly resolution demanding an end to the mass surveillance. The commission's examination of the NSA's bulk surveillance activities suggested a potential southern front could open in the spy crisis just as the administration is attempting to calm down Europe.
  • International discomfort with NSA bulk surveillance is not the only spy challenge the Obama administration now confronts. Congressman James Sensenbrenner, the Wisconsin Republican and key author of the 2001 Patriot Act, is poised to introduce a bill this week that would prevent the NSA from collecting phone records on American citizens in bulk and without an individual warrant. The National Journal reported that Sensenbrenner's bill, which has a companion in the Senate, has attracted eight co-sponsors who either voted against or abstained on a July amendment in the House that would have defunded the domestic phone records bulk collection, a legislative gambit that came within seven votes of passage.Sensenbrenner's bill, like its Senate counterpart sponsored by Vermont Democrat Patrick Leahy, would not substantially restrict the NSA's foreign-focused surveillance, which is a traditional NSA activity. There is practically no congressional appetite, and no viable legislation, to limit the NSA from intercepting the communications of foreigners. An early sign about the course of potential surveillance reforms in the House of Representatives may come as early as Tuesday. The House intelligence committee, a hotbed of support for the NSA, will hold its first public hearing of the fall legislative calendar on proposed surveillance legislation. Its chairman, Mike Rogers of Michigan, has proposed requiring greater transparency on the NSA and the surveillance court that oversees it, but would largely leave the actual surveillance activities of the NSA, inside and outside the United States, untouched.
  • Alex Abdo, a lawyer with the ACLU, which requested the hearing at the Inter-American Commission on Human Rights, warned the human rights panel that the NSA could "target the foreign members of this commission when they travel abroad", as well as foreign dissidents of US-aligned governments; foreign lawyers for Guantánamo detainees; and other foreigners."If every country were to engage in surveillance as pervasive as the NSA, we would soon live in a state … with no refuge for the world's dissidents, journalists and human rights defenders," Abdo said.
Paul Merrell

One Click Politics - 0 views

oneclickpolitics.com/...movetoamend

shared by Paul Merrell on 03 Jun 14 - No Cached
  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
  • Formed in September 2009, Move to Amend is a coalition of hundreds of organizations and hundreds of thousands of individuals committed to social and economic justice, ending corporate rule, and building a vibrant democracy that is genuinely accountable to the people, not corporate interests.
  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
  • Paul Merrell on 03 Jun 14
     
    I have never forwarded action alerts to others by email. The typical action alert winds up sharing your email address with at least one other organization. The next thing you know you're getting donor solicitations from both the Republican and Democratic party central national coordinating committees. It's not just that I'm a political independent; it's an ongoing task to unsubscribe from unwanted mailing lists. Today I got an action alert from Move to Amend, only the second I have received from the organization. This group does not share your email address with anyone. If you choose to participate in this action alert, which is nearing 1 million messages sent, there is a send button near the bottom of the page to participate. That takes you to a page where you can read the message that will be sent. Move to Amend is a non-partisan organization that has been working toward a constitutional amendment for around 4 years that would clear the way for Congress to regulate campaign contributions, in light of Supreme Court decisions declaring that corporations have a First Amendment right to make campaign contributions in any amount they desire. But their amendment would also abolish constitutional rights for all fictional legal "persons" other than human beings and government at the local, state, and national levels. Move to Amend has been going about the process the right way and to date has scored supporting resolutions in 16 state legislatures and hundreds of community governments. That's enough to get oligarchs worried. So there's a bill gathering steam in the U.S. Senate, SJR 19, that's a watered-down version. It grants Congress and the states power to regulate campaign contributions, but it does not speak to the problem of granting human constitutional rights to entities that have existence only in the eyes of the law. The Senate bill is here: http://goo.gl/Nkvfkg Our nation's Founders unmistakably did not contemplate that corporations would have constitution
Gary Edwards

Google News - 0 views

news.google.com/?ar=1375391426

Libertarians freedom-liberty freedom-tyranny authoritarianism-individual-liberty

shared by Gary Edwards on 01 Aug 13 - No Cached
  • Gary Edwards on 01 Aug 13
     
    WOW!!! Incredible presentation concerning the history of Freedom vs. Tyranny. WOW!! If ever there's a MUST Watch, this is it. Very impressive and sweeping comparison of how authoritarian collectivist seize power in a free society and establish their tyrannies. My notes are listed below: How to recognize potential tyrants and keep them from seizing power. The urge to save humanity is always used to justify those who want to rule humanity. - ML Menken Daniel Webster on the Constitution Obstacles to Tyranny : Limited powers of government .... Due Process .... Presumption of Innocence .... Freedom to Dissent .... Armed Populace: The right to be Armed! Due Process .... 5th Amendment .... Emergency powers. there is no authorization in the US Constitution to suspend Due Process or any aspect of the Bill of Rights .... Asset Seizure Laws for criminal activities (alleged - without warrant or court order) .... Eminent Domain: seizure of private property for government uses: 2005 Kelo vs New London seizure based on jobs (economy) and tax revenue possibilities. .... 6th Amendment - right to trial by jury : plea bargaining admonition based on facing the awesome power of the government to prosecute no matter what - intimidation and threat of personal destruction. .... Forced confessions through plea bargaining. .... Indefinite detention without trial or charges: President has power to kill or issue orders without warrant, charges or trial .... Presumption of Innocence: Probable Cause .... Random stops at Border check points. 5th Amendment protections violated .... Sobriety Check Points: 4th and 5th Amendments violated - no presumption of innocence .... Random detention and questioning: airport security pat downs, housing projects, bus transportation .... The Right to Privacy: financial transactions and the IRS audit (without warrant or accusation) .... Warrant-less Spying .... Agents writing their own search warrants .... Snatch and Peek Freedom to Disse
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

firstlook.org/...ort-condemns-mass-surveillance

surveillance state UN-report digital-privacy

shared by Paul Merrell on 16 Oct 14 - No Cached
  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

Britain Considers Pulling out of European Convention on Human Rights when Armed Forces ... - 0 views

theantimedia.org/-armed-forces-sent-into-combat

war & peace UK human rights ECHR damage-claims

shared by Paul Merrell on 20 Oct 15 - No Cached
  • Senior Whitehall figures are drawing up controversial plans to ensure that Britain’s armed forces will no longer be subject to legal claims by their enemies over human rights violations.Guaranteed to have Brits in Middle England choking on their morning croissants, Saturday’s claims from right-wing mouthpiece, The Telegraph, insisted that taxpayers are facing a bill of £150 million to defend British soldiers being sued by “enemy fighters” for breaching their human rights. The Telegraph claimed that over 2,000 compensation claims and judicial reviews are being prepared by lawyers in the aftermath of the wars in Afghanistan and Iraq as part of a growing litigation culture that is encroaching on the ability of the armed forces to do their jobs.So far, 500 judicial review applications have been lodged, with 1,200 claims for compensation against the Ministry of Defense for alleged abuse, unlawful detention, and unlawful killing in Iraq.Further, an estimated 800 compensation cases from Afghanistan could follow.
  • Defence secretary Michael Fallon is so dismayed at what he calls the “increasing encroachment of human rights law into the battlefield,” that he is determined to take steps to stem the tide of legal action.Some of the planned fightback by ministers should concern everyone:Pulling out of the European Convention: Ministers could declare a temporary withdrawal from the European Convention on Human Rights (ECHR) before sending British forces into action in future.Taking legal action against law firms that have brought “bogus” cases against the Armed Forces: This includes referring lawyers to legal watchdogs and bringing fraud prosecutions against firms found to have made false allegations.A time limit on legal action to stop compensation claims being made years after incidents occur: Further reforms would end legal aid for claimants who are living outside the U.K.Planned new laws would also allow the government to recover the costs of “bogus judicial reviews,”  but one proposal is the most worrying of all:
  • A new Bill of Rights: Michael Gove is working on a British Bill of Rights to replace the Human Rights Act, according to ministers. It will reportedly include safeguards for the Armed Forces to protect them from being sued.In contrast to Michael Fallon’s indignation, a report by Stop The War claims “The long history of British abuse and torture in Kenya, Malaya, Aden, Cyprus, Northern Ireland and Afghanistan cannot be explained as the work of a few ‘bad apples.’”.BottomResponsiveBanner{width:300px;height:250px}@media (min-width:420px){.BottomResponsiveBanner{width:336px;height:280px}}@media (min-width:1300px){.BottomResponsiveBanner{width:728px;height:90px}} The report lists abuses committed by British forces and also references the “loss of the moral compass evident in the behaviour of British forces in Iraq and Afghanistan.”Some might say that by scrapping the Human Rights Act, the government fears being challenged and wants to take away the public’s ability to contest decisions and policies. One thing is for sure: without it, the British government will be allowed to act with almost complete impunity.
Paul Merrell

Declaration For The Americas Moves Toward Signing Without US And Canada - 0 views

www.mintpressnews.com/...204328

OAS Indigenous-people's-rights U.S.-foreign-policy

shared by Paul Merrell on 15 Apr 15 - No Cached
  • Negotiations held over the past 18 years toward resolving historic issues of land dispossession and conflicts over natural resources with indigenous peoples of the Americas are finally expected to reach consensus by May. “We were told there are some states very interested in getting the declaration done so we can move to another stage in the Organization of American States (OAS) and be able to enforce the rights recognized,” said Leonardo A. Crippa, a senior attorney for the Indian Law Resource Center in Washington. “It’s aiming to be completed by May so the text can be submitted for approval to the General Assembly of the OAS, which is meeting in D.C. in June.”
  • This process began in 1989, when the OAS General Assembly approved a resolution to ask the Inter-American Commission of Human Rights (IACHR) to prepare a declaration on the rights of indigenous people of North America, South America, Central America and the Caribbean. The IACHR submitted the first Draft American Declaration on the Rights of Indigenous Peoples in 1997. Also that year, the Indian Law Resource Center and other indigenous rights groups such as the Native American Rights Fund in Colorado petitioned the OAS to create a working group to discuss issues with member states and work toward reaching consensus on resolutions.
  • “We are doing our best to advise indigenous representatives, have discussions with the OAS, and compose language that is more defined than the U.N. Declaration [on the Rights of Indigenous Peoples] to reflect regional issues,” Crippa said. Yet, as Crippa notes, the United States and Canada, among other OAS states, have not accepted the jurisdiction of the Inter-American Court on Human Rights and continue to refuse to sign onto the draft declaration. A statement released by the U.S. delegation to the negotiations in March states: “The United States remains committed to addressing the urgent issues of indigenous peoples in the hemisphere, including combating societal discrimination against indigenous peoples, increasing indigenous participation in national political processes, addressing lack of infrastructure and poor living conditions in indigenous areas, and collaborating on issues of land rights and self governance.” It also notes that the U.S. “continues to believe the OAS can be mobilized to make a practical difference in the lives of indigenous peoples,” but reiterates that it refuses to sign the declaration.
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  • The study also found that Brazil is the country with the greatest diversity of indigenous peoples in isolation, followed by Peru and Bolivia. The current version of the OAS declaration includes Article XXVI, agreed by consensus in 2005, specifically for indigenous peoples in voluntary isolation to have the right to remain in that condition and to live freely and in accordance with their cultures. “In most cases the key recommendation is to prevent contact either by state agencies, officials, non-government organizations or companies wanting to exploit resources of their lands,” Crippa said. Their ancestors lived on the land long before the current states even existed. Vulnerable and at risk of disappearing entirely, they cannot advocate for their own rights. The study cites the National Environment Commission of Peru’s findings that from 1950 to 1957 a total of 11 indigenous groups disappeared completely from the Amazon, and of those remaining, 18 are in grave danger of disappearing, as they each have fewer than 225 members.
  • “There are regional particulates that are unique and not defined in the U.N. Declaration [UNDRIP],” Crippa said. He used the example of people in the Americas living in voluntary isolation, emphasizing, “We need to protect these peoples from internal armed conflicts, such as in Colombia, where they’re caught in the middle of military, paramilitary and guerrilla forces. It’s a situation of a government of a country trying to control land of indigenous peoples without respect to their rights.” Indigenous peoples in voluntary isolation are groups or individuals who remain untouched by non-indigenous populations. They do not maintain contact with non-indigenous populations, may reject any type of contact, or may have chosen to return to their traditional culture and break relations with non-native societies in favor of maintaining their own ways of life. A provision to protect indigenous communities living in isolation has been approved in the OAS draft declaration, which has no corresponding provision in UNDRIP.
  • When efforts to resolve issues have failed to find remedy in their own country, the IACHR can be appealed to. All 35 member states of the OAS are under the jurisdiction of the IACHR, headquartered in Washington. No country can be a part of the OAS process without ratifying the OAS Charter. “All 35 member countries have signed the Declaration on the Rights and Duties of Man of 1948,” said Maria Isabel Rivera, director of Press and Publications for the IACHR. “This means the Commission analyzes all cases and petitions and monitors human rights situations in those countries under the light of the rights recognized in the Declaration.” Countries that have not ratified the convention include the Bahamas, Belize, Canada, Cuba, Guyana, St Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, and the U.S. Thus, cases originating in these countries cannot be brought to the Inter-American Court of Human Rights, but they can be brought to IACHR in a petition of injustice.
  • The OAS draft declaration recommends protections including legislation that specifically addresses indigenous rights to land, culture and self-determination, and training programs for state employees, who may encounter issues that affect communities living in voluntary isolation. It further recommends studies for projects which take into account people living in isolation nearby, and sanctions for those violating natural resources protections. It also calls for limiting commercial tourism in the territories of people living in voluntary isolation and urges companies, organizations and governments to work in coordination with indigenous groups which aim to protect indigenous rights toward free and prior consent. “Indigenous peoples have the right to maintain, express, and freely develop their cultural identity in all respects, free from any external attempt at assimilation,” the draft also states. “The States shall not carry out, adopt, support, or favor any policy to assimilate the indigenous peoples or to destroy their cultures.”
  • Paul Merrell on 15 Apr 15
     
    Did the U.S. refuse because it wishes to retain the option of exploiting indigenous peoples' lands? 
Paul Merrell

Senior UN official castigates World Bank over its approach to human rights | Global dev... - 0 views

www.theguardian.com/...ecial-rapporteur-philip-alston

banksters World-Bank human rights

shared by Paul Merrell on 25 Oct 15 - No Cached
  • The World Bank’s approach to human rights is disingenuous, outdated and “deeply troubling”, an independent UN investigator has said. Professor Philip Alston, the UN special rapporteur on extreme poverty and human rights, said that after 40 years of inconclusive internal discussions, the Washington-based organisation and its 188 member countries had to realise they could no longer separate human rights from development financing.
  • The World Bank has rejected Alston’s claims. In a recent and unusually scathing report, Alston described the bank’s approach to human rights as “incoherent, counterproductive and unsustainable”, adding that it was for most purposes, “a human rights free zone”, and an institution whose operational policies treat human rights “more like an infectious disease than universal values and obligations”.
Paul Merrell

US criticised by UN for human rights failings on NSA, guns and drones | World news | th... - 0 views

www.theguardian.com/...human-rights-abuses-nsa-drones

human rights civil liberties UN

shared by Paul Merrell on 16 Mar 14 - No Cached
  • The US came under sharp criticism at the UN human rights committee in Geneva on Thursday for a long list of human rights abuses that included everything from detention without charge at Guantánamo, drone strikes and NSA surveillance, to the death penalty, rampant gun violence and endemic racial inequality.At the start of a two-day grilling of the US delegation, the committee’s 18 experts made clear their deep concerns about the US record across a raft of human rights issues. Many related to faultlines as old as America itself, such as guns and race.Other issues were relative newcomers. The experts raised questions about the National Security Agency’s surveillance of digital communications in the wake of Edward Snowden’s revelations. It also intervened in this week’s dispute between the CIA and US senators by calling for declassification and release of the 6,300-page report into the Bush administration’s use of torture techniques and rendition that lay behind the current CIA-Senate dispute.The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992. The current exercise, repeated every five years, is a purely voluntarily review, and the US will face no penalties should it choose to ignore the committee’s recommendations, which will appear in a final report in a few weeks’ time.
  • But the US is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the US.The US came under sustained criticism for its global counter-terrorism tactics, including the use of unmanned drones to kill al-Qaida suspects, and its transfer of detainees to third countries that might practice torture, such as Algeria. Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.Walter Kälin, a Swiss international human rights lawyer who sits on the committee, attacked the US government’s refusal to recognise the convention’s mandate over its actions beyond its own borders. The US has asserted since 1995 that the ICCPR does not apply to US actions beyond its borders - and has used that “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.
  • This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”Kälin went on to express astonishment at some of America’s more extreme domestic habits. He pointed to the release this week in Louisiana of Glenn Ford, the 144th person on death row in the US to be exonerated since 1973, saying: “One hundred and forty-four cases of people wrongfully convicted to death is a staggering number.”Pointing out the disproportional representation of African Americans on death rows, he added: “Discrimination is bad, but it is absolutely unacceptable when it leads to death.”
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  • Among the other issues that came under the committee’s withering gaze were:· the proliferation of stand-your-ground gun laws· enduring racial disparities in the justice system, including large numbers of black prisoners serving longer sentences than whites;· mistreatment of mentally-ill and juvenile prisoners;· segregation in schools;· high levels of homelessness and criminalization of homeless people;· racial profiling by police, including the mass surveillance of Muslim communities by the New York police department.
Paul Merrell

Edward Snowden: US government spied on human rights workers | World news | The Guardian - 0 views

www.theguardian.com/...ent-spied-human-rights-workers

surveillance state Snowden Council-of-Europe testimony NSA-targets Amnesty Human-Rights-Watch NSA-docs warrantless-search

shared by Paul Merrell on 10 Apr 14 - No Cached
  • The US has spied on the staff of prominent human rights organisations, Edward Snowden has told the Council of Europe in Strasbourg, Europe's top human rights body.Giving evidence via a videolink from Moscow, Snowden said the National Security Agency – for which he worked as a contractor – had deliberately snooped on bodies like Amnesty International and Human Rights Watch.He told council members: "The NSA has specifically targeted either leaders or staff members in a number of civil and non-governmental organisations … including domestically within the borders of the United States." Snowden did not reveal which groups the NSA had bugged.The assembly asked Snowden if the US spied on the "highly sensitive and confidential communications" of major rights bodies such as Amnesty and Human Rights Watch, as well as on similar smaller regional and national groups. He replied: "The answer is, without question, yes. Absolutely."
  • Snowden, meanwhile, dismissed NSA claims that he had swiped as many as 1.7m documents from the agency's servers in an interview with Vanity Fair. He described the number released by investigators as "simply a scare number based on an intentionally crude metric: everything that I ever digitally interacted with in my career."He added: "Look at the language officials use in sworn testimony about these records: 'could have,' 'may have,' 'potentially.' They're prevaricating. Every single one of those officials knows I don't have 1.7m files, but what are they going to say? What senior official is going to go in front of Congress and say, 'We have no idea what he has, because the NSA's auditing of systems holding hundreds of millions of Americans' data is so negligent that any high-school dropout can walk out the door with it'?"In live testimony to the Council of Europe, Snowden also gave a forensic account of how the NSA's powerful surveillance programs violate the EU's privacy laws. He said programs such as XKeyscore, revealed by the Guardian last July, use sophisticated data mining techniques to screen "trillions" of private communications."This technology represents the most significant new threat to civil liberties in modern times," he declared.
  • XKeyscore allows analysts to search with no prior authorisation through vast databases containing emails, online chats, and the browsing histories of millions of individuals.Snowden said on Tuesday that he and other analysts were able to use the tool to select an individual's metadata and content "without judicial approval or prior review".In practical terms, this meant the agency tracked citizens not involved in any nefarious activities, he stressed. The NSA operated a "de facto policy of guilt by association", he added.Snowden said the agency, for example, monitored the travel patterns of innocent EU and other citizens not involved in terrorism or any wrongdoing.The 30-year-old whistleblower – who began his intelligence career working for the CIA in Geneva – said the NSA also routinely monitored the communications of Swiss nationals "across specific routes".
Paul Merrell

SANTIAGO, Chile: Chilean accused of murder, torture taught 13 years for Pentagon | Nati... - 0 views

www.mcclatchydc.com/...accused-of-murder-torture.html

war & peace National-Defense-Univ human rights Chile Colombia Operation-Condor

shared by Paul Merrell on 15 Mar 15 - No Cached
  • A member of the late Chilean dictator Augusto Pinochet’s brutal secret police who’s been accused of murder taught for more than a decade at the Pentagon’s premier university, despite repeated complaints by his colleagues about his past. Jaime Garcia Covarrubias is charged in criminal court in Santiago with being the mastermind in the execution-style slayings of seven people in 1973, according to court documents. McClatchy also interviewed an accuser who identified Garcia Covarrubias as the person who sexually tortured him.Despite knowing of the allegations, State and Defense department officials allowed Garcia Covarrubias to retain his visa and continue working at a school affiliated with the National Defense University until last year .Human rights groups also question the school’s selection of a second professor, Colombia’s former top military commander.
  • Some Latin America experts said the hirings by the William J. Perry Center for Hemispheric Defense Studies reflected a continuing inclination by the U.S government to overlook human rights violations in Latin America, especially in countries where it funded efforts to quash leftists. But those experts were especially troubled by Garcia Covarrubias’ long tenure at one of the nation’s most renowned defense institutions. “His hiring undermines our moral authority on both human rights and in the war on terror,” said Chris Simmons, a former Defense Intelligence Agency and Army intelligence officer from 1982 to 2010 who specializes in Latin America. “If he is in fact guilty of what he is accused of, he is a terrorist. Then who are we to tell other countries how they should be fighting terrorism?” To his supporters, Garcia Covarrubias is a brilliant thinker with a Ph.D. and purveyor of leadership skills. To his alleged victims, he’s a sadistic torturer with a penchant for horsewhips and perversity.
  • A 2008 Chilean military document reviewed by McClatchy identified Garcia Covarrubias as a member of the Dirección de Inteligencia Nacional, the feared spy agency known by its acronym DINA.“DINA was simply the most sinister agency in Latin America,” said Peter Kornbluh, a senior analyst with the National Security Archive, which secured the release of U.S. government classified documents underscoring the complicit relationship between the U.S. and Pinochet. “Anyone associated with that agency should never have been allowed into this country, let alone given this job.”Officials with the Pentagon, the State Department and the school refused to comment. Garcia Covarrubias is now back in Chile, ordered by an investigative judge in January 2014 to remain in the country while an inquiry continues into his alleged role in the deaths of seven people in Temuco weeks after the U.S.-backed Pinochet coup on Sept. 11, 1973. His case is one of 108 involving tortured, disappeared or murdered supporters of the deposed elected president, Salvador Allende. More than 3,000 people died at the hands of the regime, and in 2003, then-Secretary of State Colin Powell offered regrets for U.S. involvement in the coup, calling it “not a part of American history that we're proud of.”
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  • The center’s officials who hired and renewed Garcia Covarrubias’ contracts say he was a highly qualified professor and minimize the allegations against him. “We made inquiries with people in the region, in Chile and so forth, and were never given anything negative about Jaime,” said Margaret Daly Hayes, the center’s first director. “He was vetted by the U.S. government, by the (U.S.) Embassy. They obviously didn’t have anything either or he wouldn’t have been hired.”McClatchy, however, located one of his alleged victims, who described being brutalized by him. “They submitted us to torture, twice a day. We were submerged in feces,” Herman Carrasco, who’s now a real estate agent, told McClatchy in Chile. “They stuck rifle barrels in our anuses.”According to Carrasco, the torture unfolded in October and November 1973 – lorded over by the horsewhip-wielding Garcia Covarrubias – and included electric shock administered to eyelids, genitals and other sensitive areas of the body.“He was the person who tortured us, with his face shown,” said Carrasco, who added that he’d known Garcia Covarrubias from social events before the coup. “He forced us into sexual acts, which shows that besides ferocious cruelty there was a level of psychopathic behavior.”
  • Despite very graphic torture accusations against Garcia Covarrubias, U.S. officials are rallying behind him.
  • As the center supported Garcia Covarrubias, it pushed out Andersen in retaliation, the former communications chief said.Last September, Andersen filed a complaint with the Pentagon’s inspector general, with the support of then-Sen. Carl Levin. D-Mich. An inspector general spokeswoman declined to comment. “It’s shameful that at a time the U.S. prestige as a democracy is under attack, that the National Defense University could be playing footsie with a former state terrorism agent,” Andersen said. The details uncovered about Garcia Covarrubias have prompted demands from several members of Congress for a Pentagon accounting of how he was hired and retained his job.“The American people deserve to know that adequate vetting of such individuals would be routine,” said Sen. Patrick Leahy, D-Vt., author of the “ Leahy Law,” which restricts U.S. assistance to foreign security forces that violate human rights.
  • While most of the concerns focused on Garcia Covarrubias, the center also took heat in 2006 for hiring Colombian Gen. Carlos Ospina Ovalle. As army commander, he turned the tables in a decades-old guerrilla war while simultaneously crushing drug cartels. Ospina Ovalle left the center last year and took a post at another National Defense University school.He was hired at the request of the Colombian government and was popular with U.S. military leaders, recalls Downie, the center’s director at the time. “The Colombians wanted, for his own safety, to get him out of Colombia,” said Downie. “This is a guy we certainly wanted to have as a professor.”Human rights groups, however, criticized the general’s hiring and continued employment at the National Defense University. They point to his earlier command in Antioquia province, where right-wing paramilitaries ran roughshod and were linked to the military.“Antioquia in the late 1990s . . . is less than one degree of separation from working with the paramilitaries,” said Adam Isacson, a senior associate specializing in military matters for the Washington Office on Latin America. “If he has not, it’s some miracle that he managed to be the one clean officer.”“Having officers like that, the implicit message is that human rights takes a backseat,” said Isacson.
Paul Merrell

Native Americans say US violated human rights - 0 views

bigstory.ap.org/...s-say-us-violated-human-rights

native-Americans treaty-rights OAS litigation

shared by Paul Merrell on 19 Apr 14 - No Cached
  • A Native American group is asking the international community to charge the United States with human rights violations in hopes of getting help with a land claim. The Onondaga Indian Nation says it plans to file a petition at the Organization of American States on Tuesday, seeking human rights violations against the United States government. It wants the Inter-American Commission on Human Rights to declare that the U.S. government's decision not to hear its lawsuit asking for the return of 2.5 million acres in upstate New York to be violations of international human rights agreements. The nation has argued that about 4,000 square miles in 11 upstate New York counties stretching from Pennsylvania to Canada was illegally taken through a series of bogus treaties. More than 875,000 people live in the area, which includes Syracuse and other cities. U.S. courts have refused to hear the lawsuit asking for the return of their land, with the Supreme Court turning away a final petition in October.
  • The group says it is not seeking monetary damages, eviction of residents or rental payments. Instead, it wants a declaration that the land continues to belong to the Onondagas and that federal treaties were violated when it was taken away. Onondaga leaders have said they would use their claim to force the cleanup of hazardous, polluted sites like Onondaga Lake. The petition against the United States was brought by the Onondaga Nation and the Haudenosaunee Confederacy, which is made up of the Onondaga, Mohawk, Oneida, Cayuga and Seneca Nations.
  • Paul Merrell on 19 Apr 14
     
    Should be an interesting case to watch in the OAS. Its Commission's rulings are non-binding on national governments but dramatically increase bargaining leverage. The Commission has a history of using harsh words when nations overstep their bounds in regard to aboriginal (and other human) rights. And the Onondagas are armed with treaty rights as well. The U.S., of course, has a long history of ignoring its treaties with Native American tribes, notwithstanding that, as treaties, they are the "law of this land."  
Paul Merrell

Polish Outrage to Paying Victims of CIA Black Sites-and What the Eur Court Said | Just ... - 0 views

justsecurity.org/...-cia-black-sites-and-eur-court

war & peace torture CIA ECHR Poland judgments

shared by Paul Merrell on 21 May 15 - No Cached
  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • But the Court took a different, more robust view and found significant responsibility on part of the Polish government. The Court held (my emphasis added): “517. … Notwithstanding the [Article 3] Convention obligation, Poland, for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it from occurring. As the Court has already held above, on the basis of their own knowledge of the CIA activities deriving from Poland’s complicity in the [High-Value Detainees Program] Programme and from publicly accessible information on treatment applied in the context of the “war on terror” to terrorist suspects in US custody the authorities – even if they did not witness or participate in the specific acts of ill-treatment and abuse endured by the applicant – must have been aware of the serious risk of treatment contrary to Article 3 occurring on Polish territory.”
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  • The ruling, which predated the publication of the redacted version of the Senate Intelligence Committee report on the CIA program, brought important judicial scrutiny to the agency’s post-9/11 practices, including the controversial role played by U.S. allies. The Senate report has since provided some further details about Poland’s involvement, although the country is not identified by name. The AP report notes the frustration of those in Poland who view the ruling as unjustifiably punishing the country for CIA actions. An opposition Polish lawmaker has recorded his discontent, stating that the terror suspects remained in the sole custody of U.S. officials throughout their detention. Former Foreign Minister Radoslaw Sikorski has similarly been quoted by the LA Times’ Carol Williams as saying:  “We might have to pay compensation even though our personnel did nothing wrong. You can imagine how Polish people feel about it … We just wish that intelligence matters were kept confidential.”
  • While some in Poland are expressing their exasperation with the Court’s ruling, the issue of compensation has sparked equal outrage among some in the United States who do not believe that suspects of terrorist attacks should receive payments, as noted by the AP. The controversy over compensation comes just as the U.S. faces renewed calls from some European and other countries to compensate victims of CIA torture. At the UN Human Rights Council last week, the Universal Periodic Review report on the United States documented other UN member states’ objections to U.S. practices.
  • Meanwhile, in Europe, more judgments are pending on this subject, including two involving the same detainees (see: Abu Zubaydah v. Lithuania and Al Nashiri v. Romania). While accountability within the U.S. still seems like a pipe dream, the European Court of Human Right’s more robust approach perhaps offers the only means of securing reparation for human rights abuses committed as part of the “war on terror.” The Court’s approach may also help to educate European citizens on the nature of complicity in grave human rights abuses. By calling for compensation, the Court has also served to weaken the forms of international cooperation that foster such violations in the first place.
Paul Merrell

Huge swath of GCHQ mass surveillance is illegal, says top lawyer | UK news | The Guardian - 0 views

www.theguardian.com/...surveillance-spying-law-lawyer

surveillance state GCHQ NSA drones law EHCR RIPA

shared by Paul Merrell on 31 Jan 14 - No Cached
  • GCHQ's mass surveillance spying programmes are probably illegal and have been signed off by ministers in breach of human rights and surveillance laws, according to a hard-hitting legal opinion that has been provided to MPs.The advice warns that Britain's principal surveillance law is too vague and is almost certainly being interpreted to allow the agency to conduct surveillance that flouts privacy safeguards set out in the European convention on human rights (ECHR).The inadequacies, it says, have created a situation where GCHQ staff are potentially able to rely "on the gaps in the current statutory framework to commit serious crime with impunity".
  • Last year, Hague told MPs: "It has been suggested GCHQ uses our partnership with the US to get around UK law, obtaining information that they cannot legally obtain in the UK. I wish to be absolutely clear that this accusation is baseless."However, the legal advice poses awkward new questions about the framework GCHQ operates within, the role of ministers and the legality of transferring bulk data to other spy agencies.The advice makes clear Ripa does not allow GCHQ to conduct mass surveillance on communications between people in the UK, even if the data has briefly left British shores because the call or email has travelled to an internet server overseas.
  • The legal advice has been sent to the 46 members of the all-party parliamentary group on drones, which is chaired by the Labour MP, Tom Watson.
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  • In a 32-page opinion, the leading public law barrister Jemima Stratford QC raises a series of concerns about the legality and proportionality of GCHQ's work, and the lack of safeguards for protecting privacy.
  • The opinion notes that the UK has not adopted the doctrine of "anticipatory self-defence" in the same way as the US to provide legal cover for drone strikes in countries where it is not involved in an international armed conflict."Accordingly, in our view, if GCHQ transferred data to the NSA in the knowledge that it would or might be used for targeting drone strikes, that transfer is probably unlawful," the advice states."The transferor would be an accessory to murder for the purposes of domestic law … We consider that, pursuant to the transfer, the agent is likely to become an accessory to murder."Watson said he would be submitting the legal opinion to the parliamentary intelligence and security committee, which is undertaking an inquiry into mass surveillance."MPs now have strong independent advice questioning the legality of major UK intelligence programmes," he said.
  • The advice concludes: "In short, the rules concerning communications data are too uncertain and do not provide sufficient clarity to be in accordance with the law … we consider the mass interception of communications via a transatlantic cable to be unlawful, and that these conclusions would apply even if some or all of the interception is taking place outside UK territorial waters."Leaving decisions about whether data can be shared with agencies abroad to the "unfettered discretion" of ministers is also a probable breach of the convention, the advice warns.
  • "First, the transfer of private data is a significant interference with an individual's article 8 rights. That interference will only be lawful when proportionate."Secondly, the ECHR has held on more than one occasion that surveillance, and the use of surveillance data, is an area in which governments must conduct themselves in a transparent and 'predictable' manner. The current framework is uncertain: it relies on the discretion of one individual."Thirdly, on a pragmatic level,there is a real possibility that the NSA might function as GCHQ's unofficial 'backup' service. If GCHQ is not entitled to hold onto data itself, it might transfer it to the NSA. In time, and if relevant, that data might be transferred back to GCHQ. Without strong guidelines and scrutiny, the two services might support each other to (in effect) circumvent the requirements of their domestic legislation."The opinion adds: "If GCHQ transfers communications data to other governments it does so without any statutory restrictions. Such transfers are a disproportionate interference with the article 8 rights of the individuals concerned. There are no restrictions, checks or restraints on the transfer of that data."
  • At its most extreme, the advice raises issues about the possible vulnerability of staff at GCHQ if it could be proved that intelligence used for US drone strikes against "non-combatants" had been passed on or supplied by the British before being used in a missile attack."An individual involved in passing that information is likely to be an accessory to murder. It is well arguable, on a variety of different bases, that the government is obliged to take reasonable steps to investigate that possibility," the advice says.
  • "If ministers are prepared to allow GCHQ staff to be potential accessories to murder, they must be very clear that they are responsible for allowing it. We have seen a step change in mass covert surveillance and intelligence gathering, underpinned on dubious legal grounds and with virtually no parliamentary oversight. "The leadership of all the main parties should stop turning a blind eye to a programme that has far-reaching consequences around the globe."
  • Paul Merrell on 31 Jan 14
     
    The lawyer who wrote the opinion is a QC, or Queen's Counsel. See http://en.wikipedia.org/wiki/Queen's_Counsel This opinion *will* result in changes in UK law and oversight of GCHQ. And because much of it is based on the European Convention on Human Rights, the opinion will stoke the anti-spying sentiment in the European Community, which is already at fever-pitch. The ECHR is Europe's implementation of several U.N. treaties on human rights, so the blowback may well extend beyond the EU and UK.  
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

www.justsecurity.org/...w-lawfulness-bulk-surveillance

surveillance state bulk-collection ECHR litigation

shared by Paul Merrell on 11 Dec 15 - No Cached
  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Gary Edwards

REVEALING QUOTES ON THE GOALS OF PSYCHIATRY AND PSYCHOLOGY - 0 views

www.psychquotes.com

psychquotes psychiatry psychiatric

shared by Gary Edwards on 29 Aug 13 - No Cached
  • Psychiatry's Views on Conservatives "In August 2003, the National Institute of Mental Health (NIMH) and the National Science Foundation (NSF) announced the results of their $1.2 million taxpayer-funded study. It stated, essentially, that traditionalists are mentally disturbed. Scholars from the Universities of Maryland, California at Berkeley, and Stanford had determined that social conservatives, in particular, suffer from ‘mental rigidity,’ ‘dogmatism,’ and ‘uncertainty avoidance,’ together with associated indicators for mental illness."
  • Psychiatry's Views on Education "Every child in America entering school at the age of five is insane because he comes to school with certain allegiances to our founding fathers, toward our elected officials, toward his parents, toward a belief in a supernatural being, and toward the sovereignty of this nation as a separate entity. It’s up to you as teachers to make all these sick children well – by creating the international child of the future"
  • Teaching school children to read was a "perversion" and high literacy rate bred "the sustaining force behind individualism."
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  • You see, one of the effects of self-esteem (Values Clarification) programs is that you are no longer obliged to tell the truth if you don’t feel like it. You don’t have to tell the truth because if the truth you have to tell is about your own failure then your self-esteem will go down and that is unthinkable."
  • The social psychologist of the future will have a number of classes of school children on whom they will try different methods of producing an unshakable conviction that snow is black. Various results will soon be arrived at: first, that influences of the home are 'obstructive' and verses set to music and repeatedly intoned are very effective ..
  • When the technique has been perfected, every government that has been in charge of education for more than one generation will be able to control its subjects securely without the need of armies or policemen."
  • "…through schools of the world we shall disseminate a new conception of government – one that will embrace all of the collective activities of men; one that will postulate the need for scientific control and operation of economic activities in the interests of all people."
  • "Education does not mean teaching people to know what they do not know – it means teaching them to behave as they do not behave." 
  • "This is the idea where we drop subject matter and we drop Carnegie Unites (grading from A-F) and we just let students find their way, keeping them in school until they manifest the politically correct attitudes.
  • "I regard myself as one of the most dangerous enemies of religion" Sigmund Freud
  • "Education is thus a most power ally of humanism, and every public school is a school of humanism. What can the theistic Sunday school, meeting for an hour once a week, and teaching only a fraction of the children, do to stem the tide of a five-day program of humanistic teachings?"
  • "Despite rapid progress in the right direction, the program of the average elementary school has been primarily devoted to teaching the fundamental subjects, the three R’s, and closely related disciplines… Artificial exercises, like drills on phonetics, multiplication tables, and formal writing movements, are used to a wasteful degree. Subjects such as arithmetic, language, and history include content that is intrinsically of little value. Nearly every subject is enlarged unwisely to satisfy the academic ideal of thoroughness… Elimination of the unessential by scientific study, then, is one step in improving the curriculum."
  • "We can therefore justifiably stress our particular point of view with regard to the proper development of the human psyche, even though our knowledge be incomplete. We must aim to make it permeate every educational activity in our national life…. We have made a useful attack upon a number of professions. The two easiest of them naturally are the teaching profession and the Church: the two most difficult are law and medicine."
  • "...a student attains 'higher order thinking' when he no longer believes in right or wrong"
  • "A large part of what we call good teaching is a teacher´s ability to obtain affective objectives by challenging the student's fixed beliefs.  …a large part of what we call teaching is that the teacher should be able to use education to reorganize a child's thoughts, attitudes, and feelings."  
  • "Education should aim at destroying free will so that after pupils are thus schooled they will be incapable throughout the rest of their lives of thinking or acting otherwise than as their school masters would have wished
  • Psychiatry's Views on Religion "Religion (is) a universal obsessional neurosis." Sigmund Freud, defining spiritual belief
  • "The educational system should be a sieve, through which all the children of a country are passed. It is highly desirable that no child escape inspection."
  • "The soul or consciousness, which played the leading part in the past, now is of very little importance; in any case both are deprived of their main functions and glory to such an extent that only the names remain. Behaviorism sang their funeral dirge while materialism – the smiling heir – arranges a suitable funeral for them.
  • "…humanists still believe that traditional theism, especially faith in the prayer-hearing God, assumed to love and care for persons, to hear and understand their prayers, and to be able to do something about them, is an unproved and outmoded faith." "
  • "We can therefore justifiably stress our particular point of view with regard to the proper development of the human psyche, even though our knowledge be incomplete. We must aim to make it permeate every educational activity in our national life…. We have made a useful attack upon a number of professions. The two easiest of them naturally are the teaching profession and the Church: the two most difficult are law and medicine."
  • We shall not solve the problems of alcoholism and juvenile delinquency by increasing a sense of responsibility. It is the environment which is 'responsible' for the objectionable behavior, and it is the environment, not some attribute of the individual, which must be changed.
  • Psychiatry's Views on Creating a Slave Society "We can choose to use our growing knowledge to enslave people in ways never dreamed of before, depersonalizing them, controlling them by means so carefully selected that they will perhaps never be aware of their loss of personhood."
  • Teaching school children to read was a "perversion" and high literacy rate bred "the sustaining force behind individualism."
  • "It will of course, be understood that directly or indirectly, soon or late, every advance in the sciences of human nature will contribute to our success in controlling human nature and changing it to the advantage of the common wheel." Edward Thorndike, Key Psychology Theorist, member of the "Eugenics Committee of the USA"
  • "We need a program of psychosurgery for political control of our society. The purpose is physical control of the mind. Everyone who deviates from the given norm can be surgically mutilated.
  • The individual may think that the most important reality is his own existence, but this is only his personal point of view. . . Man does not have the right to develop his own mind. . . . We must electronically control the brain. Someday armies and generals will be controlled by electronic stimulation of the brain." 
  • "Education should aim at destroying free will so that after pupils are thus schooled they will be incapable throughout the rest of their lives of thinking or acting otherwise than as their school masters would have wished
  • "One of the least understood strategies of the world revolution now moving rapidly toward its goal is the use of mind control as a major means of obtaining the consent of the people who will be subjects of the New World Order."
  • "Those of us who work in this field see a developing potential for nearly a total control of human emotional status, mental functioning, and will to act. These human phenomena can be started, stopped or eliminated by the use of various types of chemical substances. What we can produce with our science now will affect the entire society." A "utopia" could be found – providing "a sense of stability and certainty, whether realistic or not."
  • "To achieve world government, it is necessary to remove from the minds of men their individualism, loyalty to family traditions, national patriotism and religious dogmas..."
  • Some packages even include instructions on how to deal with parents and others who object. Stripping away psychological defenses can be done through assignments to keep diaries to be discussed in group sessions, and through role-playing assignments, both techniques used in the original brainwashing programs in China under Mao. Thomas Sowell, writing in Forbes, 1991
  • "The State is the absolute reality and the individual himself has objective existence, truth and morality only in his capacity as a member of the State." Hegel (who influenced Karl Marx)
  • Psychiatry's Views on America "America is a mistake, admittedly a gigantic mistake, but a mistake nevertheless." Sigmund Freud America is the most grandiose experiment the world has seen, but, I am afraid, it is not going to be a success. Sigmund Freud
  • "To achieve world government, it is necessary to remove from the minds of men their individualism, loyalty to family traditions, national patriotism and religious dogmas...
  • "One of the least understood strategies of the world revolution now moving rapidly toward its goal is the use of mind control as a major means of obtaining the consent of the people who will be subjects of the New World Order."
  • Freud on Marxism "The strength of Marxism obviously does not lie in its view of history or in the prophecies about the future which it bases upon that view, but in its clear insight into the determining influence which is exerted by the economic conditions of man upon his intellectual, ethical and artistic reactions." Sigmund Freud
  • Basically, all that is necessary to revoke all the constitutional rights of any citizen is to accuse him of being mentally-ill."
  • John A. Stormer, "None Dare Call it Treason"
  • "Old conventions, customs and values… to be challenged… The aim should be to control not only nature, but human nature." He recommended two slogans for "spreading world-wide the gospel of mental hygiene": "To learn to think internationally" and "The necessity to disarm the mind." Dr. J.R. Lord, psychiatrist
  • "Public life, politics and industry should all of them be within our sphere of influence…. If we are to infiltrate the professional and social activities of other people I think we must imitate the Totalitarians and organize some kind of fifth column activity!  If better ideas on mental health are to progress and spread we, as the salesmen, must lose our identity… Let us all, therefore, very secretly be ‘fifth columnists.’"
  • The techniques of brainwashing developed in totalitarian countries are routinely used in psychological conditioning programs imposed on school children.
  • These include emotional shock and desensitization, psychological isolation from sources of support, stripping away defenses, manipulative cross-examination of the individual’s underlying moral values by psychological rather than rational means. These techniques are not confined to separate courses or programs...they are not isolated idiosyncracies of particular teachers. They are products of numerous books and other educational materials in programs packaged by organizations that sell such curricula to administrators and teach the techniques to teachers.
  • "If all else fails, punishable behavior may be made less likely by changing physiological conditions. Hormones may be used to change sexual behavior, surgery (as in lobotomy) to control violence, tranquilizers to control aggression, and appetite depressants to control overeating." Harvard psychologist B.F. Skinner in "Beyond Freedom and Dignity"
  • We must learn to recognize them for what they are - possessors of no special knowledge of the human psyche, who have, nonetheless, chosen to earn their living from the dissemination of the myth that they do indeed know how the mind works". Psychiatrist Garth Wood, M.D., in "The Myth of Neurosis", 1986
  • These terms indicate only approval or disapproval of some aspect of a person's mentality (thinking, emotions, or behavior). Psychiatrist E. Fuller Torrey, in "The Death of Psychiatry", 1974
  • "The very term ['mental disease'] is nonsensical, a semantic mistake. The two words cannot go together except metaphorically; you can no more have a mental 'disease' than you can have a purple idea or a wise space". Similarly, there can no more be a "mental illness" than there can be a "moral illness." The words "mental" and "illness" do not go together logically. Mental "illness" does not exist, and neither does mental "health."
  • By calling the harmless 'insane', (who statistics prove to be no more violence-prone than the average citizen, unless hopelessly deranged by damaging psychiatric 'treatment'), dangerous and justifying their own existence by the 'need' to deal with that inflated 'danger', the mad-doctors themselves pose the greatest threat to liberty, property and democracy in our times."
  • Citizens for Higher Ethical Standards in Medicine
  • "Mental illness is often used as an ad homonym to discredit the individual. This has been a common use of psychiatric diagnosis in psychiatry in Russia. " ... there are two main groups [of schizophrenia patients] ... 1) people admitted to the mental hospital long before they had been political dissenters ... 2. others who ... have put forward complex social and economic theories as alternatives to orthodox Marxism..."  Wing, cited in "Pseudoscience in Psychology", by Dr. Szasz, p. 126
  • "It is no measure of health to be well adjusted to a profoundly sick society.." J. Krishnamurti
  • "...the subject which will be of most importance politically is Mass Psychology.... The populace will not be allowed to know how its convictions were generated. When the technique has been perfected, every government that has been in charge of education for a generation will be able to control its subjects securely without the need of armies or policemen. As yet there is only one country which has succeeded in creating this politician’s paradise."   The Impact of Science on Society by Bertrand Russell
  • "A Trojan horse full of dangerous psycho-fantasies has been professionally prepared for us by Christian psychiatrists and psychologists...  At the base, such therapies stand upon dogma, not scientific observations, and the dogma is the odious one of Freud and his followers who were some of the century's most anti-Christ teachers.  No amount of well-intentioned refinement of deadly doctrines will make them clean for Christians." Dr. Hilton P. Terrell, M.D
  • "Contrary to the popular public conception, this happenstance is NOT a form of health care, but the result of a fraudulent system being granted police powers by the State.
  • "Psychotherapy may be known in the future as the greatest hoax of the twentieth century."
  • "Nearly half a century has passed since Watson proclaimed his manifesto. Today, apart from a few minor reservations, the vast majority of psychologists, both in this country and in America, still follow his lead. The result, as a cynical onlooker might be tempted to say, is that psychology, having first bargained away its soul and then gone out of its mind, seems now, as it faces an untimely end, to have lost all consciousness." 
  • "Advocates of psychiatric drugs often claim that the medications improve learning and the ability to benefit from psychotherapy, but the contrary is true.  There are no drugs that improve mental function, self-understanding, or human relations.  Any drug that affects mental processes does so by impairing them."
  • "In the 14-year period between 1950 and 1964, more American deaths occurred in state and county mental institutions than in all of the nation's armed conflicts beginning with the Revolutionary War and ending with the Persian Gulf War.  Between 1965 and 1990, the total number of mental-hospital inpatient deaths exceeded the number of battle deaths in the same wars by 70 percent.  Inpatient deaths topped out at 1,103,000 during this 25-year period, compared with 650,563 recorded deaths in battles."
  • Kelly Patricia O’Meara: "The Forgotten Dead of St. Elizabeth's", Insight Magazine, June 16, 2001
  • "The similarities between street drug abuse and psychotropic prescription drug use are disturbing. Both types are toxic. Both can cause psychosis, damage the brain and other organs, and even cause death. And neither type of mind-altering drugs, legal or illegal, treats disease. It's important to recognize that the only significant difference between many prescription psychotropic drugs and street drugs such as "speed" and "downers" is that prescription drugs are legal."
  • Neuro-psychiatrist Sydney Walker in "Dose of Sanity"
  • "Clearly this business of treating minds, particularly this big business of treating young minds, has not policed itself, and has no incentive to put a stop to the kinds of fraudulent and unethical practices that are going on."
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