position:judge

  • A Judge Keeps His Eye on Police Spies
    http://www.nytimes.com/2016/11/02/opinion/a-judge-keeps-his-eye-on-police-spies.html

    In 2011, press accounts revealed that the police were spying on Muslims in New York. The Handschu lawyers subsequently went back to court, arguing that the city was ignoring the guidelines by targeting Muslim groups for infiltration and surveillance because of their religious affiliation. The police had created open-ended “terrorism enterprise investigations” that were clearly intended to circumvent the Handschu guidelines. The department kept records on casual conversations among Muslims, used informants to spy on student groups and scrutinized Muslim congregations for years, though no charges were ever filed against a mosque.

    #Etats-Unis #musulmans #ciblage #persécution

  • 5 British Witch Trials | Mental Floss
    http://mentalfloss.com/article/87880/5-british-witch-trials

    The Salem witch trials of 1692 to ’93 might be among the most famous in history but they were by no means alone—nor was the paranoia that surrounded the grim witch hunts of the 17th and 18th centuries unique to New England. Witch trials were being carried out all across Europe right through to around 1800. Here are the stories behind five witch trials from across Great Britain.

    #histoire #hitoricisation #femmes #sorcières

    • 1. BIDEFORD, DEVON


      The Bideford witch trial that took place in Devon in the far southwest of England in 1682 was one of the last in England to lead to an execution. The three women involved were Temperance Lloyd, a local widow (who had already been acquitted of the murder of a man by witchcraft in 1671), and two beggars, Mary Trembles and Susanna Edwards, who had allegedly been spotted conversing and begging for food with Temperance. Together, the three were suspected of causing the illness of a local woman, Grace Thomas, by supernatural means—although the full list of accusations thrown at the trio included a claim that a demonic figure in league with Temperance had transformed himself into a magpie and flown through Grace’s window to peck her while she slept; Grace later reported that she had suffered “sticking and pricking pains, as though pins and awls had been thrust into her body, from the crown of her head to the soles of her feet.”

      Despite a great deal of the evidence brought against the women being little more than hearsay, all three were found guilty and executed on August 25 at Heavitree, outside Exeter. A plaque commemorating the women on the wall of Exeter’s Rougemont Castle, where the trials were held, is dedicated to “the hope of an end to persecution and intolerance.”

    • 2. WARBOYS, CAMBRIDGESHIRE


      In 1589, a young family named the Throckmortons moved into the manor house beside the church in the tiny rural English village of Warboys, 20 miles north of Cambridge. Soon afterwards, one of the family’s young daughters, Jane, began suffering seizures and fits, which the local doctors found impossible to ease or cure. Then one day the Throckmortons’ neighbors—John and Alice Samuel, and their daughter Agnes—happened to pay the family a visit, but as soon as Alice arrived and took a seat by the fire, Jane’s condition suddenly worsened, and she began to point wildly at Alice, screaming, “Look where the old witch sits!” The mother quickly rebuked Jane and thought nothing more of it. But as more of the children began showing similar symptoms and a respected physician was unable to discover the cause, suspicions returned to the Samuels.

      Even Lady Cromwell, the wife of Oliver Cromwell’s grandfather and a close friend of the Throckmortons, once confronted Alice about her apparent crimes; when Lady Cromwell died a little over a year later, her “murder” was added to the list of crimes of which the Samuel family were eventually accused. Imprisoned and tried before the Bishop of Lincoln, Alice, John, and Agnes Samuel were all found guilty of witchcraft and hanged in April 1593.

    • 3. NORTH BERWICK, EAST LOTHIAN


      The North Berwick witch trials of the late 16th century are notable not only for the sheer number of people involved (over the two years from 1590 to ’92, around a hundred supposed witches and warlocks were implicated in the case), but because the trials were, for much of their duration, personally overseen by the king himself, James VI of Scotland. James was convinced that a local coven of witches had together raised a storm to wreck the ship on which he and his new bride, Anne of Denmark, were returning home from their wedding in Norway. Once suspicions were raised, one of the first to be accused was Geillis “Gelie” Duncan, the young servant of a local chamberlain, who confessed under torture to practicing witchcraft when her apparent gift for healing the sick aroused suspicion. Duncan implicated three further people in her confession, who each implicated several others, who were all then in turn brought in for questioning. One of the accused, Agnes Simpson, a local midwife and healer, was even taken before the king himself for questioning; after confessing to more than 50 crimes brought against her—including relieving the pains of a woman in labor by suffering them herself, and even baptizing a cat—Simpson was executed in January 1591. Another, Euphame MacCalzean, was burned alive without being granted the “mercy” of being hanged first, an astonishingly severe sentence even for the 16th century. In all, a total of six supposed witches were executed.

      Eventually, the supposed network of witchcraft James and his court uncovered led him to believe that his cousin Francis Stuart (or Stewart), 5th Earl of Bothwell, had been behind the entire plot, and had worked with the coven to plot to kill the king and secure the throne for himself. In 1593, however, Bothwell staged a short-lived coup in James’s court and took the opportunity to have himself acquitted of the charges against him. After James retook control, Bothwell fled into exile and died in Naples in 1612.

    • 4. PENDLE HILL, LANCASHIRE


      The Pendle Hill witch trials of 1612 are amongst the most famous in British history, partly because their events are so well documented, partly because a number of those involved genuinely believed that they had supernatural powers, and partly because so many of the accused were eventually executed: Only one of the dozen individuals implicated in the case, Alice Grey, was found not guilty, and one, Margaret Pearson, was sentenced to being pilloried, but was spared the gallows.

      The trials began when a young woman named Alizon Device, from Pendle in Lancashire in northwest England, was accused of cursing a local shopkeeper who soon afterwards suffered a bout of ill health, now believed to have probably been a mild stroke. When news of this reached the authorities, an investigation was started that eventually led to the arrest and trial of several members of Alizon’s family (including her grandmother, Elizabeth Southerns, a notorious practitioner of witchcraft known locally as “Demdike”), as well as members of another local family, the Redfernes, with whom they had reportedly had a long-standing feud. Many of the families’ friends were also implicated in the trial, as were a number of supposed witches from nearby towns who were alleged to have attended a meeting at Elizabeth Southerns’s home on the night of Good Friday 1612.

      The first to be tried (in a different but related case) was Jennet Preston, who was found guilty and executed in York on July 29; the last was Alizon Device herself, who, like her grandmother, was reportedly convinced that she indeed had powers of witchcraft and freely admitted her guilt. In all, 10 men and women were hanged as a result of the trials.

    • 5. SAMLESBURY, LANCASHIRE


      Following the arrest of Alizon Device in Pendle in 1612, the discovery that witchcraft was being practiced in Lancashire caused a wave of paranoia that swept across the county and eventually implicated three women—Jane Southworth, Jennet Bierley, and her daughter Ellen (or Eileen) Bierley—from the neighboring village of Samlesbury. Tried at the same Lancashire hearing as the Pendle witches, the trio were suspected of witchcraft by Jennet’s 14-year-old granddaughter, and Ellen’s niece, Grace Sowerbutts. Her grim testimonial accused the women of everything from shape-shifting (Jennet had reportedly transformed herself into a dog right before Grace’s eyes), to cavorting with demons (“black things going upright, yet not like men in the face,” as Grace described them), to cannibalism (the three women had supposedly abducted a young baby from a local merchant, Thomas Walshman, and drank blood from its navel; when the baby died a few days later, they were accused of robbing the grave and cooking the remains).

      Unlike the trial of the Pendle witches, however, the Samlesbury trial was quickly turned on its head. With the evidence against them concluded, Jane, Jennet and Ellen were finally given the chance to speak and immediately pleaded with the judge not for clemency or mercy, as might have been expected, but to force Grace to tell the court who had coerced her into making the accusations against them. Grace’s immediate look of guilt raised the judge’s suspicions, and he ordered her to be taken from the court and interrogated by two justices of the peace. When they returned, it emerged that the entire grim story had been concocted by a local priest who—at a time of considerable religious upheaval in Britain—had strong-armed Grace into incriminating her Protestant relatives. All three women were acquitted.

  • Judge blocks Mississippi law defunding Planned Parenthood | TheHill
    http://thehill.com/policy/healthcare/302226-judge-blocks-mississippi-law-defunding-planned-parenthood

    A federal judge handed a victory to Planned Parenthood on Thursday in blocking a Mississippi law that banned the state’s Medicaid program from spending money on healthcare providers that offer abortions.

    Mississippi was one of around two dozen states to pass legislation restricting funding for Planned Parenthood in the wake of controversy last year over viral videos targeting the group. The law went into effect in July.

    Planned Parenthood alleged in a lawsuit filed against the state this summer that Mississippi was violating federal law because Medicaid enrollees are legally allowed to seek care from a provider of their choice.

    Gov. Phil Bryant (R) expressed disappointment with the Thursday ruling, saying, “I believe the law was the right thing to do and I will continue to stand with the legislature and people of Mississippi who do not want their hard-earned money going to the largest abortion provider in the nation."

    Bryant and other Republicans cited Planned Parenthood’s role in abortions, though neither of the group’s two affiliates in Mississippi perform abortions.

  • Documentary film-makers face decades in prison for taping oil pipeline protests | US news | The Guardian

    https://www.theguardian.com/us-news/2016/oct/20/north-dakota-oil-pipeline-protest-film-makers-face-prison?CMP=fb_gu

    Two documentary film-makers are facing decades in prison for recording US oil pipeline protests, with serious felony charges that first amendment advocates say are part of a growing number of attacks on freedom of the press.

    The controversial prosecutions of Deia Schlosberg and Lindsey Grayzel are moving forward after a judge in North Dakota rejected “riot” charges filed against Democracy Now! host #Amy_Goodman for her high-profile reporting at the Dakota Access pipeline protests.

    #pipe_lines #tubes #résister

  • Ken Burns explique que Donald Trump est l’héritier de Joseph McCarthy
    https://www.youtube.com/watch?v=z13FoWqtQy0

    Joseph McCarthy’s lawyer was Donald Trump mentor.

    Il suffit de regarder les entrées de Wikipedia pour identifier le rôle que joue l’interview dans la lutte entre les impérialistes démocrates et le réactionnaires républicains. La lignée de Trump est quand même intéressante.

    Joseph Mcarthy
    https://en.wikipedia.org/wiki/Joseph_McCarthy

    Roy Cohn
    https://en.wikipedia.org/wiki/Roy_Cohn

    Cohn’s direct examination of Ethel’s brother, David Greenglass, produced testimony that was central to the Rosenbergs’ conviction and subsequent execution. Greenglass testified that he had given the Rosenbergs classified documents from the Manhattan Project that had been stolen by Klaus Fuchs. Greenglass would later claim that he lied at the trial in order “to protect himself and his wife, Ruth, and that he was encouraged by the prosecution to do so.” Cohn always took great pride in the Rosenberg verdict and claimed to have played an even greater part than his public role. He said in his autobiography that his own influence had led to both Chief Prosecutor Saypol and Judge Irving Kaufman being appointed to the case. He further said that Kaufman imposed the death penalty, based on his personal recommendation.

    J. Edgar Hoover, who recommended him to Joseph McCarthy.

    Cohn invited his friend G. David Schine, an anti-Communist propagandist, to join McCarthy’s staff as a consultant. When Schine was drafted into the US Army in 1953, Cohn made repeated and extensive efforts to procure special treatment for Schine. He contacted military officials from the Secretary of the Army down to Schine’s company commander and demanded for Schine to be given light duties, extra leave, and exemption from overseas assignment. At one point, Cohn is reported to have threatened to “wreck the Army” if his demands were not met. That conflict, along with McCarthy’s accusations of Communists in the defense department, led to the Army–McCarthy hearings of 1954, in which among other developments the Army charged Cohn and McCarthy with using improper pressure on Schine’s behalf, and McCarthy and Cohn countercharged that the Army was holding Schine “hostage” in an attempt to squelch McCarthy’s investigations into Communists in the Army.

    In 1971, businessman Donald Trump moved to Manhattan, where he became involved in large construction projects. Trump came to public attention in 1973 when he was accused by the Justice Department of violations of the Fair Housing Act in the operation of 39 buildings. The government alleged that Trump’s corporation quoted different rental terms and conditions to blacks and made false “no vacancy” statements to blacks for apartments they managed in Brooklyn, Queens, and Staten Island.

    Representing Trump, Cohn filed a countersuit against the government for $100 million, asserting that the charges were irresponsible and baseless. The countersuit was unsuccessful. Trump settled the charges out of court in 1975 without admitting guilt, saying he was satisfied that the agreement did not "compel the Trump organization to accept persons on welfare as tenants unless as qualified as any other tenant.

    Ken Burns
    https://en.wikipedia.org/wiki/Ken_Burns

    Burns is a longtime supporter of the Democratic Party, with almost $40,000 in political donations.

    Christiane Amanpour
    https://en.wikipedia.org/wiki/Christiane_Amanpour

    Amanpour is the niece-in-law of General Nader Jahanbani, who commanded the Imperial Iranian Air Force for nearly 20 years until he was executed by Islamic Revolutionaries in 1979, and of his younger brother Khosrow, who was married to Princess Shahnaz Pahlavi. Amanpour’s uncle, Captain Nasrollah Amanpour, was married to the younger sister of Khosrow and Nader.
    ...
    During the height of the Syrian crisis, in mid to late 2013, Amanpour started a push for the case of war with Syria. She traveled to the UK and appeared on several news programs, not as a journalist, but as an “expert” on the Middle East, and pushed the Obama administration line for war in Syria.

    #USA #politique #racisme #anticommunisme #impérialisme élections

  • Did Human Rights Watch Sabotage Colombia’s Peace Agreement? | The Nation
    https://www.thenation.com/article/did-human-rights-watch-sabotage-colombias-peace-agreement

    “No” won because the right wing, led by former President Álvaro Uribe, was able to turn a vote that was supposed to be on peace into a vote on the FARC. The geographic breakdown of the referendum indicates that “no” won in areas where Uribe and his political party have their support. Take a look especially at the department of Antioquia, where Uribe got his political start as a champion of paramilitary death squads. Sixty-two percent of Antioquia’s voters cast “no.” In the department’s capital, Medellín, a city that has been sold in the United States as a neoliberal success story—Modern! Urbane! Fun! Come visit!—63 percent of voters said “no” (for Medellín’s neoliberal “makeover,” see this essay by Forrest Hylton).

    Uribe served as president from 2002 to 2010. He is best thought of as a Colombian Andrew Jackson, riding to the top office of his country on the wings of mass murder, rural ressentiment, and financial speculation. As an ex-president, he has been toxic, doing everything he could to keep the war going.

    The Colombian elite, especially the retrograde sector Uribe represents, has much to lose with peace: The end of fighting would create a space in which the country’s many social conflicts—having to do with land, labor, and resource extraction—could be dealt with on their own terms, rather than distorted through counterinsurgent politics. And peace would be costly for some sectors, especially for all those Colombians in the “security” business who for years have fed off the Plan Colombia trough.

    Polls show that a majority of Colombians favor peace. But Uribe and his allies in the media and congress lied, obfuscated, and scared. They managed to convince a small minority (the 54,000-vote victory margin for “no” is about a quarter of the number of civilians killed or disappeared by the state since the start of the civil war) that the agreement was a giveaway to the FARC and that Santos was “delivering the country to terrorism.” The Times identifies Uribe and the “far right” as the “biggest winner.” The former president “had argued that the agreement was too lenient on the rebels, who he said should be prosecuted as murderers and drug traffickers. ‘Peace is an illusion, the Havana agreement deceptive,’ Mr. Uribe wrote on Twitter on Sunday after casting his ‘no’ vote.” Thus Uribe has forced himself on the bargaining table, with Santos saying, as paraphrased by the Times, that he would be “reaching out to opposition leaders in the Colombian Congress like former President Álvaro Uribe,” with the Times adding that “experts predicted a potentially tortured process in which Mr. Uribe and others would seek harsher punishments for FARC members, especially those who had participated in the drug trade.”

    The campaign to keep Colombia’s war going had an unlikely ally: Human Rights Watch. José Miguel Vivanco, the head of HRW’s Americas Watch division, emerged as an unexpected player in Colombian politics when he came out strongly against the “justice” provisions of the peace agreement. Vivanco agreed with Uribe by offering the most dire reading of the agreement possible, saying that perpetrators—in the FARC and the military—of human-rights violations would receive immunity. Vivanco was all over the press in Colombia, with his comments used to build opposition to the accords. Once it became clear that he was lining up too closely with Uribe, he staged a mock public dispute with the former para-president, even while continuing to basically support Uribe’s position (h/t Alejandro Velasco).

    • Et au Brésil: Is Human Rights Watch Too Closely Aligned with US Foreign Policy?
      http://cepr.net/publications/op-eds-columns/is-human-rights-watch-too-closely-aligned-with-us-foreign-policy

      Part of that right-wing agenda is a close alliance with the United States and its Cold War strategy of “containment” and “rollback” with respect to the left governments in Latin America. And that is where Human Rights Watch, the most prominent US-based human-rights organization — its Americas Division in particular — comes in. HRW abstained from offering the slightest criticism of the impeachment process; even worse, the executive director of its Americas Division, José Miguel Vivanco, was quoted in the Brazilian media — on the day that the Brazilian Senate voted to permanently oust the president — saying Brazilians “should be proud of the example they are giving the world.” He also praised the “independence of the judiciary” in Brazil. Sérgio Moro, the judge investigating the political corruption cases, has been far from independent. He had to apologize in March for leaking wiretapped conversations to the press between former president Lula da Silva and Dilma; Lula and his attorney; and between Lula’s wife and their children.

  • Illegal immigrant ? To the detention centre !

    We meet Bruno in Santa Apolonia railway station, in Lisbon. He tells us how he was detained for being an illegal immigrant, while he was just going to meet his girlfriend in France. It’s a daily story for many extra-EU citizens facing harsh immigration laws and the randomness of meeting or not the right judge, who will decide on your future.

    http://termini.tv/en/stories/clandestino-centro-detenzione
    #détention_administrative #rétention #asile #migrations #réfugiés #Portugal #témoignage

  • Black men have legitimate reason to run from police, Supreme Court rules
    http://www.independent.co.uk/news/world/americas/black-men-have-legitimate-reason-to-run-from-police-us-court-ruling-c

    La fuite d’un Afro-americain à la vue de la police (étasunienne) n’est pas une preuve de sa culpabilité puisqu’il a des raisons légitimes de craindre ladite police,

    “Rather, the finding that black males in Boston are disproportionately and repeatedly targeted for FIO [Field Interrogation and Observation] encounters suggests a reason for flight totally unrelated to consciousness of guilt.

    “Given this reality for black males in the city of #Boston, a judge should, in appropriate cases, consider the report’s findings in weighing flight as a factor in the reasonable suspicion calculus.”

    #Etats-Unis #harcèlement #violences_policières

  • #Medhanie l’Erythréen est-il un redoutable passeur ou un migrant pris dans une erreur judiciaire ?

    « Ce n’est pas juste, je ne peux pas accepter une décision qui est aussi injuste. » La voix frêle de la jeune femme se brise en sanglots. Au téléphone depuis Khartoum, Seghen refuse d’admettre ce qui arrive à son frère cadet. « La vérité est claire, Medhanie est innocent, pourquoi les procureurs s’obstinent-ils ? » Cette question plane sur le tribunal de Palerme, en Sicile, depuis quatre mois. Qui est ce Medhanie aux cheveux crépus et au regard blême, présenté pour la troisième fois devant la justice italienne, mercredi 21 septembre ? Est-il Medhanie Yehdego Mered, le chef érythréen du réseau de passeurs de migrants désigné à ce jour comme le plus important d’Afrique du Nord, ou s’agit-il de Medhanie Tesfamariam Behre, un simple migrant érythréen arrêté par erreur ?

    http://www.lemonde.fr/afrique/article/2016/09/23/medhanie-l-erythreen-est-il-un-redoutable-passeur-ou-un-migrant-pris-dans-un

    #passeurs #asile #migrations #smugglers #réfugiés

    • Kafka in Sicily: New Evidence But No End for Refugee in Smuggler Trial

      After more than a year in jail despite extensive evidence of being a victim of mistaken identity, a man extradited from Sudan appeared before Italian judges for the 22nd time this week. Eric Reidy reveals new evidence showing he is a refugee not a smuggling kingpin.

      https://www.newsdeeply.com/refugees/articles/2017/09/13/kafka-in-sicily-new-evidence-but-no-end-for-refugee-in-smuggler-trial

    • Arrestato in Sudan, processato a Palermo. Scambio di persona o vittima dei servizi ?

      E’ ripreso, giusto il 3 ottobre scorso, in Corte di Assise a Palermo. il processo ad un giovane eritreo #Medhanie_Tesfamariam_Berhe, arrestato il 24 maggio dello scorso anno in Sudan, estradato in Italia il 7 giugno del 2016 e rinviato a giudizio qualche mese dopo con l’accusa di traffico di persone. Secondo la Procura di Palermo si tratterebbe di Medhane Yehdego Mered, ritenuto uno dei più grandi trafficanti di esseri umani sulla cosiddetta “rotta libico-subsahariana” e al centro di indagini condotte dalla stessa procura sui trafficanti coinvolti nella strage di Lampedusa del 2013.

      http://www.a-dif.org/2017/10/08/arrestato-in-sudan-processato-a-palermo-scambio-di-persona-o-vittima-dei-serv

    • Dall’Eritrea a Palermo per difendere il figlio: «In carcere c’è un innocente»

      Batte le mani sul petto e ripete che quell’uomo in carcere è suo figlio, un falegname e non un trafficante di uomini. Meaza Zerai Weldai è una mamma che ha intrapreso un viaggio lungo e faticoso per arrivare a Palermo dall’Eritrea e sottoporsi al test del Dna. Suo figlio, Medhanie Tesfamariam Berhe, è stato arrestato nel 2016 ed è accusato di avere guadagnato sulle traversate della speranza dall’Africa. Per le autorità inglesi e italiane il suo nome è Medhanie Yehdego Mered. “Mio figlio non c’entra nulla con gli sbarchi, nella foto diffusa per le ricerche non lo riconosco. Quello è un altro uomo”. (di Romina Marceca e Giada Lo Porto)

      http://video.repubblica.it/edizione/palermo/dall-eritrea-a-palermo-per-difendere-il-figlio-in-carcere-c-e-un-innocente/287499/288114

    • ’Not my brother’: Italian court told defendant is not Eritrean smuggler

      Relative of human trafficker Medhanie Yehdego Mered does not recognise detainee.

      An Eritrean man says his brother, believed one of the world’s most wanted people smugglers, remains free while another has been arrested in his place. Merhawi Yehdego Mered, 38, has testified before a judge in Palermo, via videolink from the Netherlands, saying the man facing trial in Sicily is not the notorious human trafficker Medhanie Yehdego Mered.

      Merhawi suggested that the suspect, who has now been in prison for two-and-a-half-years, is a victim of mistaken identity. “This is not my brother,” he said when seeing the detainee on camera.

      In June 2016 prosecutors in Palermo announced the capture in Khartoum of a 35-year-old Eritrean whom they alleged was Medhanie Yehdego Mered, AKA “the general”. He was suspected of being one of the most sought after human traffickers in the world, and he was extradited to Italy from Sudan with the help of the UK’s National Crime Agency.

      His arrest, after an investigation that spanned two continents and five countries, was presented to the press as a brilliant coup for the new anti-trafficking strategy.

      But since news of the arrest first broke there have been serious doubts over the man’s identity. Dozens of Mered’s alleged victims claim the wrong man is on trial. The man extradited also looks markedly different to photographs of Mered released by prosecutors before the arrest.

      Close friends and relatives of the detainee have told the authorities that the man arrested is 29-year-old Medhanie Tesfamariam Berhe, a refugee.

      Merhawi is the latest person to insist that the authorities have apprehended the wrong man. Last week, Lidya Tesfu, reportedly the trafficker’s wife, told the judge that the man in prison was not her husband. “I know you have placed my husband under investigation,” she said. “But the man on trial is not Mered.”

      Among the many factors that point to the innocence of the arrested man, including two DNA tests (one of them carried on the smuggler’s son) is a documentary by the Swedish broadcaster SVT in collaboration with the Guardian, which said Mered was living it up in Uganda while Berhe faced up to 15 years in jail.

      In July 2017 the New Yorker published an investigation based in part on a three-hour telephone interview with Mered. He told the magazine he was still at large and that he was in prison in a different country at the time of the Berhe’s arrest.

      Last week a lawyer requested that Berhe be released on bail and placed under house arrest. The judge rejected that request, fearing that Berhe could flee the country before the verdict.

      The NCA and Italian prosecutors declined to comment “until the conclusion of the court case’’.

      The growing impression is that the prosecutors are no longer concerned whether the man in custody is Mered, but are intent on demonstrating that they have apprehended a man involved in smuggling. “It now appears obvious that Berhe is neither a trafficker nor an intermediary,” Berhe’s lawyer, Michele Calantropo, told the Guardian.

      Berhe’s sister, Seghen Tesfamariam, said: “The trial is going unfairly. No matter what evidence the lawyer presents, they don’t want to accept it. The only way to sentence my brother for being Mered would be to fabricate the evidence.”

      According to Fulvio Vassallo, an expert on migration and asylum law, from the University of Palermo, this case is more than a story of mistaken identity. “This endless trial, carried out on the basis of contradictory evidence, is the proof that the entire strategy pursued by EU governments of hunting down smugglers through criminal proceedings as a way to keep immigration numbers down is failing.”


      https://www.theguardian.com/world/2018/dec/19/not-my-brother-italian-court-told-defendant-is-not-eritrean-smuggler

    • Asilo politico per Medhanie Tesfamariam Behre

      L’eritreo, rimasto in carcere per tre anni perché scambiato per il più spietato trafficante di uomini, il generale Medhanie Yedhego Mered, adesso è un rifugiato politico

      https://www.rainews.it/tgr/sicilia/articoli/2019/08/sic-asilo-politico-medhanie-tesfamariam-behre-b110d947-30bc-4657-be00-3bc9d0

      Medhanie a reçu l’asile, il est donc un homme libre et le besoin de protection de protection a été reconnu, pourquoi donc encore et toujours utiliser cette #photographie dans les nouvelles annonçant qu’il a obtenu l’asile ?


      Pourquoi encore une image d’un homme menotté et assimilé à un criminel ?
      #médias #journalisme #couverture #image #presse #criminalisation

    • À Palerme, un jury reconnaît une erreur d’identité sur le « boss » des passeurs

      Un Érythréen était accusé d’avoir dirigé un vaste réseau de trafiquants de migrants. Les enquêteurs l’ont en réalité confondu avec le véritable suspect.

      Un coup dur pour les enquêteurs. La cour d’assises de Palerme a reconnu vendredi une erreur d’identité dans l’affaire d’un Erythréen accusé d’avoir dirigé un vaste réseau de trafiquants de migrants. La cour a ordonné la libération immédiate de l’homme jugé, tout en assortissant sa décision d’une condamnation pour aide à l’immigration clandestine. Cette peine est couverte par ses plus de trois ans de détention préventive.

      Mais le jeune homme a en fait été conduit dans la soirée vers le centre de rétention de Caltanissetta, dans le centre de la Sicile, en vue d’une éventuelle expulsion, a annoncé son avocat, Me Michele Calantropo, qui a déposé une demande d’asile en son nom maintenant que son identité est établie.
      Des années d’enquête

      En juin 2016, les autorités italiennes avaient fièrement annoncé l’arrestation au Soudan et l’extradition en Italie de Medhanie Yehdego Mered, après des années d’enquête sur ces réseaux qui ont envoyé des centaines de milliers de migrants en Europe, et des milliers à la mort. Premier chef de réseau jugé en Italie, Mered est soupçonné en particulier d’avoir affrété le bateau dont le naufrage avait fait plus de 366 morts le 3 octobre 2013 devant l’île de Lampedusa.

      Mais, très vite, les témoignages ont afflué pour dire que l’homme arrêté n’était pas Mered mais Medhanie Tesfamariam Berhe, un réfugié érythréen échoué à Khartoum et n’ayant en commun avec l’homme recherché qu’un prénom relativement courant en Erythrée. Plusieurs enquêtes menées par des journalistes italien, américain et suédois ont établi que Behre avait été repéré au printemps 2016 par les enquêteurs parce qu’il avait flirté avec la femme de Mered sur Facebook et appelé un passeur en Libye pour avoir des nouvelles d’un cousin parti pour l’Europe.

      À cette époque, les enquêteurs avaient perdu la trace de Mered, arrêté fin 2015 à Dubaï pour détention de faux passeport. Libéré huit mois plus tard, il vit désormais en Ouganda, selon ces journalistes. Outre de multiples témoignages, la défense a fourni des photos de Mered n’ayant aucune ressemblance avec l’accusé ou encore une analyse ADN liant l’homme arrêté à la mère de Behre.
      Un réquisitoire aux airs d’aveu d’échec

      Mais l’accusation a maintenu le cap, assurant en particulier que les conversations enregistrées avec le passeur en Libye n’avaient rien d’innocent. Même si la cour n’a pas encore publié ses attendus, ce sont probablement ces conversations qui lui ont valu sa condamnation.

      Le 17 juin, le procureur Calogero Ferrara avait requis 14 ans de réclusion et 50 000 euros d’amende contre l’accusé, insistant sur le « mépris absolu » des passeurs pour la vie humaine. Mais ce réquisitoire léger était déjà un aveu d’échec : par comparaison, le Tunisien Khaled Bensalem, simple passeur ayant survécu au naufrage de Lampedusa, a pour sa part été condamné à 27 ans de prison, allégés à 18 ans parce qu’il avait accepté une procédure accélérée.

      Comme lui, les dizaines de « #scafisti » (passeurs des mers) détenus en Libye sont pour l’essentiel des petites mains. Les enquêteurs disposent pourtant d’un vaste arsenal juridique mis en place au cours des dernières décennies dans le cadre de la lutte antimafia : écoutes téléphoniques y compris à l’étranger, témoignages de repentis... Ils peuvent aussi s’appuyer sur le renseignement recueilli par les agences et polices d’Europe.

      https://www.lexpress.fr/actualite/monde/europe/a-palerme-un-jury-reconnait-une-erreur-d-identite-sur-le-boss-des-passeurs_

  • Relief for Samsung is air cargo’s loss, as US judge rules Hanjin ships can unload - The Loadstar
    http://theloadstar.co.uk/relief-samsung-air-cargos-loss-us-judge-rules-hanjin-ships-can-unload

    The air freight industry appears to have missed a boost to business from the collapse of container line Hanjin, after a US court ruled that the line’s ships could dock under provisional bankruptcy protection.
    […]
    The hi-tech company has 304 containers of parts and finished goods for its visual display business, valued at $24.3m, on the two ships, while a further 312 containers held finished goods from its home appliances division, valued at approximately $13.4m.

    Samsung explained that if the ships were not allowed to dock, it would need to charter at least 16 air freighters, at a cost of $8.8m, to move 1,469 tons of alternative goods.

    C’est l’opérateur du terminal de containers (également filiale de Hanjin…) qui n’est pas vraiment réjoui qui voit se profiler le spectre de navires ventouses.

    The court motion for provisional relief was contested by TTI, a joint-venture owned by Hanjin Shipping Co and Terminal Investment, which operates two marine terminals in the US (Long Beach and Seattle) and provides services to Hanjin and other lines.

    TTI filed its own motion alleging that the “lack of a short-term plan for these vessels will lead to mayhem. The vessels will have no means to berth (as the tugs and tug operators will not service them) and no ability to unload (as the unions and port operators will not serve them). And even if these tasks are somehow accomplished, Hanjin must provide fuel and supplies for its ships, but they do not appear to be able to pay these bills”.

  • California Judge Rejects Request to Suspend Assisted Suicide Law - The New York Times
    http://www.nytimes.com/2016/08/28/us/california-judge-rejects-request-to-suspend-assisted-suicide-law.html

    A California judge has rejected a request by physicians to immediately suspend a new state law allowing terminally ill people to end their lives.

    Judge Daniel A. Ottolia of Riverside County Superior Court ruled on Friday that the law would remain in effect for now. But he agreed to allow the physicians to pursue their lawsuit claiming that the law lacks safeguards against abuse.

    The law, which took effect on June 9, allows terminally ill adults to obtain a prescription for life-ending medication if a doctor has determined they have no more than six months to live.
    […]
    California is one of five states where terminally ill people may legally receive assistance to end their lives. Oregon became the first to provide the option in 1997.

    The California law is being challenged by the Life Legal Defense Foundation, the American Academy of Medical Ethics and several physicians.

    Opponents of the law say that hastening death is morally wrong, that the law puts all kinds of patients at risk of loved ones’ coercing them to end their lives, and that it could become a way out for people who are not insured or who fear high medical bills.

    Quand on combine les arguments, ça devient intéressant : c’est une lourde faute morale de priver Big Pharma de ses légitimes profits sur les soins palliatifs…

    • de manière un peu moins cynique on peut en déduire que l’assurance maladie est tellement déficiente que les gens peuvent préférer mourir tout de suite plutôt que de survivre en souffrant encore 6 mois et laisser des montagnes de dettes à leurs familles

    • Trump’s Border Wall Could Impact an Astonishing 10,000 Species

      The list, put together by a team led by Dr. Gerardo J. Ceballos González of National Autonomous University of Mexico, includes 42 species of amphibians, 160 reptiles, 452 bird species and 187 mammals. Well-known species in the region include the jaguar, Sonoran pronghorn, North American river otter and black bear.


      http://therevelator.org/trump-border-wall-10000-species

    • Border Security Fencing and Wildlife: The End of the Transboundary Paradigm in Eurasia?

      The ongoing refugee crisis in Europe has seen many countries rush to construct border security fencing to divert or control the flow of people. This follows a trend of border fence construction across Eurasia during the post-9/11 era. This development has gone largely unnoticed by conservation biologists during an era in which, ironically, transboundary cooperation has emerged as a conservation paradigm. These fences represent a major threat to wildlife because they can cause mortality, obstruct access to seasonally important resources, and reduce effective population size. We summarise the extent of the issue and propose concrete mitigation measures.

      http://journals.plos.org/plosbiology/article?id=10.1371/journal.pbio.1002483
      #faune #Europe #Europe_centrale #Europe_de_l'Est #cartographie #visualisation

    • Rewriting biological history: Trump border wall puts wildlife at risk

      Mexican conservationists are alarmed over Trump’s wall, with the loss of connectivity threatening already stressed bison, pronghorn, bighorn sheep, bears and other animals.
      About one-third of the border, roughly 700 miles, already has fencing; President Trump has been pushing a controversial plan to fence the remainder.
      A wall running the entire nearly 2,000-mile frontier from the Pacific Ocean to the Gulf of Mexico, conservationists warn, would be catastrophic for borderland ecosystems and many wildlife species, undoing years of environmental cooperation between the two countries to protect animals that must move freely or die.
      The wall is currently a key bargaining chip, and a sticking point, in ongoing immigration legislation negotiations taking place this week in Congress. Also expected this week: a federal court ruling on whether the administration can legally waive environmental laws to expedite border wall construction.


      https://news.mongabay.com/2018/02/rewriting-biological-history-trump-border-wall-puts-wildlife-at-risk
      #bisons

    • A Land Divided

      The national debate about border security doesn’t often dwell on the natural environment, but hundreds of miles of public lands, including six national parks, sit along the U.S.-Mexico border. What will happen to these lands — and the wildlife and plants they protect — if a wall or additional fences and barriers are built along the frontier?


      https://www.npca.org/articles/1770-a-land-divided
      #parcs_nationaux

    • R ULES C OMMITTEE P RINT 115–66 T EXT OF THE H OUSE A MENDMENT TO THE S ENATE A MENDMENT TO H.R. 1625

      US spending bill requires “an analysis, following consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, of the environmental impacts, including on wildlife, of the construction and placement of physical barriers” (p 677)

      http://docs.house.gov/billsthisweek/20180319/BILLS-115SAHR1625-RCP115-66.pdf
      Extrait partagé par Reece Jones sur twitter
      https://twitter.com/reecejhawaii/status/977304504700780544

    • Activists Vow Fight as Congress Funds Portions of Border Wall

      Last week Congress voted to appropriate some monies to build new fortifications along the United States–Mexico border, but border activists in the Rio Grande Valley say the fight against President Donald Trump’s border wall is far from over.

      The nearly $1.6 billion in border wall funding included in the omnibus spending bill that Trump signed Friday provides for the construction of some 33 miles of new walls, all in Texas’s ecologically important Rio Grande Valley. Those walls will tear through communities, farms and ranchland, historic sites, and thousands of acres of protected wildlife habitat, while creating flooding risks on both sides of the border. But far from admitting defeat, border activists have already begun mapping out next steps to pressure Congress to slow down or even halt the wall’s construction.

      https://www.sierraclub.org/sierra/activists-vow-fight-congress-funds-portions-border-wall

    • State attorney general, environmental group to appeal decision on Trump’s border wall

      A ruling by a San Diego federal judge allowing construction of President Donald Trump’s border wall to go ahead will be appealed by two entities that opposed it, including the state Attorney General.

      Both the Center for Biological Diversity and Attorney General Xavier Becerra filed formal notices of appeal on Monday seeking to reverse a decision in February from U.S District Court Judge Gonzalo Curiel. The judge ruled that the Trump administration did not abuse its discretion in waiving environmental laws in its rush to begin border wall projects along the southwest border.

      The center had said after the ruling it would appeal, and Becerra also hinted the state would seek appellate court review at the Ninth U.S. Circuit Court of Appeals.

      The notices declare an intent to appeal. They do not outline arguments to be made on appeal or why each group believe that Curiel got it wrong.

      In a prepared statement Becerra said, “When we said that a medieval wall along the U.S.-Mexico border does not belong in the 21st century, we meant it. There are environmental and public health laws in place, and we continue to believe that the Trump Administration is violating those laws. We will not stand idly by. We are committed to protecting our people, our values and our economy from federal overreach.”

      The lawsuits challenged a law that allowed the federal government not to comply with environmental and other laws and regulations when building border security projects. They argued the law was outdated and Congress never intended for it to be an open-ended waiver for all border projects, and contended it violated constitutional provisions of separation of powers and states’ rights.

      In his decision Curiel said both that the law was constitutional and it gave the Department of Homeland Security wide latitude over border security.

      Justice Department spokesman Devin O’Malley said in response to the Curiel ruling that the administration was pleased DHS “can continue this important work vital to our nation’s interest.”

      “Border security is paramount to stemming the flow of illegal immigration that contributes to rising violent crime and to the drug crisis, and undermines national security,” O’Malley said.

      http://www.sandiegouniontribune.com/news/public-safety/sd-me-border-appeal-20180409-story.html

    • Les murs n’arrêtent pas que les humains

      Des États-Unis à la Malaisie, en passant par Israël ou la Hongrie, les hommes construisent de multiples murs pour contraindre les déplacements de nos semblables. N’oublions pas, explique l’auteur de cette tribune, que nous ne sommes pas les seuls à habiter la Terre et donc à pâtir de ces barrières.

      La #forêt_de_Bialowieza a quelque chose de mythique et de sacré. Âgée de plus de 8.000 ans, elle est la dernière forêt primaire d’Europe. S’étalant sur 150.000 hectares entre la Pologne et la Biélorussie, inaccessible aux visiteurs sans guide assermenté, elle constitue un sanctuaire d’espèces témoignant de la richesse des mondes anciens. Le bison d’Europe y vit encore de manière naturelle, côtoyant élans, cerfs, loups, lynx, etc.

      En 1981, à l’époque du rideau de fer, l’URSS a décidé de clôturer la frontière entre la Pologne et la Biélorussie, coupant à travers cette forêt et séparant en deux la dernière population de bisons d’Europe (environ 500 individus de part et d’autre). Cette clôture est symboliquement forte, car elle témoigne de la coupure existentielle (« ontologique », diraient les philosophes) que les humains se sont imposée vis-à-vis des autres êtres vivants. Ces derniers semblent ne pas exister à nos yeux.

      Mais cette séparation est plus que symbolique, elle est concrète. Les murs dressés par l’espèce humaine représentent une menace importante et sous-estimée pour de nombreux êtres vivants non humains.
      Murs de béton, de pierre, de boue, de sable ou de brique, de barbelés, de grilles en acier ou de clôtures électrifiées

      On en trouve surtout aux frontières : entre les États-Unis et le Mexique, la Corée du Nord et du Sud, Israël et la Cisjordanie, la Malaisie et la Thaïlande, l’Inde et le Pakistan, l’Iran et l’Irak, la Chine et la Mongolie, le Botswana et le Zimbabwe, etc. Ils prennent la forme de murs de béton, de pierre, de boue, de sable ou de brique, de barbelés, de grilles en acier ou de clôtures électrifiées, et viennent accompagnés de routes, de casernes, de lumières et de bruits. Leur nombre a considérablement augmenté depuis les attentats du 11 septembre 2001. Par exemple en Eurasie (sans le Moyen-Orient), il existe aujourd’hui plus de 30.000 km de murs, grillages et barbelés aux frontières.

      Ces murs affectent évidemment les populations humaines en brisant les trajectoires personnelles de millions de personnes. Ils affectent aussi les autres espèces [1]. À Białowieża, par exemple, la séparation a empêché les flux génétiques (et a donc fragilisé) des populations de bisons, d’ours, de loups et de lynx. Pire, 25 ans après la destruction du rideau de fer entre l’Allemagne et la République tchèque, les jeunes cerfs (qui n’avaient jamais vu de clôtures) ne traversaient toujours pas la frontière [2].

      En mai 2018 paraissait dans la revue Bioscience un article cosigné par dix-huit grands noms de l’étude et de la protection de la biodiversité (dont Edward O. Wilson) et signé par 2.500 scientifiques, qui alertait sur les « conséquences inattendues mais importantes » de ces murs frontaliers sur la biodiversité [3]. Ce cri d’alarme n’est pas le premier [4], mais il résume bien l’état des lieux de la recherche, et aussi l’état de préoccupation des chercheurs.
      Lorsque les habitats se fragmentent, les territoires des populations se réduisent

      Les murs nuisent à la biodiversité de plusieurs façons. Premièrement, ils peuvent blesser ou tuer des animaux directement, quand ils s’emmêlent dans les fils barbelés, sont électrocutés ou marchent sur des mines antipersonnelles.

      Deuxièmement, ils fragmentent et dégradent les habitats. Par exemple la frontière de 3.200 km entre le Mexique et les États-Unis traverse les aires de répartition géographique de 1.506 espèces natives (parmi lesquelles 1.077 espèces animales) dont 62 sont sur la liste des espèces en danger. Le mur menace cinq régions particulièrement riches en biodiversité (on les nomme « hotspots ») qui retiennent presque tous les efforts de conservation et de « réensauvagement » (rewilding). Lorsque les habitats se fragmentent, les territoires des populations se réduisent, et le nombre d’espèces présentes sur ces petites surfaces se réduit plus que proportionnellement, rendant ainsi les populations plus vulnérables, par exemple aux variations climatiques. Les clôtures frontalières contribuent aussi à accroître la mortalité de la faune sauvage en facilitant la tâche des braconniers, en perturbant les migrations et la reproduction, et en empêchant l’accès à la nourriture et à l’eau. Par exemple, le mouton bighorn (une espèce en danger) migrait naturellement entre la Californie et le Mexique mais ne peut aujourd’hui plus accéder aux points d’eau et aux sites de naissance qu’il avait l’habitude de fréquenter.

      Troisièmement, ces murs annulent les effets bénéfiques des millions de dollars investis dans la recherche et les mesures de conservation de la biodiversité. Les scientifiques témoignent aussi du fait qu’ils sont souvent l’objet d’intimidations, de harcèlements ou de ralentissements volontaires de la part des officiers responsables de la sécurité des frontières.

      Enfin, quatrièmement, les politiques de sécurité mises en place récemment font passer les lois environnementales au deuxième plan, quand elles ne sont pas simplement bafouées ou oubliées.
      Des centaines de kilomètres de clôtures de sécurité aux frontières extérieures et intérieures de l’UE

      Le double phénomène migrations/clôtures n’est pas prêt de s’arrêter. En 2015, un afflux exceptionnel d’êtres humains fuyant leurs pays en direction de l’Europe a conduit plusieurs États membres à réintroduire ou renforcer les contrôles aux frontières, notamment par la construction rapide de centaines de kilomètres de clôtures de sécurité aux frontières extérieures et intérieures de l’UE. Le réchauffement climatique et l’épuisement des ressources seront dans les années à venir des causes majeures de guerres, d’épidémies et de famines, forçant toujours plus d’humains à migrer. Les animaux seront aussi de la partie, comme en témoigne la progression vers le nord des moustiques tigres, qui charrient avec eux des maladies qui n’existaient plus dans nos régions, ou encore l’observation du loup en Belgique en mars 2018 pour la troisième fois depuis des siècles…

      Les accords entre pays membres de l’Union européenne au sujet des migrations humaines seront-ils mis en place à temps ? Résisteront-ils aux changements et aux catastrophes à venir ? Quel poids aura la « #Convention_des_espèces_migrantes » (censée réguler le flux des animaux) face aux migrations humaines ?

      En septembre 2017, un bison d’Europe a été aperçu en Allemagne. C’était la première fois depuis 250 ans qu’un représentant sauvage de cette espèce traversait spontanément la frontière allemande. Il a été abattu par la police.

      https://reporterre.net/Les-murs-n-arretent-pas-que-les-humains
      #Bialowieza

    • Les murs de séparation nuisent aussi à la #faune et la #flore

      3419 migrants sont décédés en Méditerranée en tentant de rejoindre Malte ou l’Italie. C’est ce que révèle un rapport du Haut commissariat des Nations unies pour les réfugiés publié le 10 décembre. Il y a les barrières naturelles, et les murs artificiels. Pendant deux mois, le web-documentaire Connected Walls s’attaque aux murs de séparation entre quatre continents : le mur entre l’Amérique du Nord et l’Amérique latine incarné par les grillages entre les Etats-Unis et le Mexique, celui entre l’Europe et l’Afrique incarné par les barbelés qui séparent les enclaves espagnoles du Maroc. Tous les 10 jours, Connected Walls publie un nouveau documentaire de cinq minutes sur une thématique choisie par les internautes. Cette semaine, ils ont sélectionné la thématique « animal ».

      Cette semaine, sur Connected-Walls,Valeria Fernandez (USA) et Fidel Enriquez (Mexico) ont suivi John Ladd dont la famille possède un ranch dans l’Arizona, à la frontière mexicaine, depuis cinq générations. Depuis la construction du mur frontalier en 2007, les choses ont changé pour lui et pour les animaux.

      De leur côté, Irene Gutierrez (Espagne) et Youssef Drissi (Maroc) ont rencontré Adam Camara, un jeune de Guinée Équatoriale qui a tenté de traverser plusieurs fois le détroit entre le Maroc et l’Espagne. Lors de sa dernière tentative, il a reçu l’aide d’un mystérieux ami.
      Pour chaque thématique, un partenaire associatif a carte blanche pour rédiger une tribune. Celle-ci a été rédigée par Dan Millis, de l’organisation écologiste Sierra Club :

      « Les animaux se moquent bien des frontières politiques. Le jaguar de Sonora n’a pas de passeport, et le canard morillon cancane avec le même accent, qu’il soit à Ceuta ou dans la forêt de Jbel Moussa. Les murs et les barrières ont cependant un impact considérable sur la faune et la flore. Par exemple, les rennes de l’ancienne Tchécoslovaquie ne franchissent jamais la ligne de l’ancien Rideau de Fer, alors même que cette barrière a disparu depuis 25 ans et qu’aucun des rennes vivant aujourd’hui ne l’a jamais connue. Les quelques 1000 kilomètres de barrières et de murs séparant les États-Unis et le Mexique détruisent et fragmentent l’habitat sauvage, en bloquant les couloirs de migration essentiels à la survie de nombreuses espèces. Une étude réalisée grâce à des caméras installées au niveau des refuges et des zones de vie naturellement fréquentés par la faune en Arizona a montré que des animaux comme le puma et le coati sont bloqués par les murs des frontières, alors que les humains ne le sont pas. »


      https://www.bastamag.net/Connected-Walls-le-webdocumentaire-4545
      #wildelife

    • Border Fences and their Impacts on Large Carnivores, Large Herbivores and Biodiversity: An International Wildlife Law Perspective

      Fences, walls and other barriers are proliferating along international borders on a global scale. These border fences not only affect people, but can also have unintended but important consequences for wildlife, inter alia by curtailing migrations and other movements, by fragmenting populations and by causing direct mortality, for instance through entanglement. Large carnivores and large herbivores are especially vulnerable to these impacts. This article analyses the various impacts of border fences on wildlife around the world from a law and policy perspective, focusing on international wildlife law in particular. Relevant provisions from a range of global and regional legal instruments are identified and analysed, with special attention for the Bonn Convention on Migratory Species and the European Union Habitats Directive.

      https://onlinelibrary.wiley.com/doi/full/10.1111/reel.12169

    • Border Security Fencing and Wildlife: The End of the Transboundary Paradigm in Eurasia?

      The ongoing refugee crisis in Europe has seen many countries rush to construct border security fencing to divert or control the flow of people. This follows a trend of border fence construction across Eurasia during the post-9/11 era. This development has gone largely unnoticed by conservation biologists during an era in which, ironically, transboundary cooperation has emerged as a conservation paradigm. These fences represent a major threat to wildlife because they can cause mortality, obstruct access to seasonally important resources, and reduce effective population size. We summarise the extent of the issue and propose concrete mitigation measures.


      https://journals.plos.org/plosbiology/article?id=10.1371/journal.pbio.1002483

    • Butterfly Preserve On The Border Threatened By Trump’s Wall

      The National Butterfly Center, a 100-acre wildlife center and botanical garden in South Texas, provides a habitat for more than 100 species of butterflies.

      It also sits directly in the path of the Trump administration’s proposed border wall.

      The federal spending bill approved in September includes $1.6 billion in 2019 for construction of the wall. In October, the Department of Homeland Security issued a waiver to 28 laws protecting public lands, wildlife and the environment to clear the way for construction to proceed.

      https://www.npr.org/2018/11/01/660671247/butterfly-preserve-on-the-border-threatened-by-trumps-wall
      #papillons

    • Wildlife advocates, local indigenous tribes protest preparations for new border wall construction

      The federal government this week began moving bulldozers and construction vehicles to the Texas border with Mexico to begin building a new six-mile section of border wall — the first new wall under President Donald Trump, administration officials confirmed Tuesday.

      The move immediately triggered angry protests by a local butterfly sanctuary — The National Butterfly Center — and local indigenous tribes who oppose the wall and say construction will damage natural habitats. U.S. Customs and Border Protection said the wall will run through land owned by federal government. The dispute came amid an administration claim that a caravan of 2,000 migrants had arrived in northern Mexico along the Texas border.

      “We’re a recognized tribe and no one’s going to tell us who we are especially some idiots in Washington,” said Juan Mancias of the indigenous peoples’ tribe Carrizo-Comecrudo, who led protests on Monday. “We’re the original people of this land. We haven’t forgot our ancestors.”

      So far, the Trump administration has upgraded only existing fencing along the border. The president has called for some $5 billion for new wall construction, and Democrats have refused, resulting in a budget dispute that shut down the government for five weeks.

      This latest Texas project relies on previously appropriated money and won’t require further congressional approval. Construction plans for the Rio Grande Valley, just south of McAllen, Texas, call for six to 14 miles of new concrete wall topped with 18-foot vertical steel bars.

      Last year, Homeland Security Secretary Kristen Nielsen waived a variety environmental restrictions, including parts of the Endangered Species and Clean Water Acts, to prepare for construction in the area. Construction on the Rio Grande Valley project is expected to start in the coming weeks.

      Marianna Wright, executive director of the National Butterfly Center, remains a staunch advocate against the border wall. She met this week with authorities who she said wants to buy the center’s land for wall construction.

      She traveled to Washington last month to explain the environmental damage that would be caused by the construction in testimony on Capitol Hill.

      “The bulldozers will roll into the lower Rio Grande Valley wildlife conservation corridor, eliminating thousands of trees during spring nesting season for hundreds of species of migratory raptors and songbirds,” Wright told the House Natural Resources Committee.

      When asked by ABC News what message she has for people who aren’t there to see the impact of the new border wall, Wright paused, searching for words to express her frustration.

      “I would drive my truck over them, over their property, through their fence,” she said.

      DHS continues to cite national security concerns as the reason for building the border wall, with Homeland Secretary Kirstjen Nielsen saying in a statement Tuesday that migrants in the new caravan that had arrived at the Texas border would try to cross over illegally.

      “Such caravans are the result of Congress’s inexcusable failure to fully fund a needed physical barrier and unwillingness to fix outdated laws that act as an enormous magnet for illegal aliens,” Nielsen said in a statement.

      The last so-called caravan that caused alarm for the administration resulted in thousands of migrants taking shelter in the Mexican city of Tijuana. Just across the border from San Diego, many waited several weeks for the chance to enter the U.S.

      https://abcnews.go.com/Politics/wildlife-advocates-local-indigenous-tribes-protest-preparations-border/story?id=60859814
      #résistance #peuples_autochtones #Carrizo-Comecrudo #McAllen #Texas

    • As Work Begins on Trump’s Border Wall, a Key Wildlife Refuge Is at Risk

      Construction is underway on a stretch of President Trump’s border wall cutting through the Lower Rio Grande Valley National Wildlife Refuge in Texas. Biologists warn the steel wall will disrupt carefully preserved habitat critical for the survival of ocelot, jaguarundi, and other threatened species.

      As Tiffany Kersten descends from a levee into a verdant forest that stretches to the Rio Grande more than a mile away, she spots a bird skimming the treetops: a red-tailed hawk. Later, other birds — great blue herons, egrets — take flight from the edge of an oxbow lake. This subtropical woodland is one of the last remnants of tamaulipan brushland — a dense tangle of Texas ebony, mesquite, retama, and prickly pear whose U.S. range is now confined to scattered fragments in the Lower Rio Grande Valley in south Texas. The ecosystem harbors an astonishing array of indigenous wildlife: ocelot, jaguarundi, Texas tortoise, and bobcat, as well as tropical and subtropical birds in a rainbow of colors, the blue bunting and green jay among them.

      But the stretch of tamaulipan scrub Kersten is exploring, in the Lower Rio Grande Valley National Wildlife Refuge, won’t be around much longer. About 15 feet from the forest edge, Kersten — a board member of a local conservation group — spots red ribbons tied to tree branches on both sides of the trail. Soon, an excavator will uproot those trees to make way for a 140-foot-wide access road and an 18-foot-high wall atop the levee, all part of the Trump administration’s plan to barricade as much of the Texas/Mexico border as possible. On Valentine’s Day, two days before I visited the border, crews began clearing a path for the road, and soon the U.S. Department of Homeland Security (DHS) will plant a cement foundation in the levee and top it with a steel bollard barrier.

      This construction is the first project under a plan to build 33 miles of new wall along the levee in South Texas, with $641 million in funding that Trump requested and Congress authorized last year. That 33-mile stretch, cutting through some of the most unique and endangered habitat in the United States, will be joined by an additional 55 miles of wall under a funding bill Trump signed February 15 that allocates another $1.375 billion for wall construction. The same day, Trump also issued a national emergency declaration authorizing another $6 billion for border walls. That declaration could give the administration the power to override a no-wall zone Congress created in three protected areas around the Lower Rio Grande Valley National Wildlife Refuge.

      Since the mid-20th century, ranches, oil fields, and housing tracts have consumed 97 percent of the tamaulipan brushland.

      Since the mid-20th century, ranches, farms, oil fields, subdivisions, and shopping centers have consumed 97 percent of the tamaulipan brushland habitat at ground zero of this new spate of border wall construction. That loss led Congress to create the Lower Rio Grande Valley National Wildlife Refuge in the 1970s and spurred a 30-year-effort by the U.S. Fish and Wildlife Service, conservation organizations, and private landowners to protect the remaining pockets of tamaulipan brushland and restore some of what has been lost. The Fish and Wildlife Service has purchased 10,000 acres of cropland and converted it back into tamaulipan woodlands; it hopes to replant another 30,000 acres. The refuge, now totaling 98,000 acres, has been likened to a string of pearls, with connected jewels of old-growth and restored habitat adorning the 300-mile lower Rio Grande Valley.

      Into this carefully rebuilt wildlife corridor now comes the disruption of a flurry of new border wall construction. Scientists and conservationists across Texas warn that it could unravel decades of work to protect the tamaulipan brushland and the wildlife it harbors. “This is the only place in the world you can find this habitat,” says Kersten, a board member of Friends of the Wildlife Corridor, a non-profit group that works closely with the Fish and Wildlife Service on the corridor program. “And only 3 percent of this habitat is remaining.”

      For all its efforts to turn cropland into federally protected habitat, the Fish and Wildlife Service finds itself with little recourse to safeguard it, precisely because it is federal property. The easiest place for the federal government to begin its new wave of border wall construction is the Lower Rio Grande Valley National Wildlife Refuge, which includes the picturesque La Parida Banco tract, where I joined Kersten. Under a 2005 law, the Department of Homeland Security can waive the environmental reviews that federal agencies such as the Fish and Wildlife Service typically conduct for projects that could alter federally protected lands.

      The tract Kersten and I visited is one of four adjacent “pearls” in the wildlife corridor — long , roughly rectangular parcels stretching from an entrance road to the river. From west to east they are the Lower Rio Grande Valley National Wildlife Refuge’s La Parida Banco tract, the Bentsen-Rio Grande Valley State Park, the refuge’s El Morillo Banco tract, and the privately owned National Butterfly Center. A levee runs through all four properties, and the first sections of fence to be built atop it would cut off access to trails and habitat in the refuge tracts. Citizens and local and state officials have successfully fought to keep the fence from crossing the National Butterfly Center, the Bentsen-Rio Grande state park, and the Santa Ana National Wildlife Refuge farther downstream — at least for now. If Trump’s national emergency declaration survives court challenges, the border barriers could even be extended into these holdouts.

      When the wall and access road are completed at La Parida Banco, a crucial piece of intact native habitat will become isolated between the wall and the river. Species that either rely on the river for water or migrate across it will find pathways they’ve traversed for thousands of years blocked.

      While biologists are concerned about the impacts of the wall all along the U.S.-Mexico border, the uniqueness of South Texas’ ecosystems make it an especially troublesome place to erect an 18-foot fence, they say. The 300-mile wildlife corridor in South Texas, where the temperate and the tropical intermingle, is home to an astounding concentration of flora and fauna: 17 threatened or endangered species, including the jaguarundi and ocelot; more than 530 species of birds; 330 butterfly species, about 40 percent of all those in the U.S.; and 1,200 types of plants. It’s one of the most biodiverse places on the continent.

      `There will be no concern for plants, endangered species [and] no consultation with the Fish and Wildlife Service,’ says a biologist.

      “This is a dry land, and when you have dry land, your diversity is near the water,” says Norma Fowler, a biologist with the University of Texas at Austin who studies the tamaulipan brushland ecosystem. She co-authored an article published last year in the scientific journal Frontiers in Ecology and the Environment warning of the consequences of the new wall for the region’s singular ecosystems and wildlife. Since the wall can’t be built in the river, it’s going up a mile or more north of it in some areas, placing both the riparian habitat right along the river and the tamaulipan thornscrub on higher ground at risk.

      “Both of those habitats have been fragmented, and there’s not much left,” Fowler says. “Some of it is lovingly restored from fields to the appropriate wild vegetation. But because they’ve waived every environmental law there is, there will be no concern for plants, endangered species. There will be no consultation with the Fish and Wildlife Service.”

      When the wall rises, the barrier and the new patrol road alongside it will cut an unusually wide 140-foot swath to improve visibility through the dense brush. In her article, Fowler estimated that construction of the border wall would destroy 4.8 to 7.3 acres of habitat per mile of barrier. The fence will also cut off access to the river and habitat on the Mexican side of the border for many animals. Including bobcats, ocelot, jaguarundi, and javelina. Some slower-moving species, like the Texas tortoise, could be caught in floods that would swell against the wall.

      If new walls must be built along the Rio Grande, Fowler says, the Department of Homeland Security should construct them in a way that causes the least harm to wildlife and plants. That would include limiting the footprint of the access roads and other infrastructure, designing barriers with gaps wide enough for animals to pass through, and using electronic sensors instead of physical barriers wherever possible.

      One of the most at-risk species is the ocelot, a small jaguar-like cat that historically roamed throughout Texas, Arkansas, Louisiana, and Arizona, but that numbers only about 80 today. The sole breeding population left in the U.S. is in South Texas, and it is wholly dependent on the dense shrubland in the Lower Rio Grande Valley that the wall will bisect. Some species could be wiped out altogether: The few sites where Physaria thamnophila, a native wildflower, still grows are directly in the path of the wall, Fowler says.

      With 1,254 miles of border — all following the languid, meandering course of the Rio Grande — Texas has far more of the United States’ 1,933-mile southern boundary than any other state, yet it has the fewest miles of existing fence. That’s because much of the Texas border is private riverfront land. The first major push to barricade the Texas border, by the George W. Bush administration, encountered opposition from landowners who balked at what they saw as lowball purchase offers and the use of eminent domain to take their property. (Years later, some of those lawsuits are still pending.) Federal land managers also put up a fight.

      Natural areas already bisected by a Bush-era fence offer a preview of the potential fate of the Rio Grande wildlife refuge.

      When Ken Merritt — who oversaw the federal South Texas Refuge Complex, which includes the Lower Rio Grande Valley National Wildlife Refuge, Santa Ana, and the Laguna Atascosa refuge near where the Rio Grande meets the Gulf of Mexico — questioned the wisdom of a barrier through Santa Ana during the Bush administration, he was forced out of his job.

      “I was getting a lot of pressure,” says Merritt, who still lives in the valley and is retired. “But it just didn’t fit. We were trying to connect lands to create a whole corridor all along the valley, and we knew walls were very much against that.”

      Natural areas already bisected by the Bush-era fence offer a preview of the potential fate of the Lower Rio Grande Valley National Wildlife Refuge. A few miles downstream from the La Parida tract, the Hidalgo Pumphouse and Birding Center, which anchors the southern end of the tiny town of Hidalgo, now looks out at a stretch of steel bollard fence atop a concrete wall embedded in the levee.

      On a recent Monday morning, a few tourists milled about the gardens behind the pumphouse, listening to the birds — curve-billed thrashers, green monk parakeets, kiskadee flycatchers — and enjoying the view from the observation deck. Curious about the wall, all of them eventually walk up to it and peek through the four-inch gaps between the steel slats. On the other side lies another pearl: a 900-acre riverside piece of the Lower Rio Grande Valley National Wildlife Refuge called the Hidalgo Bend tract. It was once a popular spot with birders drawn to its ferruginous Pygmy owls, elf owls, and other wildlife. But since the wall went up in 2009, few birders visit anymore.

      At The Nature Conservancy’s Sabal Palm Preserve, a 557-acre piece of the wildlife corridor near the Gulf of Mexico, a wall installed in 2009 cuts through one of the last stands of sabal palm forest in the Rio Grande Valley. Laura Huffman, regional director for The Nature Conservancy, worries that the more walls erected on the border, the less hope there is of completing the wildlife corridor.

      Kersten and others remain unconvinced that the danger on the border justifies a wall. She believes that sensors and more Border Patrol agents are more effective deterrents to drug smugglers and illegal immigrants. Earlier on the day we met, Kersten was part of a group of 100 or so protestors who marched from the parking lot at nearby Bentsen-Rio Grande Valley State Park to the adjacent National Butterfly Center, holding signs that read “No Border Wall” and “Solidarity Across Borders.” One placard listed the more than two dozen environmental and cultural laws that the Trump administration waived to expedite the fence. Among them: the National Environmental Policy Act, which requires environmental analysis before federal projects can begin; the Endangered Species Act; the Clean Water Act; the Migratory Bird Treaty Act; the National Wildlife Refuge System Administration Act; the National Historic Preservation Act; and the Native American Graves and Repatriation Act.

      Even as the wall goes up in the refuge, preparations for this year’s restoration projects are moving ahead. Betty Perez, whose family has lived in the Lower Rio Grande Valley for generations, is one of several landowners who grow seedlings for replanting on refuge lands each year. At her ranch, about a 45-minute drive northwest of the La Parida Banco tract, she’s beginning to collect seeds to grow this year’s native shrub crop: coyotillo, in the buckthorn family; yucca; Texas persimmon.

      Next to a shed in her backyard sit rows of seedlings-to-be in white tubes. To Perez, the delicate green shoots hold a promise: In a few years, these tiny plants will become new habitat for jaguarundi, for ocelot, for green jays, for blue herons. Despite the new walls, the wildlife corridor project will go on, she says, in the spaces in between.

      https://e360.yale.edu/features/as-work-begins-on-trumps-border-wall-a-key-wildlife-refuge-is-at-risk

    • Border Wall Rising In #Arizona, Raises Concerns Among Conservationists, Native Tribes

      Construction has begun on President Trump’s border wall between Arizona and Mexico, and conservationists are furious. The massive barrier will skirt one of the most beloved protected areas in the Southwest — Organ Pipe Cactus National Monument, recognized by the United Nations as an international biosphere reserve.

      On a recent drive along the borderline, a crew was transplanting tall saguaro cactus out of the construction zone.

      “There may be misconceptions that we are on a construction site and just not caring for the environment,” intones a voice on a video released by the U.S. Army Corps of Engineers, which is overseeing the project. “We are relocating saguaro, organ pipe, ocotillo...”

      But a half-mile away, a big yellow bulldozer was scraping the desert clean and mowing down cactus columns that were likely older than the young man operating the dozer.

      Customs and Border Protection later said 110 desert plants have been relocated, and unhealthy ones get bulldozed.

      This scene illustrates why environmentalists are deeply skeptical of the government’s plans. They fear that as CBP and the Defense Department race to meet the president’s deadline of 450 miles of wall by Election Day 2020, they will plow through one of the most biologically and culturally rich regions of the continental United States.

      The U.S. Fish & Wildlife Service has warned that the wall, with its bright lights, human activity and impermeable barrier, could negatively impact 23 endangered and at-risk species, including the Sonoran pronghorn antelope. And the National Park Service says construction could destroy 22 archaeological sites. Yet, for this stretch of western desert, the government has waived 41 federal environmental laws to expedite construction.

      “This is a wall to fulfill a campaign promise. It’s really clear. And that’s what makes so many of us so angry. It’s being done so fast outside the rule of law and we know it’ll have an incredible impact,” says Kevin Dahl, Arizona representative for the National Parks Conservation Association. He sits beside a serene, spring-fed pond fringed by cattails, and dive-bombed by dragonflies. It is called Quitobaquito Springs, and it’s located on the southern edge of the #Organ_Pipe_Cactus_National_Monument.

      A biologist peers into a rivulet that feeds this oasis in the middle of the Sonoran desert.

      “These guys are very tiny, maybe half the size of a sesame seed. Those are the Quitobaquito tryonia. And there are literally thousands in here,” says Jeff Sorensen, wildlife specialist supervisor with Arizona Game and Fish Department. He’s an expert on this tiny snail, which is one of three species — along with a mud turtle and a pupfish — whose entire universe is this wetland.

      The springs have been used for 16,000 years by Native Americans, followed by Spanish explorers, traders and farmers.

      But the pond is a stone’s throw from the international border, and the path of the wall. Conservationists fear workers will drill water wells to make concrete, and lower the water table which has been dropping for years.

      “We do have concerns,” Sorensen continues. “Our species that are at this site rely on water just like everything else here in the desert southwest. And to take that water away from them means less of a home.”

      The Trump administration is building 63 miles of wall in the Tucson Sector, to replace outdated pedestrian fences and vehicle barriers. CBP says this stretch of desert is a busy drug- and human-trafficking corridor. In 2019, the Tucson sector had 63,490 apprehensions and seized more than 61,900 pounds of illegal narcotics. The Defense Department is paying Southwest Valley Constructors, of Albuquerque, N.M., to erect 18- to 30-foot-tall, concrete-filled steel bollards, along with security lights and an all-weather patrol road. It will cost $10.3 million a mile.

      The rampart is going up in the Roosevelt Reservation, a 60-foot-wide strip of federal land that runs along the U.S. side of the border in New Mexico, Arizona and California. It was established in 1907 by President Theodore Roosevelt.

      Congress refused to authorize money for construction of the wall in Arizona. Under Trump’s national emergency declaration, the Defense Department has reprogrammed counterdrug funding to build the border wall.

      In responses to questions from NPR, CBP says contractors will not drill for water within five miles of Quitobaquito Springs. The agency says it is coordinating with the National Park Service, Fish & Wildlife and other stakeholders to identify sensitive areas “to develop avoidance or mitigation measures to eliminate or reduce impacts to the environment.” Additionally, CBP is preparing an Environmental Stewardship Plan for the construction project.

      Critics are not appeased.

      “There is a whole new level of recklessness we’re seeing under Trump. We thought Bush was bad, but this is a whole other order of magnitude,” says Laiken Jordahl, a former national park ranger and now borderlands campaigner with the Center for Biological Diversity.

      There was an outcry, too, back in the late 2000s when President George W. Bush built the first generation of bollard wall. Those barriers topped out at 18 feet. The structures rising southwest of Tucson are as tall as a two-story building. They look like they could hold back a herd of T-rexes.

      The Trump administration is using the same Real ID Act of 2005 that empowered President George W. Bush to build his border wall without heeding environmental protections. But the pace of waivers is quickening under Trump’s aggressive construction timeline. Under Bush, the Department of Homeland Security issued five waiver proclamations. Under Trump, DHS has issued 15 waivers that exempt the contractors from a total of 51 different laws, ranging from the Clean Water Act to the Archeological Resources Protection Act to the Wild Horse and Burro Act.

      “The waivers allow them to bypass a lot of red tape and waive the public input process,” says Kenneth Madsen, a geography professor at Ohio State University at Newark who monitors border wall waivers. “It allows them to avoid getting bogged down in court cases that might slow down their ability to construct border barriers along the nation’s edges.”

      The most important law that CBP is able to sidestep is the National Environmental Policy Act, NEPA—known as the Magna Carta of federal environmental laws. It requires a detailed environmental assessment of any “federal actions significantly affecting the quality of the human environment.” NEPA covers most large federal construction projects, such as dams, bridges, highways, and waterway projects.

      Considering the construction of 450 miles of steel barriers on the nation’s southern boundary, “There is no question that NEPA would require preparation of an environmental impact statement, with significant input from the public, from affected communities, tribal governments, land owners, and land managers throughout the process. And it is outrageous that a project of this magnitude is getting a complete exemption from NEPA and all the other laws,” says Dinah Bear. She served as general counsel for the White House’s Council on Environmental Quality for 24 years under four presidents.

      To some border residents, barriers — regardless how controversial — are the best way to stop illegal activity.

      “I support Donald Trump 100%. If you’re going to build a wall, build it!” declares rancher John Ladd.

      His family has bred cattle in Arizona since it was a territory. Their ranch backs up to the Mexican border near the town of Naco. The surrounding mountains purple at dusk, as a bull and his harem of cows munch gramma grass.

      Time was when the Ladd ranch was overrun by people crossing the border illegally. They stole things and cut fences and left trash in the pastures. Then in 2016, at the end of the Obama years, CBP built a fence, continuing what Bush started.

      Ladd reserves judgment on the propriety of a wall through a federally protected wilderness. But for his ranch, walls worked.

      “When this 18-foot wall went in, it was obvious that immigrants quit coming through here,” he says. “It was an immediate improvement with the security of our border as well as our houses.”

      Other border neighbors feel differently.

      The vast Tohono O’odham Nation — nearly as big as Connecticut — shares 62 miles with Mexico. The tribe vehemently opposes the border wall. Several thousand tribal members live south of the border, and are permitted to pass back and forth using tribal IDs.

      Already, border barriers are encroaching on the reservation from the east and west. While there is currently no funding to wall off the Arizona Tohono O’odham lands from Mexico, tribal members fear CBP could change its mind at any time.

      “We have lived in this area forever,” says Tribal Chairman Ned Norris, Jr. “And so a full-blown 30-foot wall would make it that much difficult for our tribal citizens in Mexico and in the U.S. to be able to actively participate with family gatherings, with ceremonial gatherings.”

      Traditions are important to the Antone family. The father, son and daughter recently joined other tribal members walking westward along State Highway 86, which runs through the reservation. They were on a pilgrimage for St. Francis.

      Genae Antone, 18, stopped to talk about another rite of passage. Young Tohono O’odham men run a roundtrip of 300 miles from the reservation, across the border, to the salt flats at Mexico’s Sea of Cortez.

      “The salt run, for the men, that’s really important for us as Tohono O’odham. For the men to run all the way to the water to get salt,” she said. “Some people go and get seashells. So I don’t really necessarily think it (the border wall) is a good idea.”

      The Antone family — carrying a feathered walking stick, a statue of the virgin, and an American flag — then continued on its pilgrimage.

      https://www.npr.org/2019/10/13/769444262/border-wall-rising-in-arizona-raises-concerns-among-conservationists-native-tri
      #cactus

    • Les murs frontaliers sont une catastrophe écologique

      On les croyait en voie d’extinction, ils se sont multipliés : les murs et autres clôtures aux frontières pour empêcher les migrations humaines ont un impact délétère sur de nombreuses espèces en morcelant leurs habitats naturels. Une raison de plus de s’y opposer, pour ce chroniqueur de gauche britannique.

      C’est au XXIe siècle que convergent les catastrophes humanitaires et environnementales. L’effondrement climatique a contraint des millions de personnes à fuir de chez elles, et des centaines de millions d’autres risquent le même sort. La famine qui dévaste actuellement Madagascar est la première que les Nations unies ont qualifiée de conséquence probable de l’urgence climatique [un lien contesté] ; elle ne sera pas la dernière. De grandes métropoles s’approchent dangereusement de la pénurie d’eau à mesure que les nappes souterraines sont vidées. La pollution de l’air tue 10 millions de personnes par an. Les produits chimiques de synthèse qui se trouvent dans les sols, l’air et l’eau ont des retentissements indicibles sur les écosystèmes et les êtres humains.

      Mais, à l’inverse, les catastrophes humanitaires, ou plus précisément les réactions cruelles et irrationnelles des gouvernements face à ces crises, peuvent aussi déclencher des désastres écologiques. L’exemple le plus frappant est la construction de murs frontaliers.

      En ce moment, avec l’aide de 140 ingénieurs militaires britanniques, la Pologne entame la construction d’une paroi en acier de 5,5 mètres de haut sur 180 kilomètres, le long de sa frontière avec la Biélorussie. L’aide des militaires britanniques facilitera la signature d’un nouveau contrat d’armement entre le Royaume-Uni et la Pologne, d’un montant approximatif de 3 milliards de livres.
      L’illusion de la chute du mur

      Le mur est présenté comme une mesure de “sécurité”. Pourtant, il protège l’Europe non pas d’une menace mais du dénuement absolu de personnes parmi les plus vulnérables du monde, en particulier des réfugiés venus de Syrie, d’Irak et d’Afghanistan qui fuient les persécutions, la torture et les massacres. Ils ont été cruellement exploités par le gouvernement biélorusse, qui s’est servi d’eux comme arme politique. Ils sont maintenant piégés à la frontière en plein hiver, gelés et affamés, sans nulle part où aller.

      À la chute du mur de Berlin, on nous a promis l’avènement d’une nouvelle époque plus libre. Depuis, beaucoup plus de murs ont pourtant été érigés qu’abattus. Depuis 1990, l’Europe a construit des murs frontaliers six fois plus longs que celui de Berlin. À l’échelle mondiale, le nombre de frontières clôturées est passé de 15 à 70 depuis la fin de la guerre froide : il existe actuellement 47 000 kilomètres de frontières matérialisées par des barrières.

      Pour ceux qui sont piégés derrière ces obstacles, la cruauté du capitalisme est difficile à distinguer de la cruauté du communisme.

      (#paywall)
      https://www.courrierinternational.com/article/faune-les-murs-frontaliers-sont-une-catastrophe-ecologique

    • An endangered wolf spent days searching for a mate. The border wall blocked him.

      It is the first time researchers have directly observed how border fences hinder the Mexican gray wolf, which is on the verge of extinction.

      One chilly early morning in November, a wolf roamed southwest of Las Cruces, New Mexico, on the southern border of the U.S. He was probably driven by the call for survival and wanted to mate, researchers say.

      In his search for a mate or for better opportunities, the wolf tried to cross the dangerous Chihuahuan Desert, a region he knows very well because it has been his species’ habitat since time immemorial.

      This time, however, he was unable to cross. The barriers that make up the border wall prevented him from crossing the border into Mexico.

      “For five days he walked from one place to another. It was at least 23 miles of real distance, but as he came and went, he undoubtedly traveled much more than that,” said Michael Robinson, the director of the Center for Biological Diversity, a nonprofit organization that defends and monitors species that are in danger of extinction — like this Mexican gray wolf, whom they called Mr. Goodbar.

      Robinson lives in Silver City, very close to Gila National Forest. He noticed the wolf’s adventures when he was reviewing a map from the U.S. Fish and Wildlife Service that records the locations of the wolves using GPS devices they have on necklaces. It is the first time researchers have directly observed how the border wall hinders the life of the species, which is at risk of extinction.

      “Mr. Goodbar’s Thanksgiving was forlorn, since he was thwarted in romancing a female and hunting together for deer and jackrabbits,” Robinson said. “But beyond one animal’s frustrations, the wall separates wolves in the Southwest from those in Mexico and exacerbates inbreeding in both populations.”

      The dangers of the wall

      The Center for Biological Diversity and other organizations have said the border wall cuts off connections for wildlife in the area. The center has filed multiple lawsuits to stop the construction of barriers between the two countries and protect the populations of gray wolves and other endangered animals.

      The organization announced Dec. 21 that it plans to sue the Department of Homeland Security and Customs and Border Protection for failing to protect ocelots and other species during the construction of border levees along the Rio Grande Valley in Texas.

      “It is hypocritical to use safety as an excuse to repair levees and then ignore federal laws that protect people and wildlife. These alleged repairs are seen more as an excuse to rush the construction of the border wall,” Paulo Lopes, a lawyer for the Center for Biological Diversity, said in a statement.

      The organization said more than 13 miles of levees will be built on the land of the Lower Rio Grande Valley National Wildlife Refuge, traversing family farms and other private property in Hidalgo County, Texas.

      Ocelots have been in danger of extinction since 1982, and according to official data, it’s estimated that fewer than 50 of them remain in the U.S., all in South Texas.

      Restoring their habitat, including creating wildlife corridors, is a priority for the Rio Grande Wildlife Refuge, but the levees project — which involves removing vegetation along the river to build a control zone 150 feet wide with new roads for law enforcement agencies, as well as lighting systems, cameras and sensors — threatens the ocelot’s habitat.

      Building a wall on the border between Mexico and the U.S. was one of former President Donald Trump’s main campaign promises, and 450 miles of the project were completed during his presidency. The Biden administration suspended construction work, but Texas’ Republican governor, Greg Abbott, began construction of his own wall on Dec. 20.

      “President Biden should knock down the wall,” Robinson said. “Allowing Mexican gray wolves to roam freely would do right by the sublime Chihuahuan Desert and its lush sky-island mountains. We can’t allow this stark monument to stupidity to slowly strangle a vast ecosystem.”
      Challenges to survival

      By March, the Fish and Wildlife Service had estimated that 186 specimens of the Mexican gray wolf (Canis lupus baileyi) were in the wild, an increase of 14 percent over 2020. The population has increased for five consecutive years. Only 35 of the wolves are in Mexican territory, according to Mexican government data.

      In some ways, the fight to preserve the wolves is a success story, because, from 1915 to 1972, U.S. authorities poisoned and trapped almost all of the wolves in the wild. Three of the last five surviving wolves, captured from 1977 to 1980, were bred in captivity along with the progeny of four previously captured Mexican wolves.

      Because of a lawsuit filed by the center, the descendants of those seven wolves were reintroduced in the Southwestern U.S. in 1998. On the Mexican side, the wolves’ release began in 2011.

      The subspecies is about 5 feet long, usually weighs 50 to 80 pounds and lives in herds of four to nine. Their gray and rust-color fur is abundant. They live from two to eight years, and, despite protective measures, very few die of natural causes.

      Historically, their habitat has been the border: They used to live throughout southwestern Texas, southern New Mexico and southeastern Arizona and as far south as central Mexico. Today they are found only in the Gila ecosystem, in eastern Arizona and western New Mexico, and in the Sierra de San Luis, in northern Mexico.

      Despite the modest but constant growth of its population, activists and experts have made multiple calls to maintain the protections for the species. Mr. Goodbar, who was born at the Sedgwick County Zoo in Kansas and was released in the desert area of ​​Arizona in 2020, is the result of such measures.

      The wolf’s adventurous and exploratory spirit is part of the species’ most basic instincts. It also runs in the family.

      Wolves from Mexico twice entered the U.S. at the beginning of 2017. One crossed through the point where Mr. Goodbar couldn’t make it and then returned to Mexico. Two months later, a female crossed into Arizona, and authorities captured her to appease complaints from people linked to the livestock industry.

      She is Mr. Goodbar’s mother, and she is still in captivity.

      “If the barriers remain on the border, and more are being built, that is going to have an impact on the genetic diversity of the wolves, because it could affect their reproduction. If the wall could be knocked down, at least in some key areas, it has to be done. That will allow for wildlife connectivity,” Robinson said.
      A problem of borders

      Researchers at the Center for Biological Diversity say wolves aren’t the only species threatened by the border wall.

      The telemetry studies of Aaron Flesch, a researcher at the University of Arizona, have found that the mountain owl, a bird in the area, flies at an average height of 4.5 feet, so border fences would also affect it.

      In addition, other animals, such as the cacomixtle, which is similar to a racoon, and the northern fox need to travel through large areas of the Chihuahuan Desert to feed and reproduce, so the barriers are obstacles to their habitats.

      Aislinn Maestas, a public affairs specialist for the Fish and Wildlife Service, said in a statement published in the El Paso Times that it was “speculative” to suggest that a barrier may have affected the wolf’s movements, adding that the wolf has continued to roam widely.

      However, the ecological impacts of border barriers have been widely documented. Roads and farmland isolate wildlife, but nothing else separates some species as effectively as border walls.

      The fence erected between Slovenia and Croatia in 2015 could lead to the gradual extinction of the lynx in the Dinaric Mountains. Carcasses of bears, deer and lynx that died horribly after they got caught on their quills are often found throughout the area.

      The barrier between India and Pakistan has caused the population of the Kashmir markhor (a rare wild goat) to collapse. The world’s longest border fences divide China, Mongolia and Russia, isolating populations of wild donkeys, Mongolian gazelles and other endangered species from the steppes.

      Modern wildlife researchers have warned that even in large protected areas, wildlife species are at risk of extinction if they can’t disperse and mix with populations elsewhere.

      Robinson, the activist, said that only once was he able to see a Mexican gray wolf in the wild. “They are incredible animals and play a key role in balancing nature,” he said.

      After his days trying to cross the border in November, Mr. Goodbar headed north toward Gila National Forest, where most of the Mexican wolves live. The area is very close to where Robinson lives, and he usually hears the powerful howls and sees the footprints the wolves leave on their wanderings across the border.

      “At any moment he will leave again. That is their nature, regardless of the walls that human beings build," Robinson said.

      https://www.nbcnews.com/news/latino/endangered-wolf-spent-days-searching-mate-border-wall-blocked-rcna10769

      #loup

  • Police asked 3D printing lab Arora to recreate a dead man’s fingers to unlock phone

    http://fusion.net/story/327145/3d-print-dead-mans-fingers-to-unlock-his-phone

    A 3D printed finger alone often can’t unlock a phone these days. Most fingerprint readers used on phones are capacitive, which means they rely on the closing of tiny electrical circuits to work. The ridges of your fingers cause some of these circuits to come in contact with each other, generating an image of the fingerprint. Skin is conductive enough to close these circuits, but the normal 3D printing plastic isn’t, so Arora coated the 3D printed fingers in a thin layer of metallic particles so that the fingerprint scanner can read them.

    [...]

    “We don’t know which finger the suspect used,” he told me by phone. “We think it’s going to be the thumb or index finger—that’s what most people use—but we have all ten.”

    [...]

    a password that you have memorized may be protected by the Fifth Amendment. Your fingerprints aren’t.

    but a judge argues that

    phones should be considered extensions of our minds and should be protected under the Fifth Amendment (protection against self-incrimination) and not just the Fourth Amendment (protection against illegal search and seizure). He argues that cell phones are unlike almost anything else we own.

    #authentication
    #fingerprint
    #security
    #privacy

    • Update: We don’t know what kind of phone this person had. But a few readers have pointed out that with many modern phones a passcode is required if you haven’t used the fingerprint unlock in over 48 hours. So it’s possible that police will unlock the phone and hit a passcode question.

  • La justice estime que Microsoft n’a pas à transmettre aux Etats-Unis des données stockées en Europe
    http://www.lemonde.fr/pixels/article/2016/07/14/la-justice-estime-que-microsoft-n-a-pas-a-transmettre-aux-etats-unis-des-don

    Les autorités américaines ne peuvent pas exiger que Microsoft leur transmette le contenu de courriels échangés par un de ses utilisateurs et stockés dans un serveur en Europe, a décidé jeudi 14 juillet une cour d’appel des Etats-Unis.

    La législation américaine « n’autorise par les tribunaux à émettre et faire exécuter par des fournisseurs de services basés aux Etats-Unis des mandats destinés à faire saisir le contenu de courriels de consommateurs qui sont stockés exclusivement sur des serveurs à l’étranger », écrit cette cour de Manhattan, à New York, dans son arrêt.

    Elle donne ainsi raison au groupe informatique américain, opposé au gouvernement américain depuis plusieurs années dans ce dossier. Microsoft refuse d’exécuter un mandat judiciaire américain exigeant qu’il transmette le contenu des messages échangés sur son service de messagerie par un utilisateur soupçonné de trafic de drogue.

    J’imagine que c’est parti pour la Cour suprême…

    • Rapide revue des arguments…

      Microsoft wins landmark appeal over seizure of foreign emails | Reuters
      http://www.reuters.com/article/us-microsoft-usa-warrant-idUSKCN0ZU1RJ

      Microsoft had said the warrant could not reach emails on the Dublin server because U.S. law did not apply there.

      The Redmond, Washington-based company also said enforcing the warrant could spark a global “free-for-all,” where law enforcement authorities elsewhere might seize emails belonging to Americans and stored in the United States.

      Federal prosecutors countered that quashing warrants such as Microsoft’s would impede their own law enforcement efforts.

      But Judge Carney said limiting the reach of warrants serves “the interest of comity” that normally governs cross-border criminal investigations.

      She said that comity is also reflected in treaties between the United States and all European Union countries, including Ireland, to assist each other in such probes.

      Some law enforcement officials have said obtaining such assistance can, nonetheless, be cumbersome and time-consuming.

      The Justice Department is working on a bilateral plan to streamline how U.S. and British authorities request data from companies in each other’s country.

      A bipartisan bill was introduced in the U.S. Senate in May to clarify when and where law enforcement may access electronic communications of U.S. citizens.

      Circuit Judge Gerard Lynch, who concurred in the judgment, urged Congress to modernize the “badly outdated” 1986 law to strike a better balance between law enforcement needs and users’ privacy interests and expectations.

      Lynch said the law, as it stands now, lets Microsoft thwart an otherwise justified demand to turn over emails by the “simple expedient” of choosing to store them outside the United States.

      I concur in the result, but without any illusion that the result should even be regarded as a rational policy outcome, let alone celebrated as a milestone in protecting privacy,” he wrote.

      The case is In re: Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp, 2ndU.S. Circuit Court of Appeals, No. 14-2985.

  • Israeli forces kill 1 Palestinian youth, injure 1, and detain 1 other
    July 13, 2016 9:44 A.M. (Updated : July 13, 2016 1:03 P.M.)
    http://www.maannews.com/Content.aspx?id=772219

    RAMALLAH (Ma’an) — A Palestinian youth was killed and another injured by Israeli forces while a third was detained early on Wednesday, as soldiers opened fire at the youths’ vehicle in the town of al-Ram in the occupied West Bank’s Jerusalem district.

    The youth who was killed was identified as Anwar al-Salaymeh , 22, and the two survivors were identified as Fares Khader al-Rishq, 20, who remains critically injured, and Muhammad Nassar, 20, who was detained by Israeli forces after the incident.

    Locals told Ma’an that Israeli forces opened fire at three Palestinians youths, all residents of al-Ram, in a vehicle inside the town around dawn, as the three were seemingly unaware that Israeli forces were deployed in the town and conducting raids.

    An Israeli army spokesperson said that the presence of Israeli authorities in the town was due to the fact that Israeli forces, border guards and police reportedly found a blacksmith workshop in al-Ram that manufactured weapons.

    Witnesses confirmed that Israeli forces and military vehicles raided al-Ram, closed the main street and raided a blacksmith workshop in the area.

    The Israeli spokesperson added that during the military raid, border guards allegedly “saw a speeding vehicle heading towards them” and opened fire, killing one of the passengers and injuring another while a third was detained and transferred for interrogation.

    According to locals, al-Rishq’s vehicle arrived near the area where the raid was taking place, and Israeli soldiers opened fire at the car from a close distance, injuring al-Rishq and al-Salaymeh, who later died.

    Witnesses said that Israeli forces prevented Palestinian Red Crescent ambulances from reaching the injured.

    #Palestine_assassinée

    ““““““““““““““““““““““““““““““““““““““““““““““

    Par crainte d’une attaque à la voiture bélier, la police tire et tue un Palestinien
    Les policiers perquisitionnaient un atelier d’armes à al-Ram, Cisjordanie, quand un véhicule a accéléré vers eux, selon l’armée
    Times of Israel Staff 13 juillet 2016, 12:18
    http://fr.timesofisrael.com/par-crainte-dune-attaque-a-la-voiture-belier-la-police-tire-et-tue

    Des gardes-frontières opérant dans la ville palestinienne d’al-Ram, au nord de Jérusalem, ont ouvert le feu tôt mercredi matin contre un véhicule qui aurait, d’après les policiers, accéléré en leur direction. Un passager palestinien a été tué.
    Une deuxième personne présente dans la voiture a été blessée. Une troisième est indemne, mais a été arrêtée par la police pour être interrogée.

    L’un des garde-frontières a ouvert le feu, selon l’armée, après s’être « senti en danger ».

    Un communiqué de l’armée israélienne a annoncé qu’une enquête avait été ouverte.

    L’opération a dévoilé un atelier de fabrication d’armes dans la ville, a annoncé l’armée. Les forces de sécurité ont lancé une opération de répression majeure des manufactures d’armes souterraines en Cisjordanie, et en ont fermé 16 depuis le début de l’année, selon l’armée.

    D’autre part, 13 Palestiniens ont été arrêtés dans la nuit, dont un agent du Hamas près de Tulkarem.

    • Israel to carry out autopsy on Palestinian slain during army raid
      July 14, 2016 1:57 P.M. (Updated: July 14, 2016 4:22 P.M.)
      http://www.maannews.com/Content.aspx?id=772237

      RAMALLAH (Ma’an) — Israel has decided to carry out an autopsy for a Palestinian who was killed by Israeli forces on Wednesday during a night raid in the central occupied West Bank.

      Anwar Falah al-Salaymeh, 22, was in a car with two friends in the town of al-Ram in the West Bank’s Jerusalem district in the early hours on Wednesday, seemingly unaware that Israeli soldiers were deployed in the town, when they encountered troops who fired shots at their vehicle, killing him.

      Al-Salaymeh’s surviving friends, Fares Khader al-Rishq, 20, and Muhammad Nassar, 20, were both detained after the shooting, despite al-Rishq being critically wounded .

      Lawyer Muhammad Mahmoud, who works with prisoners rights group Addameer, said in a statement on Thursday that al-Salaymeh’s family had agreed on an autopsy on the condition that a Palestinian doctor attend the procedure.

      Mahmoud added that preliminary scans showed al-Salaymeh had been hit by three bullets in the back.

      Meanwhile, the Israeli magistrate court extended al-Rishq and Nassar’s detention to Thursday, as they were presented in front of a judge on Wednesday for “taking part in a vehicular attack attempt against border guards while inside al-Ram town.”

      Al-Rishq and Nassar rejected the accusations, saying they were on their way to a bakery in the area.

      Mahmoud added that al-Rishq was in a stable condition in spite of his head injury, and was present in front of the judge.

      The lawyer said that the issue of returning al-Salaymeh’s body to his family had not been discussed.

      Al-Salaymeh is one of more than 220 Palestinians who have been killed by Israelis since a wave of unrest erupted in October. Some 32 Israelis have been killed by Palestinians during the same time frame.

      The bodies of at least seven Palestinians killed while allegedly attacking Israelis have still not been returned to their families for burial — an Israeli policy which rights groups have denounced as constituting collective punishment.

  • Three Cambodian activists convicted and heavily fined — but free
    https://news.mongabay.com/2016/07/three-cambodian-activists-convicted-and-heavily-fined-but-free/?n3wsletter

    hree activists standing trial from Cambodian environmental NGO Mother Nature Cambodia were released from prison on Friday. They had been incarcerated ahead of trial in Koh Kong City prison since August 17, 2015.

    Sentencing Try Sovikea, Sim Somnang, and San Mala on Friday, July 1, the provincial judge found all three guilty of instigating threats to destroy property. He sentenced them to 18 months each. However, the sentence was suspended and they were released later the same day, having spent 10 months and fifteen days in jail.

    The judge also ordered them to pay the equivalent of $500 each in court costs, as well as a collective sum of $25,000 compensation to the sand-mining company Direct Access, which had levelled the original complaints against the three.

    #Cambodge #activisme #répression #environnement

  • Secret Rules Make It Pretty Easy for the FBI to Spy on Journalists
    https://theintercept.com/2016/06/30/secret-rules-make-it-pretty-easy-for-the-fbi-to-spy-on-journalists

    Secret FBI rules allow agents to obtain journalists’ phone records with approval from two internal officials — far less oversight than under normal judicial procedures. The classified rules, obtained by The Intercept and dating from 2013, govern the FBI’s use of National Security Letters, which allow the bureau to obtain information about journalists’ calls without going to a judge or informing the news organization being targeted. They have previously been released only in heavily redacted (...)

    #FBI #écoutes #journalisme

  • What a Palestinian Parliament Member Learned in an Israeli Prison

    Khalida Jarrar knew a lot about prisoner issues, but her 14 months behind bars offered plenty of surprises.
    Amira Hass Jun 19, 2016 5:18 PM
    http://www.haaretz.com/israel-news/.premium-1.725721

    Palestinian lawmaker Khalida Jarar after her release from prison.Majdi Mohammed/AP

    In her first few days after being released from prison on June 2, Khalida Jarrar still described things in the present tense.

    “We go to the yard twice a day, from 10:30 A.M. to 1 P.M. and from 2:30 to 5 P.M.,” she told friends. Or: “We are 61 women and girls, minors, in prison — 41 in Hasharon Prison and 20 in Damun Prison.”

    The women who are still awaiting trial are in Damun Prison, while those who have been sentenced, the minors and the wounded — usually by Israeli bullets while they were waving a knife or trying to stab a soldier (one was seriously burned by a gas-cylinder explosion) — are in Hasharon.

    Ten wounded prisoners were with Jarrar in the wing, five adults and five minors. At the press conference immediately after her release she didn’t explain what that meant — to live with the shooting victims in the same room or wing.

    In personal conversations she said a little more, always careful not to infringe on the privacy of the women. And she constantly praised the longtime prisoner Lena Jerboni, who took on the difficult and sensitive jobs such as washing the wounded, accompanying them to the infirmary and to physiotherapy, and cooking.

    Jarrar, a Palestinian member of parliament, also spoke in the plural. She didn’t speak of her own difficulties during her 14 months in prison. The cameras and journalists focused on her, the “famous” one, but she spoke in the name of the collective, where the intensive living gave her the chance to use her abilities, political experience and status as a public figure.

    As part of this status, for example, she and Jerboni demanded from a prisoner who was an Israeli citizen and who supported the Islamic State organization to keep her dangerous opinions and thoughts to herself and not share them with the other women.

    After she was convicted on two of 12 charges (relating to incitement and providing services to the Popular Front for the Liberation of Palestine), Jarrar used the last five months of her term to conduct a field study of her fellow inmates, from the perspective of gender.

    Palestinian society, which estimates that some 800,000 of its sons and daughters have been imprisoned in Israel since 1957, doesn’t lack research on and testimonies from prison. But mostly this research describes the experience from the perspective of the prison majority: men.

    Jarrar focused on gender in the process of arrest and imprisonment from two perspectives: the prisoner’s and the jailer’s. She interviewed 36 women at length and about many aspects: the period before the imprisonment, the arrest (and injury), the investigation, the trial and the imprisonment. Some told her she was the first to ask them about their lives and listen so attentively.

    She can suggest some generalizations because of the dramatic rise in the number of Palestinian women who entered Israeli prisons during her own term. This is the rise of the phenomenon of women who were pushed into being arrested for “social reasons.” This is also what brought a delegation of four representatives of Israel’s Justice Ministry to Hasharon Prison, Jarrar told Haaretz.

    “They asked what could be done for those women,” she said. “I told them their place wasn’t in prison; they should be freed, and our role in Palestinian society was to treat and take care of them and the issues that motivated them.”

    Women activists are certain that if these women are not sent to prison, the “social reasons” phenomenon would be reduced.

    An example of “social reasons” could be heard last week at the military court in Ofer, near Ramallah. A woman we will identify only by her initials, A.B., was arrested early in the week near a checkpoint in Hebron. She had a 15-centimeter-long knife in her bag and did not resist arrest.

    In her interrogation and at two detention hearings (on Monday and Tuesday), the circumstances were brought up: She quarreled with her husband, who does not help to provide for their children.

    Nitza Aminov, a left-wing activist who monitors the Ofer military court, reported that the prosecutor, Capt. Elhanan Dreyfus, said the prosecution knows that many women come to the checkpoints with knives because of problems at home. Nonetheless, he requested that A.B. remain in custody.

    The judge, Maj. Naftali Shmulevich, agreed and wrote in his ruling that the understanding in the region was that “possessing a knife outside the home is for purposes of carrying out a crime.”

    Rocky ride in the bosta

    Even before her arrest, Jarrar devoted a great deal of time to political and social activities relating to Palestinian prisoners. She ran Addameer, a human rights group supporting Palestinian prisoners. She was elected to the Palestinian Legislative Council in 2006 as a member of the left-wing slate of Abu Ali Mustafa, the Popular Front’s secretary-general assassinated by Israel in August 2001. And she heads the monitoring committee on prisoners.

    Asked whether anything surprised her in prison, Jarrar told Haaretz: “I was surprised there were things that various [prisoners’ rights] institutions hadn’t managed to solve,” she said, emphasizing the transportation of detainees to court, hospitals and other prisons.

    “Why is it impossible to solve this problem? After all, all the prisoners complain about it — Jewish and Palestinian, criminal and security [prisoners] — and Israeli institutions have criticized it too.”

    Unequivocally, prisoner transport was the most difficult experience for Jarrar during her arrest and imprisonment, and the only one for which she occasionally mixes an “I” into the description.

    For the eight months of her trial she was transported in a bosta, as the prison vehicles are known, about 40 times. She joked that she knew all the members of Nahshon, the security unit that accompanies prisoners.

    But with serious tone she said, switching from “I” to the collective: “If we, the healthy ones, were sick for two or three days after every transport, what can we say about those wounded by gunfire?”

    The medical treatment for the wounded and sick women prisoners is good, said Jarrar, as opposed to the initial treatment in Israeli hospitals immediately after their arrest. One of the seriously injured women fell ill one night, was rushed from her cell to a civilian hospital and the next day was brought to a court hearing. And all of it in the bosta.

    The bosta is a kind of bus or truck whose passenger cabin is divided into several two-person compartments. They leave the prison at about 2 A.M. The iron benches are not padded, and every rock, pothole and bend in the road sends waves of pain through the bouncing body of each passenger.

    A guards cuff the prisoners’ hands and feet before they enter the vehicle, so they must hop carefully up the steps. When they also have baggage, such as when being transferred between prisons, this maneuvering becomes an art.

    After a few trips, Jarrar stopped reminding the guards that the prison doctor had instructed that she not be placed in restraints because of her chronic blood-vessel disease.

    Jews, Arabs, common criminals, religious people, women and men, all may ride together in the bosta. Jerboni has filed a number of complaints with the prison service on behalf of women who complained of sexual harassment and racist abuse during these rides, Jarrar said.

    After the prisoners are placed in the iron cells, they are driven to the prison in Ramle, where the “transfer center” is located, the place where inmates are gathered from various detention facilities on their way to the military courts, hospitals and other prisons. They wait three, four, five hours, which feel like 50. They are kept shackled in the bosta, without being able to go to the bathroom. As a result, many women prefer not to eat or drink before the transport.

    One can decide to spend the waiting time at Ramle Prison, in a room divided into iron cells, instead of in the boosta. The humiliating search before entering a waiting “cage” in Ramle prison, instead of waiting in the bosta, discourages many women from choosing this option.

    Time in the ‘refrigerator’

    At the Ofer military court, southeast of Ramallah, the detainees are kept for hours in a sort of cell they call the zinzana or the “refrigerator,” until they are taken to the prefab building that serves as the military courtroom. It’s cold there even in summer. In the winter it’s freezing and “we all shiver,” Jarrar said. It’s also filthy.

    After the court session, the detainees are returned to the “refrigerator” and wait for the return trip, first via Ramle, where the shackled human cargo waits again in the bosta for hours. Then they are returned to the prison — sometimes at midnight, sometimes at 2 A.M.

    Jarrar began to learn Hebrew in prison, so she could understand the guards and communicate her requests and protests.

    In the “refrigerator” she met other Palestinian women who were detained in Ashkelon or Ramle prisons, for lack of space in the women’s prisons.

    It was clear they had not been allowed to shower for days or change out of the clothes they were wearing at the time of their arrest. Some had bloodstained pants, as they were not provided with menstrual products.

    “I was shocked. I didn’t expect to witness such prison conditions in the 21st century,” Jarrar said. Jerboni informed the prison authorities that the Hasharon prisoners were willing to sleep on mattresses on the floor if they would only transfer the other prisoners there, said Jarrar.

    Later the wing in Damun was opened, with its own problems — over 10 prisoners in a cell, with a single toilet, and for a long time, until a female deputy was assigned, a male warden. The overcrowding problem was partially solved, and in March the women at Hasharon were moved to a different wing.

    It was in an old building and it was filthy, crawling with roaches, dripping with water and lacking essentials such as shelves and wardrobes. There were also bees, and everyone was stung.

    Jarrar said that when the women complained that the place was unfit for human habitation, they were told “everything is fine.” They returned their lunches in protest, and workers were sent immediately to fix the situation.

    “All told, the time in prison wasn’t particularly difficult,” Jarrar said. She got the impression that the administration at Hasharon didn’t want to increase tensions, and some problems could be solved through negotiation. Jerboni was the main negotiator for the prisoners.

    The administration also allowed a Palestinian teacher from Israel to teach the minors for a few hours, three days a week. Jarrar taught them English and instructed the adults on how to prepare youths for the matriculation exams. They were also busy cataloguing the books they had.

    Near the end of her sentence, Jarrar met with one of the senior wardens. Jarrar said she told her that the problem was the occupation, and will end with its end. Her impression was that the warden agreed.

  • #Texas officials vote against British firm’s plans for immigration detention center

    Billion-dollar company #Serco had lobbied the US for more than a year in a push for detention contracts as judge cites ‘red flags’ and ‘limited time frame’

    https://www.theguardian.com/business/2016/jun/15/texas-immigration-detention-center-serco-proposal-mexico-border
    #USA #Etats-Unis #détention_administrative #rétention #asile #migrations #réfugiés #privatisation

  • State Seeks Life Plus 60 Years for Killer of Teen at Jerusalem Gay Pride Parade

    Prosecutor asks Jerusalem judge ’to ensure that the accused never goes free,’ referring to Yishai Schlissel, murderer of 16-year-old Shira Banki a year ago.
    Nir Hasson Jun 16, 2016
    http://www.haaretz.com/israel-news/1.725414

    Yishai Schlissel at Jerusalem court. April 19, 2016.Emil Salman

    Prosecutors have asked for a life sentence and another 60 years for Yishai Schissel, for the murder of Shira Banki at a Gay Pride march in Jeusalem last year, and for the accused to pay compensation to her family and the wounded.

    Attorney Oshrat Shoham, a Jerusalem district prosecutor, said on Thursday during a hearing ahead of sentencing:

    “The accused’s actions were dark. They were aimed at darkening the world of people marching joyously through in the city, and as an attempt to strike fear from a place of hatred, intolerance and zealotry, and take the lives of innocent people. We ask the court to ensure that the accused never goes free and make clear to all the zealots that the justice system will respond forcefully to extreme acts of hatred.”

    Schlissel, 39, was convicted in April of the killing as well as the attempted murder for stabbing and wounding six other people.

    Judges on the three-member panel severely criticized the police as well, saying they had failed to properly absorb the lessons of a previous attack by Schlissel, an ultra-Orthodox man, on a gay pride parade in 2005.

    They described as unfathomable the ease with which Schlissel managed to perpetrate an additional attack only a month after his release from prison for the earlier stabbings in which he wounded three people.

    The judges also criticized the law for failing to require follow-up monitoring of dangerous criminals once they have completed serving their sentences.

    “Shira was an innocent, idealistic young woman full of hopes and dreams. The accused perpetrated a dark and cruel and useless merciless act that snuffed out her life,” the judges wrote.

    Schlissel was indicted in August for Banki’s murder, and as his charge sheet was read out in court he blurted out that “whenever there is a gay pride parade [you should] stop the blasphemy against God. Stop the madness and all the people of Israel should repent.”

    Schlissel underwent psychiatric evaluation before standing trial. He defiantly refused any representation, saying in the past that he doesn’t recognize the court’s authority.

    Sentencing has been scheduled for June 26.

    • Israël : 60 ans de prison contre le meurtrier de Shira Banki lors de la Gay Pride
      Par i24news | Publié : 16/06/2016
      http://www.i24news.tv/fr/actu/israel/116964-160616-israel-60-ans-de-prison-contre-le-meurtrier-de-shira-banki-lor

      Le tribunal de Jérusalem a requis une peine de 60 ans de prison jeudi contre Yishaï Schlissel, le Juif ultra-orthodoxe, accusé de l’assassinat de l’adolescente israélienne, Shira Banki, qu’il avait poignardée lors de la Gay Pride à Jérusalem en juillet 2015, ainsi que de tentatives de meurtres contre d’autres participants.

      « Les actions de l’accusé sont inommables. Elles visaient à assombrir la vie de gens marchant joyeusement à travers la ville, et à semer la peur, par la haine, l’intolérance et le fanatisme, et à prendre la vie de personnes innocentes », a déclaré la procureure Oshrat Shoham.

      « Nous demandons au tribunal de veiller à ce que l’accusé ne soit jamais libéré afin de bien faire comprendre à tous les fanatiques que le système judiciaire répondra avec fermeté aux actes extrêmes de haine », a-t-elle ajouté.

      Par ailleurs, le tribunal a exigé le paiement de l’indemnisation des victimes.

      « C’est ce défilé qui a entraîné les attentats terroristes et l’intifada, il a provoqué la colère de Dieu », a déclaré Shlissel, lors de son procès.

      « Je cherche à agir par amour pour Dieu, et les défilés de la Gay Pride sont contre Dieu et le peuple d’Israël. Les chanteurs et les artistes qui se produisent dans les défilés de la fierté devraient savoir qu’ils participent à la profanation du nom de Dieu. Tout Juif doit savoir s’il est loyal envers le roi des rois, ou s’il s’oppose à Dieu, préférant le diable », a-t-il ajouté.

      Shlissel s’était à plusieurs reprises exprimé contre les homosexuels sur différents forums avant de passer à l’acte.

  • En tout, on estime que 80 pour cent de l’argent de la « fraude du siècle » a finalement atteint Israël, principalement pour des projets immobiliers à Tel Aviv et Eilat.

    France Likely to Probe French Tycoon’s Transfer of Funds to Destinations in Israel

    Prosecution will also have to decide on the question of a reported direct payment from Arnaud Mimran to Netanyahu. Some 80 percent of proceeds from French ’fraud of the century’ are said to have reached Israel.
    Dov Alfon (Paris) Jun 13, 2016 9:00 AM
    http://www.haaretz.com/israel-news/.premium-1.724639

    PARIS – A Paris prosecutor is expected to launch an investigation into gifts and money from Arnaud Mimran, the main suspect in the so-called “fraud of the century” trial, to destinations in Israel, a legal official in France has told Haaretz.

    The Paris district financial prosecutor will have to decide whether to probe the activities of Track Performance Ltd., a company owned jointly by Mimran and French MP Meir Habib, who is a close associate of Prime Minister Benjamin Netanyahu.

    The prosecution will also have to decide on the question of a reported direct payment from Mimran to Netanyahu, its amount and nature and whether it conformed to French law.

    The decision on whether to launch an investigation will be made immediately after the verdict is delivered in the fraud case on July 7.

    The source explained that the purpose of the investigation will be to find all the money belonging to Mimran, in the event that he is convicted and obliged to return to the public purse the 283 million euros he allegedly stole, as demanded by the prosecution. That includes money that is not registered in Mimran’s name, including gifts to friends and relatives, investments in straw companies and transfers of cash to front men, most to return fictitious debts.

    It is in this context that a question posed by the judge during the trial must be understood, the source said. When Mimran testified that he “funded Netanyahu to the amount of one million euros,” the judge immediately asked whether the transfer was a loan without expectation that it would be repaid. Netanyahu has confirmed receiving money from Mimran, but has disputed the amount and its nature.

    French financial police investigators have so far found some 30 million euros in funds smuggled out of France by Mimran. Most of it found its way, at the end of a chain of transfers, to destinations in Israel. There are also assets not registered to Mimran, including a residential building in the 16th arrondissement in Paris that ostensibly belongs to a private company, but is in fact used only by the Mimran family, according to the indictment.

    In addition to Mimran’s many payments directly to Israel, tens of millions of euros were smuggled to Israel from the many bank accounts of the other suspects in the alleged fraud. Police have been unable to connect the funds to a specific suspect.

    In all, it is estimated that 80 percent of the money from the “fraud of the century” eventually reached Israel, primarily to real estate projects in Tel Aviv and Eilat.

    When questioned, Mimran denied ownership of these funds and presented different explanations as to the nature of the payments.

    Prominent in legal documents seen by Haaretz and the Mediapart website is a series of fund transfers – amounting to 1.1 million euros – from Mimran’s account at the Safra Bank in New York to a real estate figure from Eilat. The transfers occurred between March 29 and May 3, 2009.

    Another transfer – of two million euros – took place at the end of 2010 to Samantha Sweid, the widow of purported French-Israeli crime figure Sami Sweid.

    The question of the payment to Netanyahu, about which the latter and Mimran have given different versions, became more complicated this week with the report by Globes reporter Gur Megiddo that Netanyahu confidantes, attorneys Isaac Molho and David Shimron, provided legal services to Arnaud Mimran until at least 2006, and even established a private company for him, by the name of Track Performance Ltd., in which Mimran is a 36 percent shareholder.

    The company’s address is listed as 21 Haarba’a Street, “care of E.S. Shimron, I. Molho, Persky & Co.” – the offices of Molho and Shimron’s law firm. Among Mimran’s partners in the Israeli company is also a Netanyahu associate who introduced Mimran and Netanyahu, the French MP Meir Habib.

    The Haaretz and Mediapart investigation revealed that the company was registered in the Israeli Embassy in Paris and the founding documents were signed in the embassy’s offices. One of the stockholders registered by the Molho-Shimron law firm is Anna Dray, who is listed as residing in Chile.

    The investigation revealed that Dray is Mimran’s ex-wife and the daughter of the late billionaire Claud Dray, in whose murder Mimran is suspected of involvement. Anna Dray told Haaretz and Mediapart that she never founded a company with Mimran, had never been to Chile and had never visited the Israeli Embassy or the offices of Molho-Shimron.

    Another shareholder in the company, Pierre Danin, is an old friend of Mimran’s and one of the suspected junior partners in the fraud. On January 9, 2009, almost three years after the company was registered, according to documents shown to Haaretz, Danin transferred $350,000 to Mimran’s account at Safra Bank in New York, from which many payments subsequently went to Israel.

    The flow of funds between the partners of Track Performance Ltd. shows the endlessly circuitous monetary transfers between France and Israel in this affair. The questions around it only increase in light of Meir Habib’s response:

    “Arnaud Mimran asked me to take part in this company, which he wanted to establish out of his respect for Israel. But to the best of my knowledge, the company was never active, never opened its own bank account and certainly never brought in any money to me.”

    A spokesman for the French financial prosecution, prosecutor Jean-Marc Toubin, declined to confirm or deny the report, saying “When the verdict is given, the prosecution will decide whether new elements arose in the trial that require the opening of an investigation. If a decision is made, no announcement from the prosecution will be made and we will not be able to confirm or deny it, because such an announcement could harm the chances of the investigation to succeed.”

    David Shimron said in response: “Following [Haaretz’s] approach, we checked the file and found that the registration of the company was done via a concular power of attorney that was sent to us by the embassy in Israel. All the registered owners, with the exception of one, were identified by the Israeli consul in Paris.

    In response to the question why the compan was registered by Shimron, Molho and Persky in Israel, Shimron said: “Very simple. Meir Habib was a client and confidante of the firm and he asked us to register the company.”

    #mafia_du_co2

  • Tased in the Chest for 23 Seconds, Dead for 8 Minutes, Now Facing a Lifetime of Recovery
    https://theintercept.com/2016/06/07/tased-in-the-chest-for-23-seconds-dead-for-8-minutes-now-facing-a-life

    In the video, Runnels pulls Bryce over and approaches the car. He tells Bryce to get out but doesn’t give a reason. Bryce repeatedly asks if he is under arrest. Runnels says, “You’re under arrest. Get your ass out of the car,” and attempts to pull him out by force. He then tases Bryce for 23 seconds, handcuffs him, drags the boy’s body behind the car, and deliberately drops him face first onto the asphalt road. Runnels may not have known it at the time, but Bryce was going into cardiac arrest. When the loud thud of the drop boomed throughout the courtroom, gasps echoed out. One woman looked down and covered her eyes with her hand. A man said, “Oh, my god.” A police officer with the Kansas City Police Department quickly brought his fist to his mouth, turned to the man next to him, and whispered, “Jesus.” Even those sitting behind the defendant — a few friends, his wife, his family — gasped, as if the recording revealed a truth about Runnels they had never considered.

  • You don’t know me, but you’ve been inside me, and that’s why we’re here today.


    https://www.buzzfeed.com/katiejmbaker/heres-the-powerful-letter-the-stanford-victim-read-to-her-ra

    A former Stanford swimmer who sexually assaulted an unconscious woman was sentenced to six months in jail because a longer sentence would have “a severe impact on him,” according to a judge. At his sentencing Thursday, his victim read him a letter describing the “severe impact” the assault had on her.

    #viol #proces #must_read #témoignage