position:lawyer

  • Anti-left ’kill list’ kept by far-right German lawyer and policeman
    Evidence of a far-right terror group is growing after the discovery of a “kill list” of left-wing politicians to be murdered if social order collapsed. Is Germany ignoring a right-wing threat from the middle of society?

    http://www.dw.com/en/anti-left-kill-list-kept-by-far-right-german-lawyer-and-policeman/a-40387021?maca=en-Facebook-sharing

    The German Justice Ministry has confirmed that investigators found a folder containing the names, addresses and photos of “representatives of the left-wing political spectrum” which had been kept “for criminal purposes” during last week’s raids against suspected far-right terrorists in the northern state of Mecklenburg-Western Pomerania.
    In an answer to an official information request filed by the socialist Left party, the Justice Ministry said an investigation for “preparation of a serious act of violence against the state” had been opened against two men on August 15. The investigation is understood to be a corollary of the case against Bundeswehr soldier Franco A., who had allegedly been planning to carry out a terrorist attack while posing as a Syrian refugee.

  • VW engineer sentenced to 40-month prison term in diesel case
    http://www.reuters.com/article/us-volkswagen-emissions-sentencing/vw-engineer-sentenced-to-40-month-prison-term-in-diesel-case-idUSKCN1B51YP
    https://s3.reutersmedia.net/resources/r/?m=02&d=20170825&t=2&i=1198561402&w=&fh=545px&fw=&ll=&pl=&sq=&r=LYN

    No one is innocent

    WASHINGTON/DETROIT (Reuters) - A federal judge in Detroit sentenced former engineer James Liang to 40 months in prison on Friday for his role in Volkswagen AG’s (VOWG_p.DE) multiyear scheme to sell diesel cars that generated more pollution than U.S. clean air rules allowed.

    U.S. District Court Judge Sean Cox also ordered Liang to pay a $200,000 fine, 10 times the amount sought by federal prosecutors. Cox said he hoped the prison sentence and fine would deter other auto industry engineers and executives from similar schemes to deceive regulators and consumers.

    Liang was part of a long-term conspiracy that perpetrated a “stunning fraud on the American consumer,” Cox said, as the defendant’s family looked on in the courtroom. “This is a very serious and troubling crime against our economic system.”

    Liang’s lawyer, Daniel Nixon, on Friday urged Cox to consider a sentence of house arrest, saying Liang was not a “mastermind” of the emissions fraud. Liang “blindly executed a misguided loyalty to his employer,” Nixon said.

    Federal prosecutor Mark Chutkow countered that Liang was a “pivotal figure” in designing the systems used to make Volkswagen diesels appear to comply with U.S. pollution standards, when instead they could emit up to 40 times the allowed levels of smog-forming compounds in normal driving.

    A prison term ”would send a powerful deterrent message to the rest of the industry,” Chutkow said.

    #Volkswagen #Dieselgate #Responsabilité

  • Fadwa Barghouthi banned from visiting her husband in Israeli prison until 2019
    Sept. 5, 2017 5:08 P.M. (Updated: Sept. 5, 2017 6:43 P.M.)
    http://www.maannews.com/Content.aspx?ID=778981

    BETHLEHEM (Ma’an) – Fadwa Barghouthi, a Palestinian lawyer and the wife of imprisoned Fatah movement official Marwan Barghouthi, said that Israeli authorities have told her that she is banned from visiting her husband in prison until 2019.

    Fadwa told Ma’an that after having being denied permission to visit Marwan since he led a mass prison hunger strike more than four months ago, the International Committee of the Red Cross (ICRC) facilitated a one-time permit for her to see Marwan last week.

    However, after she left to visit her husband along with other relatives of Palestinian prisoners on Monday and waited outside the prison from between 9 a.m. and 4 p.m., Israeli forces eventually informed her that she would not be allowed to visit him until 2019, and that the permit issued to her had been a mistake.

    Other reports said that the ban prevented her from visiting all Palestinian prisoners held by Israel as well.

    Fadwa said that the decision to deny her the visits was a punishment directed at her, not at her husband, for her actions during the hunger strike that started last April, presumably referring to her own activism and participation in numerous solidarity protests throughout the 40-day strike.

    By Tuesday evening, an IPS spokesperson did not respond to a request for comment sent on Monday regarding the ban placed on Fadwa.

    #Fadwa_Barghouthi

  • Project Life Inside
    https://www.themarshallproject.org/tag/life-inside

    https://d1n0c1ufntxbvh.cloudfront.net/photo/ff12767e/25269/740x/.jpg

    First-person essays from those who work or live in the criminal justice system. Please send pitches for Life Inside to ehager@themarshallproject.org. We’re looking for 1,000 to 1,400-word nonfiction stories about a vivid, surprising, personal experience you had with the system — whether you’re a lawyer, prisoner, judge, victim, police officer, or otherwise work or live inside the system. Poetry, fiction, essays about experiences that are not directly related to criminal justice, and op-eds will not be accepted. Our honor roll recognizing Kickstarter donors who generously supported

    “Prison is a Real-Life Example of the World White Supremacists Want”
    https://www.themarshallproject.org/2017/08/24/prison-is-a-real-life-example-of-the-world-white-supremacists-wa

    https://d1n0c1ufntxbvh.cloudfront.net/photo/37b78580/25191/740x

    The Marshall Project invited some of its incarcerated contributors to reflect on the fallout from the white nationalist rally in Charlottesville. These essays were gathered and edited by Eli Hager for this special edition of Life Inside.

    In prison, I’m surrounded by racists all day long, and I don’t wish to see that kind of thing happening out in the world I long to return to. Everything in here is about race — and I mean everything. Whites have their side of the chow hall, blacks have their side of the chow hall. Whites use the white barber, blacks use the black barber. It’s the 1950s in here — I mean, we share drinking fountains, but not much else. In other words, prison is a real-life example of the world that white supremacists want to return to. The only difference between prison in 2017 and a segregated 1950s is the fact that whites are often the minorities behind bars.

  • Les #réfugiés_érythréens ne sont pas les bienvenus en Suisse, mais l’or d’Erythrée, lui...

    Schweizer Geschäfte mit einem geächteten Regime

    Die Schweiz hat von 2011 bis 2013 für rund 400 Millionen Franken Rohgold aus Eritrea importiert. Schweizer Firmen haben es raffiniert und daraus Goldbarren gegossen.
    Die #Bisha-Goldmine gehört zu 40 Prozent dem repressiven eritreischen Regime.
    Ein ehemaliger Arbeiter der Mine lebt heute als Flüchtling in der Schweiz. Er erzählt von Zwangsarbeit beim Bau der Mine.
    Aus keinem anderen Land kommen so viele Asylsuchende in die Schweiz wie aus Eritrea. Die Mine ist eine der wichtigsten Einnahmequellen des Regimes.
    Asylpolitiker von links bis rechts kritisieren die Millionengeschäfte scharf.

    https://www.srf.ch/news/schweiz/schweizer-geschaefte-mit-einem-geaechteten-regime?ns_source=srf_app?ns_source=sr
    #or #matières_premières #Erythrée #Suisse #mines #travail_forcé #film #vidéo #asile #migrations #réfugiés #Lufthansa #Frankfurt #Nevsun

    Accusation (provenant de la société civile canadienne selon SFR) de travail forcé dans la mine :

    L’exploitant de la mine, Nevsun :
    http://www.nevsun.com
    Ici la description de la mine sur le site de l’entreprise :
    Bisha Mine Location


    http://www.nevsun.com/projects/bisha-main

    On dit bien que :

    The State of Eritrea has a 40% interest in the Bisha Mine through the #Eritrean_National_Mining_Company (#ENAMCO), 30% of which it bought from Nevsun prior to initial construction. As a result, ENAMCO contributed 33% of the initial build capital and, as a partner with Nevsun, has been integral to the success of the Bisha Mine. For more see About Eritrea.

    Et toujours sur le site un chapitre consacré à « about Eritrea », où on parle notamment de l’infrastructure (définie comme « excellente ») qui permet de sortir les matières premières des mines :


    http://www.nevsun.com/projects/bisha-main/eritrea

    L’histoire de l’Erythrée, pour Nevsun, s’arrête en 1993 :

    Eritrea gained independence in 1993, after fighting for its freedom for over 30 years.

    Et bien évidemment, on parle d’économie (un des pays les plus pauvres du monde), mais pas de politique...

    Eritrea is largely an agriculture based economy and one of the poorest nations in the world. The country’s economy predominantly consists of:

    cc @reka

    • Mining Company on Trial for Human Rights Abuses Appears to Lobby at the Human Rights Council (HRC)

      Nevsun Mining Resources Ltd, based in Canada is cur rently facing a lawsuit initiated by more than 80 Eritrean plaintiffs, who contend they were victims of forced labour, human rights abuses and crimes against humanity at the company’s Bisha Mine in Eritrea. #Bisha Mine is owned 60-per-cent by Nevsun and 40-per-cent by Eritrean government.

      Forced Labour and the appalling conditions in Bisha Mine have been documented by Human Rights Watch and the UN Commission of Inquiry into Human Rights in Eritrea. Yet the Todd Romain, the Vice President of Corporate Social Responsibility of this company and his PR are at present in Geneva at the UN Human Rights Council (HRC) session where the current special rapporteur on human rights in Eritrea is due to deliver her final report, and a decision will be made regarding the renewal of the mandate.

      Nevsun also participated in side events organized by the Eritrean Mission at the HRC on 16 June 2016 (http://www.eritrea-chat.com/eritrean-mining-conference-about-human-rights-in-geneva-16-june-2016) and on 8 March 2018 , and visited many Missions in Geneva despite the fact that this court case was already ongoing.

      Human Rights Concern-Eritrea (HRCE) believes most strongly that it is inappropriate for a representative of a commercial corporation whose name has been raised in connection with human rights abuses during HRC debates and oral statements on the human rights in Eritrea, and which is currently the accused to court proceedings regarding human rights abuses, should be party to human rights side events, neither should it’s top representative give the appearance of lobbying country delegations about HRC initiatives that are directly concerned with its court case.

      Eritrea has not implemented any of the UPR recommendations from the first and second cycles. The recommendations from the Commission of Inquiries and the Special Rapporteur have so far been ignored. No improvements in human rights in Eritrea have been identified in the last decade; 10,000 or more prisoners of conscience are still in detention and the violently enforced lifelong military service which prevails unreformed. Forced/slave labour have been used in all the government owned businesses including mining projects.

      HRCE feels it important that country delegations and media are made fully aware of this issue, and advises that no further hearing should be given to any of Nevsun’s representatives pending a final court ruling on the human rights case.

      http://hrc-eritrea.org/mining-company-on-trial-for-human-rights-abuses-appears-to-lobby-at-the

    • Nevsun lawsuit (re Bisha mine, Eritrea)

      In November 2014, three Eritreans filed a lawsuit against Nevsun Resources in Vancouver, British Columbia, Canada. They allege the company was complicit in the use of forced labour by Nevsun’s local sub-contractor, Segen Construction (owned by Eritrea’s ruling party), at the Bisha mine in Eritrea. Nevsun, headquartered in Vancouver, has denied the allegations. This lawsuit is the first in Canada where claims are based directly on violations of international law.

      The plaintiffs, Gize Yebeyo Araya, Kesete Tekle Fshazion and Mihretab Yemane Tekle, claim that they worked at the Bisha mine against their will and were subject to “cruel, inhuman and degrading treatment”. They allege that they were forced to work long hours and lived in constant fear of threats of torture and intimidation. Nevsun has rejected the allegations as “unfounded” and declared that “the Bisha Mine has adhered at all times to international standards of governance, workplace conditions, and health and safety”.

      In October 2016, the Supreme Court of British Colombia rejected Nevsun’s motion to dismiss the lawsuit and ruled that the case should proceed in British Colombia as there were doubts that the plaintiffs would get a fair trial in Eritrea. Nevsun appealed the decision.

      In November 2017, the British Columbia Court of Appeal rejected Nevsun’s appeal to dismiss the suit, thereby allowing the case to proceed in Canadian courts. The court also allowed claims of crimes against humanity, slavery, forced labour, and torture to go forward against Nevsun. This decision marked the first time an appellate court in Canada permitted a mass tort claim for modern slavery.

      On 19 January 2018, Nevsun filed an application with the Canadian Supreme Court asking for permission to appeal the British Columbia ruling. There is no fixed time for the Supreme Court to decide whether to grant or deny such applications.

      – “Nevsun appeals to Canada Supreme Court in Eritreans’ forced labor lawsuit”, Reuters, 26 Jan 2018
      – “Court allows Eritrean mine workers to sue Nevsun”, Nelson Bennett, Business in Vancouver, 6 Oct 2016
      – [Video] “Nevsun in Eritrea: Dealing With a Dictator”, CBC Radio-Canada, 12 Feb 2016
      – [FR] «Une minière canadienne nie des allégations de travail forcé en Érythrée », Radio-Canada, 23 novembre 2014
      – “Nevsun Denies Accusations of Human-Rights Abuses at Eritrea Mine”, Michael Gunn & Firat Kayakiran, Bloomberg, 21 Nov 2014
      – “Nevsun Resources faces lawsuit over ‘forced labour’ in Eritrea”, Jeff Gray, Globe and Mail (Canada), 20 Nov 2014

      Canadian Centre for International Justice (CCIJ):

      – “Vancouver court clears way for slave labour lawsuit against Canadian mining company to go to trial”, 6 Oct 2016
      – “Eritreans file lawsuit against Canadian mining company for slave labour and crimes against humanity”, 20 Nov 2014
      – [FR] « Des Érythréens intentent un recours contre une compagnie minière canadienne pour l’usage de main d’œuvre servile ainsi que pour des crimes contre l’humanité », 20 novembre 2014
      – “Appeal court confirms slave labour lawsuit against Canadian mining company can go to trial”, 21 Nov 2017

      Nevsun:
      – “Nevsun Comments on B.C. Lawsuit”, 6 Oct 2016
      – “Nevsun Comments on B.C. Lawsuit”, 21 Nov 2014

      Camp Fiorante Matthews Mogerman [Counsel for the plaintiffs]
      – “Plaintiffs’ Submissions on Forum Non Conveniens”, 17 Dec 2015
      – “Plaintiffs’ Submissions on the Representative Proceeding”, 17 Dec 2015
      – “Plaintiffs’ Submissions on Customary International Law”, 15 Dec 2015
      – “Plaintiffs’ Submissions on the Act of State Doctrine”, 14 Dec 2015
      – “Notice of Civil Claim”, 20 Nov 2014

      Siskinds [Co-counsel for the plaintiffs]
      – “Siskinds co-counsel in lawsuit against Nevsun Resources”, 20 Nov 2014

      Fasken Martineau DuMoulin LLP [Counsel for the defendant]
      – “Nevsun’s Chambers Brief on Customary International Law”, 1 Dec 2015
      – “Nevsun’s Chambers Brief on Forum Non Conveniens”, 23 Nov 2015
      – “Nevsun’s Chambers Brief on the Act of State Doctrine”, 23 Nov 2015
      – “Nevsun’s Chambers Brief on the Representative Proceeding”, 23 Nov 2015
      – “Nevsun’s Response to Civil Claim”, 13 Feb 2015

      – Araya v. Nevsun Resources. Reasons for Judgment, Justice Abrioux, Supreme Court of British Columbia, 6 Oct 2016
      – Araya, Gize v. Nevsun Resources Ltd.[payment required], Vancouver law courts, 20 Nov 2014.

      – Gize Yebeyo Araya, Kesete Tekle Fshazion and Mihretab Yemane Tekle v Nevsun Resources Ltd and Earth Rights International, Court of Appeal for British Columbia, 21 Nov 2017


      https://www.business-humanrights.org/en/nevsun-lawsuit-re-bisha-mine-eritrea

      Quelques liens cités dans cet article :
      https://www.business-humanrights.org/en/canadian-courts-review-series-of-claims-filed-against-canadian
      https://www.business-humanrights.org/en/nevsun-denies-accusations-of-human-rights-abuses-at-eritrea-mi
      https://www.business-humanrights.org/en/eritrean-refugees-file-claim-in-canada-against-nevsun-over-all
      https://www.business-humanrights.org/en/nevsun-lawsuit-re-bisha-mine-eritrea#c168706
      https://www.business-humanrights.org/en/vancouver-court-clears-way-for-slave-labour-lawsuit-against-ca
      https://www.business-humanrights.org/en/eritrean-refugees-file-claim-in-canada-against-nevsun-over-all
      https://www.business-humanrights.org/fr/des-erythr%C3%A9ens-intentent-un-proc%C3%A8s-contre-nevsun-au-

    • Nevsun in Eritrea: Dealing With a Dictator

      When a small Vancouver mining company struck gold in a remote corner of Africa, it started with so much promise. In remote Eritrea, Nevsun built a mine that was generating $700 million in profits in its first four years of operation. But it was also generating a lot of controversy – because Nevsun was partnered with a brutal dictatorship that runs the country and controls 40% of the mine. That has led to allegations by the UN and Human Rights Watch that the regime has used conscripted military labour in the mine. The Eritrea government has also been accused of funnelling arms to the terrorist group al-Shabaab. Nevsun denies the allegations of human rights abuses and insists it is a “template for responsible international business.” What is the price of doing business with a dictator? Mark Kelley investigates.

      The Eritrea regime has a 40 per cent stake in the mine and is accused of crimes against humanity by the U.N.
      Nevsun Resources Ltd. is facing a lawsuit in B.C.’s Supreme Court
      The allegations filed by three former Eritrean conscripts in B.C.’s Supreme Court accuse Nevsun Resources of being “an accomplice to the use of forced labour, crimes against humanity and other human rights abuses at the Bisha mine”

      http://www.cbc.ca/fifth/episodes/2014-2015/nevsun-in-eritrea-dealing-with-a-dictator

    • Appeal court confirms slave labour lawsuit against Canadian mining company can go to trial

      British Columbia’s highest court today rejected an appeal by Vancouver-based Nevsun Resources Limited (TSX: NSU / NYSE MKT: NSU) that sought to dismiss a lawsuit brought by Eritreans who allege they were forced to work at Nevsun’s Bisha Mine.

      The ruling by the British Columbia Court of Appeal marks the first time that an appellate court in Canada has permitted a mass tort claim for modern slavery.

      The court rejected Nevsun’s position that the case should be dismissed in Canada and instead heard in Eritrea. Madam Justice Mary Newbury described the situation in Eritrea as one with “the prospects of no trial at all, or a trial in an Eritrean court, possibly presided over by a functionary with no real independence from the state … and in a legal system that would appear to be actuated largely by the wishes of the President and his military supporters…”

      The court also allowed claims of crimes against humanity, slavery, forced labour, and torture to go forward against Nevsun. It is the first time that a Canadian appellate court has recognized that a corporation can be taken to trial for alleged violations of international law norms related to human rights.

      The lawsuit, filed in November 2014, alleges that Nevsun engaged Eritrean state-run contractors and the Eritrean military to build the mine’s facilities and that the companies and military deployed forced labour under abhorrent conditions.

      “We are very pleased that the case will move to trial,” said Joe Fiorante, Q.C., of Camp Fiorante Matthews Mogerman LLP, lead counsel for the plaintiffs. “There will now be a reckoning in a Canadian court of law in which Nevsun will have to answer to the allegations that it was complicit in forced labour and grave human rights abuses at the Bisha mine.”

      Since the initial filing by three Eritrean men, which was the matter reviewed by the Court of Appeal, an additional 51 people have come forward to assert claims against Nevsun.

      “I am overjoyed that a Canadian court will hear our claims,” said plaintiff Gize Araya. “Since starting the case, we have always hoped Canada would provide justice for what we suffered at the mine.”

      The court also rejected Nevsun’s argument that the company should be immune from suit because the case might touch on actions of the Eritrean government, including allegations of severe human rights violations. Justice Newbury, looking to a recent UK case on the issue, wrote that “torture (and I would add, forced labour and slavery) is ‘contrary to both peremptory norms of international law and a fundamental value of domestic law.’”

      This latest ruling by the B.C. Court of Appeal follows one earlier this year permitting a case to go forward against Tahoe Resources for injuries suffered by protestors in Guatemala who were shot outside the company’s mine.

      “The Nevsun and Tahoe cases show that Canadian courts can properly exercise jurisdiction over Canadian companies with overseas operations,” said Amanda Ghahremani, Legal Director of the Canadian Centre for International Justice. “When there is a real risk of injustice for claimants in a foreign legal system, their cases should proceed here.”

      The plaintiffs are supported in Canada by a legal team comprised of Vancouver law firm Camp Fiorante Matthews Mogerman LLP (CFM); Ontario law firm Siskinds LLP [Nick Baker]; Toronto lawyer James Yap; and the Canadian Centre for International Justice (CCIJ). This victory would not have been possible without the support of Human Rights Concern Eritrea and the tireless efforts of Elsa Chyrum.

      https://www.ccij.ca/news/press-release-nevsun-case

    • Nevsun Comments on B.C. Lawsuit

      Nevsun Resources Ltd...advises that the British Columbia Supreme Court has refused to permit a claim against Nevsun to proceed as a common law class action. The court did permit the lawsuit by the three named plaintiffs to continue. Today’s court decision addresses only preliminary legal challenges to the action raised by Nevsun. The judgment makes no findings with respect to the plaintiffs’ allegations, including whether any of them were in fact at the Bisha Mine. The judge also emphasized that the case raises novel and complex legal questions, including on international law, which have never before been considered in Canada. Nevsun is studying the court’s decision and considering an appeal of the decision that the action can proceed at all. Nevsun remains confident that its indirect 60%-owned Eritrean subsidiary, Bisha Mining Share Company (“BMSC”) operates the Bisha Mine according to international standards of governance, workplace conditions, health, safety and human rights...BMSC is committed to managing the Bisha Mine in a safe and responsible manner that respects the interests of local communities, workers, stakeholders and the natural environment.

      https://www.business-humanrights.org/en/nevsun-comments-on-bc-lawsuit-0

    • “In November 2014, three Eritreans filed a lawsuit against Nevsun Resources in Vancouver, British Columbia, Canada. They allege the company was complicit in the use of forced labour by Nevsun’s local sub-contractor, Segen Construction (owned by Eritrea’s ruling party)...”
      "... at the Bisha mine in Eritrea. Nevsun, headquartered in Vancouver, has denied the allegations. The plaintiffs ... claim that they worked against their will and were subject to “cruel, inhuman and degrading treatment”.

      https://twitter.com/eduyesolomon/status/1232726864193556480

  • A dangerous 71-year-old
    http://www.haaretz.com/opinion/.premium-1.809634
    The Israeli military authorities are keeping a retired Palestinian history teacher in detention without trial, and we’re not allowed to know why. Next comes the decision whether he’s healthy enough for prison

    By Amira Hass | Aug. 30, 2017 | 1:04 AM

    Badran Jaber , 71, is endangering the security of the region. Thank God we have the Shin Bet security service, which sent soldiers on the night of August 9 to break into his home, hold his seven terrified grandchildren (ages 2 to 10) in a room separate from the adults, and detain him. Jaber, a retired history teacher, is so dangerous that he and we aren’t even allowed to know the suspicions against him.

    An administrative detention order for four months was issued against him on August 13, and the military authorities can extend the injunction repeatedly. And so Jaber was added to the 450 or so Palestinians who are now imprisoned without trial. On August 16 the secret information was whispered into the ear of the military judge, Maj. Rafael Yemini, who approved the detention — without evidence, witnesses, an indictment and a right to respond. Has an Israeli judge, military or civilian, ever been born who doubted the word of the Shin Bet?

    I’ll let you in on a secret: Jaber is opposed to the Israeli occupation. The same is true of his seven children and his wife. When asked his opinion, he doesn’t hide it. There are pictures of him from a few years ago demonstrating with Palestinians and Israelis in Hebron against the destruction of the city by one of the most violent species of settlers.

    “He’s very proud of his relationship with left-wing activists in Israel,” said his daughter Bissan, referring to his ties with Tarabut-Hithabrut, an Arab-Jewish social movement, and the joint conferences in Hebron of the Palestinian left and a genuine, socialist and anti-colonialist Israeli left. When she and her brothers weren’t allowed to travel abroad, she said, they were told that it was because of her father. Israel, the military and democratic power, is intimidated by his words and opinions. Or it’s sending a message: Imprison your thoughts and your words. Keep quiet.

    With chains on his feet, Jaber will once again be brought into the military courtroom in Ofer. He will be holding a bag full of medication. Military occupation isn’t a recipe for one’s health, nor were Jaber’s previous periods of detention. Between 1972 and 2006 he spent almost 12 years in prison: in administrative detention, in detention during an investigation, and after being convicted of political activity for the Popular Front for the Liberation of Palestine.

    Each time he was behind bars for two to three months to a maximum of 27 months. On Thursday it will be decided whether he is fit for detention, as an anonymous prison service doctor has determined, or not, as his lawyer, Mahmoud Hassan of the prisoner support and human rights group Addameer, will try to prove.

    Jaber will be holding a bag full of medication because there’s no way of knowing how long he’ll be kept handcuffed in a kind of waiting cage before being brought into the trailer that serves as the courtroom. During the first extension of his detention, on August 10, which was one of the hottest days of the year, he was kept in that situation from 8:30 A.M. until about 5 P.M. A kind of torture, even for a healthy man, and certainly for someone suffering from diabetes and high blood pressure, has had open heart surgery, is taking medication for prostate cancer and is connected to a catheter.

    Bissan, 26, is a lawyer. On the morning before his detention, the proud father joined her when she was furnishing her new office. Thirteen years ago, after being tortured for an entire day in the cage where he was awaiting trial, he told her, his youngest daughter: I want you to be my lawyer the next time. Sure enough, she was there for the extension of his recent detention, before the administrative order was issued.

    Her presence didn’t prevent the torture. After about six hours in one cage with a water faucet, he was transferred to another cage without one. There she was allowed to see him. She wanted to give him her water bottle, but the alert prison service guards prevented her and other lawyers from doing so. Beyond the letter of the law the guards brought him a bottle that they filled with water.

    During their meeting, Bissan told him that she and her fiancé planned to postpone their wedding, which was scheduled for August 18, until her father’s release. “Absolutely not,” he told her. “I’ll be angry if you postpone it, if you let that interfere with your plans. Our lifelong struggle is only so that we’ll be able to live.”

  • Salah Hamouri arrêté sans « aucun motif » par l’armée israélienne | Laurence Mauriaucourt | Mercredi, 23 Août, 2017
    https://www.humanite.fr/salah-hamouri-arrete-sans-aucun-motif-par-larmee-israelienne-640857

    Le jeune franco-palestinien a été arrêté dans la nuit par l’armée israélienne. Sa compagne et le député Alain Bruneel enjoignent au Président de la République d’intervenir très rapidement.

    L’information a été diffusée ce mercredi 23 août sur Facebook par sa compagne, Elsa : « Salah Hamouri a été arrêté cette nuit à notre domicile de Jérusalem-Est par l’armée d’occupation venue en grand nombre le cueillir dans son sommeil. Comme souvent, les autorités militaires ne donnent aucun motif à cette arrestation et nous n’avons que peu d’informations au sujet de sa détention, il n’a pu contacter personne. Nous demandons à la France d’agir avec conviction pour protéger et obtenir la libération de notre concitoyen qui subit une fois de plus l’arbitraire israélien ». Les internautes, souvent soutiens de longue date du militant, s’emploient à partager cette information inquiétante.

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

    Palestine.Salah Hamouri de nouveau arrêté par l’armée israélienne
    http://www.lecourrierdelatlas.com/palestine-salah-hamouri-de-nouveau-arrete-par-l-armee-israelienn
    #Salah_Hamouri

    • Salah Hamouri maintenu en détention jusqu’à dimanche
      Mercredi, 23 Août, 2017 | Humanite.fr
      http://www.humanite.fr/salah-hamouri-maintenu-en-detention-jusqua-dimanche-640911

      Il a été présenté mercredi après-midi devant un juge qui a décidé de le maintenir en détention pendant cinq jours, c’est à dire jusqu’à dimanche, officiellement le temps de l’enquête. Une enquête qui concernerait son appartenance à une « organisation ennemie », selon certains médias arabes qui citent également l’un des avocats de Salah. Celui-ci évoque une volonté des autorités israéliennes de voir Salah Hamouri quitter définitivement la Palestine.

    • Addameer’s field researcher Salah Hammouri seized by Israeli occupation forces
      23 August 2017
      http://addameer.org/news/addameers-field-researcher-salah-hammouri-seized-israeli-occupation-forces

      Addameer’s field researcher Salah Hammouri was arrested by Israeli occupation forces in a pre-dawn raid on 23 August 2017. Hammouri was arrested from his home in the neighborhood of Kufr Aqab. Later, Hammouri was taken to Al-Moskobyeh (Russian Compound) interrogation center, where his detention has been extended until Sunday, 27 August 2017, for further interrogation.

      ““““““““““““““““““““““““
      Demand the immediate release of human rights defender Salah Hamouri
      Ad Dameer Palestinian Territories
      https://www.change.org/p/emmanuel-macron-demand-the-immediate-release-of-human-rights-defender-salah-

    • Les Français peuvent manifester auprès des autorités qu’Hamouri est notre compatriote :

      Dès l’annonce de son arrestation, des milliers de personnes ont réagi sur les réseaux sociaux. L’Association France-Palestine solidarité (AFPS), a publié le communiqué suivant : « L’arrestation de notre concitoyen - dont le seul crime est de résister à l’occupation et à la colonisation - est inadmissible et insupportable. Notre mobilisation doit être immédiate et massive. Les autorités françaises ne doivent pas laisser passer une telle infamie ». L’AFPS appelle à laisser des messages sur le site du consulat général de France à Jérusalem en suivant ce lien : https://jerusalem.consulfrance.org/Contactez-nous-par-mail et au Ministère français des Affaires étrangères à l’adresse suivante

      http://www.diplomatie.gouv.fr/fr/mentions-legales-infos-pratiques/nous-ecrire, en remplissant le formulaire avec comme objet « Français de l’étranger », ainsi qu’à la présidence de la République : http://www.elysee.fr/ecrire-au-president-de-la-republique

      Pierre Barbancey

      https://www.humanite.fr/arrestation-arbitraire-de-salah-hamouri-jerusalem-est-640858

    • Israeli forces detain Addameer field researcher during overnight raid
      Aug. 24, 2017 11:31 A.M. (Updated: Aug. 24, 2017 5:36 P.M.)
      http://www.maannews.com/Content.aspx?id=778830

      (...) An Israeli police spokesperson told Ma’an that he was “not familiar” with the case.

      According to Addameer, Hammouri was a former prisoner of Israel for seven years, and was released as part of the Wafa al-Ahrar prisoners exchange deal in 2011.

      Addameer added that the East Jerusalem resident was banned from entering the occupied West Bank until Sept. 2016, and that his wife is currently banned by Israeli authorities from entering Palestine or Israel.

      The group said it considers the detention “an attack against Palestinian civil society organizations and human rights defenders.”

      "It also constitutes one arrest in the context of continuous arrest campaigns against Palestinians,” Addameer said, before demanding Hammouri’s release and the release of all Palestinian political prisoners.

      Hassan Safadi, a Palestinian activist and media coordinator for Addameer, has also been held in administrative detention — Israel’s controversial policy of imprisonment without charge or trial — for more than a year.

      Safadi has been held by Israel since May 1, 2016 after being detained at the Allenby Bridge between the occupied West Bank and Jordan, when he was interrogated by the Israeli army for 40 days.

      Israeli authorities later sentenced the 25-year-old Palestinian to six months of administrative detention in June 2016, and has since renewed the administrative detention order twice — once in Dec. and a second time in June this year.

      Israel’s widely condemned policy of administrative detention allows internment without charge or trial in maximum six-month long renewable intervals based on undisclosed evidence that even a detainee’s lawyer is barred from viewing.

      According to prisoners’ rights group Addameer, 6,128 Palestinians were detained by Israel as of July, 450 of whom were held in administrative detention. The group has estimated that some 40 percent of Palestinian men will be detained by Israel at some point in their lives.

  • Why Was an Italian Graduate Student Tortured and Murdered in Egypt? - The New York Times
    https://www.nytimes.com/2017/08/15/magazine/giulio-regeni-italian-graduate-student-tortured-murdered-egypt.html?_r=0

    The target of the Egyptian police, that day in November 2015, was the street vendors selling socks, $2 sunglasses and fake jewelry, who clustered under the arcades of the elegant century-old buildings of Heliopolis, a Cairo suburb. Such raids were routine, but these vendors occupied an especially sensitive location. Just 100 yards away is the ornate palace where Egypt’s president, the military strongman Abdel Fattah el-Sisi, welcomes foreign dignitaries. As the men hurriedly gathered their goods from mats and doorways, preparing to flee, they had an unlikely assistant: an Italian graduate student named Giulio Regeni.

    He arrived in Cairo a few months earlier to conduct research for his doctorate at Cambridge. Raised in a small village near Trieste by a sales manager father and a schoolteacher mother, Regeni, a 28-year-old leftist, was enthralled by the revolutionary spirit of the Arab Spring. In 2011, when demonstrations erupted in Tahrir Square, leading to the ouster of President Hosni Mubarak, he was finishing a degree in Arabic and politics at Leeds University. He was in Cairo in 2013, working as an intern at a United Nations agency, when a second wave of protests led the military to oust Egypt’s newly elected president, the Islamist Mohamed Morsi, and put Sisi in charge. Like many Egyptians who had grown hostile to Morsi’s overreaching government, Regeni approved of this development. ‘‘It’s part of the revolutionary process,’’ he wrote an English friend, Bernard Goyder, in early August. Then, less than two weeks later, Sisi’s security forces killed 800 Morsi supporters in a single day, the worst state-sponsored massacre in Egypt’s history. It was the beginning of a long spiral of repression. Regeni soon left for England, where he started work for Oxford Analytica, a business-research firm.

    From afar, Regeni followed Sisi’s government closely. He wrote reports on North Africa, analyzing political and economic trends, and after a year had saved enough money to start on his doctorate in development studies at Cambridge. He decided to focus on Egypt’s independent unions, whose series of unprecedented strikes, starting in 2006, had primed the public for the revolt against Mubarak; now, with the Arab Spring in tatters, Regeni saw the unions as a fragile hope for Egypt’s battered democracy. After 2011 their numbers exploded, multiplying from four to thousands. There were unions for everything: butchers and theater attendants, well diggers and miners, gas-bill collectors and extras in the trashy TV soap operas that played during the holy month of Ramadan. There was even an Independent Trade Union for Dwarfs. Guided by his supervisor, a noted Egyptian academic at Cambridge who had written critically of Sisi, Regeni chose to study the street vendors — young men from distant villages who scratched out a living on the sidewalks of Cairo. Regeni plunged into their world, hoping to assess their union’s potential to drive political and social change.

    But by 2015 that kind of cultural immersion, long favored by budding Arabists, was no longer easy. A pall of suspicion had fallen over Cairo. The press had been muzzled, lawyers and journalists were regularly harassed and informants filled Cairo’s downtown cafes. The police raided the office where Regeni conducted interviews; wild tales of foreign conspiracies regularly aired on government TV channels.

    Continue reading the main story
    RECENT COMMENTS

    Manon 31 minutes ago
    Thank you for shedding light on the horrible death of my compatriot and the responsibilities of the Egyptian authorities.
    Emanuele Cerizza 31 minutes ago
    Great reporting. Thank you Mr. Declan Walsh for this solid view on Giulio Regeni’s ill fated death. More and more we Italians have to...
    oxerio 32 minutes ago
    If a foreign person come in NY or Palermo or Shanghai or Mexico City and became to investigate about local gang, or local mafia’s...
    SEE ALL COMMENTS WRITE A COMMENT
    Regeni was undeterred. Proficient in five languages, he was insatiably curious and exuded a low-intensity charm that attracted a wide circle of friends. From 12 to 14, he served as youth mayor of his hometown, Fiumicello. He prided himself on his ability to navigate different cultures, and he relished Cairo’s unruly street life: the smoky cafes, the endless hustle, the candy-colored party boats that plied the Nile at night. He registered as a visiting scholar at American University in Cairo and found a room in Dokki, a traffic-choked neighborhood between the Pyramids and the Nile, where he shared an apartment with two young professionals: Juliane Schoki, who taught German, and Mohamed El Sayad, a lawyer at one of Cairo’s oldest law firms. Dokki was an unfashionable address, but it was just two subway stops from downtown Cairo with its maze of cheap hotels, dive bars and crumbling apartment blocks encircling Tahrir Square. Regeni soon befriended writers and artists and practiced his Arabic at Abou Tarek, a four-story neon-lit emporium that is Cairo’s most famous spot for koshary, the traditional Egyptian dish of rice, lentils and pasta.

    Photo

  • Fake News? Newspapers Keep Saying Things that are Not True on Automation | Beat the Press | Blogs | Publications | The Center for Economic and Policy Research
    http://cepr.net/blogs/beat-the-press/fake-news-newspapers-keep-say-things-that-are-not-true-on-automation

    Let me also add point out another aspect to this issue. Even if automation was the factor costing jobs, it would not be technology that was responsible for any increase in inequality. The ownership of technology is determined by government policy on patent and copyrights. The government can (and has) made these forms of protection longer and stronger. It could make them shorter and weaker.

    Without patent and copyright protection, Bill Gates, the richest person in the world, probably would not have much more money than your average successful doctor or lawyer. It is possible to argue that these are good policies and that we have all benefited from making them stronger and longer, but to deny that the resulting upward redistribution was just technology is just flat-out dishonest.

    Incredibly, I have never seen any discussion of this simple and obvious point in any major outlet. I haven’t seen in the NYT, WaPo, WSJ, heard it on NPR or the PBS Newshour. I haven’t even seen it mentioned in ostensibly liberal and progressive magazines like the New Republic and the Nation.

    It is worth noting that the technology view does have the implication that upward redistribution is something that happened, as opposed to upward redistribution being something that was done through deliberate policy. The implication that the rich getting richer is just the natural state of things is convenient for the winners in this story.

    #médias #manipulation #politique

  • U.S. exploration firm offers to resume #MH370 search, families say
    https://www.reuters.com/article/us-malaysia-airlines-mh-idUSKBN1AI1B4

    A U.S. seabed exploration firm has offered to take on the search for Malaysia Airlines Flight MH370, families of passengers and a Malaysian government minister said on Wednesday, in a bid to solve one of the world’s greatest aviation mysteries.
    […]
    Grace Nathan, a Malaysian lawyer whose mother Anne Daisy was on the plane, told Reuters the U.S. company, #Ocean_Infinity, had offered to resume the search for free, and had asked for a reward only in the event that the aircraft was found.

  • Всяко посегателство срещу нотариус е посегателство срещу държавността

    До този момент мотивът за престъпление не е ясен, няма задържани за деянието

    Пребитите жени

    25 JUL 2017

    Нападението над колегата ми Механджийска си обяснявам с една типична агресия, с типично за страната негативно отношение към човешката личност, като едно криминално престъпление. Това коментира Димитър Танев, председател на нотариалната камера пред БНТ.

    Той описа пребитата жестоко вчера нотариуска Валентина Механджийска и дъщеря и по сред бял ден в центъра на София като фина, праволинейна и уважвана от гражданите юрист. Затова не мисли, че нападението й е свързано с професията.

    Досега никога не е имало жалби. Не виждам как със своята работа е нарушила нечии интереси, за да бъде пребита тя нейната дъщеря пред очите й, посочи нотариуса и добив: Възможно е обаче при отказ да извърши нарушение нотариусът да стане обект на (...)

    via https://diasp.eu/posts/5790193

    #femmes #violence #Bulgarie #vigilantisme (?)
    #notaire

    • https://translate.google.com/translate?hl=bg&sl=bg&tl=en&u=http%3A%2F%2Fwww.faktor.bg%2Fbg%2Far

      (provided by suricate news via Diaspora)

      So far, the motive for crime is not clear, not detained for the act

      The beaten women

      25 JUL 2017

      The attack on my colleague Mehandiyska explains with a typical aggression, with a typical negative attitude towards the human person as a criminal offense. This is what Dimitar Tanev, chairman of the notary’s chamber before the Bulgarian National Television, commented.

      He described the brutal yesterday’s notary Valentina Mehandiyska and her daughter, and on a white day in the center of Sofia as a fine, straightforward and respected citizen lawyer. So she does not think her attack is related to the profession.

      So far, there have never been complaints. I do not see how her business violated her interests in order for her daughter to be beaten in front of her eyes, the notary pointed out. But it is possible, however, in case of a refusal to commit a violation, the notary to be subjected to aggression, the lawyer added.

      The notary is not a private person who performs state functions. And every attack - is a disrespect for statehood. These attacks must be qualified because the object is not only the notary but also statehood, Dimitar Tanev commented.

      So far, the motive for crime is not clear. The police are searching for the attackers. So far, no detained.

    • La traduction est tout à fait défaillante. Au moins un contresens évident…

      Нотариусът не е частно лице, което изпълнява държавни функции.

      The notary is not a private person who performs state functions.

      C’est une virgule, pas une relative !

      Le notaire n’est pas une personne privée, elle exerce une fonction publique.

      Comme en France, c’est un officier public.

    • Ca que j’ai compris est, que le deux femmes sont mère et fille, et que la mère est une notaire. Elles étaient attaquées, selon les informations données, par des gens inconus. Le motif pour l’attaque serait pas clarifié (selon la chambre des notaires), mais, comme une notaire est considérée comme personnage officiel, en tout cas, il y s’agirait d’un cas pour la justice, indépendamment, si la notaire elle même allait inculper l’acte de la violence ou non.

      [ Hélas, il y faut vraiment, qu’on lise cette traduction donnée par google avec des lunettes de la linguistique comparative, pour arriver à déchiffrer le contenu. ]

  • Truck-driving is a modern form of indentured slavery / Boing Boing
    http://boingboing.net/2017/06/21/pacific-9-transportation.html

    The current situation stems from a California rule that banned out-of-date, polluting diesel trucks from its ports. Trucking companies bought all-new trucks with better emissions profiles, then forced their workers to sign contracts through which they assumed all debt for this new fleet, with payments to be taken from their paychecks. The workers were made to sign on pain of immediate termination, without access to a lawyer or advisor, and many didn’t speak or read English well enough to understand the contracts.

    Rigged. Forced into debt. Worked past exhaustion. Left with nothing. - USA TODAY
    https://www.usatoday.com/pages/interactives/news/rigged-forced-into-debt-worked-past-exhaustion-left-with-nothing

    A yearlong investigation by the USA TODAY Network found that port trucking companies in southern California have spent the past decade forcing drivers to finance their own trucks by taking on debt they could not afford. Companies then used that debt as leverage to extract forced labor and trap drivers in jobs that left them destitute.

    If a driver quit, the company seized his truck and kept everything he had paid towards owning it.

    If drivers missed payments, or if they got sick or became too exhausted to go on, their companies fired them and kept everything. Then they turned around and leased the trucks to someone else.

    Drivers who manage to hang on to their jobs sometimes end up owing money to their employers – essentially working for free. Reporters identified seven different companies that have told their employees they owe money at week’s end.

    #USA #Ausbeutung #LKW #Arbeit

  • Greece: Protest and fire break out at Lesbos migrant camp

    Police said no injuries were reported from Monday’s protest and that the fire believed to have been set deliberately at the Moria camp is still burning.

    http://www.nydailynews.com/newswires/news/world/greece-protest-fire-break-lesbos-migrant-camp-article-1.3314802?cid=bit

    #Lesbos #Lesvos #protestations #feu #Moria #asile #migrations #réfugiés #camp_de_réfugiés #Grèce #hotspots #résistance

    • Μόρια : « σκούπα » για πρόσφυγες που έχουν δύο « όχι » από την Υπηρεσία Ασύλου
      http://www.efsyn.gr/arthro/moria-skoypa-gia-prosfyges-poy-ehoyn-dyo-ohi-apo-tin-ypiresia-asyloy

      Commentaire reçu via la mailing-list de Migreurop :

      Une #opération_policière d’une grande envergure s’est déroulé hier matin à Moria, le hot-spot de Lesbos. Au moins 200 policiers ont passé au peigne fin le camp avec des contrôles d’identité systématiques afin de repérer les demandeurs d’asile déboutés dont les appels à la Commission de Recours ont été rejetés. L’opération a duré six heures et s’est conclu par l’interpellation d’une cinquantaine de personnes qui ont été amenés au commissariat de Lesbos pour contrôle d’identité. Ceux qui ont vu leur deuxième appel rejeté, seront conduits à un centre spécial pour les personnes en instance d’expulsion- une sorte de prison qui fonctionne au sein du camp de Moria-, pour être ensuite expulsés vers la Turquie.

      #police

    • Reçu via la mailing-list de Migreurop :

      Déchaînements de violences policières contre les réfugiés à Moria (Lesbos, Grèce) (English below)

      Plusieurs plaintes contre la police ont été déposées pour des mauvais traitements, des coups et des blessures sur des hommes déjà immobilisé voire menottés et pour des tortures pratiqués dans les commissariats. Au moins 11 parmi les 35 hommes arrêtés lors de la répression de la révolte à Moria la semaine dernière, ont déjà déposé ou sont sur le point de déposer de plaintes contre des policiers pour coups et blessures pouvant entraîner des lésions corporelles graves. Parmi eux, un Sénégalais âgé de 37 ans qui n’avait pas participé aux incidents avait reçu de coups de pied à la tête par un groupe de 4 policiers jusqu’à perdre connaissance et a dû être hospitalisé dans un état préoccupant.

      14 organisations humanitaires et défense de droit de l’homme ont faire part de leur très vive inquiétude et ont lancé un appel à la justice grecque pour qu’une enquête soit immédiatement ouverte afin de déterminer les responsables de cette violation flagrante des droits les plus élémentaires de migrants et de toute notion d’Etat de Droit.

      Au Parlement,19 députés de Syriza ont déposé une question adressée au Ministre de l’Immigration et à celui de l’Intérieur, en exigeant des explications sur cet « flagrant abus de pouvoir et sur les tortures pratiqués sur des hommes déjà arrêtés et menottés ». Ils veulent savoir qui a donné l’ordre pour ce type d’interventions policières et comment se fait-il que des hommes en civile ont été autorisés à participer à la répression brutale de la révolte.

      Un autre élément extrêmement préoccupant est le fait que les charges qui pèsent sur les 35 hommes arrêtés sont absolument identiques pour tous sans qu’aucune distinction personnalisée soit faite entre les supposés responsables de la révolte.

      Voir la vidéo qui montre des groupes de policiers et des civils qui s’acharnent contre des hommes immobilisés par terre où quiconque qui a le malheur de croiser le chemin de la police est violement brutalisé.

      Ci-dessous le communiqué de presse des 14 organisations (in English)
      http://www.solidaritynow.org/en/joint-press-release-violent-incidents-moria-lesvos

    • Greece: Authorities must investigate allegations of excessive use of force and ill-treatment of asylum-seekers in Lesvos

      Amnesty International calls on the Greek authorities to urgently investigate allegations that police used excessive force against asylum-seekers in the Moria camp near Mytilene during a protest on 18 July 2017 and ill-treated some of those who were arrested and detained in the Mytilene police station following the clashes that ensued. Testimonies the organisation collected from victims and witnesses about excessive use of force in the Moria camp are also supported by audio-visual material that was made public in the media in the days after the protest.

      https://www.amnesty.org/en/documents/eur25/6845/2017/en

    • Report on Rights Violations and Resistance in Lesvos

      In the months since our last update on rights violations and resistance in Lesvos, our advocacy and campaigning resources were almost exclusively focused on the two trials for the Moria 35 and Moria 10 that took place in Chios in late April and early May 2018.

      The situation has predictably worsened in Lesvos. On the 17 April 2018, the Greek Council of State (the highest administrative court in Greece) ruled that geographic restrictions imposed by the Asylum Service for asylum seekers arriving to the Greek islands was illegal. However, within a week, new legislation was proposed, which further limits the rights of asylum seekers and continues the practice of containing asylum seekers to the Greek islands. Moria Camp is now at three times its capacity, holding approximately 7000 individuals. Between 500 and 1000 Kurdish asylum seekers are still living outside Moria in temporary shelter provided by Lesvos Solidarity – Pikpa, and Humans 4 Humanity, as they fear for their safety in Moria. Procedures are now so delayed that even individuals who are recognized as vulnerable, and whose cases should be prioritized under Article 51 of Greek Law 4375, are being scheduled for their interviews nearly a year after their arrival. This means that they are prohibited from leaving the island of Lesvos, and are denied freedom of movement during this entire time.

      In one case we are following, an eleven year old child has a serious, undiagnosed digestive condition that causes her constant pain and seizures. Because they have been unable to diagnose her illness, the hospital in Mytilene has referred her for testing and treatment in Athens. Even the Mytilene police department has recommended that geographic restrictions be temporarily lifted so that she can travel to Athens for further tests and treatment, but the Regional Asylum Office has denied this request without an appointment in the Athens hospital. Her family is now in a constant state of fear that given her critical condition, their daughter will be unable to receive emergency medical care when needed, given the lack of testing and treatment for her on the island. Already once, when she had seizures and attempted to get treatment at the hospital in Lesvos, she was not admitted because they do not have means to treat her.

      The Green Party published a report on 6 June 2018 exposing the inhumane conditions that systematically violate refugee rights in the Greek hotspots. On the 1 June 2018 the European Committee for the Prevention of Torture (CPT) also published preliminary observations of its visit to detention facilities in Greece from 10 to 19 April 2018, with damning findings.
      Treatment of Moria35 defendants highlights lack of procedural safeguards for detained asylum seekers in Lesvos

      In the last month and a half since the conclusion of the Moria 35 trial, we have been closely following the administrative process related to the detention and processing of the asylum claims of these individuals. It has become a near full time job of our Greek attorney based in Mytilene to ensure that Greek authorities comply by their own laws and respect the rights of these asylum seekers. Despite the fact that the UNHCR, the Ombudsman’s Office, and the Legal Centre have been closely monitoring their cases, there have been rampant violation of their rights at every step of their procedures. Unfortunately despite this close monitoring, two individuals were deported to Turkey on the morning of 13 June 2018. The violations we have observed in the individual cases of these 35 men highlight the lack of procedural safeguards to protect the rights of asylum seekers, particularly those who are being detained.

      Below we outline some of the observed violations of Moria 35 defendants’ rights as asylum seekers:

      Two individuals whose cases were rejected were denied the representation of a lawyer on appeal. The appeal of a rejected asylum claim is the one stage in the asylum procedure where asylum seekers have the right to a lawyer, under Article 44(3) of Law 4375. Although both requested the representation of a lawyer, the examination of their case on appeal occurred without them having been assigned an attorney.

      Another individual signed for voluntary departure, but then changed his mind and decided to continue his claim for international protection. He requested that his case be reopened. While that request was being processed, he was placed by police on the list to be deported on the 1 June 2018. It was only after advocacy from the Legal Centre that he was removed from the deportation list. He remains in detention, despite the lack of legal grounds to hold him there.

      Another individual was held for over a month in detention, after transfer to Lesvos following the trial in Chios. There was no recommendation for his continued detention either from the Regional Asylum Office, as required by Article 46(3) of Law 4375. After daily follow up from the Legal Centre, eventually the police admitted that they were holding him by mistake and he was released.

      Two additional individuals had their asylum cases rejected, but were unable to appeal because they were detained. With advocacy from UNHCR and Legal Centre lawyers, one of the individuals was able to lodge his appeal. However, he remains in detention, and it is not clear if the Appeals Committee will review his case on the merits or deny the appeal as untimely filed.

      The second individual was deported on the morning of 13 June 2018. This was despite the fact that for days he had been expressing to the police his desire to appeal the rejection of his asylum claim. Lawyers from HIAS and the Legal Centre also spoke with the Mytilene police department the day before he was deported and informed the police that they would be filing an appeal on his behalf. On the morning of 13 June 2018, he was deported to Turkey. This individual, a Guinean national, claims that he was a victim of torture, and will be subject to persecution if returned to his country. Regardless of whether his claim is credible, he has the right to appeal the rejection of his claim. Even though untimely, it is not the police who have the authority to accept or reject his appeal, but the Asylum Service. His right to appeal was clearly denied, and his deportation was illegal as police were aware that he would be appealing the denial of his claim and they proceeded with the deportation in any case.

      A second Moria 35 defendant was also deported on the 13 June 2018. His case had been rejected in the second instance. In 2017 this Ghanean national had been rejected and scheduled for deportation, but he lodged a subsequent application. It was the denial of this subsequent application that led to his deportation. While the Regional Asylum Service again scheduled for him to file a subsequent application on 14 June 2018, on 11 June 2018, we were informed that they would not accept a second subsequent application, since he had already submitted a subsequent application in 2017. However, he still had the option of appealing the denial of his claim in administrative court. Less than two days after being informed that he could not file a subsequent application, he was deported to Turkey. This individual has recently received original documents from Ghana that were not previously submitted to the Asylum Office. These documents corroborate his claim that he will be imprisoned 10-15 years if returned to Ghana. Prison conditions in Ghana according to human rights reports are “generally harsh and sometimes life threatening due to physical abuse, food shortages, overcrowding, and inadequate sanitary conditions and medical care” meaning he should be eligible for subsidiary protection, if not refugee status. Both individuals that were deported on the 13 June 2018 are also eligible for humanitarian protection as important witnesses to a serious crime that is still being investigated in Greece (the brutal police attack against the 35 arrestees on 18 July 2017). The swift move of the police to deport these individuals show that while procedures to grant protection and ensure that refugee rights are respected are constantly delayed, the State is able to mobilize and act swiftly to deny these same rights.

      The trampling of the rights of these individuals by the police has followed their brutally violent arrest, their unjust prosecution, and lengthy imprisonment in the case of the Moria 35. It is not clear if the police have targeted these individuals precisely because they were part of the Moria35 case, or if the violation of detained asylum seekers rights is systematic. What is clear is that there is a lack of sufficient transparency, oversight, and monitoring of detention and deportation practices.
      Legal Centre Successes

      Despite this hostile environment, we continue providing legal aid and individual consultation to all foreign nationals who seek our counsel. We conduct approximately 10 individual consultations daily, and through the assistance of our volunteer lawyers and interpreters, hundreds of individuals have been granted international protection in Greece, or have successfully had geographic restrictions lifted so they can legally travel to mainland Europe.

      We also continue to have success in assisting individuals in reuniting with family members in second European States under the Dublin III Regulation. In one case, a single young man from Haiti who is seriously ill was approved to be reunited with his family in France. While in Haiti, he had attempted to apply for a visa to join his parents and younger siblings in France, but was denied because he was over 18. France finally admitted, through our advocacy, that he was dependent on the care of his family, and that he should be able to join them in France. The fact that this individual was forced to take a lengthy, expensive, and dangerous journey to Europe through Turkey and the use of smugglers, only to be later admitted as an asylum seeker in France, shows that European immigration policies are broken.

      We will continue our work to assist and help navigate individuals through this broken system, and to monitor and expose the violations of these individuals’ rights when they occur.

      http://www.legalcentrelesbos.org/2018/06/14/report-on-rights-violations-and-resistance

    • Grèce : accusés d’avoir manifesté dans la violence, plus de 100 demandeurs d’asile ont finalement été acquittés

      Un tribunal de l’île de Lesbos en mer Égée a acquitté jeudi soir une centaine de demandeurs d’asile accusés d’avoir protesté contre leurs conditions de vie.

      Ils étaient plus d’une centaine sur le banc des accusés : un groupe de demandeurs d’asile, en majorité Afghans, a été acquitté jeudi 9 mai par un tribunal de l’île de Lesbos, en Grèce. Ils avaient été accusés d’avoir occupé en avril 2018 une place publique du centre de #Mytilène, le chef-lieu de l’île, pour protester contre leurs conditions de vie dans le camp surpeuplé et insalubre de Moria. Ils avaient également été accusés d’avoir fait usage de la force physique et de résistance.

      Des chefs d’accusation “dénués de tout fondement”, a commenté dans la presse locale l’une des avocates de la défense, Me Elli Kriona-Sarantou, en se félicitant du jugement du tribunal. "Nous n’avons rien fait. Nous avons été attaqués par des extrémistes. Nous sommes innocents", a, pour sa part, déclaré à l’AFP Hadisse Hosseini, l’une des personnes acquittées.

      Cet Afghan faisait partie des quelque 200 migrants rassemblés sur la place Sappho le 22 avril 2018 pour dénoncer leurs conditions de vie après la mort d’un autre Afghan souffrant de manque de soins de santé. Leur rassemblement avait été pris à partie par environ 150 militants d’extrême droite, qui leur avaient jeté des pierres et des fusées éclairantes. Des affrontements avaient suivi, entraînant l’intervention de la police.

      "Une situation qui nourrit l’impunité"

      Me Elli Kriona-Sarantou s’est dit préoccupée du fait que les militants d’extrême droite n’aient pas encore été jugés, "une situation qui nourrit l’impunité sur l’île". Seuls 26 agresseurs ont été identifiés par la police et doivent comparaître à une date qui n’a pas encore été fixée.

      Du même avis, Vassilis Kerasiotis, le directeur de la branche grecque de l’ONG HIAS, estime que cette décision de justice “n’appelle à aucune célébration”. L’organisme a défendu plus d’une trentaine des migrants accusés. “Le simple fait que 110 participants à une manifestation pacifique aient été jugés par un tribunal, après avoir subi une attaque raciste et un recours disproportionné à la violence par la police, est extrêmement préoccupant”, a-t-il commenté sur la page Facebook de HIAS.

      La Grèce accueille actuellement plus de 70 000 réfugiés dont près de 15 000 sur les îles de la mer Égée. Avec près de 9 000 arrivées depuis le début de l’année 2019, le nombre des réfugiés a de nouveau augmenté, après avoir chuté en 2017 et 2018.

      La situation est explosive en particulier sur les îles de Lesbos et de Samos où les camps sont surpeuplés. À Lesbos, le nombre des migrants et des demandeurs d’asile s’élève à environ 7 000 personnes alors qu’il n’y a que 4 200 places disponibles pour eux dans les camps et les logements de l’île.

      Dans le camp de Samos la situation est pire : 3 175 personnes y vivent actuellement contre une capacité de 648 personnes, selon les chiffres publiés jeudi par le ministère de la Protection du citoyen.

      https://www.infomigrants.net/fr/post/16820/grece-accuses-d-avoir-manifeste-dans-la-violence-plus-de-100-demandeur

  • New York | Quartier en guerre
    http://laboratoireurbanismeinsurrectionnel.blogspot.de/2017/07/new-york-quartier-en-guerre.html#more

    http://www.sethtobocman.com/index.html

    ""Couvre-feu, violences policières, expulsions... Les politiques sécuritaires et la spéculation immobilière s’attaquent au quartier populaire du Lower East Side à Manhattan, au coeur des années Reagan. Ses habitants résistent : squats, manifestations sauvages, émeutes...
    Ce roman graphique raconte une décennie de luttes par une succession de portraits où se croisent les vies tumultueuses d’immigrés, de sans-abri, de punks... des pauvres pour qui la solidarité et l’auto-organisation deviennent des armes.
    Au plus fort de son art du reportage, Seth Tobocman signe un livre d’une rare finesse, écrit sur plus de dix ans, alors qu’il squattait lui-même à deux pas du centre mondial de la finance."

    All of this activity led to an attempt by the city to crush the movement. But people fought back. From 1988 to 1992 there were a series of riots in the neighborhood. The Lower East Side became the focus of an international struggle for human rights.
    I decided to get more involved and so I became a member of Umbrella House, a squat on Avenue C. I worked on renovating the building and ran a printing press on the first floor with the help of Sarah Hogarth. I was involved in defending the building against an eviction attempt, which got pretty hairy.
    I also worked on defending the other squats and participated in lots of other protests. I was arrested about twenty times and convicted twice. Eventually my lawyer, Stanley Cohen, advised me to cool it. He said that the D.A. had justa bout had it with me and that if I continued the consequences would get serious."

  • Belgium: extended time-limit for Dublin transfer requires individual examination

    The Belgian Council for Alien Law Litigation (CALL) ruled on case 182 277 that an extension for the time-limit to carry out a Dublin transfer in the case of asylum seekers who presumably absconded requires an individual examination. In the case in question, a Nigerian woman was to be transferred from Belgium to France as she had obtained a visa from the French consular services. The Belgian authorities considered that the applicant had absconded since she had left the reception facilities and, for that reason, extended the time limit to carry out the transfer from six months to eighteen months in accordance with Article 29(2) of the Dublin III Regulation.

    However, CALL understood that the Immigration Office had not taken an individual assessment of whether the applicant had absconded and took the extension decision solely based on the fact that she had left the reception centre. Since the applicant had informed her lawyer and social workers about her new address, CALL ruled that the Immigration Office had failed to individually assess if the applicant had indeed absconded. Therefore, the extension was not lawful and the time limit of six months had expired, making Belgium the Member State responsible for the asylum claim.

    http://mailchi.mp/ecre/elena-weekly-legal-update-30-june-2017#8
    #Belgique #Dublin #disparitions #asile #migrations #réfugiés #transfert #renvoi #expulsion #France

  • The opioid crisis is straining the nation’s foster-care systems - The Washington Post @fil
    https://www.washingtonpost.com/national/the-opioid-crisis-is-straining-the-nations-foster-care-systems/2017/06/30/97759fb2-52a1-11e7-91eb-9611861a988f_story.html

    GREENBUSH, MAINE — Deb McLaughlin’s 3-year-old grandson climbed all over her, pleading to play trucks, restless as always. Her 1-year-old foster daughter, who had just woken from a midday nap, sat in her lap, wearing a frilly dress and an irresistible smile. At least McLaughlin doesn’t have to worry about the daily shots of methadone anymore, at least these babies no longer scream and shake for the opioids to which they were born addicted.

    This isn’t what McLaughlin envisioned for her empty nest years in rural Maine, trading camping and four-wheeling trips for social-worker check-ins, meetings with behavioral therapists and supervised visits with the drug-addicted biological parents who had to give up these children. McLaughlin’s daughter, who once dreamed of being a lawyer, is one of the millions of Americans addicted to opioids and one of thousands of parents whom state governments have deemed unfit to care for their own children.

    “It’s heartbreaking to watch a baby go through withdrawal, and then give that baby back to Mom,” McLaughin said as she prepared snacks in her blue mobile home outside Old Town, along the Penobscot River. “Because she did that to her.”

    Drug crisis is pushing up death rates for almost all groups of Americans
    https://www.washingtonpost.com/national/health-science/the-drug-crisis-is-now-pushing-up-death-rates-for-almost-all-groups-of-americans/2017/06/09/971d8424-4aa1-11e7-a186-60c031eab644_story.html

    In just one year, nearly 1.3 million Americans needed hospital care for opioid-related issues
    https://www.washingtonpost.com/news/to-your-health/wp/2017/06/20/in-just-one-year-nearly-1-3-million-americans-needed-hospital-care-f

    Children of Addicted Women
    https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4451952

    “Abstract

    The purpose of this article was to review follow up studies of children with prenatal drug exposure from preschool through adolescence. Specifically, the authors focus on the effects of prenatal exposure to cocaine, methamphetamine, and opiates on behavior and development. The largest number of studies have examined cocaine-exposed children. The authors identified 42 studies that suggest that there are unique effects of prenatal cocaine exposure on 4- to 13-year-old children, particularly in the areas of behavior problems, attention, language, and cognition. In addition, studies make reasonable attempts to control for possible confounding factors. Systematic research on the long-term effects of prenatal methamphetamine exposure is just beginning but seems to be showing similar effects to that of cocaine. The literature on the on the long-term effects of children with prenatal opiate exposure is more substantial than the methamphetamine literature but it is still relatively sparse and surprising in that there is little recent work. Thus, there are no studies on the current concerns with opiates used for prescription mediation. There is a growing literature using neuroimaging techniques to study the effects of prenatal drug exposure that holds promise for understanding brain/behavior relationships. In addition to pharmacological and teratogenic effects, drugs can also be viewed from a prenatal stressor model. The author discuss this “fetal origins” approach that involves fetal programming and the neuroendocrine system and the potential implications for adolescent brain and behavioral development.”

    Dollars for Doctors - ProPublica
    https://www.propublica.org/series/dollars-for-docs

    The Prescribers - ProPublica
    https://www.propublica.org/series/prescribers

  • “The crucial question concerning capital punishment is not whether people deserve to die for the crimes they commit, but rather whether we deserve to kill.”

    A Presumption of Guilt
    http://www.nybooks.com/articles/2017/07/13/presumption-of-guilt

    “Late one night several years ago, I got out of my car on a dark midtown Atlanta street when a man standing fifteen feet away pointed a gun at me and threatened to “blow my head off.” I’d been parked outside my new apartment in a racially mixed but mostly white neighborhood that I didn’t consider a high-crime area. As the man repeated the threat, I suppressed my first instinct to run and fearfully raised my hands in helpless submission. I begged the man not to shoot me, repeating over and over again, “It’s all right, it’s okay.”

    The man was a uniformed police officer. As a criminal defense attorney, I knew that my survival required careful, strategic thinking. I had to stay calm. I’d just returned home from my law office in a car filled with legal papers, but I knew the officer holding the gun had not stopped me because he thought I was a young professional. Since I was a young, bearded black man dressed casually in jeans, most people would not assume I was a lawyer with a Harvard Law School degree. To the officer threatening to shoot me I looked like someone dangerous and guilty.

    I had been sitting in my beat-up Honda Civic for over a quarter of an hour listening to music that could not be heard outside the vehicle. There was a Sly and the Family Stone retrospective playing on a local radio station that had so engaged me I couldn’t turn the radio off. It had been a long day at work. A neighbor must have been alarmed by the sight of a black man sitting in his car and called the police. My getting out of my car to explain to the police officer that this was my home and nothing criminal was taking place prompted him to pull his weapon.

    Having drawn his weapon, the officer and his partner justified their threat of lethal force by dramatizing their fears and suspicions about me. They threw me on the back of my car, searched it illegally, and kept me on the street for fifteen humiliating minutes while neighbors gathered to view the dangerous criminal in their midst. When no crime was discovered and nothing incriminating turned up in a computerized background check on me, I was told by the two officers to consider myself lucky. While this was said as a taunt, they were right: I was lucky.”

  • Ape Law - Forensic Architecture
    http://www.forensic-architecture.org/exhibition/ape-law

    Ape Law
    3rd Istanbul Design Biennial, Istanbul
    22 October – 20 November 2016

    Ape Law examines human-induced environmental violence on other species. Utilising the example of Sandra, the first ape in the world to be granted human rights by an Argentine criminal appeals court in 2015, the exhibit asks whether tropical forest fires can be legally recognised as acts of mass murder against the orangutans inhabiting them. A new kind of forensic archaeology tracks their fate by monitoring signs of their temporary architecture in the treetops.

    he Sandra Trial involved, on all sides, expert witnesses on animal and primate cognition from Argentina and elsewhere. Three positions arose: (1) The city (which owns the Zoo) considered Sandra as an object and regarded her as its property; (2) The petitioners adopted an abolitionist perspective and asked for her to be considered a subject of law, demanding her immediate release; and (3) The compromise position saw it as a matter of welfare, seeking not rights but the improvement her conditions of life and her relocation into an ape sanctuary. The threshold between humans and animals was determined not only scientifically and juridically but rather politically and culturally.

    Original footage of the court hearing held in Buenos Aires on 26 March 2015, provided by the Office of the Judge Elena Liberatori. The video includes interviews, conducted by m7red, with the Judge in charge of the Sandra trial, Dra. Elena Liberatori, the expert witness, biologist Dr. Hector Ferrari, and Sandra’s lawyer Dr. Andres Gil Dominguez.

    The Dehumanisation of Nature

    In 1777 Dutch anatomist Petrus Camper dissected an orangutan corpse to try to resolve the age old mystery: was the orangutan a kind of human, or was it an animal? The crucial question was the voice, which in the 18th century, was thought to be the dwelling place of language. After dissecting the ape’s throat Camper proclaimed that the orangutan’s larynx— the organ housing the vocal cords essential for sound production and phonation—foreclosed the possibility of anything resembling humanlike vocal speech and that the orangutan could not ever become human. The threshold between man and animal, previously a blurry frontier-land, had become rigid and static.

  • ’Asylum seeker’ slapped by ’immigration officer’ on Heathrow flight

    An “asylum seeker” has been filmed shouting and crying for help after being slapped by what appeared to be an immigration officer on a #Heathrow flight.

    http://www.standard.co.uk/news/london/shocking-moment-asylum-seeker-slapped-by-immigration-officer-on-heathrow

    C’est la fin de l’humanité...

    #Violent_borders #renvois #expulsions #vidéo #déportation #Tukish_airlines #UK #Angleterre #Afghanistan #réfugiés_afghans

  • Tesla fires female engineer who alleged sexual harassment
    https://www.theguardian.com/technology/2017/jun/01/tesla-fires-aj-vandermeyden-lawsuit-sexual-harrassment

    Lawyer for AJ Vandermeyden says termination was retaliatory after she took lawsuit public, accusing the company of discrimination A female engineer at Tesla who accused the car manufacturer of ignoring her complaints of sexual harassment and paying her less than her male counterparts has been fired in what her lawyer alleges was an act of retaliation. AJ Vandermeyden, who went public with her discrimination lawsuit against Elon Musk’s car company in an interview with the Guardian in (...)

    #Tesla #travail #harcèlement

  • What a New York Lawyer Learned on Frontline of Turkey’s Refugee Crisis

    There are over 3 million asylum seekers in Turkey. New York lawyer Amel Ahmed moved to the country to volunteer her legal and Arabic skills to help those whose claims are denied. Here, she explains her day-to-day work – and why it’s not for the faint-hearted.

    https://www.newsdeeply.com/refugees/articles/2017/05/26/what-a-new-york-lawyer-learned-on-frontline-of-turkeys-refugee-crisis
    #Turquie #asile #migrations #réfugiés

  • Cage director charged under Terrorism Act after failing to hand over passwords | UK news | The Guardian
    https://www.theguardian.com/uk-news/2017/may/17/cage-campaign-group-director-muhammed-rabbani-charged-under-terrorism-a

    The international director of Cage, Muhammad Rabbani, has been charged under the Terrorism Act after refusing to hand over passwords to his laptop at Heathrow airport.

    Rabbani, who regards it as a privacy v surveillance test case, said he intended to fight the charge. “I am innocent of these charges that have serious implications for journalists, lawyers and human rights,” he said.

    He is due to appear at Westminster magistrates court on 20 June.

    Rabbani, 35, from London, is involved through Cage in investigating torture cases. He said he was stopped at Heathrow in November returning from one of the Gulf states where he had been investigating a torture case allegedly involving the US.

    He said he handed over his laptop and mobile phone but refused to provide his passwords. Although not a lawyer, he said the laptop contained information about the case and the client refused permission to release it. Rabbani was then arrested.

    A spokesman for Cage said Rabbani was charged with wilfully obstructing or seeking to frustrate a search examination under schedule 7 of the Terrorism Act, which gives border officials sweeping search powers.

  • Antonio Cubillo: Activist who fought for the independence of the Canary Islands | The Independent
    http://www.independent.co.uk/news/obituaries/antonio-cubillo-activist-who-fought-for-the-independence-of-the-canar


    Je découvre un des derniers terroristes romantiques.

    Antonio Cubillo was the founder and leader of the movement for the independence from Spain of the Canary Islands, the Atlantic Ocean archipelago much loved by tourists, 70 miles from Africa but 10 times as far from mainland Spain. A lawyer, he died of an aneurysm but had spent 34 years on crutches or in a wheelchair after being stabbed in the spine in 1978, during exile in Algiers, by two hitmen sent by the Spanish secret services.

    https://fr.wikipedia.org/wiki/Antonio_Cubillo

    Antonio Cubillo travaillait sur la publication d’un projet de constitution de la République Fédérale des Canaries dans le journal Tenerife Canaria. Entre autres choses, il a appelé à l’officialisation de la langue Tamazight comme le castillan, rappelons que Cubillo était un ami intime de Mouloud Mammeri.

  • Yemenite babies who disappeared in 1950s Israel were sold to U.S. Jews, new film claims - Israel News - Haaretz.com
    http://www.haaretz.com/israel-news/.premium-1.787519

    U.S. Jews believed children were orphans, that money would help new Jewish state, researcher says in ’Lost Children,’ which claims WIZO played role in sending infants to U.S.
    Judy Maltz May 05, 2017 10:50 PM

    In 1994, a few dozen armed Yemenite Jews barricaded themselves in a home in the central Israel city of Yehud. They would not leave, they warned, until an official investigation was launched into allegations that Yemenite children had been systematically abducted and handed over to Ashkenazi families – sometimes in exchange for money – in the early years of the state. Their leader was a radical rabbi named Uzi Meshulam, who threatened bloodshed. The standoff lasted seven weeks, and Meshulam ended up serving nearly six years in prison.

    But by drawing public attention to their cause, he and his followers were able to force the government’s hand. A year after the standoff, a commission of inquiry was established to determine the fate of hundreds of Yemenite babies and toddlers who had gone missing in the 1950s, not long after they and their families arrived in the recently established state. Did they die of illness, as two previous investigations had found, or had they been abducted and handed over to childless couples in Israel and the United States in exchange for money, as Meshulam and his followers insisted?

    A new documentary recently aired on Israel’s Channel 2 TV suggests Meshulam may not have been as crazy as many in Israel believed. Relying on fresh testimonies, rare footage of the commission hearings and recently declassified documents, “Lost Children” presents considerable evidence to support his claims.

    “I was also one of those people who thought these were wacko claims and that Uzi Meshulam and his followers were all wackos,” says Prof. Meira Weiss, an Israeli anthropologist interviewed in the hour-long documentary.

    Years later, intrigued by new evidence that had emerged to support the abduction theory, Weiss proceeded on her own quest to discover the truth. On a trip to New Jersey, where she had heard that several of the missing Yemenite children ended up, she says her suspicions were confirmed.

    “What I was told is that these families had heard through the Jewish community that they could adopt orphans in Israel in exchange for money that would be used to help the new Jewish state get on its feet and purchase weapons,” she says in the film. “So they came and took these children they believed were orphans. As they saw it, they were doing a mitzvah and were very proud of that. When they heard later on that there might be parents who were still alive and that the money they gave didn’t all go to buy weapons, they were genuinely shocked.”

    Weiss says her investigation led her to believe that the stories she had heard about children being handed over for adoption without their parents’ consent were not isolated cases. “It was a phenomenon,” she says.

    Last December, the Israel State Archives released more than 200,000 previously classified documents pertaining to this decades-long affair that has come to symbolize the grievances of Mizrahim (Jews of Middle Eastern or North African origin) against the establishment. They include testimonies of parents who searched in vain for their missing children and their graves for decades; of hospital nurses who witnessed children being given away without permission; and of children sent off for adoption who later tried to reconnect with their biological parents. However, the documents provided no outright proof of an organized and institutionalized abduction campaign.

    The newly declassified papers also include minutes from the hearings of the commission of inquiry established in 1995. Like the two previous commissions that investigated the affair (the most recent being by Justice Moshe Shalgi in 1988), this one also found that most of the Yemenite children who disappeared had died of illness. While the fate of several dozen children is still unknown, the most recent commission of inquiry determined that none of the children had been kidnapped.

    The new documentary challenges these findings. A key testimony is provided by Ami Hovav, who worked as an investigator on two of the three commissions of inquiry. In an interview with Rina Matzliach, the Channel 2 correspondent who made the film, Hovav addresses the role of machers, or middlemen, in the disappearance of several children. As part of his duties on the commissions, Hovav had been asked to investigate reports, published as early as 1967, that Yemenite children had been abducted and sold to wealthy Jews abroad for $5,000 a head.

    Interviewed in the film, Hovav relays that many of the Yemenite babies and toddlers were put in child-care centers run by the Women’s International Zionist Organization (WIZO), one of the largest Jewish women’s organizations in the world.

    “There was a rule at the time that if the parents didn’t show up within three months to reclaim their children, the kids would be sent off for adoption,” he states. “So there were these machers who would come and get $5,000 for each child that was adopted.”

    But it would be wrong, he says, to describe such transactions as sales: “This was a commission they took, just like real estate agents. This was their job.”

    The film provides never-before-seen footage, shot by Meshulam’s followers, of the 1995 commission of inquiry hearings. At one point, Sonia Milstein, the head nurse at the Kibbutz Ein Shemer absorption center, recounts how Yemenite children were systematically separated from their parents and put in childcare centers. When asked to explain why no records of their whereabouts were ever kept, she responds: “That was the reality then. It was what it was.”

    In more rare footage, a former doctor at a WIZO center in Safed tells her interrogators at the commission hearings she has no recollection of what happened to the Yemenite children housed at her facility. Commenting in the documentary, Drora Nachmani – the lawyer who interrogated the doctor and other witnesses – notes that this sudden loss of memory among WIZO staff members was not uncommon.

    “Some of the WIZO witnesses didn’t want to come to the hearings, and we would have to chase after them,” she tells Matzliach. “Often, they would insist we come to them rather than they come to us, as if they were afraid of something. And sometimes they said one thing to one investigator and something else to another.”

    According to Nachmani, the WIZO day-care centers “were often the last stop or the second-last stop in the whole chronology of events” surrounding the disappearance of the Yemenite children.

    “They were a central junction in this whole story,” she states.

    The documents recently declassified by the Israel State Archives were meant to stay under wraps for another 15 years. But in response to public pressure, the government decided to release them sooner.

    Mizrahi activists had been urging the government to open the state archives for several years, arguing that the various commissions of inquiry whitewashed the affair. A driving force behind the campaign has been an organization called Amram.

    Interviewed in the film, founding member Shlomi Hatuka notes that out of more than 5,800 Yemenite babies and toddlers known to have been alive during the first years of the state, 700 disappeared. “That is one out of eight children,” he tells Matzliach. “And if you take into account those parents who didn’t report their missing children, it’s probably closer to one out of seven, or one out of six.”

    The irony, he notes, is that families were told their children were being moved from absorption centers to child-care centers for reasons of health and sanitation, but many became ill there, ending up in hospitals from which they never returned.

    To illustrate the atmosphere of mayhem in those early days of the state, Hovav recounts a story he heard from Milstein, the head nurse, about what would happen when sick babies were taken to the hospital. “An ambulance driver would pick them up and the babies would be put in cardboard boxes that had been used to transport fruit, bananas or apples,” he relays. “And there would be five or six of these boxes in the back.”

    Each carton, according to his account, had a little note attached to it bearing the child’s name, address and destination. “When it would get very hot,” he recounts, “the ambulance driver would open the window and a huge blast of wind would come in. What would happen then is that all those little notes would start flying in the air. They would stop the ambulance on the side of the road, but they had no idea after that which note belonged where.”

    Asked to comment on the allegations raised against WIZO in the film, a spokeswoman issued the following statement: “The process by which children were admitted or left our facilities was handled exclusively by the certified state authorities, while WIZO’s role was restricted to caring for their health and welfare. The allegation that the organization played a central role in transferring the children to adoptive families is erroneous and is merely someone’s personal interpretation of events. The same is true about allegations raised by some of the interviewees in Rina Matzliach’s film.”

    WIZO’s spokeswoman said her organization knew of no pressure put to bear on former staffers to refrain from cooperating with the commission of inquiry. “The reverse is true. WIZO handed over all the information it had, and the commission of inquiry not only found nothing wrong with the way it behaved, but recently the government even decided to publish this information on the internet.

    “As a social organization,” she added, “WIZO supports all efforts to shed light on this affair, which has caused such great pain to many in Israeli society.”