position:lawyer

  • Shadowy Black Axe group leaves trail of tattered lives - The Globe and Mail
    https://www.theglobeandmail.com/news/national/shadowy-black-axe-group-leaves-trail-of-tattered-lives/article27244946

    Canadian police say they are fighting a new kind of criminal organization.

    The signs began to appear two years ago: photos on Facebook of men wearing odd, matching outfits.

    Then there were stories, even old police files, attached to the people in the photos: a kidnapping, a man run over by a car, brutal beatings over what seemed to be a small slight.

    Mapping a secret criminal hierarchy for the first time is a rare kind of detective work. So when two Toronto police officers and an RCMP analyst in British Columbia started documenting the existence of something called the “Black Axe, Canada Zone,” they could not have predicted it would take them to funerals, suburban barbecue joints and deep into African history before they understood what they were seeing.

    The Black Axe is feared in Nigeria, where it originated. It is a “death cult,” one expert said. Once an idealistic university fraternity, the group has been linked to decades of murders and rapes, and its members are said to swear a blood oath.

    Most often, the group is likened to the Mob or to biker gangs, especially as it spreads outside Nigeria.

    An investigation by The Globe and Mail that included interviews with about 20 people found that “Axemen,” as they call themselves, are setting up chapters around the world, including in Canada.

    Like any criminal organization, it focuses on profit, police say. But instead of drug or sex trafficking, it specializes in a crime many consider minor and non-violent: scamming.

    What police have also learned is that, when done on an “industrial” level as part of a professional global network, scams ruin lives on a scale they have rarely seen.

    Two weeks ago, at a news conference attended by FBI officers, Toronto police announced they had taken part in an international crackdown on a money-laundering network through which more than $5-billion flowed in just over a year. Two local men charged with defrauding a Toronto widow of her life’s savings will eventually face extradition to the United States on money-laundering charges, they said.

    Online fraud is fluid, global and hard-to-track, but it often requires local operatives. Several Toronto-area residents have been defrauded of at least $1-million each in the past two years, and police allege the money was wired with the help of Canadian residents linked to the Black Axe, and sometimes it was handed to the group’s associates in person. The recipients then sent the money ricocheting through bank accounts around the globe, with trusted members in countries on every continent helping with the transfers before it disappeared.

    The sophistication of the money-laundering scheme reflects the efficiency of the scams, in which several people assume false identities and mix reality – bank accounts, real names and real websites – with fake documents.

    The police added an extra charge for one of the men they arrested, Akohomen Ighedoise, 41: “participating in a criminal organization.”

    Officers said in an interview they seized documents that will prove in court that Mr. Ighedoise separately helped a network of fraudsters launder money, that the fraudsters are members of the Black Axe and that he is their bookkeeper. The charge is the first time a Canadian has been publicly linked to the group.

    Interviews with police, gang experts and Nigerian academics paint a picture of an organization both public and enigmatic, with an ostensible charitable purpose as well as secret codes and a strict hierarchy. Police say it has grown to 200 people across Canada.

    Officers in Canada first heard the name “Black Axe” less than two years ago, said Tim Trotter, a detective constable with the Toronto Police Service. They are working quickly, trying to stop the group from becoming entrenched.

    “I mean, 100 years ago, law enforcement dealt with the same thing, the Sicilian black hand, right? It meant nothing to anybody except the Sicilian community,” Det. Constable Trotter said. “And that’s what we have here – that’s what we believe we have here.”

    **

    Many scam victims lose a few thousand dollars. Soraya Emami, one of Toronto’s most recent victims, lost everything, including many friends.

    In 1988, Ms. Emami fled her native Iran with her four sons. Her husband was jailed by the regime and his passport was held for years. Ms. Emami flew to Canada and became a real estate agent in North York.

    It took 30 years to save for a nice house in quiet Stouffville, Ont. The rest of her earnings went to her boys, who grew up to be a doctor, an engineer, a computer engineer and a bank manager. Last year, the youngest – a fifth son, born in Canada – began university. She and her husband had never reunited, and for the first time in decades, Ms. Emami thought about dating.

    “My kids grow up, and I feel lonely,” said the 63-year-old, who has long, wavy black hair. “I didn’t know how, and because I’m not [used to] any relationship, I feel shy.”

    Ms. Emami saw a TV commercial for Match.com and joined, hesitantly. A few days later, she told a friend she had heard from a tanned, white-haired, very nice geologist. Fredrick Franklin said he lived just 45 minutes away, in Toronto’s wealthy Bridle Path neighbourhood.

    He had spent years in Australia, and when they talked on the phone, she could not always understand his thick accent at first. He called her several times a day from Vancouver, where he was on a business trip, then from Turkey, where he travelled on a short contract. He was to fly home via Delta airlines on May 5. She would pick him up from the airport, and they would finally meet.

    “I am a simple man in nature, very easy going,” he wrote in an e-mail, telling her about his son and granddaughters. “I have done the Heart and Stroke ride in Toronto for the past 2 years, have also done the MS ride from London to Grand Bend.”

    A few days before his return date, Mr. Franklin called Ms. Emami in a panic. His bank had told him someone had tried to gain access to his account, he said. He could not clear it up from rural Turkey, so would she mind calling the bank and reporting back with his balance? He e-mailed the phone number for SunTrust bank, a 10-digit account number and a nine-digit tax ID number.

    She spoke to a bank teller. The balance, she was told, was $18-million.

    A few days later, Mr. Franklin asked for a small favour – could she send him a new phone and laptop – saying he would repay her upon his return. She acquiesced, believing he could pay her back.

    Within a few weeks, she lost half a million dollars, and the scam would cost her the home in Stouffville.

    What perplexes police about some of the Toronto romance frauds is not how the victims could be so naive, but how the fraudsters could be so convincing.

    The SunTrust account appears to be real, The Globe determined after retracing the steps Ms. Emami took to access it. The bank said it could not verify the account’s existence, as that was client-related information.

    In the course of the scam, Ms. Emami spoke to at least five people other than the Aussie geologist, including two in person.

    In June, in what they called Project Unromantic, York Regional Police charged nine local people in several cases, including that of Ms. Emami, that added up to $1.5-million. They considered the criminals to be internationally connected. “We don’t know who’s at the top, but there seems to be a hierarchy,” Detective Courtney Chang said.

    The Toronto police believe the crimes that led to their charges against Mr. Ighedoise are linked to the ones in York Region.

    *

    Canadian police came across the Black Axe by happenstance. In 2013, an RCMP analyst in Vancouver was investigating a West Coast fraud suspect and found a photo of him on Facebook with another man, said Det. Constable Trotter (the analyst would not speak to The Globe). Both were wearing unusual clothes and seemed to be at a meeting in Toronto.

    The analyst discovered the second man was under investigation by Toronto financial crimes detective Mike Kelly, an old partner of Det. Constable Trotter. The analyst e-mailed Det. Constable Kelly to ask if he knew the significance of what the two men in the photo were wearing.

    The uniform of the Black Axe is a black beret, a yellow soccer scarf and high yellow socks. These items often have a patch or insignia showing two manacled hands with an axe separating the chain between them, which sometimes also says “Black Axe” or “NBM,” standing for “Neo-Black Movement,” another name for the group. They often incorporate the numbers seven or 147.

    The group tries to maintain a public image of volunteerism. It has been registered as a corporation in Ontario since 2012 under the name “Neo-Black Movement of Africa North America,” with Mr. Ighedoise among several people listed as administrators. In the United Kingdom, said Det. Constable Trotter, it has been known to make small donations – to a local hospital, for example – and then claim to be in a “partnership” with the legitimate organization.

    In the GTA, the group got itself listed publicly in 2013 as a member of Volunteer MBC, a volunteer centre serving Mississauga, Brampton and Caledon. But after expressing an interest in recruiting volunteers, the group involved never posted an ad, and staff at the centre said when they tried to follow up, they found the three yahoo.com addresses on file were no longer working.

    Police found plenty of photos on social media of men in Axemen uniforms at what were said to be conferences or events.

    Det. Constable Kelly and Det. Constable Trotter compiled a list of people in Canada photographed wearing Axemen outfits. From a car, they watched some of them attend a funeral. One mourner had yellow socks and a yellow cummerbund with NBM on it, Det. Constable Trotter said. The rest were dressed normally. Near the end of the ceremony, “all of a sudden the berets and everything came out, and then they put the coffin into the earth,” he said.

    As they added names to their list, the investigators checked each one for connections to previous cases.

    What they found were 10 to 20 episodes of serious violence over the past few years clearly linked to members of the group, many of them at a Nigerian restaurant in northwest Toronto, Det. Constable Trotter said. One man had been run over by a car; another was allegedly kidnapped and beaten with a liquor bottle for a day in an abandoned building; a man was knocked to the ground for refusing to fetch another man a beer. Witnesses generally refused to talk.

    In one incident, a group of men had insulted another man’s girlfriend, and when he objected, they “beat the living hell” out of him, leaving him with cranial fractures, Det. Constable Trotter said.

    “Without the understanding of the context, it’s just a bar fight,” he said. “But when we understand who those people were, and we realize, oh, they’re all affiliated to the group … that’s why no one called [911]. And that’s why, when the police came, suddenly, oh no, those cameras don’t work. And that’s why, out of a bar full of people, the only witness was his girlfriend.”

    That case and the kidnapping case are before the courts, Det. Constable Trotter said. The Globe tried to search for all court records linked to the bar’s address over the past few years, but was told such a search is impossible.

    Police have six criteria to identify members of the group, Det. Constable Trotter said. If a person meets three of the six, he is considered a likely member.

    Police have documents that show when certain people were “blended” or initiated into the group, including some in Toronto, he said. Members live mostly in Toronto, Calgary and Vancouver.

    “There’s evidence that they’ve been active since 2005, so that’s a decade’s worth of ability to lay under the radar and become ensconced in the criminal community,” he said.

    To set up scams, they work from cafés or home and are “fastidious” about deleting their online history, Det. Constable Kelly said.

    “They have names, titles, they show respect,” Det. Constable Trotter said. “They pay dues to each other. Individuals are detailed by higher-ranking individuals to do things.”

    As they learned of the group’s fearsome reputation in Nigeria, the officers began to equate it more with established Canadian organized crime. At Afrofest in Woodbine Park one summer, a group of Axemen walked through in full uniform – not something anyone from the Nigerian community would do lightly, Det. Constable Trotter said. “I wouldn’t wear a Hells Angels vest if I wasn’t a Hells Angel.”

    He began to worry the group’s brazenness would signify to the community that “Axemen are here. And they’re open about it, and the police are doing nothing.”

    *

    Fraternities such as the Black Axe were born during an optimistic time in Nigeria’s recent history, and at first they reflected it. In the postcolonial 1970s, they were modelled after U.S. fraternities. They attracted top students and were meant to foster pan-African unity and Nigeria’s future leaders.

    When the country descended into widespread corruption after its oil boom, the fraternities split into factions and violently sought power on campuses, trying to control grades and student politics and gain the loyalty of the richest, best-connected students.

    Through the 1990s and 2000s, the groups inspired terror: Students were hacked to death or shot in their sleep, and professors were murdered in their offices in what seemed to be random attacks. Researchers say such crimes were often assigned to new members in their late teens to prove their allegiance after a painful hazing in an isolated cemetery or forest.

    “Sometimes, they are given some tough assignments like raping a very popular female student or a female member of the university staff,” Adewale Rotimi wrote in a 2005 scholarly article.

    Raping the daughters of rich and powerful families, or the girlfriends of enemies, was another tactic of the groups to prove their dominance, Ifeanyi Ezeonu wrote in 2013.

    In addition to innocent victims, one West African organization fighting cult violence says more than 1,700 fraternity members died in inter-group wars in a 10-year span. The groups were outlawed, and much of their ritualistic element – night-time ceremonies, code words – seemed to evolve to avoid detection, said Ogaga Ifowodo, who was a student in Nigeria during the 1980s and later taught at Cornell and Texas State universities.

    “Early on … you could distinguish them by their costume,” he said. “The Black Axe, they tended to wear black berets, black shirt and jeans.”

    The transformation was not a coincidence, Mr. Ifowodo said.

    “At that time, we were under military dictatorships, and they had actually propped up the now-secret cults as a way of weakening the students’ movements,” he said. “It violates something that I think is sacred to an academic community, which is bringing into campus a kind of Mafia ethos.”

    But this does not explain whether, or how, the fraternities could morph into a sophisticated global crime syndicate.

    In Nigeria, the groups are not associated with fraud, said Etannibi Alemika, who teaches at Nigeria’s University of Jos. Mr. Ifowodo agreed. However, he also backed Toronto Police’s conclusion that Black Axe is one and the same as the Neo-Black Movement. In a briefing document posted online, Canada’s Immigration and Refugee Board says the two are closely linked, but speculates that the Black Axe is a “splinter group” of the NBM.

    The NBM is known to carry out fraud, said Jonathan Matusitz, a professor at the University of Central Florida who has studied Nigerian fraternities. He said the group’s members have also been linked, mostly in Nigeria, to drug trafficking, pimping, extortion, and the falsification or copying of passports and credit cards.

    “I think that the NBM movement is more about scamming people, and it has some associations with the Black Axe, which kills people,” he said. “Have they joined forces to have like a super-group? I hope not.”

    Despite police fears, several people interviewed by The Globe, mostly business owners, said they had never heard of the Black Axe before the police news conference last week.

    Kingsley Jesuorobo, a Toronto lawyer who has many Nigerian-Canadian clients, said he has never heard of anyone being intimidated by the group.

    Mr. Jesuorobo said he is familiar with the Black Axe in the Nigerian context, but cannot imagine it posing a real threat in Canada. It is more likely that former members gravitate to each other for social reasons, he said.

    “It would be a case of comparing apples and oranges to look at how these guys operate – the impunity that characterizes their actions – in Nigeria, and then sort of come to the conclusion that they can do the same thing here,” he said.

    For Nigerian-Canadians, a cultural minority working hard to establish themselves, the idea is very troubling, he said.

    “If these things are true, it would be a bad omen for our community,” he said.

    *

    After confirming her love interest’s $18-million bank balance, Ms. Emami did not hear from him for a few days. When they spoke again, she told him she had worried. He responded that it was a sign of how close they had become; she had sensed something had happened.

    The geologist said that during his contract in Turkey, he had been in a mining accident. He was injured and could not get to Istanbul to replace his phone and laptop, which had been destroyed, so would she buy new ones and send them by courier? Ms. Emami went to the Apple Store at Fairview Mall and called him, asking if he could pay with his credit card over the phone. He said the store would not allow it, and the employee agreed. So she bought the $4,000 laptop and phone and shipped them.

    A few days later, he called again: He needed $80,000 to pay the salary of an employee, promising to repay with interest. She told him she would have to borrow from her son, but he reassured her, and she wired the money in several instalments.

    The day of his flight, a man called and said he was Mr. Franklin’s lawyer and was with him at the Istanbul airport. Someone injured in the mining accident had died, he said, and Mr. Franklin owed $130,000 to his family or he would go to jail.

    “He’s calling me, he’s crying to me,” she said. “I didn’t have any choice. I go to friends and everybody I know. Because you know, when you’re trying to be a good person, everybody trusts you. …Whatever I asked, they give me.”

    Even a friend of a friend, a cab driver, lent her thousands. “He told me, you know, dollar by dollar I collected this money,” she recalled.

    Mr. Franklin sent her details of his rebooked flight, and she promised to pick him up and cook a meal. He would love that, he said; he liked chicken.

    “You don’t believe how much food I make for him,” she said.

    She was waiting with the packed-up meal the morning of his flight when the phone rang again. It was another lawyer, this time at the Frankfurt airport, he said. Mr. Franklin owed $250,000 in tax before he could leave the country with a valuable stone.

    “My heart is just – crash,” she said. “I was crying on the phone. I said, ’Please don’t do this to me. … Why are you doing this to me? I told you from the first day, I’m borrowing this money from people.’”

    A man saying he was Mr. Franklin’s son, who also had an Australian accent, called and told her he had remortgaged his house to save his father and might lose custody of his children because of it. Ms. Emami pulled together $158,000. When her bank would not let her transfer the money, she was instructed to meet a man and a woman in person who deposited it into their accounts.

    Ms. Emami’s son and her manager at work persuaded her to go to police. When officers told her Mr. Franklin was not real and the money was likely gone for good, they called a psychiatrist to help her grasp the news.

    She cannot pay her bills or afford groceries, her credit rating is destroyed and she is hunting for work despite crippling headaches. On Oct. 27, she was served with notice that she will lose her house in Stouffville in 20 days.

    “I can’t sleep,” she said recently, crying.

    She had always considered it her “duty” to help people in need, she said. Now her friends, even her sons, are angry that the scam impoverished them as well.

    “It’s my life, it’s my relationships,” she said. “And after 30 years living here with five kids, you know, I can’t live in the street. I can’t go to the shelter.”

    *

    Other local women describe the lengths fraudsters went to to blend truth and fiction. One received a forged Ontario provincial contract. Two victims in York said the scammers impersonated an Edmonton mining executive. The fraudsters build Facebook and LinkedIn accounts that seem to be populated by friends and family.

    “When we Google them, they do seem real,” one woman said.

    Daniel Williams of the Canadian Anti-Fraud Centre, a federal intelligence-gathering agency on fraud, said the scammers profit from economies of scale. “What they did to you, they were doing to 8,000 people that day,” he said.

    The agency gets more calls from fraud victims a day than it can answer, sometimes exceeding 2,000. Staff look for waves of calls complaining of the same methods.

    Authorities estimate they are only ever aware of about 1 per cent to 5 per cent of fraud committed globally, Mr. Williams said. Many victims do not believe they have been scammed or will not report it out of embarrassment.

    Fraudsters, sometimes using credit checks, also home in on well-off victims for special treatment, Det. Constable Kelly said.

    “It’s just like, oh, we’ve got somebody on $100,000 level, let’s steer this to this person,” he said.

    The amount taken from Toronto victims alone is “absolutely astonishing,” he said.

    “If you were going to distribute cocaine, for example, you have to buy that cocaine from another smuggler somewhere, and you have to put up money for that,” he said.

    “In fraud, what is your put-up? What is your overhead? Your commodity that you’re trading in, that you’re selling, is BS. BS is cheap, it’s abundant, it’s infinite. You know, it can be replicated again and again and again and again. … And that’s why it’s a better business.”

    Fraudsters based in Canada work with people in Kuala Lumpur, in Tokyo, in Lagos, Det. Constable Kelly said.

    At the turn of the 20th century in New York, Italian-owned banks started suffering bombings, and homes were mysteriously burned down. Police heard the incidents happened after warnings from something called the “black hand.” But no officers spoke Italian, and investigations were stymied.

    It was not until the 1950s that widespread police crackdowns began. By that time, the group now known as the Mafia had spread around the world and made new alliances. The FBI estimates the organization has about 25,000 members and a quarter-million affiliates worldwide, including about 3,000 in the United States.

    Police hope the charge against Mr. Ighedoise will send an early message to Canada’s Axemen. York and Toronto officers are working to confirm connections between the fraud ring that impoverished Ms. Emami and the ring that Mr. Ighedoise is alleged to help lead.

    At their recent press conference, they appealed to the Nigerian community to report instances where the Black Axe has “intimidated” others.

    They want to know how ambitious the group really is, Det. Constable Trotter said, and how much it is feared.

    If Axemen rely on selling stories, he said, the most important one is for their own community: “That [they] have all the power and authority and the propensity for violence that [they] have back home, here in Canada.”

    #Canada #scam #Nigeria #Black_Axe

  • Egypt Political figures arrested over Eid holiday interrogated about political views, affiliations | MadaMasr

    Escalade de la répression en Egypte où Emmanuel Macron a annoncé qu’il se rendrait bientôt

    https://www.madamasr.com/en/2018/08/29/feature/politics/political-figures-arrested-over-eid-holiday-interrogated-about-political-v

    In interrogations held on Monday and Tuesday, five of the seven political figures arrested over the Eid holiday were questioned about their views on and relationship to prominent political groups and events in Egypt’s post-2011 political landscape.

    On Monday, Supreme State Security Prosecution conducted preliminary interrogations with former ambassador Masoum Marzouk, university professor Yehia al-Qazzaz, economist Raed Salama and activist Nermeen Hussein, all of which will continue next Monday, according to lawyer Khaled Ali.

    Activist Sameh Seoudi’s questioning took place on Tuesday, Arabic Network for Human Rights Information (ANHRI) lawyer Ahmed Abdel Latif told Mada Masr on Wednesday. The sessions will be resumed next Saturday.

    The two remaining defendants in the case, university professor Abdel Fattah Saeed al-Banna and activist Amr Mohamed, are being interrogated today.

  • Vu sur Twitter :

    M.Potte-Bonneville @pottebonneville a retweeté Catherine Boitard

    Vous vous souvenez ? Elle avait sauvé ses compagnons en tirant l’embarcation à la nage pendant trois heures : Sarah Mardini, nageuse olympique et réfugiée syrienne, est arrêtée pour aide à l’immigration irrégulière.

    Les olympiades de la honte 2018 promettent de beaux records

    M.Potte-Bonneville @pottebonneville a retweeté Catherine Boitard @catboitard :

    Avec sa soeur Yusra, nageuse olympique et distinguée par l’ONU, elle avait sauvé 18 réfugiés de la noyade à leur arrivée en Grèce. La réfugiée syrienne Sarah Mardini, boursière à Berlin et volontaire de l’ONG ERCI, a été arrêtée à Lesbos pour aide à immigration irrégulière

    #migration #asile #syrie #grèce #solidarité #humanité

    • GRÈCE : LA POLICE ARRÊTE 30 MEMBRES D’UNE ONG D’AIDE AUX RÉFUGIÉS

      La police a arrêté, mardi 28 août, 30 membres de l’ONG grecque #ERCI, dont les soeurs syriennes Yusra et Sarah Mardini, qui avaient sauvé la vie à 18 personnes en 2015. Les militant.e.s sont accusés d’avoir aidé des migrants à entrer illégalement sur le territoire grec via l’île de Lesbos. Ils déclarent avoir agi dans le cadre de l’assistance à personnes en danger.

      Par Marina Rafenberg

      L’ONG grecque Emergency response centre international (ERCY) était présente sur l’île de Lesbos depuis 2015 pour venir en aide aux réfugiés. Depuis mardi 28 août, ses 30 membres sont poursuivis pour avoir « facilité l’entrée illégale d’étrangers sur le territoire grec » en vue de gains financiers, selon le communiqué de la police grecque.

      L’enquête a commencé en février 2018, rapporte le site d’information protagon.gr, lorsqu’une Jeep portant une fausse plaque d’immatriculation de l’armée grecque a été découverte par la police sur une plage, attendant l’arrivée d’une barque pleine de réfugiés en provenance de Turquie. Les membres de l’ONG, six Grecs et 24 ressortissants étrangers, sont accusés d’avoir été informés à l’avance par des personnes présentes du côté turc des heures et des lieux d’arrivée des barques de migrants, d’avoir organisé l’accueil de ces réfugiés sans en informer les autorités locales et d’avoir surveillé illégalement les communications radio entre les autorités grecques et étrangères, dont Frontex, l’agence européenne des gardes-cotes et gardes-frontières. Les crimes pour lesquels ils sont inculpés – participation à une organisation criminelle, violation de secrets d’État et recel – sont passibles de la réclusion à perpétuité.

      Parmi les membres de l’ONG grecque arrêtés se trouve Yusra et Sarah Mardini, deux sœurs nageuses et réfugiées syrienne qui avaient sauvé 18 personnes de la noyade lors de leur traversée de la mer Égée en août 2015. Depuis Yusra a participé aux Jeux Olympiques de Rio, est devenue ambassadrice de l’ONU et a écrit un livre, Butterfly. Sarah avait quant à elle décidé d’aider à son tour les réfugiés qui traversaient dangereusement la mer Égée sur des bateaux de fortune et s’était engagée comme bénévole dans l’ONG ERCI durant l’été 2016.

      Sarah a été arrêtée le 21 août à l’aéroport de Lesbos alors qu’elle devait rejoindre Berlin où elle vit avec sa famille. Le 3 septembre, elle devait commencer son année universitaire au collège Bard en sciences sociales. La jeune Syrienne de 23 ans a été transférée à la prison de Korydallos, à Athènes, dans l’attente de son procès. Son avocat a demandé mercredi sa remise en liberté.

      Ce n’est pas la première fois que des ONG basées à Lesbos ont des soucis avec la justice grecque. Des membres de l’ONG espagnole Proem-Aid avaient aussi été accusés d’avoir participé à l’entrée illégale de réfugiés sur l’île. Ils ont été relaxés en mai dernier. D’après le ministère de la Marine, 114 ONG ont été enregistrées sur l’île, dont les activités souvent difficilement contrôlables inquiètent le gouvernement grec et ses partenaires européens.

      https://www.courrierdesbalkans.fr/Une-ONG-accusee-d-aide-a-l-entree-irreguliere-de-migrants

      #grèce #asile #migrations #réfugiés #solidarité #délit_de_solidarité

    • Arrest of Syrian ’hero swimmer’ puts Lesbos refugees back in spotlight

      Sara Mardini’s case adds to fears that rescue work is being criminalised and raises questions about NGO.

      Greece’s high-security #Korydallos prison acknowledges that #Sara_Mardini is one of its rarer inmates. For a week, the Syrian refugee, a hero among human rights defenders, has been detained in its women’s wing on charges so serious they have elicited baffled dismay.

      The 23-year-old, who saved 18 refugees in 2015 by swimming their waterlogged dingy to the shores of Lesbos with her Olympian sister, is accused of people smuggling, espionage and membership of a criminal organisation – crimes allegedly committed since returning to work with an NGO on the island. Under Greek law, Mardini can be held in custody pending trial for up to 18 months.

      “She is in a state of disbelief,” said her lawyer, Haris Petsalnikos, who has petitioned for her release. “The accusations are more about criminalising humanitarian action. Sara wasn’t even here when these alleged crimes took place but as charges they are serious, perhaps the most serious any aid worker has ever faced.”

      Mardini’s arrival to Europe might have gone unnoticed had it not been for the extraordinary courage she and younger sister, Yusra, exhibited guiding their boat to safety after the engine failed during the treacherous crossing from Turkey. Both were elite swimmers, with Yusra going on to compete in the 2016 Rio Olympics.

      The sisters, whose story is the basis of a forthcoming film by the British director Stephen Daldry, were credited with saving the lives of their fellow passengers. In Germany, their adopted homeland, the pair has since been accorded star status.

      It was because of her inspiring story that Mardini was approached by Emergency Response Centre International, ERCI, on Lesbos. “After risking her own life to save 18 people … not only has she come back to ground zero, but she is here to ensure that no more lives get lost on this perilous journey,” it said after Mardini agreed to join its ranks in 2016.

      After her first stint with ERCI, she again returned to Lesbos last December to volunteer with the aid group. And until 21 August there was nothing to suggest her second spell had not gone well. But as Mardini waited at Mytilini airport to head back to Germany, and a scholarship at Bard College in Berlin, she was arrested. Soon after that, police also arrested ERCI’s field director, Nassos Karakitsos, a former Greek naval force officer, and Sean Binder, a German volunteer who lives in Ireland. All three have protested their innocence.

      The arrests come as signs of a global clampdown on solidarity networks mount. From Russia to Spain, European human rights workers have been targeted in what campaigners call an increasingly sinister attempt to silence civil society in the name of security.

      “There is the concern that this is another example of civil society being closed down by the state,” said Jonathan Cooper, an international human rights lawyer in London. “What we are really seeing is Greek authorities using Sara to send a very worrying message that if you volunteer for refugee work you do so at your peril.”

      But amid concerns about heavy-handed tactics humanitarians face, Greek police say there are others who see a murky side to the story, one ofpeople trafficking and young volunteers being duped into participating in a criminal network unwittingly. In that scenario,the Mardini sisters would make prime targets.

      Greek authorities spent six months investigating the affair. Agents were flown into Lesbos from Athens and Thessaloniki. In an unusually long and detailed statement, last week, Mytilini police said that while posing as a non-profit organisation, ERCI had acted with the sole purpose of profiteering by bringing people illegally into Greece via the north-eastern Aegean islands.

      Members had intercepted Greek and European coastguard radio transmissions to gain advance notification of the location of smugglers’ boats, police said, and that 30, mostly foreign nationals, were lined up to be questioned in connection with the alleged activities. Other “similar organisations” had also collaborated in what was described as “an informal plan to confront emergency situations”, they added.

      Suspicions were first raised, police said, when Mardini and Binder were stopped in February driving a former military 4X4 with false number plates. ERCI remained unnamed until the release of the charge sheets for the pair and that of Karakitsos.

      Lesbos has long been on the frontline of the refugee crisis, attracting idealists and charity workers. Until a dramatic decline in migration numbers via the eastern Mediterranean in March 2016, when a landmark deal was signed between the EU and Turkey, the island was the main entry point to Europe.

      An estimated 114 NGOs and 7,356 volunteers are based on Lesbos, according to Greek authorities. Local officials talk of “an industry”, and with more than 10,000 refugees there and the mood at boiling point, accusations of NGOs acting as a “pull factor” are rife.

      “Sara’s motive for going back this year was purely humanitarian,” said Oceanne Fry, a fellow student who in June worked alongside her at a day clinic in the refugee reception centre.

      “At no point was there any indication of illegal activity by the group … but I can attest to the fact that, other than our intake meeting, none of the volunteers ever met, or interacted, with its leadership.”

      The mayor of Lesbos, Spyros Galinos, said he has seen “good and bad” in the humanitarian movement since the start of the refugee crisis.

      “Everything is possible,. There is no doubt that some NGOs have exploited the situation. The police announcement was uncommonly harsh. For a long time I have been saying that we just don’t need all these NGOs. When the crisis erupted, yes, the state was woefully unprepared but now that isn’t the case.”

      Attempts to contact ERCI were unsuccessful. Neither a telephone number nor an office address – in a scruffy downtown building listed by the aid group on social media – appeared to have any relation to it.

      In a statement released more than a week after Mardini’s arrest, ERCI denied the allegations, saying it had fallen victim to “unfounded claims, accusations and charges”. But it failed to make any mention of Mardini.

      “It makes no sense at all,” said Amed Khan, a New York financier turned philanthropist who has donated boats for ERCI’s search and rescue operations. To accuse any of them of human trafficking is crazy.

      “In today’s fortress Europe you have to wonder whether Brussels isn’t behind it, whether this isn’t a concerted effort to put a chill on civil society volunteers who are just trying to help. After all, we’re talking about grassroots organisations with global values that stepped up into the space left by authorities failing to do their bit.”


      https://amp.theguardian.com/world/2018/sep/06/arrest-of-syrian-hero-swimmer-lesbos-refugees-sara-mardini?CMP=shar

      #Sarah_Mardini

    • The volunteers facing jail for rescuing migrants in the Mediterranean

      The risk of refugees and migrants drowning in the Mediterranean has increased dramatically over the past few years.

      As the European Union pursued a policy of externalisation, voluntary groups stepped in to save the thousands of people making the dangerous crossing. One by one, they are now criminalised.

      The arrest of Sarah Mardini, one of two Syrian sisters who saved a number of refugees in 2015 by pulling their sinking dinghy to Greece, has brought the issue to international attention.

      The Trial

      There aren’t chairs enough for the people gathered in Mytilíni Court. Salam Aldeen sits front row to the right. He has a nervous smile on his face, mouth half open, the tongue playing over his lips.

      Noise emanates from the queue forming in the hallway as spectators struggle for a peak through the door’s windows. The morning heat is already thick and moist – not helped by the two unplugged fans hovering motionless in dead air.

      Police officers with uneasy looks, 15 of them, lean up against the cooling walls of the court. From over the judge, a golden Jesus icon looks down on the assembly. For the sunny holiday town on Lesbos, Greece, this is not a normal court proceeding.

      Outside the court, international media has unpacked their cameras and unloaded their equipment. They’ve come from the New York Times, Deutsche Welle, Danish, Greek and Spanish media along with two separate documentary teams.

      There is no way of knowing when the trial will end. Maybe in a couple of days, some of the journalists say, others point to the unpredictability of the Greek judicial system. If the authorities decide to make a principle out of the case, this could take months.

      Salam Aldeen, in a dark blue jacket, white shirt and tie, knows this. He is charged with human smuggling and faces life in jail.

      More than 16,000 people have drowned in less than five years trying to cross the Mediterranean. That’s an average of ten people dying every day outside Europe’s southern border – more than the Russia-Ukraine conflict over the same period.

      In 2015, when more than one million refugees crossed the Mediterranean, the official death toll was around 3,700. A year later, the number of migrants dropped by two thirds – but the death toll increased to more than 5,000. With still fewer migrants crossing during 2017 and the first half of 2018, one would expect the rate of surviving to pick up.

      The numbers, however, tell a different story. For a refugee setting out to cross the Mediterranean today, the risk of drowning has significantly increased.

      The deaths of thousands of people don’t happen in a vacuum. And it would be impossible to explain the increased risks of crossing without considering recent changes in EU-policies towards migration in the Mediterranean.

      The criminalisation of a Danish NGO-worker on the tiny Greek island of Lesbos might help us understand the deeper layers of EU immigration policy.

      The deterrence effect

      On 27 March 2011, 72 migrants flee Tripoli and squeeze into a 12m long rubber dinghy with a max capacity of 25 people. They start the outboard engine and set out in the Mediterranean night, bound for the Italian island of Lampedusa. In the morning, they are registered by a French aircraft flying over. The migrants stay on course. But 18 hours into their voyage, they send out a distress-call from a satellite phone. The signal is picked up by the rescue centre in Rome who alerts other vessels in the area.

      Two hours later, a military helicopter flies over the boat. At this point, the migrants accidentally drop their satellite phone in the sea. In the hours to follow, the migrants encounter several fishing boats – but their call of distress is ignored. As day turns into night, a second helicopter appears and drops rations of water and biscuits before leaving.

      And then, the following morning on 28 March – the migrants run out of fuel. Left at the mercy of wind and oceanic currents, the migrants embark on a hopeless journey. They drift south; exactly where they came from.

      They don’t see any ships the following day. Nor the next; a whole week goes by without contact to the outside world. But then, somewhere between 3 and 5 April, a military vessel appears on the horizon. It moves in on the migrants and circle their boat.

      The migrants, exhausted and on the brink of despair, wave and signal distress. But as suddenly as it arrived, the military vessel turns around and disappears. And all hope with it.

      On April 10, almost a week later, the migrant vessel lands on a beach south of Tripoli. Of the 72 passengers who left 2 weeks ago, only 11 make it back alive. Two die shortly hereafter.

      Lorenzo Pezzani, lecturer at Forensic Architecture at Goldsmiths University of London, was stunned when he read about the case. In 2011, he was still a PhD student developing new spatial and aesthetic visual tools to document human rights violations. Concerned with the rising number of migrant deaths in the Mediterranean, Lorenzo Pezzani and his colleague Charles Heller founded Forensic Oceanography, an affiliated group to Forensic Architecture. Their first project was to uncover the events and policies leading to a vessel left adrift in full knowledge by international rescue operations.

      It was the public outrage fuelled by the 2013 Lampedusa shipwreck which eventually led to the deployment of Operation Mare Nostrum. At this point, the largest migration of people since the Second World War, the Syrian exodus, could no longer be contained within Syria’s neighbouring countries. At the same time, a relative stability in Libya after the fall of Gaddafi in 2011 descended into civil war; waves of migrants started to cross the Mediterranean.

      From October 2013, Mare Nostrum broke with the reigning EU-policy of non-interference and deployed Italian naval vessels, planes and helicopters at a monthly cost of €9.5 million. The scale was unprecedented; saving lives became the political priority over policing and border control. In terms of lives saved, the operation was an undisputed success. Its own life, however, would be short.

      A critical narrative formed on the political right and was amplified by sections of the media: Mare Nostrum was accused of emboldening Libyan smugglers who – knowing rescue ships were waiting – would send out more migrants. In this understanding, Mare Nostrum constituted a so-called “pull factor” on migrants from North African countries. A year after its inception, Mare Nostrum was terminated.

      In late 2014, Mare Nostrum was replaced by Operation Triton led by Frontex, the European Border and Coast Guard Agency, with an initial budget of €2.4 million per month. Triton refocused on border control instead of sea rescues in an area much closer to Italian shores. This was a return to the pre-Mare Nostrum policy of non-assistance to deter migrants from crossing. But not only did the change of policy fail to act as a deterrence against the thousands of migrants still crossing the Mediterranean, it also left a huge gap between the amount of boats in distress and operational rescue vessels. A gap increasingly filled by merchant vessels.

      Merchant vessels, however, do not have the equipment or training to handle rescues of this volume. On 31 March 2015, the shipping community made a call to EU-politicians warning of a “terrible risk of further catastrophic loss of life as ever-more desperate people attempt this deadly sea crossing”. Between 1 January and 20 May 2015, merchant ships rescued 12.000 people – 30 per cent of the total number rescued in the Mediterranean.

      As the shipping community had already foreseen, the new policy of non-assistance as deterrence led to several horrific incidents. These culminated in two catastrophic shipwrecks on 12 and 18 April 2015 and the death of 1,200 people. In both cases, merchant vessels were right next to the overcrowded migrant boats when chaotic rescue attempts caused the migrant boats to take in water and eventually sink. The crew of the merchant vessels could only watch as hundreds of people disappeared in the ocean.

      Back in 1990, the Dublin Convention declared that the first EU-country an asylum seeker enters is responsible for accepting or rejecting the claim. No one in 1990 had expected the Syrian exodus of 2015 – nor the gigantic pressure it would put on just a handful of member states. No other EU-member felt the ineptitudes and total unpreparedness of the immigration system than a country already knee-deep in a harrowing economic crisis. That country was Greece.

      In September 2015, when the world saw the picture of a three-year old Syrian boy, Alan Kurdi, washed up on a beach in Turkey, Europe was already months into what was readily called a “refugee crisis”. Greece was overwhelmed by the hundreds of thousands of people fleeing the Syrian war. During the following month alone, a staggering 200.000 migrants crossed the Aegean Sea from Turkey to reach Europe. With a minimum of institutional support, it was volunteers like Salam Aldeen who helped reduce the overall number of casualties.

      The peak of migrants entered Greece that autumn but huge numbers kept arriving throughout the winter – in worsening sea conditions. Salam Aldeen recalls one December morning on Lesbos.

      The EU-Turkey deal

      And then, from one day to the next, the EU-Turkey deal changed everything. There was a virtual stop of people crossing from Turkey to Greece. From a perspective of deterrence, the agreement was an instant success. In all its simplicity, Turkey had agreed to contain and prevent refugees from reaching the EU – by land or by sea. For this, Turkey would be given a monetary compensation.

      But opponents of the deal included major human rights organisations. Simply paying Turkey a formidable sum of money (€6 billion to this date) to prevent migrants from reaching EU-borders was feared to be a symptom of an ‘out of sight, out of mind’ attitude pervasive among EU decision makers. Moreover, just like Libya in 2015 threatened to flood Europe with migrants, the Turkish President Erdogan would suddenly have a powerful geopolitical card on his hands. A concern that would later be confirmed by EU’s vague response to Erdogan’s crackdown on Turkish opposition.

      As immigration dwindled in Greece, the flow of migrants and refugees continued and increased in the Central Mediterranean during the summer of 2016. At the same time, disorganised Libyan militias were now running the smuggling business and exploited people more ruthlessly than ever before. Migrant boats without satellite phones or enough provision or fuel became increasingly common. Due to safety concerns, merchant vessels were more reluctant to assist in rescue operations. The death toll increased.
      A Conspiracy?

      Frustrated with the perceived apathy of EU states, Non-governmental organisations (NGOs) responded to the situation. At its peak, 12 search and rescue NGO vessels were operating in the Mediterranean and while the European Border and Coast Guard Agency (Frontex) paused many of its operations during the fall and winter of 2016, the remaining NGO vessels did the bulk of the work. Under increasingly dangerous weather conditions, 47 per cent of all November rescues were carried out by NGOs.

      Around this time, the first accusations were launched against rescue NGOs from ‘alt-right’ groups. Accusations, it should be noted, conspicuously like the ones sounded against Mare Nostrum. Just like in 2014, Frontex and EU-politicians followed up and accused NGOs of posing a “pull factor”. The now Italian vice-prime minister, Luigi Di Maio, went even further and denounced NGOs as “taxis for migrants”. Just like in 2014, no consideration was given to the conditions in Libya.

      Moreover, NGOs were falsely accused of collusion with Libyan smugglers. Meanwhile Italian agents had infiltrated the crew of a Save the Children rescue vessel to uncover alleged secret evidence of collusion. The German Jugendrettet NGO-vessel, Iuventa, was impounded and – echoing Salam Aldeen’s case in Greece – the captain accused of collusion with smugglers by Italian authorities.

      The attacks to delegitimise NGOs’ rescue efforts have had a clear effect: many of the NGOs have now effectively stopped their operations in the Mediterranean. Lorenzo Pezzani and Charles Heller, in their report, Mare Clausum, argued that the wave of delegitimisation of humanitarian work was just one part of a two-legged strategy – designed by the EU – to regain control over the Mediterranean.
      Migrants’ rights aren’t human rights

      Libya long ago descended into a precarious state of lawlessness. In the maelstrom of poverty, war and despair, migrants and refugees have become an exploitable resource for rivalling militias in a country where two separate governments compete for power.

      In November 2017, a CNN investigation exposed an entire industry involving slave auctions, rape and people being worked to death.

      Chief spokesman of the UN Migration Agency, Leonard Doyle, describes Libya as a “torture archipelago” where migrants transiting have no idea that they are turned into commodities to be bought, sold and discarded when they have no more value.

      Migrants intercepted by the Libyan Coast Guard (LCG) are routinely brought back to the hellish detention centres for indefinite captivity. Despite EU-leaders’ moral outcry following the exposure of the conditions in Libya, the EU continues to be instrumental in the capacity building of the LCG.

      Libya hadn’t had a functioning coast guard since the fall of Gaddafi in 2011. But starting in late 2016, the LCG received increasing funding from Italy and the EU in the form of patrol boats, training and financial support.

      Seeing the effect of the EU-Turkey deal in deterring refugees crossing the Aegean Sea, Italy and the EU have done all in their power to create a similar approach in Libya.
      The EU Summit

      Forty-two thousand undocumented migrants have so far arrived at Europe’s shores this year. That’s a fraction of the more than one million who arrived in 2015. But when EU leaders met at an “emergency summit” in Brussels in late June, the issue of migration was described by Chancellor Merkel as a “make or break” for the Union. How does this align with the dwindling numbers of refugees and migrants?

      Data released in June 2018 showed that Europeans are more concerned about immigration than any other social challenge. More than half want a ban on migration from Muslim countries. Europe, it seems, lives in two different, incompatible realities as summit after summit tries to untie the Gordian knot of the migration issue.

      Inside the courthouse in Mytilini, Salam Aldeen is questioned by the district prosecutor. The tropical temperature induces an echoing silence from the crowded spectators. The district prosecutor looks at him, open mouth, chin resting on her fist.

      She seems impatient with the translator and the process of going from Greek to English and back. Her eyes search the room. She questions him in detail about the night of arrest. He answers patiently. She wants Salam Aldeen and the four crew members to be found guilty of human smuggling.

      Salam Aldeen’s lawyer, Mr Fragkiskos Ragkousis, an elderly white-haired man, rises before the court for his final statement. An ancient statuette with his glasses in one hand. Salam’s parents sit with scared faces, they haven’t slept for two days; the father’s comforting arm covers the mother’s shoulder. Then, like a once dormant volcano, the lawyer erupts in a torrent of pathos and logos.

      “Political interests changed the truth and created this wicked situation, playing with the defendant’s freedom and honour.”

      He talks to the judge as well as the public. A tragedy, a drama unfolds. The prosecutor looks remorseful, like a small child in her large chair, almost apologetic. Defeated. He’s singing now, Ragkousis. Index finger hits the air much like thunder breaks the night sounding the roar of something eternal. He then sits and the room quiets.

      It was “without a doubt” that the judge acquitted Salam Aldeen and his four colleagues on all charges. The prosecutor both had to determine the defendants’ intention to commit the crime – and that the criminal action had been initialised. She failed at both. The case, as the Italian case against the Iuventa, was baseless.

      But EU’s policy of externalisation continues. On 17 March 2018, the ProActiva rescue vessel, Open Arms, was seized by Italian authorities after it had brought back 217 people to safety.

      Then again in June, the decline by Malta and Italy’s new right-wing government to let the Aquarious rescue-vessel dock with 629 rescued people on board sparked a fierce debate in international media.

      In July, Sea Watch’s Moonbird, a small aircraft used to search for migrant boats, was prevented from flying any more operations by Maltese authorities; the vessel Sea Watch III was blocked from leaving harbour and the captain of a vessel from the NGO Mission Lifeline was taken to court over “registration irregularities“.

      Regardless of Europe’s future political currents, geopolitical developments are only likely to continue to produce refugees worldwide. Will the EU alter its course as the crisis mutates and persists? Or are the deaths of thousands the only possible outcome?

      https://theferret.scot/volunteers-facing-jail-rescuing-migrants-mediterranean

  • Melbourne teen hacked into Apple’s secure computer network, court told
    https://www.theage.com.au/national/victoria/melbourne-teen-hacked-into-apple-s-secure-computer-network-court-told-201

    A Melbourne private schoolboy who repeatedly broke into Apple’s secure computer systems is facing criminal charges after the technology giant called in the FBI. The teen, who cannot be named for legal reasons, broke into Apple’s mainframe from his suburban home on multiple occasions over a year because he was such a fan of the company, according to his lawyer. The Children’s Court heard on Thursday that he had downloaded 90gb of secure files and accessed customer accounts. His offending (...)

    #Apple #procès #hacking #addiction

    https://static.ffx.io/images/$zoom_0.1961,$multiply_0.7554296506137866,$ratio_1.777778,$width_1059,$x_0,$y_66/t_crop_custom/t_sharpen,q_auto,f_auto/cd2f0ddc40d2a3565d6e397a19d8fac68b9d719c

  • Opinion | The Pragmatic Left Is Winning - The New York Times
    https://www.nytimes.com/2018/08/09/opinion/columnists/left-sanders-ocasio-cortez-primaries.html

    On Tuesday, Rashida Tlaib, a member of the Democratic Socialists of America, won her primary in Michigan, and she is now overwhelmingly likely to become the first Muslim woman in Congress. In a referendum, people in Missouri voted 2 to 1 to overturn an anti-union “right to work” law passed by the Republican legislature. In an upset, Wesley Bell, a progressive city councilman from Ferguson, Mo., effectively ousted the longtime St. Louis County prosecutor, who many civil rights activists say mishandled the investigation into the police shooting of Michael Brown, the African-American teenager whose 2014 killing set off riots.

    So it was strange to see headlines in the following days arguing that the left wing of the Democratic Party had hit a wall. “Alexandria Ocasio-Cortez’s movement failed to deliver any stunners Tuesday night,” said CNN. “Down Goes Socialism,” announced Politico Magazine, despite the fact that Tlaib’s victory doubles the D.S.A.’s likely representation in Congress. “Socialist torchbearers flame out in key races, despite blitz by Bernie Sanders and Ocasio-Cortez,” said a Fox News headline.

    In part, this spin might just be the inevitable backlash to Ocasio-Cortez’s sudden celebrity. Her primary victory was thrilling and hard-earned, and she’s a charismatic and rousing spokeswoman for her values. But her overnight anointment as the new face of the Democratic Party has created absurdly outsize expectations of her power as kingmaker.

    In truth, there’s nothing surprising about left-wing candidates losing their primaries. The happy surprise is how many are winning. Unsexy as it sounds, the real story of progressive politics right now is the steady accumulation of victories — some small, some major — thanks to a welcome and unaccustomed outbreak of left-wing pragmatism.

    The new generation of left-wing activists, by contrast, is good at self-multiplication. The Democratic Socialists of America alone has done more to build left political power since the 2016 election than the Green Party did in the 18 years after Nader helped elect George W. Bush.

    Just as the Christian Right did in the 1990s, the new electoral left — which also includes groups like Justice Democrats and the Working Families Party — is trying to take over the Democratic Party from the ground up. These activists have, significantly, focused on races for prosecutor, which is a way to create immediate local criminal justice reform. (In Philadelphia, left-wing organizers last year helped elect civil rights lawyer Larry Krasner as district attorney. Among his reforms is the end of cash bail for many misdemeanors and nonviolent felonies.)

    It’s true that several candidates endorsed by Ocasio-Cortez and Sanders lost on Tuesday, including Abdul El-Sayed in Michigan’s gubernatorial primary and Brent Welder in a congressional primary in Kansas. But it’s testament to how far left the Democratic Party’s center of gravity has moved that the winners in those two races — Gretchen Whitmer in Michigan and Sharice Davids in Kansas — could be considered establishment.

    Whitmer supports a $15 minimum wage, marijuana legalization and statewide universal preschool. Davids, a Native American lesbian, former mixed martial arts fighter and lawyer, is running as a bad-ass feminist. One of her ads shows her training in a boxing gym. “It’s 2018, and women, Native Americans, gay people, the unemployed and underemployed have to fight like hell just to survive,” she says. “And it’s clear, Trump and the Republicans in Washington don’t give a damn.”

    It’s certainly true that Davids’s campaign put more emphasis on identity and representation, while Welder, a 2016 Sanders delegate, stressed populist economics. The Democratic Party will likely be weighing the precise balance between those progressive priorities for a long time. But the point is, they are all progressive priorities. After Davids’s victory, Ocasio-Cortez tweeted her congratulations: “Your win is an incredible inspiration to so many, myself included.”

    #Politique_USA #Politique_identité

  • Traveling While Muslim: The Case of the Exploding Chocolate
    https://www.politico.com/magazine/story/2018/08/11/traveling-while-muslim-the-case-of-the-exploding-chocolate-219347

    “... you have my Global Entry card. I’m still detained. Why am I still here, then?” At this point, facing my fourth screening since landing, I wasn’t about to let the supervisor off without answering me.

    “What do you do for a living?” the supervisor asked.

    I knew this question was coming. I detest this question. I know from experience that if I tell CBP up front that I’m a civil rights lawyer, they’ll let me go in a flash. As a general rule, I don’t—because it’s not fair. I shouldn’t have to be a lawyer to get equal treatment under the law. I travel internationally six to eight times per year, and it doesn’t surprise me to get stopped at least half of those times. Every time I mention I’m a lawyer, they release me immediately. Funny how that works—they know they’re illegally profiling me because of my name, skin color or religion.

    As all this flashed through my mind I looked directly at the supervising CBP officer and said, “I’m a civil rights lawyer with expertise on racial and religious discrimination and profiling.”

    Womp, womp.

    He grew silent. I continued. “I’m asking for the last time. What law have I broken? How was I non-compliant?”

    Rather than answer, he responded, “Well, I think everything checks out. You can go.”

    #harcèlement #racisme #etats-unis

  • Coordinated raids of Zwiebelfreunde at various locations in Germany - torservers.net blog
    https://blog.torservers.net/20180704/coordinated-raids-of-zwiebelfreunde-at-various-locations-in-germany

    On June 20th, police raided five locations in Germany, nicely coordinated at 6:00 in the morning: The private homes of all three board members, Jens, Juris and Moritz, our registered headquarters in Dresden (a lawyer’s office), and the home of a previous board member.

    Please check the bottom of this page for links to various press reports about these raids detailing what happened. We will update that section regularly.

    #tor #police

  • The next local control fight? Like Uber before, city regulations for AirBnB and HomeAway are in the crosshairs | The Texas Tribune
    https://www.texastribune.org/2018/04/19/unresolved-legislature-short-term-rentals-become-local-control-fight-c

    This time, the fight is happening in the courts after attempts to overturn short-term rental ordinances failed in the Legislature.

    by Emma Platoff April 19, 2018 12 AM

    When the Zaataris moved to Texas from Lebanon, part of the draw was the American Dream. In Austin, they’re working toward that dream in the real estate business.

    The young couple wants to grow their family — “I’m negotiating for three,” Ahmad Zaatari joked — but they rely on the income from their short-term rental property to support the one child they already have. But with overburdensome regulation, some argue, “the City of Austin wants to shut them down.”

    That claim appears in glossy detail in a promotional video compiled recently by one of Texas’ most influential conservative think tanks. The video closes: “The Zaatari family believed in the American Dream. The Center for the American Future is fighting to keep it alive.”

    The Zataaris are two in a small group of plaintiffs represented by the Center for the American Future, a legal arm of the Texas Public Policy Foundation that filed a suit against the city of Austin in 2016 calling the city’s short-term rental ordinance unconstitutional. That case, which is now winding its way through state appeals courts, has emerged as a likely candidate for review at the state’s highest civil court. And it’s been bolstered by Attorney General Ken Paxton, Texas’ top lawyer, who has sided several times with the homeowners, most recently in a 102-page brief.

    Short-term rentals, a longtime local reality especially widespread in vacation destinations like Austin and Galveston, have become astronomically more popular in the last decade with the rise of web platforms like AirBnB and Austin-based HomeAway. That ubiquity has ripened them for regulation — and for litigation, including more than one case pending before the Texas Supreme Court. In Texas, it’s a new frontier for the simmering state-city fight over local control. Left unresolved last session by the Legislature, short-term rental ordinances have become an issue for the courts.
    From the state house to the courthouse

    More than a dozen Texas cities have some sort of ordinance regulating short-term rental policies, according to a list compiled by the Texas Municipal League. Among the most prominent are Galveston and Fort Worth; San Antonio is bickering over its own. They range widely in scope and severity: Some regulate the number of people who can stay in a short-term rental and what activities they may do while there, while others require little more than a licensing permit.

    The rental services allow people to offer up houses or apartments to travelers for short-term stays. Some landlords are city residents just hoping to make some money off their spare bedrooms. But investors are also known to buy homes for the sole purpose of renting them on AirBnB or HomeAway.

    As short-term rentals grew more popular, cities began to worry that their quiet residential neighborhoods would be overrun with thrill-seeking vacationers or that the investment properties would drive up the cost of housing. Local officials say that short-term renters too often create disruptive party environments that agitate nearby families. But critics of the local regulations say there are already laws in place to regulate that kind of public nuisance.

    Austin’s ordinance, which aims to phase out certain types of short-term rentals entirely and limits how many can exist in any particular area, is one of the state’s oldest and strictest — and it’s situated, of course, in a red state’s blue capital city, making it the perfect backdrop for a familiar fight.

    Rob Henneke, the TPPF lawyer representing the Zaataris, says Austin’s ordinance violates fundamental rights like equal protection — why should short-term renters be treated any different from long-term renters? — and property rights — why should owners be kept from leasing their homes however they choose?

    “It is a fundamental right to lease your property,” Henneke said. “It makes no sense — and is inconsistent with that — to try to bracket that right in some way.”

    The city counters that it has the right to regulate commercial activity within its boundaries and that its ordinance is important for city planning purposes. The ordinance addresses critical issues in the city like rising real estate prices and noise complaints from obnoxious “party houses,” said Austin City Council member Kathie Tovo.

    Beyond the question of whether short-term rentals should be regulated is the question of who should regulate them. For Tovo, it recalls the recent fight over Uber and Lyft, which ended when the Legislature overturned Austin’s safety regulations for the ride-hailing apps. City officials sit closer to their constituents, she said, so they are better positioned to write rules that benefit their communities.

    “It is an example of what we regard as state overreach," she said. “And those of us on the ground who represent our communities are in the best position to know what ordinance and regulations are responses to their needs.”

    Henneke, meanwhile, advocates for uniformity statewide — if there are to be restrictions at all.

    “If short-term rentals are going to be regulated, it should be at the state level to ensure statewide consistency and to protect property owners from a patchwork quilt of overly burdensome regulations at the local level,” Henneke said.

    The current fight, said Texas Municipal League Executive Director Bennett Sandlin, fits into a disturbing pattern of state lawmakers trying to consolidate power at the Capitol by taking it away from the cities.

    “It’s absolutely a recent … concerted effort to say that — the allegation that cities are against liberty, and you should have the liberty to do anything you want to do with your house including turn it into a party barn,” he said. “We support liberty but we also support liberty of the neighbors to keep their property values up and keep their yards free of beer cans.”

    The Legislature did try to tackle the short-term issue last year. The effort that went furthest was a bill by state Sen. Kelly Hancock, R-North Richland Hills, that passed the upper chamber but died in the House in the waning days of the regular session. A similar bill championed by state Rep. Tan Parker, R-Flower Mound, never even got a committee vote. Neither Hancock nor Parker returned requests for comment.

    Those measures struggled to find sufficient support even in a session rife with local control issues. All told, by the end of August, the 85th Legislature had passed state laws overriding city rule on issues ranging from tree maintenance to ride-hailing regulations. Gov. Greg Abbott, a Republican, even expressed support for a “broad-based law” to pre-empt local regulations, but no such bill passed.

    Short-term rental ordinances, some say, share all the hallmarks of the memorable fight over ride-hailing companies like Uber and Lyft. A new technology platform makes an age-old practice simpler; a liberal-leaning city council moves to regulate it. Eventually, the state steps in and opposes that local ordinance to protect “freedom and free enterprise.”

    But while local control battles have raged in Texas since Abbott took office decrying a “patchwork of local regulations,” they have mostly been fought on the floors of the Legislature. (One notable exception is an ongoing legal fight over the city of Laredo’s ban on plastic bags, a case the Texas Supreme Court is expected to resolve in the next few months.) This court fight is a comparatively new playbook for opponents of local control.

    “Opponents of local government are happy to challenge these ordinances either in the state House or in the courthouse,” Sandlin said. “They will absolutely take any avenue they can to go after it.”
    “Business” or “residential”?

    The Zaatari case isn’t the only lawsuit that has challenged a local short-term rental ordinance, but it is the most prominent. A Houston appeals court ruled in 2015 that in certain circumstances short-term rental ordinances can violate property rights; in Travis County, another pending case asks whether Austin’s ordinance is unconstitutionally vague.

    “Part of it seems to be that local government takes unusual positions when suddenly the internet becomes involved. ... Here in Austin, it’s been documented that short-term rentals have been an encouraged practice for over 100 years, and yet suddenly when the internet provides a way of efficiently connecting buyer and seller, everybody just has to go crazy and adopt a bunch of rules,” Henneke said. “I think it’s a need for control and a need for regulation for the sake of regulation.”

    In the meantime, the issue is being litigated on other fronts.

    A Texas Supreme Court case argued in February asks whether, for the purposes of homeowners’ associations’ hyperlocal deed restrictions, short-term rentals should be considered primarily “business” or “residential.” That case won’t have direct legal bearing on local ordinances, but the fact that it’s ascended to the state’s highest civil court signals that the issue is set for a legal reckoning.

    About a decade after the industry grew popular, “a lot of issues are coming to a head,” said Patrick Sutton, a lawyer arguing that Texas Supreme Court case and many other short-term rental lawsuits.

    Short-term rental companies like HomeAway say they agree that their industry should be regulated — they say they’re eager, in fact, to collaborate on regulations. But many involved in the issue think those restrictions are best established democratically.

    “Sharing presents a new set of public policy challenges,” Sutton said. “What upsets me is that these issues should be worked out politically. They should be worked out in the state house, and they should be worked out in the voting hall at subdivisions… But that didn’t happen.”

    Disclosure: The Texas Public Policy Foundation, HomeAway, the Texas Municipal League, Uber and Lyft have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism.

    #Airbnb #tourisme #logement #USA #Texas #Austin

  • Community IP: the case for an ICO Patent fund
    https://hackernoon.com/community-ip-the-case-for-an-ico-patent-fund-6ceb2098980c?source=rss----

    In 2014 I applied for a patent on the particular type of hardware wallet i was developing at the time. I thought it was a good idea, once before someone else had patented something I had publicly disclosed and thought it a necessary to protect myself going forward. Long story short- I abandoned the patent process after vehement protest from some members in the then Bitcoin community. (Interestingly, I paid my lawyer in Bitcoin- perhaps one of the first transactions of it’s kind: BitcoinTalk). At the time I had been convinced the precedent was a bad one to follow, but I’ve never stopped thinking about how the ‘real’ world intersects with #blockchain- and how blockchain is increasingly become the ‘real’ world.It is inevitable that elements of blockchain will be patented, it’s already happening. (...)

    #patents #copyright #ico-patent-fund #community-ip

  • Anonymous snipers and a lethal verdict

    We may never know the name of the soldier who killed Razan al-Najjar. But we do know the names of those who gave the order enabling him to kill her

    Amira Hass Jun 05, 2018

    Haaretz.com
    https://www.haaretz.com/opinion/.premium-anonymous-snipers-and-a-lethal-verdict-1.6151967

    We know her name: Razan al-Najjar. But what’s his? What’s the name of the soldier who killed her, with direct fire to the chest last Friday? We don’t know, and we probably won’t ever know.
    In contrast to the Palestinians suspected of killing Israelis, the Israeli who killed Najjar is protected from exposure to the cameras and an in-depth breakdown of his family history, including his relatives’ participation in routine attacks on Palestinians as part of their military service or their political affiliation.
    Demanding Israeli microphones will not be pushed into his face with probing questions: Didn’t you see she was wearing a paramedic’s white robe when you aimed at her chest?
    Didn’t you see her hair covered with a head scarf? Do your rules of engagement require you to shoot at paramedics, men and women as well, and at a distance of about 100 meters (some 330 feet) from the border fence? Did you shoot at her legs (why?) and miss because you’re useless? Are you sorry? Do you sleep well at night? Did you tell your girlfriend it was you who killed a young woman the same age as her? Was Najjar your first?
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    The anonymity of our soldiers picking off and killing Palestinians is an inseparable part of the culture of Israeli impunity. We are above it all. Immune from everything. Allowing an anonymous soldier to kill a young paramedic with a bullet that hit her in the chest, exiting from her back, and continuing on with our lives.
    >> ’We die anyway, so let it be in front of the cameras’: Conversations with Gazans
    There are lots of pictures of Najjar on the internet: She stood out as one of the few women among the first aid teams operating at the “March of Return” protest sites since March 30.
    After two years’ training, she volunteered for the Palestinian Medical Relief Society. She happily gave interviews, including to The New York Times’ correspondent in Gaza, speaking about the ability of women to act under difficult conditions no less so than men – and even better than them. She knew how dangerous her job was. A paramedic was killed by Israel Defense Forces fire on May 14, dozens of others were injured and suffocated as they ran to rescue the wounded.
    Najjar, 21 at the time of her death, was from the village of Khuza’a, east of Khan Yunis. In interviews, she was not asked about the wars and Israeli military attacks during her childhood and later. It is hard to find their scars in her pleasant face seen on screen. In every interview, she is seen wrapped in a head scarf of a different color – and each time it is wrapped around her head stylishly, meticulously, showing an investment of time and thought. The color reveals a love for life, despite all she had gone through.
    We do not know the name of the soldier, but we do know who is in the chain of command that ordered and enabled him to kill a 21-year-old paramedic: Southern Command chief Maj. Gen. Eyal Zamir. IDF Chief of Staff Lt. Gen. Gadi Eisenkot. Military Advocate General Brig. Gen. Sharon Afek and Attorney General Avichai Mendelblit, both of whom approved the wording of the rules of engagement, as the High Court justices were told before they denied petitions against the shooting at protesters along the border fence.
    Despite all the testimony about civilian fatalities and horrifying injuries, the justices chose to believe what they were told in the name of the military by Avi Milikovsky, a lawyer from the State Prosecutor’s Office: The use of potentially lethal force is taken only as a last resort, in a proportionate manner and to the minimal extent required.
    Please explain how this tallies with the death of Najjar, who was treating a man injured directly by a tear-gas canister. An eyewitness told The New York Times that while the injured man was being taken to an ambulance, her colleagues were treating her because she was suffering the effects of the tear gas. Then shots were heard and Najjar fell.
    High Court Justices Esther Hayut, Hanan Melcer and Neal Hendel presented the army with an exemption from investigation and an exemption from criticism on a silver platter. In doing so, they joined the chain of command that ordered our anonymous soldier to fire at the chest of the paramedic and kill her.

  • Anonymous #Snipers and a Lethal Verdict
    https://www.haaretz.com/misc/article-print-page/.premium-anonymous-snipers-and-a-lethal-verdict-1.6151967

    We do not know the name of the soldier, but we do know who is in the chain of command that ordered and enabled him to kill a 21-year-old paramedic: Southern Command chief Maj. Gen. Eyal Zamir. IDF Chief of Staff Lt. Gen. Gadi Eisenkot. Military Advocate General Brig. Gen. Sharon Afek and Attorney General Avichai Mendelblit, both of whom approved the wording of the rules of engagement, as the High Court justices were told before they denied petitions against the shooting at protesters along the border fence.

    Despite all the testimony about civilian fatalities and horrifying injuries, the justices chose to believe what they were told in the name of the military by Avi Milikovsky, a lawyer from the State Prosecutor’s Office: The use of potentially lethal force is taken only as a last resort, in a proportionate manner and to the minimal extent required.

    Please explain how this tallies with the death of Najjar, who was treating a man injured directly by a tear-gas canister. An eyewitness told The New York Times that while the injured man was being taken to an ambulance, her colleagues were treating her because she was suffering the effects of the tear gas. Then shots were heard and Najjar fell.

    High Court Justices Esther Hayut, Hanan Melcer and Neal Hendel presented the army with an exemption from investigation and an exemption from criticism on a silver platter. In doing so, they joined the chain of command that ordered our anonymous soldier to fire at the chest of the paramedic and kill her.

    #Israel #crimes#villa_dans_la_jungle#assassins #meurtres #impunité#nos_valeurs

  • How to Talk About Vaccines on Television - Issue 60: Searches
    http://nautil.us/issue/60/searches/how-to-talk-about-vaccines-on-television

    In 2008, John Porter, a Washington, D.C. lawyer and former Republican member of Congress, stood in front of a group of scientists at a meeting of the American Association for the Advancement of Science, and urged them to make their cases to the media and to the people. “America needs you,” Porter said, “fighting for science.” At the time, the number of science articles in American newspapers had shrunk dramatically. Science on television also suffered. CNN dismissed its entire science, space, environment, and technology unit. According to a National Science Foundation report, network nightly news programs from 2000 to 2012 devoted less than 2 percent of air time to science, space, and technology, and less than 1 percent to biotechnology and basic medical research. Nonetheless, (...)

    • U.S. Ambassador Dean Ambushed in Lebanon, Escapes Attack Unhurt - The Washington Post
      https://www.washingtonpost.com/archive/politics/1980/08/28/us-ambassador-dean-ambushed-in-lebanon-escapes-attack-unhurt/218130c3-6d7e-438f-8b0c-a42fc0e5eb57

      1980

      U.S. Ambassador John Gunther Dean escaped unharmed tonight after gunmen in a speeding Mercedes attacked his bulletproof limousine as he was leaving his Hazmieh residence in a convoy.

      The ensuing battle between the ambasador’s bodyguards and the gunmen left the embassy car demolished on the passenger side, with window glass shattered and tires flat, embassy sources said.

      Later this evening, Dean appeared at the gate of the embassy and waved to bystanders but refused to make a statement on the incident. He showed no signs of injury. [The Associate Press, quoting security sources, said Dean’s wife Martine and daughter Catherine also were unharmed.]

      It was the first attempt on an American ambassador’s life in Lebanon since June 16, 1976, when ambassador Francis E. Eloy, economic counselor Robert O. Waring and their chauffeur were kidnaped and killed on their way from West Beirut to East Beirut during the civil war.

      [Several hours after the attack on Dean, gunmen with automatic rifles dragged the Spanish ambassador and his wife from their car and drove away in the embasy vehicle. Ambassador Luis Jordana Pozas told the Associated Press. Jordana said five men pushed them from the car in mostly Moslem West Beirut. There was no indication whether the theft of Jordana’s car was related to the attack on the American diplomat.]

      Today’s attack came just hours after Dean said the United States was working with Israel and the United Nations to end the violence among Christian militiamen and Palestinian guerrillas in southern Lebanon. It was his first public statement since Aug. 21, when he created an uproar by condemning an Israeli raid on Palestinian guerilla strongholds in the area. The U.S. State Department later disavowed the statement.

      There were conflicting reports about the kind of explosive that was aimed at the ambassador’s car. Some local radio stations said it was a rocket, while others said it was a rifle grenade. None of the reports could be confirmed.

      The shooting took place as Dean was driving to Beirut. Excited security guards outside the U.S. Embassy told reporters that a spurt of machine-gun fire followed the explosion.

      The attackers, who abandoned their car, fled into the woods on the side of the highway, Beirut’s official radio said.

      Lebanese Army troops and internal security forces were quickly moved to the ambush site and an all-night search was begun to track down the would-be killers. Reliable police sources said two Lebanese suspected of being linked to the assassination attermpt were taken in for questioning.

      Following a meeting with Lebanese Foreign Minister Fuad Butros today, Dean stressed that "American policy includes opposition to all acts of violence which ignore or violate the internationally recognized border between Lebanon and Israel.

    • The remarkable disappearing act of Israel’s car-bombing campaign in Lebanon or : What we (do not) talk about when we talk about ’terrorism’
      Rémi Brulin, MondoWeiss, le 7 mai 2018
      https://seenthis.net/messages/692409

      La remarquable occultation de la campagne israélienne d’attentats à la voiture piégée au Liban ou : Ce dont nous (ne) parlons (pas) quand nous parlons de terrorisme
      Rémi Brulin, MondoWeiss, le 7 mai 2018
      https://seenthis.net/messages/695020

    • Inside Intel / Assassination by proxy - Haaretz - Israel News | Haaretz.com
      https://www.haaretz.com/1.5060443

      Haaretz 2009,

      Did Israel try to kill the U.S. ambassador in Lebanon in the early 1980s?Haggai Hadas’ experience is not necessarily an advantage in the talks over Gilad Shalit’s release The Israeli intelligence community has committed quite a number of crimes against the United States during its 60-year lifetime. In the early 1950s it recruited agents from among Arab officers serving in Washington (with the help of military attache Chaim Herzog). In the 1960s it stole uranium through Rafi Eitan and the Scientific Liaison Bureau in what came to be known as the Apollo Affair, when uranium was smuggled to Israel from Dr. Zalman Shapira’s Nuclear Materials and Equipment Corporation - in Apollo, Pennsylvania). In the 1980s it operated spies (Jonathan Pollard and Ben-Ami Kadish), and used businessmen (such as Arnon Milchan) to steal secrets, technology and equipment for its nuclear program and other purposes.

      Now the Israeli government is being accused of attempted murder. John Gunther Dean, a former U.S. ambassador to Lebanon, claims in a memoir released last week that Israeli intelligence agents attempted to assassinate him. Dean was born in 1926 in Breslau, Germany (today Wroclaw, Poland), as John Gunther Dienstfertig. His father was a Jewish lawyer who described himself as a German citizen of the Jewish religion who is not a Zionist. The family immigrated to the U.S. before World War II. As an adult Dean joined the State Department and served as a diplomat in Vietnam, Afghanistan and India, among other states.

    • Remi Brulin on Twitter: "Shlomo Ilya was, in the early 1980s, the head of the IDF liaison unit in Lebanon. He is also (in)famous for declaring, at the time, that he only weapon against terrorism is terrorism, and that Israel had options for “speaking the language the terrorists understand.” https://t.co/TKx02n2SpA"
      https://mobile.twitter.com/RBrulin/status/1001904259410071552

  • TRAITOR: The Whistleblower and the “American Taliban”

    http://whistlebl0wer.com/traitor-whistleblower-american-taliban

    This is the the memoir of the Justice Department legal ethics advisor, Jesselyn Radack, who blew the whistle on government misconduct in the case of the so-called “American Taliban,” John Walker Lindh–America’s first terrorism prosecution after 9/11.

    About the Author

    Jesselyn Radack is currently the director of National Security & Human Rights at the Government Accountability Project, the nation’s leading whistleblower organization. Previously, she served on the DC Bar Legal Ethics Committee and worked at the Justice Department for seven years, first as a trial attorney and later as a legal ethics advisor.

    “The Justice Department forced me out of my job” she writes, “placed me under criminal investigation, got me fired from my next job in the private sector, reported me to the state bars in which I’m licensed as an attorney, and put me on the ‘no fly list.’”

    Her offense? She believed, erroneously as it turned out, that the Department would not want to use illegally obtained evidence in its prosecution of John Walker Lindh, an American convert to Islam. He had been imprisoned by Afghan warlords in November 2001 soon after the U.S.-led NATO invasion of the country after 9/11.

    Lindh, then 20, was a California-born convert to Islam. He had travelled to Yemen on a spiritual quest in 2000, and went to Afghanistan in June 2001 to join the Taliban army at a time when the Taliban government, a United States ally in the 1980s, was still receiving United States aid. Lindh survived a harsh POW camp in which more than three quarters of his 400 fellow Taliban POWs died in chaotic conditions along with an American interrogator.

    Radack advised against further federal interrogation of Lindh without a lawyer present because his parents had retained counsel. Later, she blew the whistle when she learned that the department destroyed evidence of her advice, and then withheld the evidence from a Virginia federal court, where Lindh faced charges of murder and treason in a high-profile prosecution helping inflame the public in the earliest stages of the war.

    Radack’s gripping tale describes a culture clash at the Justice Department between due process advocates and conviction-hungry zealots.

    #Jesselyn_Radack

  • Rudy Giuliani won deal for OxyContin maker to continue sales of drug behind opioid deaths | US news | The Guardian
    https://www.theguardian.com/us-news/2018/may/22/rudy-giuliani-opioid-epidemic-oxycontin-purdue-pharma?CMP=Share_Android

    The US government missed the opportunity to curb sales of the drug that kickstarted the opioid epidemic when it secured the only criminal conviction against the maker of OxyContin a decade ago.

    Purdue Pharma hired Rudolph Giuliani, the former New York mayor and now Donald Trump’s lawyer, to head off a federal investigation in the mid-2000s into the company’s marketing of the powerful prescription painkiller at the centre of an epidemic estimated to have claimed at least 300,000 lives.
    The Sackler family made billions from OxyContin. Why do top US colleges take money tainted by the opioid crisis?
    Read more

    While Giuliani was not able to prevent the criminal conviction over Purdue’s fraudulent claims for OxyContin’s safety and effectiveness, he was able to reach a deal to avoid a bar on Purdue doing business with the federal government which would have killed a large part of the multibillion-dollar market for the drug.

    The former New York mayor also secured an agreement that greatly restricted further prosecution of the pharmaceutical company and kept its senior executives out of prison.

    OxyContin became the go-to drug for people looking for an instant high by snorting or injecting.

    “This was the magic pill, right? This was a long-acting pill that the addicts wouldn’t like and you couldn’t get dependent on, and that is the magic bullet. The reality is it just wasn’t true,” said Brownlee. “It was highly deceptive and then they trained their sales force to go out and to push that deception on physicians.”

    Investigators waded through several million of Purdue’s internal memos, marketing documents and notes from sales representatives. Brownlee’s office discovered training videos in which reps acted out selling the drug using the false claims. “This was pushed by the company to be marketed in an illegal way, pushed from the highest levels of the company, that in my view made them a criminal enterprise that needed to be dealt with,” said Brownlee.

    The US attorney had six meetings with Giuliani. They moved from how to interpret the evidence and questions around discovery to negotiations over the final settlement.

    But Giuliani and his team seemed to be also working their Washington contacts. The Purdue lawyers complained to the office of the then deputy attorney general, James Comey, whose tenure as head of the FBI lay ahead of him, that Brownlee was exceeding his legal authority in pursuit of documents from the company.

    “The defence lawyers contacted Mr Comey unbeknownst to us and said those guys down there are crazy,” said Brownlee. The US attorney went to Washington to explain to Comey in person. Purdue was not instantly recognizable as a pharmaceutical company to most people in DC. The name was easily mistaken for Perdue Farms, a regional chicken producer well known for its television ads featuring the owner, Frank Perdue. “Mr Comey said, why are you prosecuting the chicken guy?” said Brownlee.

    Once that misunderstanding was cleared up, Comey signed off on Brownlee’s actions and Purdue was forced to hand over the documents. Brownlee set the drug maker a deadline in October 2006 to agree to the plea deal or face a trial. Hours before it expired, the federal prosecutor received a call at home from a senior justice department official, Michael Elston, chief of staff to the new deputy attorney general, Paul McNulty.

    Elston asked why the case was being pushed along so rapidly and pressed for a delay. The prosecutor again saw the influence of Purdue’s lawyers at work and cut the call short.

    Brownlee said he did not want to be responsible for taking OxyContin off the market and so agreed with Giuliani to target the prosecution at the parent company, Purdue Frederick. That left Purdue Pharma, cleaved out as a separate painkiller manufacturer in 1991, to continue selling the painkiller without restriction even though opioid deaths were escalating.

    “I didn’t feel as a lawyer I could be in a position to bar anyone from getting OxyContin. Faced with that decision, I was just simply not prepared to take it off the market. I didn’t feel like that was my role. My role was to address prior criminal conduct. Hold them accountable. Fine them. Make sure the public knew what they did. ” said Brownlee.

    Brownlee said he expected federal regulators, particularly the Food and Drug Administration, and other agencies to use the criminal conviction to look more closely at Purdue and its drug. But there was no follow-up and OxyContin went on being widely prescribed .

    #Opioides #Purdue_Pharma

  • An Equifax and Facebook Lawyer Will Now Run the FTC’s Bureau of Consumer Protection
    https://theintercept.com/2018/05/17/ftc-bureau-of-consumer-protection-director-andrew-smith

    In a rare party-line vote, the Federal Trade Commission appointed a corporate lawyer who has represented Uber, Equifax, Facebook, and a jailed payday lender to run its Bureau of Consumer Protection. The appointment was one of the first moves of the new five-member panel, all of whom were confirmed by the Senate last month. “I am delighted to appoint such a stellar group of leaders to continue the FTC’s work on behalf of American consumers,” said FTC Chair Joseph Simons in a statement. The (...)

    #Equifax #Google #Facebook #Uber #domination #lobbying #FTC

  • L’absurde lettre du médecin de Trump attestant de son « extraordinaire santé » a été écrite... par Trump

    https://www.huffingtonpost.fr/2018/05/02/labsurde-lettre-du-medecin-de-trump-attestant-de-son-extraordinaire-sante-a-ete-ecrite-par-trump_a_23425153/?ncid=tweetlnkfrhpmg00000001

    La lettre était signée Dr Bornstein, mais le vocabulaire et le style employés avaient immédiatement fait penser à Donald Trump. À juste titre, semble-t-il.

    Celui qui a été le médecin du milliardaire new-yorkais entre 1980 et sa victoire à la présidentielle le 8 novembre 2016 a déclaré sur CNN ce mercredi 2 mai qu’il n’avait pas écrit lui-même le premier certificat de bonne santé de Trump pendant la campagne électorale

    Le document assurait que « les résultats d’examen ne montrent que des résultats positifs », que les analyses faites en laboratoires « sont incroyablement excellentes », que la force et endurance de Trump « sont extraordinaires » et concluait que « s’il est élu, Mr. Trump sera l’individu en meilleur santé à jamais devenir président ».

    « Il m’a dicté toute la lettre. Je ne l’ai pas écrite », assure aujourd’hui Harold Bornstein, qui a laissé son ancien patient entre les mains du médecin de la Maison Blanche lors de sa prise de fonction.

    « C’est de l’humour noir cette lettre. Comme le film ’Fargo’, elle prend la vérité et la déplace dans différentes directions », raconte le généraliste qui détaille que Trump lui a dit ce qu’il voulait voir apparaître dans le courrier alors qu’il se promenait dans Central Park. « Il m’a dicté la lettre et je lui ai dit ce qu’il ne pouvait pas y mettre. Ils sont ensuite venus la chercher vers 16h00 ».

    • Doctor: Trump dictated letter that proclaimed he’d be ‘healthiest’ president
      https://nypost.com/2018/05/01/doctor-trump-dictated-letter-that-proclaimed-hed-be-healthiest-president

      President Trump’s personal doctor admitted on Tuesday that he did not write the hyperbolic 2015 letter that proclaimed Trump would be the “healthiest individual ever elected to the presidency.

      He dictated that whole letter. I didn’t write that letter,” Dr. Harold Bornstein told CNN on Tuesday. “_I just made it up as I went along.”

      Bornstein recently revealed that three men, including President Trump’s former bodyguard, showed up at his office last year and confiscated the president’s medical records.

    • Et l’article évoqué ci-dessus, en fait de la veille (1/05/18), sur la confiscation du dossier médical.

      Doctor : Trump associates raided my office after Propecia reveal
      https://nypost.com/2018/05/01/trump-doc-says-presidents-men-raided-his-office-after-he-revealed-use-of-hai

      Three men, including President Trump’s former bodyguard and one of his company’s lawyers, showed up at his Manhattan doctor’s office last year and confiscated the president’s medical records, a new report said Tuesday.

      Dr. Harold Bornstein said the “raid” happened two days after he told a reporter that he had prescribed a hair loss drug for the intricately coiffed commander-in-chief, NBC News reported.

      Bornstein told the network that he felt “raped, frightened and sad” when Keith Schiller, Trump’s longtime former bodyguard, Trump Organization lawyer Alan Garten and another unidentified “large man” came to his Park Avenue office to collect the president’s records on Feb. 3, 2017.

      At the time, Schiller was the director of Oval Office operations at the White House.

      They must have been here for 25 or 30 minutes. It created a lot of chaos,” Bornstein said.

      Bornstein — who before the election famously claimed that Trump would be the healthiest president in US history — also said the trio ordered him to take down a framed 8-by-10 photo of himself and Trump that had been hanging on the wall in the waiting room.

      Bornstein told NBC the men did not give him a form authorizing the release of the records and signed by the president — known as a HIPAA release — a violation of federal patient privacy law.

      A source said they had a letter to Bornstein from then-White House doctor Ronny Jackson.

      Bornstein said the men grabbed the only copies of the president’s medical records he had, including lab reports in his name as well as others under the pseudonyms that Bornstein’s office used for the president.

      Bornstein said the president fired him after he told the New York Times that Trump took Propecia, a drug prescribed to stimulate hair growth in balding men.

      The doctor also told the Times that he prescribed Trump drugs for rosacea, a skin condition common in light-skinned people of Northern European descent, and cholesterol.

  • Rewriting the Story of Civil Rights.
    https://www.themarshallproject.org/2018/04/30/rewriting-the-story-of-civil-rights

    What does it mean to “change a narrative?” Bryan Stevenson has been insisting on the importance of changing the narrative on criminal justice since he published his best-selling book, “Just Mercy”, in 2014. He’s a death penalty lawyer who likes to say, “We have a system of justice that treats you better if you’re rich and guilty than if you’re poor and innocent.” The notion that locking up more bad guys makes us safer is hard to shake. Law-and-order rhetoric has a new friend in the White House, with an attorney general who wants to double down on harsh sentences. And Stevenson, with the opening of a new museum and lynching memorial that I attended in Montgomery, Alabama, last week, has chosen a more revolutionary approach to fixing criminal justice than the skilful lawyering for which he’s well known. He is rewriting the history of the civil rights movement.To those who follow criminal justice, Stevenson’s new narrative may not sound so new. Lawyer Michelle Alexander argued in her influential 2010 book, “The New Jim Crow”, that white supremacy was never fully vanquished, as slavery gave rise to the horrors of the Jim Crow south. Virulent racism survived the civil rights movement, too, as Jim Crow morphed into a criminal justice system that continues to lock up African-Americans disproportionately. Millions have read Alexander’s book, or seen the video version of it in Ava Duvernay’s 2016 documentary, “13th”.Stevenson is also trying to spread this narrative beyond the criminal justice cognoscenti. His TED talk has been viewed nearly 5 million times, and he has indefatigably toured college campuses and corporate headquarters in recent years, making the case for mercy. Stevenson, who sits on the advisory board of The Marshall Project, once told me that he turns down the majority of the media requests that come his way. Instead, delivering a stump speech that verges on sermon, he seems to be trying to change America one auditorium at a time.

  • « 

    the PLO’s Prisoners’ Committee and the Palestinian Prisoners’ Club said that 353 Palestinian children had been arrested by Israel since the start of 2018.

    In the statement, the two groups said: “In addition to being brutally arrested in the dead of night, they are sometimes intentionally shot with live ammunition during the arrest, insulted, tortured and put under heavy pressure to give false confessions.”

    Read: Ahed Tamimi’s lawyer accuses interrogators of sexual harassment

    “They are also sentenced in absentia, pressured to pay high amounts of money as fines and sentenced to long periods.”

    The statement said that these are only some of the Israeli “crimes” carried out against Palestinian children.

    Between January 2017 and February 2018 Israeli authorities put 102 Palestinian children, most of them from Jerusalem, under house arrest, citing an increase of 15.5 per cent compared to the same period in 2016.
    #PalChild

    Since 2000 and the start of Al-Aqsa Intifada Israel has arrested at least 7,000 Palestinian children, many of whom while underage and turned 18 in prison.

    The number of Palestinian children inside Israeli jails reached record numbers post 2009. In October 2015 there were more than 400 children inside prisons, including 116 between 12 and 15 years old.

     »

    https://www.middleeastmonitor.com/20180405-on-palestine-childrens-day-350-palestinian-children-insi

  • Why 60 Minutes aired photos of lynchings in report by Oprah - CBS News

    https://www.cbsnews.com/news/why-60-minutes-aired-photos-of-lynchings-in-report-by-oprah

    Même remarque pour Eli Vallet :) qui signale cet opus sur son excellent fil (malheureusement sur FB).

    Why 60 Minutes aired photos of lynchings in report by Oprah

    The reason behind the broadcast’s decision to show graphic photographs of lynchings in this week’s report by contributor Oprah Winfrey

    2018 Apr 08 By Brit McCandless Farmer

    Wes Johnson was about 18 years old when he was murdered in a cotton field in southern Alabama. It was 1937, and according to newspaper reports at the time, a mob of men had dragged him from his jail cell before he could stand trial for the charge against him: assaulting a white woman. Today, only one photograph is known to exist of Johnson, a single picture to preserve his image for posterity—his lifeless body hanging from a tree.

    Bryan Stevenson wants to honor the legacy of Johnson, and thousands like him, with a new memorial for victims of lynching in America. Stevenson is a lawyer and founder of the Equal Justice Initiative, a non-profit organization that investigates the lynchings of African Americans. To commemorate the victims whose cases they’ve examined, the organization recently bought six acres of land in Montgomery, Alabama and constructed a memorial.

  • Opinion | When Migrants Are Treated Like Slaves

    People awaiting deportation are being forced to work for little or no pay. We have a name for that.

    We’re familiar with grim stories about black-shirted federal agents barging into apartment complexes, convenience stores and school pickup sites to round up and deport immigrants. We’ve heard far less about the forced labor — some call it slavery — inside detention facilities. But new legal challenges to these practices are succeeding and may stymie the government’s deportation agenda by taking profits out of the detention business.
    Yes, detention is a business. In 2010, private prisons and their lenders and investors lobbied Congress to pass a law ordering Immigration and Customs Enforcement to maintain contracts for no fewer than 34,000 beds per night. This means that when detention counts are low, people who would otherwise be released because they pose no danger or flight risk and are likely to win their cases in immigration court remain locked up, at a cost to the government of about $125 a day.
    The people detained at these facilities do almost all of the work that keeps them running, outside of guard duty. That includes cooking, serving and cleaning up food, janitorial services, laundry, haircutting, painting, floor buffing and even vehicle maintenance. Most jobs pay $1 a day; some work they are required to do pays nothing.
    Workers in immigration custody have suffered injuries and even died. In 2007, Cesar Gonzalez was killed in a facility in Los Angeles County when his jackhammer hit an electrical cable, sending 10,000 volts of direct current through his body. He was on a crew digging holes for posts to extend the camp’s perimeter.
    Crucially, California’s Division of Occupational Safety and Health ruled that regardless of his status as a detainee, Mr. Gonzalez was also an employee, and his employer was found to have violated state laws on occupational safety and health.
    Two of the country’s biggest detention companies — #GEO and #CoreCivic, known as #CCA — are now under attack by five lawsuits. They allege that the obligatory work and eight-hour shifts for no or little pay are unlawful. They also accuse the companies of violating state minimum wage laws, the Trafficking Victims Protection Act and laws prohibiting unjust enrichment.
    The plaintiffs have a strong case. Forced labor is constitutional so long as it is a condition of punishment, a carve-out in the slavery prohibitions of the 13th Amendment. But in 1896, the Supreme Court held that “the order of deportation is not a punishment for crime.” Thus, while private prisons may require work to “punish” or “correct” criminal inmates, judges in three cases have ruled that immigration detention facilities may not. It’s as legal for GEO to force its facilities’ residents to work as it would be to make seniors in government-funded nursing homes scrub their neighbors’ showers.
    GEO’s own defense provides insights into just how much its profits depend on labor coerced from the people it locks up. In 2017, after Federal District Judge John Kane certified a class-action lawsuit on behalf of GEO residents in Aurora, Colo., the company filed an appeal claiming the suit “poses a potentially catastrophic risk to GEO’s ability to honor its contracts with the federal government.”
    Court records suggest that GEO may be paying just 1.25 percent to 6 percent of minimum wage, and as little as half of 1 percent of what federal contractors are supposed to pay under the Service Contract Act. If the plaintiffs win, that’s tens of millions of dollars GEO would be obligated to pay in back wages to up to 62,000 people, not to mention additional payments going forward. And that’s just at one facility.

    GEO’s appeal tanked. During oral arguments last summer, the company’s lawyer defended the work program by explaining that those held in Aurora “make a decision each time whether they’re going to consent to work or not.” A judge interjected, “Or eat, or be put in isolation, right? I mean, slaves had a choice, right?” The 10th Circuit panel in February unanimously ruled that the case could proceed.
    On top of that, last year GEO was sued for labor violations in its Tacoma, Wash., facility. In October, United States District Judge Robert Bryan, a Reagan appointee (!), denied GEO’s motions to dismiss these cases and for the first time allowed claims under the state minimum wage laws to proceed, as well as those for forced labor and unjust enrichment.
    On March 7, 18 Republican members of the House, 12 of whom have private prisons in or adjacent to their districts, sent a letter to the leaders of the departments of Labor, Justice and Homeland Security complaining about the lawsuits. They warned that if the agencies don’t intervene to protect the companies, “immigration enforcement efforts will be thwarted.”
    Those who cheer this outcome should feel encouraged. The measures the representatives asked for — including a statement by the government that those who work while locked up are “not employees” and that federal minimum wage laws do not apply to them — won’t stop the litigation. Agency pronouncements cannot overturn statutes. As long as judges follow the laws, more of the true costs of deportation will be put into the ledgers.
    If the price of human suffering does not deter the barbarism of rounding people up based on the happenstance of birth, then maybe pinched taxpayer wallets will.

    https://www.nytimes.com/2018/04/04/opinion/migrants-detention-forced-labor.html?action=click&pgtype=Homepage&clickSour
    #néo-esclavage #esclavage_moderne #USA #sans-papiers #Etats-Unis #exploitation #travail #migrations #détention_administrative #rétention #privatisation

  • SyrianObserver.com: Assad Confiscates Properties of Absentees Through Legislation
    http://syrianobserver.com/EN/News/34055


    Apr 5th, 2018 by Al-Hal (opposition website)

    Syrian lawyer and rights activist Michel Shammas said that Decree 10 for the year 2018, which was issued by the Syrian regime’s President Bashar al-Assad, “opened the door wide for demographic change and legitimizing the confiscation of the properties of millions of displaced and expelled people.”

    Shammas said on his Facebook page that the decree had a basic aim of preventing displaced and refugees from returning to their homes. He called on all Syrians living in countries of refuge and those in contact with the authorities with whom Syrians have taken refuge to inform them of the decree which deprives refugees of their properties and will therefore prevent them from returning to Syria.

    The lawyer said that the timing of the decree’s issuance will deprive millions of refugees and displaced from establishing their ownership, as most of them are wanted by security forces, adding, “The decree must be stopped from being implemented now, because a safe and calm environment is required after the return of every refugee and displaced person to their homes and areas is ensured and they are able to exercise their rights.”

    Assad issued a decree last Monday which stipulated allowing “for the establishment of one or more organizational zone within the general organizational plans for administrative units by a decree based on the proposal of the minister of local administration and environment and the amendment of some articles of legislative Decree No. 66 for the year 2012.”

    According to experts the new decree will allow for new organizational zones to be established in any province the regime government wants, like the Khalaf al-Razi zone in Damascus, or what is known as the Marotta City project.

    #RECONSTRUCTION #réfugiés #spoliation

  • Facebook Turned Our Economy Into a Spying Operation | Alternet
    https://www.alternet.org/news-amp-politics/our-economy-based-spying

    George H.W. Bush and Bill Clinton sold us on the idea that we no longer needed a manufacturing economy in the U.S. because the internet was coming and it would provide entirely new business models.

    Now we’ve seen what that new economy looks like: spying for sale.

    Facebook takes all the information you give them, which they then use to create profiles to sell advertising to people who want your money or your vote.

    Your internet service provider, with former Verizon lawyer and now head of the FCC Ajit Pai having destroyed net neutrality, will soon begin (if they haven’t already started) tracking every single mouse click, reading every email, and checking out every one of your online purchases to get information they can sell for a profit.

    Your “smart" TV is tracking every show you watch, when and for how long and selling that information to marketers and networks.

    And even your credit card company is now selling your information—what have you bought that you’d rather not have the world know?

    To paraphrase Dwight Eisenhower’s Cross of Iron speech, this is not a real economy at all, in any true sense. It’s a parody of an economy, with a small number of winners and all the rest of us as losers/suckers/“product.”

    While it’s true that Facebook’s malignant business model may well provide a huge opportunity for a competitor to offer a “$3 a month and we don’t track you, spy on you, or sell your data” plan (or even for Facebook to shift to that), it still fails to address the importance of privacy in the context of society and law/rule-making.

    We cannot trust corporations in America with our personal information, as long as that information can make them more and more money. Even your doctor or hospital will now require you sign a form allowing them to sell your information to third parties.

    It’s been decades since we’ve had a conversation in America about privacy. What does the word mean? How should it be applied?

    Just this simple transparency requirement would solve a lot of these problems.

    Business, of course, will scream that they can’t afford compliance with such an onerous requirement. Every time they sell the fact that you love dogs but have a cat allergy and buy anti-allergy medications, they’ll only make a few cents per sale, but it’ll cost them more than that to let you know what part of you and your collective body of information they sold to the allergy medicine manufacturers.

    And that may well be true. It will decrease the profitability of companies like Facebook whose primary business model is spy-and-sell, and will incrementally reduce the revenue to medical groups, credit card companies, and websites/ISPs who make money on the side doing spy-and-sell.

    #Facebook #Médias_sociaux #Vie_privée #Economie_influence

  • Egypt court orders suspension of Uber, Careem services in victory for taxis: sources

    https://www.reuters.com/article/us-egypt-uber/egypt-court-orders-suspension-of-uber-careem-services-in-victory-for-taxis-

    Forty two Egyptian taxi drivers filed a lawsuit a year ago against U.S.-based Uber and its Dubai-based competitor Careem, arguing they were illegally using private cars as taxis. They also claimed that the two firms were registered as a call center and an internet company, respectively.

    Khaled al-Gammal, a lawyer acting for the taxi drivers, said

    the court suspended the two companies’ licenses, banned their apps and suspended the use of private cars by the two ride-hailing services.

    Tuesday’s decision was effective immediately, meaning the companies must suspend services pending a final ruling, although the companies have 60 days to appeal, the judicial sources said.

    Uber said it would appeal and it was not immediately clear when a final ruling would be issued.

    Careem said it had not yet received any official request to stop operations in Egypt, and continued to operate as normal.

    Uber intends to appeal any court decision to suspend ride sharing licenses in Egypt, an Uber spokesperson said.

    “We will do all we can to ensure millions of Egyptians can continue to enjoy the benefits of on-demand transportation,” the Uber official said.

    “We are fully committed to working with the entire sector – including taxis – to improve mobility in Egypt together. We will appeal this decision, and continue to be available in Egypt in the meantime.”

    Uber said Egypt is its largest market in the Middle East, with 157,000 drivers in 2017 signed up and 4 million users having used the service since its launch there in 2014.

    The San Francisco-based company said last year it was committed to Egypt despite challenges presented by sweeping economic reforms and record inflation. In October Uber announced a $20 million investment in its new support center in Cairo.

    It has had to make deals with local car dealerships to provide its drivers with affordable vehicles and adjust its ride prices to ensure its workers were not hit too hard by inflation.

    Egypt is one of Uber’s fastest-growing markets, its general manager in the country, Abdellatif Waked, has said, according to state news agency MENA.

    Related Video
    Egypt’s investment ministry said last year that a draft law regulating web-based transport services would provide a legal framework for companies like Uber, but did not say when that bill was likely to be passed.

    Uber has faced regulatory and legal setbacks around the world amid opposition from traditional taxi services. It has been forced to quit several countries, such as Denmark and Hungary.

    Last year, London deemed Uber unfit to run a taxi service and stripped it of its license to operate. Uber is appealing against the decision.

  • Egypt : Supreme Constitutional Court validates Tiran and Sanafir treaty, overturns previous rulings | MadaMasr

    https://www.madamasr.com/en/2018/03/04/feature/politics/supreme-constitutional-court-validates-tiran-and-sanafir-treaty-overturns-

    The current legal contest over the maritime border demarcation agreement transferring sovereignty of the Tiran and Sanafir islands to Saudi Arabia was brought to a close on Saturday, when the Supreme Constitutional Court (SCC) issued two verdicts that effectively overturned previous rulings, favoring cession of the islands.

    This decision has ended the protracted judicial dispute over the deal that kicked off in 2016 and opened onto several fronts, according to lawyer Tarek Negeida. He adds that the next stage in legally contesting the agreement is likely to begin and could take years to resolve.

    The first of the SCC’s Saturday verdicts rejected two lawsuits filed by the Egyptian State Lawsuits Authority (SLA), the body which represents the government in judicial proceedings. The suits contested the State Council’s jurisdiction over the case, pertaining to two previous rulings issued by administrative courts, on the basis that the deal can be categorized as a “sovereign action.”

    The first State Council ruling was issued by the Court of Administrative Justice (CAJ) in June 2016, invalidating the prime ministers’ signature on the agreement. The second came in January 2017 when the appellate circuit of the Supreme Administrative Court (SAC) upheld the June decision and ruled that the executive branch of the government does not have the administrative authority to cede territory to Saudi Arabia.