Mexican authorities engaging in campaign of murders, disappearances, and torture

By Cyril Mychalejko / Toward Freedom

The War on Drugs is becoming another “Dirty War” in Mexico, with the tactic of enforced disappearances reappearing as a commonplace occurrence in the country.

“Enforced disappearances in Mexico have happened in the past and continue to happen today,” the UN Working Group on Enforced or Involuntary Disappearances stated during a presentation of its findings in March.

The UN Group noted that during the country’s first “Dirty War”, which lasted from the late 1960’s to the early 1980’s, enforced disappearances was a systematic State practice used against students, indigenous peoples, peasants, activists and anyone suspected of being a critic or opponent of the government.

“While the Cold War provided the pretext to disappear social movement actors and people opposed to regimes, the War on Drugs again provides pretexts to disappear people opposed to government policies,” said Stuart Schussler, the Mexico Solidarity Network’s International Solidarity Coordinator. “When you disappear people it’s a crime against the whole community and an assault on its social fabric. As a result, people become afraid to speak up and to organize.”

Now that this practice has reappeared in the country’s latest conflict, the UN notes that the cases of disappearances share the same patterns of widespread impunity, secrecy and lack of reparations and justice for the victims as in the past.

“The refusal of the authorities to recognize the true dimensions of this phenomenon and the involvement of public officials in these crimes – whether by commission, omission, or collusion with organized crime groups – has enabled this crime to spread to many parts of the country,” Amnesty International stated in response to the UN’s findings.

Since President Felipe Calderon deployed the military to combat narco-trafficking in December 2006, over 50,000 people have been murdered—more than the death toll for the 11-year war in Afghanistan. According to Mexico’s National Human Rights Commission, between 2006 and April 2011, 5,937 people have been reported lost or missing, while 8,898 murdered people remain unidentified. Much of this violence, which has been carried out by the Mexican government, military, and police, has been subsidized by U.S. taxpayers though the Merida Initiative, a counter-narcotics policy modeled after Plan Colombia, which provides Mexico with $1.6 billion in aid that is supposed to have human rights requirements.

“Instead of reducing violence, Mexico’s ‘war on drugs’ has resulted in a dramatic increase in killings, torture, and other appalling abuses by security forces, which only make the climate of lawlessness and fear worse in many parts of the country,” said José Miguel Vivanco, Americas director at Human Rights Watch (HRW).

The UN Group noted that groups targeted include women, migrant workers, human rights defenders and journalists. It also noted that although drug cartels are responsible for these acts, it received “detailed documentation” that public authorities and military personnel are believed to be responsible for numerous cases.

HRW published a report in November 2011 which supports these charges. The report documented 39 cases of disappearances where evidence “strongly suggests” government involvement. It states: “The cases follow a pattern: victims are arbitrarily detained by soldiers or police, their detentions never officially registered, and they are not handed over to prosecutors. In the immediate aftermath of such detentions, victims’ relatives routinely seek information from security forces and justice officials, who deny having the victims in their custody.”

This lawlessness and failure to investigate and prosecute crimes was of great concern to the UN. In fact, 24 states in Mexico have not even criminalized the offense, while “less than 25 per cent of offenses are reported and only 2 per cent result in conviction.”

“The victims of enforced disappearances have no faith in the justice system, prosecution services, the police or Armed Forces. The chronic pattern of impunity still exists in cases of enforced disappearance and sufficient efforts are not being made to determine the fate or whereabouts of persons who have disappeared, to punish those responsible and to guarantee the right to the truth and reparation,” the UN Group’s report stated. “It would seem that Mexico is unwilling or unable to conduct effective investigations into cases of enforced disappearance.”

HRW’s Vivanco added that this leaves victims’ families with the burden of searching for their loved ones. The UN also noted that the government has also consistently dismissed the crimes by suggesting that the victims were involved in illicit activities, much like how the victims of Cold War state terror in the region were often labeled communists.

Mothers from across Mexico marched to the nation’s capital this past Mother’s Day on behalf of their loved ones who have been disappeared to demand justice.

“For some it has been years, for others months or days, of walking alone, of clamoring in the desert of the hallways of indolent and irresponsible authorities, many of them directly responsible for (disappearances) or complicit with those who took (loved ones) away,” the mothers’ group said in a communiqué.

From Toward Freedom: http://www.towardfreedom.com/home/americas/2831-dirty-war-tactic-of-disappearances-reappears-in-mexico

2008 oil spill in Niger Delta was 60 to 200 times worse than claimed by Shell

By Amnesty International

A major oil spill in the Niger Delta was far worse than Shell previously admitted, according to an independent assessment obtained by Amnesty International and the Centre for Environment, Human Rights and Development (CEHRD), which exposes how the oil giant dramatically under-estimated the quantities involved.

The spill in 2008, caused by a fault in a Shell pipeline, resulted in tens of thousands of barrels of oil polluting the land and creek surrounding Bodo, a Niger Delta town of some 69,000 people.

The previously unpublished assessment, carried out by US firm Accufacts, found that between 1,440 and 4,320 barrels of oil were flooding the Bodo area each day following the leak. The Nigerian regulators have confirmed that the spill lasted for 72 days.

Shell’s official investigation report claims only 1,640 barrels of oil were spilt in total. But based on the independent assessment the total amount of oil spilt over the 72 day period is between 103,000 barrels and 311,000 barrels.

Audrey Gaughran, Director of Global Issues at Amnesty International, said:

“The difference is staggering: even using the lower end of the Accufacts estimate, the volume of oil spilt at Bodo was more than 60 times the volume Shell has repeatedly claimed leaked.

“Even if we use the start date given by Shell, the volume of oil spilt is far greater than Shell recorded.”

Shell’s oil spill investigation report also claims that the spill started on 5 October 2008 – while the community and Nigerian regulators have confirmed a start date of 28 August 2008.

What is not in dispute is that Shell did not stop the spill until 7 November – four weeks after it claims it began – and 10 weeks after the start date given by the community and the regulator.

Converting the amount into litres, Shell’s figure is just over 260,000 litres, while the lowest estimate based on the Accufacts assessment, and using Shell’s start date, would be 7.8 million litres.

However, using the start date given by the community and regulator and the higher end of the estimate, then it is possible that as much as over 49 million litres of oil spilt at Bodo.

The publication of the independent assessment coincides with a global week of action in which people from across the world are calling on Shell to stop hiding from the devastating impact of its operations in the Niger Delta on people’s lives and the environment.

The serious under-recording at Bodo also has wider implications: Shell repeatedly claims to its investors, customers and the media that the majority of the oil spilt in the Niger Delta is caused by sabotage.

The basis for this claim is the oil spill investigation process, which is deeply flawed and lacks credibility. The cause of spills, the volume of oil spilt, and other important parameters like the start date, are not recorded in any credible way.

Bodo is one example but Amnesty International and CEHRD have also exposed serious failings in other oil spill investigations.

Both organisations have repeatedly called for an independent process for investigation of oil spills, and an end to the system that allows oil companies to have such influence over the process.

Shell initially claimed to the media that 85 per cent of oil spilt in the Niger Delta in 2008 was caused by sabotage. The company later admitted that this figure did not include a major oil spill that was subsequently found to be due to operational failures.

Based on the new evidence obtained by Amnesty International and CEHRD about the 2008 Bodo oil spill more than half of the oil spilt in the Niger Delta in 2008 was due to operational failures – and possibly as much as 80 per cent. However, given the serious flaws in the oil spill investigation process, all oil spills would have to be subjected to independent assessment to obtain accurate figures.

Audrey Gaughran said:

“Sabotage is a real and serious problem in the Niger Delta, but Shell misuses the issue as a PR shield and makes claims that simply don’t stand up to scrutiny.”

More than three years after the Bodo oil spill, Shell has yet to conduct a proper clean up or to pay any official compensation to the affected communities. After years of trying to seek justice in Nigeria the people of Bodo have now taken their claim to the UK courts.

Patrick Naagbanton, Coordinator of CEHRD, added:

“The evidence of Shell’s bad practice in the Niger Delta is mounting. Shell seems more interested in conducting a PR operation than a clean-up operation. The problem is not going away; and sadly neither is the misery for the people of Bodo.”

This week thousands of activists in more than 14 countries – from Japan to Sweden, Senegal to the USA, as well as in Shell’s home countries the Netherlands and the United Kingdom – are taking part in events and protests, including outside Shell’s offices and petrol stations, calling on Shell to clean up its act in the Niger Delta.

Amnesty International is also running an online petition calling on Shell’s Chief Executive Peter Vosser to act.

The week will reach a climax when affected communities stage a peaceful demonstration outside Shell’s offices in Port Harcourt in the Niger Delta.

From Amnesty International

Brazil’s Supreme Court accepts “sex work” defense for man who raped three 12-year-old girls

By Amnesty International

The acquittal by Brazil’s Supreme Court of a man accused of raping three 12-year-old girls on the basis that they were allegedly “sex-workers” is an outrageous affront to the most basic human rights and it has no place in Brazil today, said Amnesty International.

The decision confirmed earlier rulings by state-level courts in Sao Paulo, where the original report was filed. The defence claimed the three girls were “sex workers” and therefore had consented.

Under Brazil’s 2009 Penal Code, sexual intercourse with an individual under 14 years of age is criminalised under any circumstance.

“Rape is never the fault of the victim. This shocking ruling effectively gives a green light to rapists and if it prevails could dissuade other survivors of sexual abuse from reporting these crimes,” said Atila Roque, Executive Director at Amnesty International in Brazil.

“It is of extreme concern that the protections provided by Brazil’s legislation in cases such as these have not been implemented.

“Amnesty International welcomes the news that the government is calling for the case to be appealed. Brazilian justice must ensure the full protection of victims of this heinous crime and that those responsible are brought to justice. Rape is a grave human rights violation in all circumstances.”

From Amnesty International: http://amnesty.org/en/news/brazil-outrageous-supreme-court-ruling-gives-green-light-rapists-2012-04-02

500 deaths attributed to tasers in the United States since 2001

By Amnesty International

The deaths of 500 people following police use of Tasers underscores the need for tighter rules limiting the use of such weapons in law enforcement, Amnesty International said.

According to data collected by Amnesty International, at least 500 people in the USA have died since 2001 after being shocked with Tasers either during their arrest or while in jail.

On 13 February, Johnnie Kamahi Warren was the latest to die after a police officer in Dothan, Alabama deployed a Taser on him at least twice. The 43-year-old, who was unarmed and allegedly intoxicated, reportedly stopped breathing shortly after being shocked and was pronounced dead in hospital less than two hours later.

“Of the hundreds who have died following police use of Tasers in the USA, dozens and possibly scores of deaths can be traced to unnecessary force being used,” said Susan Lee, Americas Programme Director at Amnesty International.

“This is unacceptable, and stricter guidelines for their use are now imperative.”

Strict national guidelines on police use of Tasers and similar stun weapons – also known as Conducted Energy Devices (CEDs) – would effectively replace thousands of individual policies now followed by state and local agencies.

Police forces across the USA currently permit a wide use of the weapons, often in situations that do not warrant such a high level of force.

Law enforcement agencies defend the use of Tasers, saying they save lives and can be used to subdue dangerous or uncooperative suspects.

But Amnesty International believes the weapons should only be used as an alternative in situations where police would otherwise consider using firearms.

In a 2008 report, USA: Stun Weapons in law Enforcement, Amnesty International examined data on hundreds of deaths following Taser use, including autopsy reports in 98 cases and studies on the safety of such devices.

Among the cases reviewed, 90 per cent of those who died were unarmed. Many of the victims were subjected to multiple shocks.

Most of the deaths have been attributed to other causes. However, medical examiners have listed Tasers as a cause or contributing factor in more than 60 deaths, and in a number of other cases the exact cause of death is unknown.

Some studies and medical experts have found that the risk of adverse effects from Taser shocks is higher in people who suffer from a heart condition or whose systems are compromised due to drug intoxication or after a struggle.

“Even if deaths directly from Taser shocks are relatively rare, adverse effects can happen very quickly, without warning, and be impossible to reverse,” said Susan Lee.

“Given this risk, such weapons should always be used with great caution, in situations where lesser alternatives are unavailable.”

There are continuing reports of police officers using multiple or prolonged shocks, despite warnings that such usage may increase the risk of adverse effects on the heart or respiratory system.

Deaths in the past year include Allen Kephart, 43, who died in May 2011 after he was stopped by police for an alleged traffic violation in San Bernardino County, California. He died after three officers shocked him up to 16 times. The officers were later cleared of wrongdoing.

In November 2011, Roger Anthony fell off his bicycle and died after a police officer in North Carolina shot him with a stun gun. The officer reportedly shocked Anthony – who had a disability and hearing problems – because he did not respond to an order to pull over.

Neither man was armed when police shocked them.

“What is most disturbing about the police use of Tasers is that the majority of those who later died were not a serious threat when they were shocked by police,” said Susan Lee.

From Amnesty International:

Israel planning to forcibly remove Bedouin communities to garbage dump

By Ma’an News Agency

BETHLEHEM (Ma’an) — Amnesty International on Wednesday urged Israel to cancel plans to forcibly displace around 2,300 Bedouin residents from a Jerusalem district.

“Thousands of Bedouin living in some of the most vulnerable communities in the West Bank are facing the destruction of their homes and livelihoods under this Israeli military plan,” Ann Harrison, interim Deputy Director for Amnesty International’s Middle East and North Africa Program, said.

“Many are registered refugees and some have been displaced multiple times since 1948,” she added.

In July 2011, Israel’s civil administration officials first told UN agencies of a plan to evict some 2,300 residents of 20 Bedouin communities in a Jerusalem district to a site approximately 300 meters from the Jerusalem municipal garbage dump, an Amnesty statement said.

The communities are all currently located near illegal settlements in the Maale Adumim settlement bloc, many of them in areas targeted for settlement expansion.

Community representatives told Amnesty International that they reject the plan because it would be impossible for them to maintain their traditional way of life if they were moved to a restricted area near the garbage dump.

Israeli officials have emphasized that the displacement plan envisions connecting relocated Bedouin communities to the electricity and water networks. They have not explained why Israel can provide such services to illegal settlements and unrecognized settler outposts in the West Bank, but not to longstanding Bedouin communities.

“Israeli military officials are putting a gloss on their plans by portraying them as a way of providing Bedouin with basic amenities such as water and electricity, but in fact such forcible relocation of Bedouin would merely perpetuate years of dispossession and discrimination and could constitute a war crime,” said Ann Harrison.

Building in illegal Israeli settlements increased by 20 per cent in 2011, according to the Israeli monitoring group Peace Now, and the Israeli authorities moved to recognize 11 new settlements, home to some 2,300 settlers, by legalizing outposts built without governmental authorization.

Israeli demolitions of Palestinian homes in the West Bank forcibly evicted almost 1,100 people in 2011, an 80 per cent increase over 2010 and more than any year since the UN began keeping comprehensive records in 2005.

Ninety per cent of the demolitions occurred in vulnerable farming and herding communities in Area C, including demolitions in several of the Jahalin Bedouin communities.

From Ma’an News Agency: http://www.maannews.net/eng/ViewDetails.aspx?ID=458823