Showing posts with label government. Show all posts
Showing posts with label government. Show all posts

Wednesday, September 29, 2004

RIGHTS-ARGENTINA: When Protesting Becomes a Crime

BUENOS AIRES, Sep 27 (IPS) - Social and labour organisations in Argentina demanded that the national government and provincial authorities support a proposal for a draft law that would lead to the dismissal of cases against 4,800 people facing charges based solely on their participation in protests.

The Argentine Workers Central (CTA) trade union confederation and social and human rights groups held demonstrations in Buenos Aires and the provinces of Salta, Neuquen, Jujuy, Catamarca and Tucum'n.

At the end of the demonstration in the capital, the CTA (one of the country's two trade union federations) and other organisations handed over their proposal for a new draft law to Human Rights Secretary Eduardo Luis Duhalde, asking the government to adopt the initiative in order to "de-prosecute" those who have been arrested and charged for taking part in street protests.

"We're not asking for an amnesty, because the people who are facing these charges did not commit any crime," V'ctor Mendibil, on the CTA national board, told IPS. What the organisations are asking for, he said, is an end to the persecution of protesters and activists.

Mendibil said that since 1999, 4,785 activists have been prosecuted for various protest-related offences, like "blocking traffic" or "obstructing economic activity".

Of that total, 1,800 belong to the CTA, which groups trade unions mainly representing public employees and teachers.

The CTA's rival trade union federation is the General Labour Confederation (CGT), which is linked to the most right-wing factions of the governing Justicialista (Peronist) Party.

On Monday, the labour leaders did not blame the government of President N'stor Kirchner - who is from a centre-left sector of the Peronist party -- for what they describe as "judicial persecution". However, they said that if the problem was not swiftly addressed they would hold the national and provincial governments responsible.

The CTA and the Kirchner administration see eye-to-eye on many issues, especially human rights.

Organisations of the unemployed known as "piqueteros" for the roadblocks or "piquetes" that they often stage as a protest strategy, like Barrios de Pie (Neighbourhoods on their Feet) and the Land and Housing Federation (which belongs to the CTA) also held a demonstration in support of the government.

Parliamentary Deputy Luis D'El'a, who heads the Land and Housing Federation, has not escaped legal problems despite his affinity with the government.

D'El'a is facing charges for taking part in the brief occupation of a police station, where officers suspected of complicity in the murder of a community leader who belonged to the Land and Housing Federation worked.

Mendibil said there are labour leaders in the country's northern provinces facing between 30 and 50 separate legal charges each, all of them linked to their participation in street protests demanding respect for social rights that have been guaranteed by the constitution since it was amended to include them in 1994.

The largest number of cases involve former employees of the Spanish-owned Repsol-YPF oil company or its state-run predecessor Yacimientos Petrol'feros Fiscales (YPF).

Many of the workers who were dismissed when the former Argentine state oil monopoly YPF was privatised in the early 1990s are demanding compliance with the agreement through which they were to receive shares in the company.

The charges facing social and labour activists include illicit association to cause damages, blocking traffic, resisting authority and obstructing economic activity.

The latter was added to the penal code to crack down on crimes like fraud, the stripping of a company's assets or business lock-outs, but in the southern province of Santa Cruz the charge was brought this year for the first time against unemployed movement activists who occupied an oil company demanding jobs.

But according to Mendibil, trade unionists are most worried about the charge of "coacci'n agravada" (aggravated coercion), which prosecuting judges are frequently using against those arrested in street protests.

The term "coercion" is applied, for example, to protests in which demonstrators surround a public building and force functionaries to take, or not to take, certain measures, by threatening harm to people or property, Claudio Pandolfi, a lawyer who represents human rights organisations and groups of the unemployed, told IPS.

Pandolfi said that although the Kirchner government has been proactive on human rights, it has "delayed responses to those who are demanding jobs or other social rights, which forces them to take direct action, thus increasing the tension."

"Now the charge of 'coacci'n' is being used to criminalise any protest, as is the charge of 'illegitimate deprivation of liberty', which was created to punish kidnappers but is now being used in cases in which demonstrators keep functionaries from entering or leaving a public office for a few hours," he added.

Pointing out that unemployed activists in Santa Cruz have been charged with "obstructing economic activity", Pandolfi argued that if the offensive against social protests is not curbed, the same charge could be used against workers who go on strike.

"It's absurd. The next thing you know, they'll be accusing protesters of being terrorists," complained the lawyer.

When the economy collapsed in late 2001 after years of recession, the poverty level in this once-rich nation climbed to nearly 60 percent, and now stands at 47.8 percent of the population of 37 million.

Only 35 percent of the workforce is employed in the formal sector of the economy. And although unemployment officially stands at 14.5 percent (and under-employment at 17.6 percent), if the jobless heads of household who draw monthly stipends equivalent to around 50 dollars were counted among the unemployed, the rate would rise to 21 percent.

Households living on less than 115 dollars a month are considered extremely poor, or destitute, a category that now includes about 25 percent of the population.

Millions of people who before the crisis already had only intermittent and informal sector jobs have fallen into chronic unemployment, and depend on the myriad soup kitchens that have cropped up around the country in the past few years.

Because people arrested during demonstrations face the possibility of being held for as long as two years or more until their cases finally make it to trial and they are found guilty or innocent, the trade unions argue that the prosecutions are being used to send a warning to activists and protesters.

The head of the Independent Movement of Pensioners and the Unemployed, Ra'l Castells, who had already been in prison seven times in the past decade, was arrested and transferred to the northeastern province of Chaco in August after occupying a casino in that state in July as part of a protest by hungry people to demand food.

Since the casino managers were unable to provide food, they gave the demonstrators 10,000 pesos (3,300 dollars) to get them to leave the premises. A month later Castells was charged with extortion.

Eleven days ago, he began a hunger strike in prison.

"What they want is to generate fear, teach a lesson to those who continue participating in the protests, make us feel like criminals, so we won't come out and demonstrate the next time around," said Mendibil during a protest.


By Marcela Valente posted 29 September 04

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"Sew-in" in Athens to highlight problems faced by sportswear workers
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Friday, June 28, 2002

2,500 crooked detectives? Or a corrupt Government?

The Wood Royal Commission into police corruption. Where did the police learn their trade skills? Led by example perhaps?

We are all too willing to blame corrupt police, but very little penalties have been given out for those crimes. Some of those penalties are also incredibly reduced. All over Australia people are reporting the same thing. I spoke to the Western Australian newspaper one day. "When there is the commission of a crime (corruption) and no suitable penalty is imposed for that crime, then we have to look deeper to define the hand that meters out penalties in relation to all citizens subject to the law and the law alone and that includes the police, the DPP, Politicians and Government officials at the highest levels.

The reasons stated for not punishing police go something like 'the police are doing their job' or 'in the line of duty, a terribly hard job witnessing incredible scenes etc.' well what of the gravedigger? Government officials and Politicians they didn't do it. Or they only half did it but that's a terribly hard job too. So Why?

For instance: - You're the Premier who uses to be a journalist and your brother died as a result of a heroin overdose. You see a criminal as a dirty word. You are ambitious and a perfectionist. So you decide to make laws that are draconian and give police powers that are above the law, to 'clean up the heroin trade' all the while getting political points in diminishing high profile prisoners and especially 'anyone who would get in the way of your ideal image'.

A 'wish' to say 'get rid of heroin'. You may extend powers of veto to other politicians, peek agencies, police, powers that are out-side the law, and you're thinking 'I will insure a better result for my brother'.

However, police are autonomous and while you're not looking the extra powers led to police selling heroin for money. Now 300 children die of heroin overdose just like your brother.

If I had a wish I would like everyone to obey the law.

Link: Press Council news 1 February 1996 in his regular column, the Council's Chairman, Professor David Flint, discusses some ethical issues arising from media co-operation with police.

After the Bondi Christmas Day riot, the SMH phoned Professor Flint to ask whether the practice of television stations handing over video footage to the police raised ethical issues for the media. He said it did. SMH reported 28 December 1995, Professor Flint said the media had to be very careful in handing over material, which had not been broadcast or printed.

The media are not, and more importantly must not be seen to be, a branch of the police. Serious as this would be, an even more serious result could be that, over time, the independence and objectivity of the media would be compromised. Journalists obviously have to maintain a distance from the police, indeed all authority, as well as their sources. Otherwise that most valuable asset - their credibility would be at risk. [Like the Daily Telegraph perhaps?]

When the government manipulate the police service by stacking it and use the media to give it support then people are convinced, but not everyone.

Link: An Editorial in Framed Magazine dated May 1997 edited by the writer. You can get the full version on the Justice Action Website Justice Action

In late January Sydneysiders heard two extraordinary interviews by Richard Glover, presenter, ABC Radio 2BL with John Avery, former Police Commissioner and Evan Whitton criminal justice investigator. At that stage no one was looking at the Governments officials and their chiefs instead, they were looking at all the Indians.

Evan Whitton: The first thing that happened when a uniformed policeman became recruited into plain clothes, was you were often sent to the Vice Squad. The first thing that happened when you were at the Vice Squad, was you were taken round to collect what he called 'taxes' and 'fees' from working girls and brothels.

Richard: So it was part of the training?

Evan Whitton: Either two things occurred. If you said you didn't join the police force to extort money from working girls, your papers were marked 'not suitable for plain clothes' and you were sent back to uniform.

And if you did take the money, you could expect to go on to other squads Armed Hold-up Squad, the Break-in Squad, the Drug Squad and so on, elements of which also were very seriously into organised crime. Now we should say that it's obvious that some detectives managed to escape that net.

Richard: But it was indeed a net.

Evan Whitton: The older man got hold of a suspect and did the normal thing they do, steal the money the man has got, and he gave this detective $100 and the older detective gave WS13 dollars from the theft. Now he says that and he told Wood " I knew I was stuck". He said " I was starting out as a detective. I would have been branded as a dog, that's an informer, and my career would have been finished". What it does is that single act of corruption locks you in, even if you don't take another penny you are compromised for life.

Richard: Compromised from day one.

Link: December 1997 an editorial in Framed Magazine, Policing Redefined: A Critical View of the Wood Report by Tim Anderson. Edited by the writer. You can get the full version on the Justice Action Website Justice Action

The article suggested the final report of the Police Royal Commission is in many ways a conventional, disappointing document, mostly relying on reshuffling management, 'back-to-basics' patrol policing, integrity based on individualism and increased police powers. For all the Commission's exposure of corrupt practices, there were hardly any recommendations for concrete measures, which would protect citizens from the demonstrated police abuse of existing powers. The government would do well to re-examine these areas.

The strengths of the report were mostly already known. The Commission exposed and identified a wide range of corrupt practices than any inquiry before it. It detailed the much neglected and routinely denied 'process corruption': perjury, planting of evidence, 'verbals' or fabricated confessions, denial of suspects'rights' assaults to induce confessions, posing as a solicitor to induce confessions, tampering with electronic recording equipment.

Few of these had previously been officially identified as 'corruption' though critics had spoken of them for decades.

The Wood Report also failed on two important counts: it failed to support much-needed drug law reform, and it largely ignored community supervision of police.

The Commission promoted a reliance on individuals and the so-called 'unquestioned integrity' of major decision-makers. Police Commissioner, Peter Ryan, it is said, has to be empowered and allowed to manage 'like any other CEO'. In the process, however, the belief in a healthy dispersal of power has been abandoned. Instead, we have the naive belief that an unsupervised, powerful individual working with similarly empowered local commanders can fix the systemic corruption of a very large organisation.

Giving greater powers to the Commissioner and Commanders necessarily means stripping away of the rights of those working under them. Police reacted with understandable anger to the abortive move to remove their rights to appeal a dismissal. "Crims can appeal, why not us they asked, quite reasonably. Special Branch returns and police powers must be extended: what's new? The Protective Security Response Group proposed by Police Commissioner Peter Ryan, within weeks of the abolition of the old Special Branch, was simply rubber stamped by the Royal Commission. With no independent analysis, or explanation of what was wrong with the old political police, this new group was rapidly proposed (presumably because of fears for the Olympics) with a very similar brief and just a few new supervisory rules. The Government should give this more thought.

New emphases on community supervision of police, restitution for those victimised by abuse of police powers, and a respect for civil rights of both police and citizens would better address the problem.

By Gregory Kable 14 May 2002

Related:


How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.

This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.

Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.

Bob down and sniff my arse
These are serious invasions of privacy and draconian laws? Where are our democratic soldiers, the lawyers and the barristers who need to take on the government in the courts? Are they plastic? Or to busy feathering their nests? Or have they been cleverly purchased by this black government. Drug test police and politicians, and have the tests independently accessed.

Come in spinner? Or Come in sinner?
"You don't have, in my view very vigilant processes. I suppose it's akin to the problem of corruption within the police," he told the ABC radio. " People say there's corruption with the police (but) do you get the police to investigate problems within their own ranks?

Deeds
I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.

Truth
Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.

Honesty
What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.

Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?

Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.

Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:

Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.

Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').

Monday, April 8, 2002

Tele Tales

Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

The story goes that they bend over and Cop-it off the Police Service. If they don't they don't get all the stories first hand. Nor do they get work (advertising) off the Government unless they produce lies and propaganda as well.

So bend over, and cop this. I sent your paper articles in relation to the Loser Gang (bikies) in particular Rebells, Polair and off duty police working together.

I picked up your Saturday edition 6 April 2002 while sitting on a park bench.There it was a racist article in relation to a list of so called ethnic (labels) gangs in our schools. But I didn't see the Loser Gang the agents who sell heroin and guns and employ youths and children in our schools. I did not see anything in relation to the fact that the Police Service Green light these bikies and in fact work with them off duty.

Perhaps if you want to give out Blue Ribbons to police who die in the line of duty then tell us why the constable was driving in an unmarked Police vehicle. Then you can go on and hand out Red Ribbons to the fireman who died in the line of duty. Then you can hand out Crimson Ribbons to all the Children who died because the Police Service sold them heroin in the line of their Survival.

What about Purple Ribbons to all the Garbage collectors who are nocked down and killed by motorists in the line of their work. What about Green Ribbons to all those Prisoners set up incarcerated and killed in the line of their Survival.You can go on to hand out Black Ribbons to all those people Murdered by Police and Civilians alike.

Only then can you tie a Yellow Ribbon around the Old Oak Tree.

Then we wont end up with another hit squad purported to be required because of the so-called alarming guns culture.

Police who will spend there time stalking innocent citizens instead of policing. I might add what about real police work. Perhaps they could take over and thoroughly investigate unsolved murders.

By William Tell 8 April 2002

ED: Sunday is Sunday without the Daily Telegraph Ruff Ruff.

Related:

Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?

Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.

Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:

Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.

Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').