Nepal: End Torture of Children in Police Custodypali government

November 19, 2008

Nepali Children’s Day Marred by Ongoing Reports of Abuse

The Nepali police have a duty to protect children and to prevent crime. Instead, by torturing children in custody they are committing crimes against those they are supposed to be protecting.

Bede Sheppard, Asia researcher for the Children’s Rights Division
Downloadable Resources:

(New York, November 18, 2008) – The Nepali government should urgently address the widespread torture and ill-treatment of children in police custody, Human Rights Watch said today in a statement marking Nepali Children’s Day on November 20. So far in 2008, Human Rights Watch has received credible claims of more than 200 cases of torture or abuse committed by members of the Nepali police against boys and girls, some as young as 13.

“The Nepali police have a duty to protect children and to prevent crime,” said Bede Sheppard, Asia researcher for Human Rights Watch’s Children’s Rights Division. “Instead, by torturing children in custody they are committing crimes against those they are supposed to be protecting.”

According to a large number of consistent and reliable reports, including first-person testimony from children, the most common methods of torture police use on children include: kicking; fist blows to the body; inserting metal nails under children’s toenails; and hitting the soles of feet, thighs, upper arms, backs of hands, and the back with bamboo sticks and plastic pipes.

Most children abused by the police are suspected of committing petty crimes, or are children living or working on the streets.

“Sometimes, the torture is inflicted to extract confessions from the children,” Sheppard said. “While at other times it appears to be carried out purely for the entertainment of the official.”

Torture is prohibited under Nepal’s Constitution, but is not defined as a crime under the country’s civil code (Nepal’s criminal law is part of its civil code). The torture of children is, however, illegal under article 7 of the Children’s Act, though the maximum penalty is just one year’s imprisonment and a fine.

Human Rights Watch said that despite the widespread nature of abuses against children in police custody, no government official has ever been prosecuted for the torture of children under the Children’s Act.

“It’s unusual to find a country where torture has not at least been recognized as a crime in its basic criminal law,” Sheppard said. “Given the widespread and credible nature of the allegations of torture in police custody, and the fact that the Children’s Act allows the government to prosecute torturers of children, it is also surprising that not a single police officer has been prosecuted for this offense.”

Human Rights Watch also expressed concern about the conditions children face while in custody. Children are generally not separated from adults while in detention as required under international law, and thus face a greater risk of being assaulted by other prisoners. Children also lack access to adequate medical facilities and legal assistance, and some face long periods – sometimes many days – of arbitrary detention.

One first-person testimony obtained by Human Rights Watch came from a 15-year-old boy who was routinely abused over a period of four days by police officers from three different police stations in Sunsari District in January 2008. The boy, who was arrested on suspicion of being involved in a robbery, explained:

“As I denied their accusations, [two unidentified police personnel] started beating me with a green plastic pipe and a bamboo stick on my hands, legs, and all over my body. Then, they forced me to lie on the floor with my legs on the table and started beating me on my feet. While beating, they asked some questions such as ‘Who was involved in robbery?’ and ‘What are their names?’…. They tortured and interrogated me for about one hour.”

The next day, the same boy was transferred to a different police station, where he said he was again abused:

“Some five or six unidentified police personnel asked me the same questions as [I had been asked the] previous day. As soon as I stated that I was not involved in the robbery, they started beating me with a plastic pipe, a silver pipe, and a bamboo stick all over my body. They even punched and kicked me with their boots. After a while, they placed a pistol on my temple and threatened to shoot me dead in an encounter. Then, they forced me to admit my involvement in the robbery…. They forced me to lie on the floor and one police man put his legs with boots on my chest and another sat on my head and the next police officer started beating me on my feet, legs, and all over my body with sticks. Then, they forced me to jump up and down on the floor for seven to ten minutes and again started beating me. I was beaten and interrogated simultaneously [over a two-hour period].”

Forcing victims to jump up and down is a tactic often used in Nepal to get blood circulating with the intention of lessening the physical evidence of torture.

Human Rights Watch urged the Nepali government to mark Children’s Day by making a clear statement that police torture is absolutely prohibited, and that any police officer involved should be prosecuted to the full extent of the law.

“If the government takes children’s rights seriously, then it should use Children’s Day to condemn police torture of children and bring the perpetrators to justice,” Sheppard said. “Nepal’s government should commit that by next year’s Children’s Day, torture will be a criminal offence, punishable with a proportionate penalty.”

Bush’s Willing Accomplice

November 19, 2008

by Linda McQuaig | The Toronto Star, Nov 18, 2008

Isolated, repudiated by his people and even shunned by his own party, George W. Bush – the lamest of lame ducks – still seems able to count on the support of at least one world leader: Stephen Harper.

And so it was on the weekend, as it has so often been in the past two years, that our prime minister provided rare support for Bush as the soon-to-be former president battled against a chorus of world leaders urgently calling for a set of badly needed reforms.

Just as Harper backed Bush’s effort to block global progress on climate change, this time he helped Bush stymie European-led efforts at the G20 summit in Washington to restore regulations to international financial markets.

It was the rollback of these regulations that allowed Wall Street to transform itself into a giant casino where tycoons made billions playing fast and loose with the life savings of ordinary citizens.

Harper’s resistance to European calls for tighter regulations is ironic, since he has the luxury of presiding over a country that’s been spared the worst of the financial meltdown, largely because of the Canadian tradition of tighter domestic financial regulations.

This has allowed Harper to ride out the current financial storm politically unscathed, even gaining re-election in the middle of it.

In fact, although Harper’s record on this has received little attention, his government had started to push Canada down the dangerous road toward looser financial regulation.

In its first budget in 2006, the Harper government changed the rules in ways that effectively opened up the Canadian mortgage market to U.S. insurers. Finance Minister Jim Flaherty noted that these “new players” would bring “greater choice and innovation” to the Canadian mortgage market. Unfortunately, they did just that. They introduced risky products – like mortgages amortized over 40 years with little or no down-payments.

The new mortgages quickly caught on. With their lower monthly payments, they made houses seem more affordable. In reality, however, they dramatically increased the cost of a home, roughly tripling it.

As the implosion of the U.S. housing market provided a vivid example of the pitfalls of looser mortgage regulations, Flaherty finally intervened last summer, tightening CMHC’s rules.

The Harper government has been even more aggressive pushing financial deregulation on developing countries.

Ellen Gould, a Vancouver-based trade consultant, notes that Ottawa has pressed developing nations to open their economies to the “supposedly superior services” offered by the financial institutions of the advanced world.

At the World Trade Organization negotiations in 2006, Canada played a leading role in pushing developing nations to accept rules that would allow their domestic banks and insurance companies to be taken over by foreign financial institutions – like the ones that have been collapsing on Wall Street recently.

The Canadian push for “financial liberalization” predates Harper. It was keenly advocated by Liberal governments as well. But the Harper government has continued to push for this sort of deregulation long after it should have known better, as recently as the WTO ministerial in July 2008.

One can draw solace perhaps from the realization that Canada doesn’t shape the course of world events. Still, it’s disappointing to realize that we’re using what little influence we have at organizations like the G20 to help the exiting Bush administration do this last bit of disservice to the world.

‘US missiles’ hit Pakistan village

November 19, 2008
Al Jazeera, Nov 19, 2008

At least four people have been killed after a suspected US missile attack struck the North West Frontier province of Pakistan, near the Afghan border, security officials said.

A senior security official told the AFP news agency on Wednesday that “the strike overnight destroyed the house of a tribesman Sakhi Mohammad in the Bannu district”.

“At least two foreigners were among five killed,” the official said.

Pakistani security forces often use the term “foreigners” to refer to suspected al-Qaeda or Taliban fighters.

Pakistani officials said the missiles were launched from Afghanistan, where at least 32,000 US troops are fighting the Taliban and other fighters.

Officials also said that several other people were wounded in the attack in Jani Khel, a city in the northwestern district of Bannu just outside the tribal areas where al-Qada and Taliban fighters have found refuge in recent years.

Al Jazeera’s Kamal Hyder in Islamabad said that locals believe that the US was involved in the attack, which comes at a time when “…the Pakistani military chief was visiting Brussels to brief Nato commanders on his country’s apprehensions regarding drone attacks that are shifting public opinion against the US and Pakistani government”.

“There was a report recently in the Washington Post that the Americans had a tacit agreement that they would be able to use Pakistani airspace wherever they thought there were targets,” Hyder reported.

“While the government has been denying that there has been any secret agreement with the Americans, they have not been able to come out with a formula to stop such attacks, and that is likely to cause considerable anger within Pakistan because its own military forces are not in a position to defend its citizens within its territory.”

US ‘blamed’

The US has been blamed for at least 20 missile attacks and a ground assault in northwest Pakistan since mid-August.

Meanwhile, all the attacks since August have been in villages in north and south Waziristan, two semiautonomous tribal regions where the government has a very limited presence.

Islamabad has protested over the raids, saying they are a violation of the country’s sovereignty.

US officers in Afghanistan have stressed improved Pakistani co-operation in squeezing fighters nested along the border.

Colonel John Spiszer, the US commander in northeast Afghanistan, said that pressure on Aghanistan and Pakistan will eventually mean that fighters will be “running out of options on places to go”.

But Pakistani officials said the US missile strikes are counterproductive because they often kill civilians and deepen anti-American and anti-government sentiment.

However, General David Petraeus, the US chief commander, defended them, saying at least three senior fighters, whom he did not identify, have been killed in recent months in the attacks.

Putin in the dock

November 19, 2008

The alleged assassins of Russian war journalist Anna Politkovskaya are on trial. So too is the reputation of Vladimir Putin

The main news from the trial of Anna Politkovskaya’s alleged assassins, which began in Moscow yesterday, is the fact that the process is open to the media and the public.

The case is being heard by the Moscow district military court, most probably because one of the defendants is Pavel Ryaguzov, lieutenant colonel of Russia’s Federal Security Service.

It is for this reason too that Polikovskaia’s children, Ilia and Vera, were sure that the judge would close the proceedings as the prosecution demanded. But he did not – perhaps because this is one of very few cases of multiple political assassinations in Russia in which the prosecution is truly interested in achieving a convincing conviction and in proving to the world that Russian courts are independent and fair.

The prosecution needs a conviction, and a conviction that at least looks cogent, because Prime Minister Putin, Russia’s president at the time of the assassination wants it.

After Politkovskaya was killed he said that her death did much more harm to Russia than her writing. This was certainly true: Politkovskaya’s assassination resulted in an avalanche of unfavourable publicity for Putin’s Russia abroad, while her publications, particularly about the realities of Russia’s second Chechen war and its outcomes, were not at all popular among the majority of the Russian population.

She was outspoken about the methods the Russian forces used in Chechnya, about the methods of their allies among the local population and about the order that they created and maintained in the wake of the war. These were not pretty stories, and few Russians wanted to be bothered with them.

But facing the barrage of criticism abroad, Putin promised that Politkovskaya’s assassins would be found. He may have created the Russia in which more journalists have been killed in the last 10 years than anywhere else in the world, except Iraq, but he certainly did not need Politkovskaya to die.

There could be any number of others who did. She received death threats from different quarters, from Chechnya, to Moscow, to Khanty-Mansiisk.

According to the chief editor of the Novaya Gazeta for which she worked (and which lost several other of its journalists to killers) at the time of her death she was working on an article which outlined the involvement of Ramzan Kadyrov, Chechnya’s pro–Russian prime minister, in the kidnapping of his political opponents.

The four accused in the trial are Ryaguzov, who is said to have provided Politkovskaya’s home address to the killers; two Chechens, the brothers of Rustam Makmudov who is said to have actually pulled the trigger but who has not been found; and Sergei Khadzhikurbanov, a police investigator from the organised crime unit of the Moscow police.

It is not impossible that these people will be found in this or that way guilty, although the absence of the main accused is beyond irony. But Ramzan Kadyrov, whose name comes up in the investigation materials, has not been asked to testify.

Anna Politkovskaya lived a difficult life. From 1999 onwards she often went to the war zones and refugee camps in Dagestan, Ingushetia and Chechnya. In December 1999 she organised the evacuation of 89 people from an old people’s home in Grozny, Chechnya’s capital, bombed by the Russian forces, and then found accommodation for them in Russia.

Later she initiated charitable action to provide food, medicines and clothing for those who returned to Chechnya and found themselves destitute. She personally accompanied three tons of collected goods to Chechnya. In October 2002, when Chechen terrorists took hostage several hundred people in a Moscow theatre, she was one of the people with whom the terrorists agreed to speak.

She went into the building accompanied by only one other person in an attempt – it proved futile – to negotiate. In 2004 she survived an attempt to poison her. She investigated corruption in the defence ministry and among the high command of the Russian army contingent in Chechnya. She was certainly not loved for all that.

Her trial is not going to be an easy matter, either – that is if the court really wants to find out who ordered her death.

Barnsby: ARREST WAR CRIMINAL GORDON BROWN NOW

November 18, 2008

Dr George Barnsby, Nov 17, 2008

Why are there so many fools and knaves who share Brown’s illusions that he is important. He is in only one respect. Now that George W Bush has been reduced from the most powerful tyrant in the world to a blithering idiot by the stunning victory of the new US president Obama, Gordon Brown and Tony Blair have now become the second and third most important war criminals in the world, because they support the wars in Iraq and Afghanistan despite the views of most sensible people that these wars are illegal, racist and unwinnable. A further reason to arrest Brown NOW is that he is a Nuclear Maniac prepared to take the risk of seeing the world blown to smithereens in another Holocaust.

Now there is now yet another reason to put Brown under lock and key – Somali pirates have reappeared and captured a Saudi-owned Aramco tanker. Here there are two dangers one is that a ship loaded with nuclear arms will  be captured and sold to the highest bidder who will then hold the USA, Britain and other western powers to ransom, or if they fail to respond blow up targets that they, the Pirates have chosen.

All these dangers have been aired in this BLOG, but most members of the Commentariat, as Media Lens christened them because of their almost monopoly powers of providing ordinary people with news and when we complain are so contemptuous of public opinion that they do not reply to me.

Such people include the chief executive and chairman of the BBC, the head of ITV, the news commentators, Paxman, Marr, Wark, Kearney and Jon Snow of Channel Four. Also the head of the Learning and Skills Council, Sir Trevor Phillips the chair of the Commission of Equality and Human Rights because he will not let us know whether he is for or against the wars in Iraq and Afghanistan.

When Obama won his great, but limited victory as US president. I took a breather. Some people have warned me that by writing a BLOG every night I was putting my health at risk and perhaps I should only BLOG on a five day week or perhaps only once a week.and catch up on my reading. It seemed appropriate since my last BLOG on Friday dealt with the English Revolution of the seventeenth century and the fact that Obama seemed to be following the same path as Oliver Cromwell who after executing Charles the First  reneged and eventually destroyed the Levellers who were the working class ‘root and branch’ of the revolution.

Continued >>

Badri Raina: Hindu Terrorism

November 18, 2008

The Shock of Recognition

By Badri Raina | ZNet, Nov 17, 2008

Epigraph:

“underlying these religions were a common set of beliefs about how you treat other people and how you aspire to act, not just for yourself but also for the greater good”

(Obama in his interview about Religion given to Cathleen Falsani, March,27,2004; cf. to his mother’s teaching about the validity of diverse faiths and the value of tolerance.)

I

So, now, India is home to “Hindu” terrorism.

Departing from the more usual banner-appelation, “Saffron Terror”, I wish the fact to be registered that saffron is drawn from the stamin of a delicate and indescribably pretty mauve flower grown exclusively in my home valley of Kashmir, and exclusively by Muslims. My inherited memories of it are thereby sweet and secular to the core.

Also, saffron when used to grace milk products, Biryani, or to brew the heavenly Kehwa is a thing of the gods truly.

It is only when it is coerced against the use of nature to colour politics that it rages against the sin. Then, don’t we know, what gruesome consequences begin.

I think it proper, therefore, to stick with the more direct and honest description “Hindu” terrorism, since, much against their grain, even India’s premier TV channels are now bringing us news of “Hindu” terrorism, so compelling the materials gathered by the investigating agencies thus far.

This despite the fact that in my view the term “Hindu” trerrorism is as erroneous as the term “Muslim” terrorism. Even though not a religious man myself, I am able to see that being Hindu or Muslim by accident of birth has no necessary connect with how one’s politics turn out to be in adult life. A plethora of specific contexts and shaping histories are here provenly more to the point.

II

It was way back in 1923 that Savarkar, never a practicing Hindu (indeed a self-confessed atheist) had first understood that from this benign term, “Hindu,” could be drawn the toxic racial concept Hindutva, and made to serve a forthrightly fascist purpose. That Brahminism had always been a socially toxic form of Hinduism was of course an enabling prehistory to the new project.

He it was who established Abhinav Bharat in Pune (1904), that theoretical hotbed of twice-born Brahminical casteism against which low-caste social reformers such as Phule, Periyar, and Ambedkar were to struggle their whole lives long.

Such casteism was made the instrument of communalist politics to serve two major objectives: one, to overwhelm and negate the specific cultural and material oppressions of the low-caste within the Hindu Varna system , and two, to elevate the low-caste as a warrior of a common “Hindutva” army against the chief common “enemy,” the Muslim.

Such an army has been seen to be needed to salvage the “real” nation from this so-called common enemy who continues to be represented to this day by the RSS and its hydra-headed “educational” front organizations as an “invader” still bent on seeking to convert India into an Islamic theocratic state.

Aided in these mythical fears and constructions by the British during the crucial decades leading upto Independence, India’s majoritarian fascists continue thus to keep at bay all consideration of secular oppressions based entirely in the brutal social order of Capitalist expropriation.

Savarkar thus counseled how a resurgent nation could result only if “Hinduism was militarized, and the military Hinduised.”

Clearly enough, the serving army Colonel, S.P. Purohit and the other retired Major, one Upadhyay, who the Mumbai ATS (Anti-Terrorist Squad) tells us, are at the centre of the Malegaon terrorist blasts of September 29, 2008, alongwith Sadhvi Pragya and the rogue-sadhu, Amreetanand—and very possibly complicit in half a dozen other blasts as well—seem to have heeded Savarkar’s advice to the hilt.

Indeed, in his Narco-test confessions, Colonel Purohit, sources have told some TV channels (Times Now), admits to his guilt and justifies his actions as retribution for what he thinks SIMI (Student’s Islamic Movement of India) have been doing. He is understood to have further indicated that the rogue sadhu, Amreetanand, nee Dayanand etc., has been the kingpin and chief coordinator and devisor of several other blasts carried out by this cell, including the blasts at the revered Ajmer Dargah (Mausoleum of the 12th century Sufi saint, Chisti, which to this day draws devotees across faiths the world-over), and at Kanpur.

The ATS are now busy exploring the routes through which huge sums of money have been brought into the country for such terrorist activity as Hawala transactions, and whether the RDX, suspected to be used in the Malegaon blast, was procured by Colonel Purohit through army connections. It is to be noted that Purohit has been in Military Intelligence, and serving in Jammu & Kashmir, where it is thought he made contact with the rogue sadhu, Amreetanand.

(Indeed, as I write, news comes of the ATS claiming that Purohit actually stole some 60 kilos of RDX which was in his custody while doing duty at Deolali, and that in his Narco-test confession he admits to passing it on to one “Bhagwan” for use in the blast on the Samjhauta Express train in Feb.,2007.)

Needless to say, that alongwith the courts, we will also require that the ATS is actually able to obtain convictions rather than merely pile on evidence which may not be admissible in law.

To return to the argument:

As I suggested in my last column, “Notions of the Nation” (Znet, Nov.,4), Hindutva militarism since the establishment of the Hindu Mahasabha and the RSS has been inspired by the desire to emulate and then better Muslim “aggressiveness” seen as a racial characteristic that defined “Muslim” rule in India, and rendered Hindus “limp” and “cowardly.”

Thus, if Savarkar established Ahninav Bharat, Dr.Moonje, an avowed Mussolini admirer who in turn inspired Dr.Hedgewar to establish the RSS on Vijay Dashmi of 1924 (victory day, denoting the liquidation of the Dravidian Ravana by the Aryan Kshatriya warrior, Ram) established the Bhondsala Military Academy at Indore (1937). It now transpires that this academy has been playing host to the Bajrang Dal for militarist training routines etc., and its director, one Raikar, has put in his papers.

Unsurprisingly enough, both these institutions are now under the scanner.

III

Over the last decade, terrorist blasts have occurred in India across a wide variety of sites and in major cities and towns.

Many of these blasts have taken place outside mosques and known Muslim- majority locations, as well outside cinema halls that were thought to be showing movies inimical to Hindu glory.

Briefly, these sites are: cinemas in Thane and Vashi in Maharashtra, Jalna, Purna, Parbhani, and Malegaon towns, again all in Maharashtra—and all areas of high Muslim density, in Hyderabad outside a famous old mosque, and in Ahmedabad and Surat in Gujarat.

Curiously, in the Surat episode, some sixteen odd bombs were found placed along the main thoroughfare in tree branches, on house-tops, on electric poles and so forth. Not one of them however exploded. This was thought to be the result of defective switches. Curious circumstance that; besides the wonder that Ahmedabad’s Muslims could find such sprawling access to such strategic locations without Modi knowing a thing.

Yet, regardless of where the blasts have taken place, almost without exception the Pavlovian response of state agencies as well as, sad to say, media channels has been invariably to point fingers of suspicion and culpability towards one or the other “Islamic” outfit.

Often, young Muslims men have been rounded up in the scores and held for days of brutal questioning without the least prima facie evidence. Nearly in all such cases, however reluctantly, they have had to be let off.

The most recent case is that of some fifteen young Muslims picked up after the Hyderabad blasts. Tortured with electric shocks, they have nevertheless been found to be innocent and let go.

Indeed, after the gruesome blasts in the Samjhauta Express—a train service of reconciliation and confidence-building between India and Pakistan—in which some 68 people were burnt to cinders, 45 of them Pakistani citizens, fingers were immediately pointed towards the SIMI.

Yet, the ATS of Mumbai now suspects that this may also be the doing of the “Hindu” terrorists in custody. These speculations have been raised by the circumstance that the suitcases that held the bombs had Indore labels on them.

Just as the ATS now suspects that more than half a dozen blasts (the two at Malegaon, in 2006 and 2008, at the cinemas in Thane and Vashi, at Jalna, at Purna, at Parbhani, provenly at Nanded and Kanpur) have all been the handiwork of “Hindu” terror groups.

Continued  >>

Indian-controlled Kashmir:Kashmir votes as separatists protest, urge boycott

November 18, 2008

Protesters, police clash as polls open in Indian Kashmir amid separatist boycott call

AIJAZ HUSSAIN
AP News

Nov 17, 2008 12:26 EST

Large crowds voted in some towns in Indian Kashmir on Monday while protesters clashed with police in others as state elections began amid boycott calls by Muslim separatists.

The elections — to be held in phases over more than a month in an attempt to avert violence — come after some of the worst protests against Indian rule in the country’s only Muslim-majority state and a crackdown on separatist leaders who oppose the polls.

“You can’t have free and fair elections in the presence of hundreds of thousands” of occupying forces, said Mirwaiz Umar Farooq, a key separatist leader who has been under house arrest for three days.

Separatists say the elections will only entrench New Delhi’s hold on the troubled Himalayan region.

Anti-India sentiment runs deep in Kashmir, where most people favor independence from India or a merger with Pakistan. The region is divided between the two countries and both claim it in its entirety.

Despite the calls for a boycott, long lines of voters stretched around polling booths in several towns north of the capital, Srinagar.

Overall, about 55 percent of eligible voters cast their ballots Monday, said B.R. Sharma, the state’s chief election officer.

But it varied from district to district. In many Muslim-dominated areas, turnout was so low that paramilitary soldiers and police outnumbered voters.

In Bandipore, a town 40 miles north of Srinagar, police fired tear gas at dozens of protesters, local police official Mohammed Yousuf said. Two people were detained and one was injured, he said.

More than 30 separatist leaders who called for an election boycott have been detained in recent days under a law that allows police to hold people for up to two years without trial.

The recent pro-independence demonstrations were the largest in Indian Kashmir in two decades. They were met with a tough crackdown by government forces, and at least 48 people were killed.

The elections are being staggered to allow the government to deploy thousands of security forces in each area.

Police said they feared more unrest, particularly from militant separatist groups, although insurgents have vowed not to use violence to enforce the boycott. Campaigning was mostly peaceful.

Militant separatist groups have been fighting since 1989 to end Indian rule. The uprising and subsequent Indian crackdown have killed about 68,000 people, most of them civilians.

Source: AP News

US-Iraq: A Pact With The Devil

November 18, 2008


By Pepe Escobar | Asia Times, Nov 17, 2008

WASHINGTON – The big bang is not that Prime Minister Nuri al-Maliki’s majority Shi’ite/Kurdish 37-member cabinet in Baghdad has approved the draft of a security pact with the George W Bush (and Barack Obama) administrations allowing the US military to stay in Iraq for three more years; it’s that the 30-strong Sadrist bloc will move heaven and Earth – including massive nationwide protests – to bloc the pact in the Iraqi National Assembly.

The proposed Status of Forces Agreement not only sets a date for American troop withdrawal – 2011 – but also puts new restrictions on US combat operations in Iraq starting on January 1 and requires a military pullback from urban areas by June 30. The pact goes before parliament in a week or so.

Sadrist spokesman Ahmed al-Masoudi stressed this Sunday that the pact “did not mean anything” and “hands Iraq over on a golden platter and for an indefinite period”.

Masoudi is right on the money when he says the overwhelming majority of popular opinion is against it and the Sadrists and many Sunni parties insist a popular referendum to approve it is essential.

Shi’ite leader Muqtada al-Sadr’s position is and has always been “end the occupation now”. That happens to be the same view from Tehran: the pact further extends Iraq’s agony as an American colony. But Iranian state TV has been spinning it as a victory for the Maliki government – stressing the US was forced to make concessions (in fact Maliki did not extract all the concessions he wanted in terms of prosecuting US troops for crimes in Iraq).

Last week, a spokesman for the Grand Ayatollah Ali Sistani in Iraq said he would “directly intervene” if he felt the pact was against Iraqi sovereignty. In this case, he’d better start intervening this week – when a debate about the pact starts ahead of a vote on November 24. Parliament can vote for or against it, but cannot make any changes to the text.

As for how much of the 275-member parliament in Baghdad is against the pact depends on how much they are in the US pocket – like Maliki’s Interior and Defense ministries. As much as US General Ray Odierno, the top commander in Iraq, has charged that Iran has been bribing parliamentarians to reject the pact, the reverse also applies.

Muqtada, make your move
This version of the pact was basically supported by Maliki’s Defense, Interior, Foreign Affairs and Finance ministries, by the Kurdistan Alliance and by the Sunni Iraqi Accord Front, led by former US intelligence asset and former interim prime minister, Iyad Allawi. So the backbone of support is Kurdish and “establishment” Shi’ite. That does not account for the crucial leader of the Supreme Islamic Iraqi Council (SIIC), Abdul Aziz al-Hakim, very close to Iran, who recently has been less critical of the pact. The SIIC in the end caved in.

In theory, all US troops should be out of Iraq on January 1, 2012. For all practical purposes, this is the new timeline for the end of the occupation – way longer than Obama’s 16 months.

Even though the pact allows Iraq limited authority to try US soldiers and the Bush administration-enabled army of defense contractors (only in the case of serious crimes committed off-duty and off-base), and formally forbids the Pentagon to use Iraq as a base to attack Syria or Iran, the pact does make a mockery of Iraq’s “sovereignty”. For the first time, occupying US troops will have a clear mandate straight from Iraq’s elected leadership, instead of a United Nations Security Council resolution enacted after Bush invaded Iraq in 2003.

The US has to end all patrols of Iraqi streets by June 2009 – five months into the Obama presidency – and has to fully withdraw by the end of 2011, unless the Iraqi government miraculously asks the US to stay.

From an anti-imperial point of view, the only good thing about the pact is that it does not allow the establishment of permanent US military bases in Iraq – a point that has been stressed ad infinitum by Foreign Minister Hoshyar Zebari. Inter Press Service correspondent Gareth Porter, among others, has stressed this is the final nail in the coffin of the neo-conservative, neo-imperial dream of having Iraq at the Middle East center of an empire of bases. In a quirky historical twist, Maliki knocks out US Vice President Dick Cheney.

The Sadrists anyway are not convinced. Last month, Muqtada said, “If they tell you that the agreement ends the presence of the occupation, let me tell you that the occupier will retain its bases. And whoever tells you that it gives us sovereignty is a liar.”

So what will the Sadrists do in practice? Before the approval Muqtada, in a statement read out by his spokesman Salah al-Ubaidi at the Kufa mosque, said, “If the American forces remain, I will reinforce the resisters, especially the brigades subsumed under the banner of the Judgment Day,” Muqtada rallied all these “Bands of the Eternal Truth” to “enlist behind this mujahid banner”. This Sadrist version of special forces would only attack American forces, and not the Iraqi military (controlled by the Maliki government).

Muqtada is in a difficult position. He has to confront the problem that strategically Tehran subscribes to not attacking US troops as the best way for the Americans to eventually leave. And Muqtada at the moment is studying in Qom, the spiritual capital of Iran – he could hardly afford to antagonize his hosts. To top it all, the Sadrist movement had been adopting a Hezbollah approach and reconverting from militia activities to being firmly embedded in the Iraqi political landscape. Maliki has made his move. Now it’s time for Muqtada’s.

Pepe Escobar is the author of Globalistan: How the Globalized World is Dissolving into Liquid War (Nimble Books, 2007) and Red Zone Blues: a snapshot of Baghdad during the surge. He may be reached at pepeasia@yahoo.com.

Blackwater Busted?

November 18, 2008

After more than five years of rampant violence and misconduct carried out by the massive army of private corporate contractors in Iraq–actions that have gone totally unpunished under any system of law–the US Justice Department appears to be on the verge of handing down the first indictments against armed private forces for crimes committed in Iraq. The reported targets of the “draft” indictments: six Blackwater operatives involved in the September 16, 2007, killing of seventeen Iraqi civilians in Baghdad’s Nisour Square.

The Associated Press reports, “The draft is being reviewed by senior Justice Department officials but no charging decisions have been made. A decision is not expected until at least later this month.” The AP, citing sources close to the case, reports that the department has not determined if the Blackwater operatives would be charged with manslaughter or assault. Simply drafting the indictments does not mean that the Blackwater forces are certain to face charges. The department could indict as few as three of the operatives, who potentially face sentences of five to twenty years, depending on the charges.

If the Justice Department pursues a criminal prosecution, it would be the first time armed private contractors from the United States face justice.

But that is a very big “if.”

“The Justice Department has had this matter for fourteen months and has done almost everything imaginable to walk away from it–including delivering a briefing to Congress in which they suggested that they lacked legal authority to press charges,” says Scott Horton, distinguished visiting professor of law at Hofstra University and author of a recent study of legal accountability for private security contractors. “They did this notwithstanding evidence collected by the first teams on the scene that suggested an ample basis to prosecute. The ultimate proof here will be in the details, namely, what charges are brought exactly and what evidence has Justice assembled to make its case. Still, it’s hard to miss Justice’s lack of enthusiasm about this case, and that’s troubling.”

Even if some Blackwater operatives face charges, critics allege it is the company that must be held responsible. “I am encouraged that the Justice Department is finally making progress in the investigation, but I am disappointed that it took over a year and a lot of pressure for the department to take any action,” says Illinois Congresswoman Jan Schakowsky, who introduced legislation that seeks to ban using Blackwater and other armed security companies in US war zones. (She was also the national campaign co-chair of Barack Obama’s presidential campaign and is a top candidate to replace him in the US Senate.)

“While it is important to hold these individual contractors accountable for their actions, we must also hold Blackwater accountable for creating a culture that allows this type of reckless behavior,” adds Schakowsky. “The indictments do nothing to solve the underlying problem of private security contractors performing critical government functions. The indictments will likely get rid of a few bad apples, but there will be no real consequences for Blackwater. This company is going to continue to do business as usual–the solution is to get them out of this business.”

News of potential indictments over the Nisour Square shootings comes as the State Department is reportedly preparing to hit Blackwater with a multimillion-dollar fine for allegedly shipping as many as 900 automatic weapons to Iraq without the required permits. Some of the guns may have made their way to the black market.

Blackwater has served as the official bodyguard service for senior US occupation officials since August 2003, when the company was awarded a $27 million no-bid contract to guard L. Paul Bremer, the original head of the Coalition Provisional Authority. To date, the company has raked in more than $1 billion in “security” contracts under its arrangement with the State Department.

Despite widespread accusations of killings of civilians and other crimes, not a single armed contractor from Blackwater–or from any other armed war corporation–has faced charges under any legal system. Instead, they have operated in a climate where immunity and impunity have gone hand in hand. At present, private contractors–most of them unarmed–outnumber US troops in Iraq by roughly 50,000 personnel.

Continued . . .

Chechen leader ‘should testify’ at Politkoskaya trial

November 18, 2008

November 17, 2008

Russian human rights advocate, journalist and author Anna Politkovskaya

(JENS SCHLUETER/AFP/Getty Images)

Anna Politkosvkaya was Russia’s best known investigative reporter

Image :1 of 3

The President of Chechnya should be called to give evidence in the Anna Politkovskaya murder trial, one of her lawyers said today.Ramzan Kadyrov should answer questions in the case against four men accused of involvement in the killing of the campaigning journalist, Karinna Moskalenko, who represents Ms Politkovskaya’s family, said.

She said that Chechnya’s feared strongman had not been questioned by investigators although he was repeatedly mentioned in case files and witness accounts. Ms Moskalenko added that Mr Kadyrov had “threatened Politkovskaya”.

Ms Politkovskaya repeatedly criticised the Chechen leader in her reports for Novaya Gazeta newspaper and accused militias loyal to him of carrying out acts of torture.

“Questioning him is important to the case,” said Ms Moskalenko. “The investigators also ignored the fact that the murder took place on Vladimir Putin’s birthday.”

The demand came after Moscow District Military Court ruled at the opening of the trial that the case against the defendants should be heard in public. Judge Yevgeny Zubov rejected prosecution arguments that the case should be heard in secret because one of the accused is a former agent with the Federal Security Service (FSB), the successor to the Soviet Union’s KGB.

The decision was a surprise victory for the Politkovskaya family, who had been pressing for an open trial. Military courts normally hear cases in secret because they are presumed to involve sensitive material.

“I did not expect that this decision would be taken. With this judge there is the chance of a fair trial,” Ms Moskalenko told reporters.

The former FSB officer Pavel Ryaguzov is said to have provided the journalist’s home address to her alleged assassin. That man, Rustam Makhmudov, is not on trial, however.

He has disappeared since being accused of killing Politkovskaya and investigators believe that he has fled the country. Two of his brothers, Dzhabrail and Ibragim Makhmudov, are on trial, accused of tracking Ms Politkvoskaya’s movements in the two weeks before she was gunned down in the lobby of her apartment building in Moscow.

The fourth defendant is Sergei Khadzhikurbanov, a former investigator with the organised crime unit of Moscow police. All four have denied the charges.

Investigators have still failed to identify who might have ordered the journalist to be killed and why. Defence lawyer Murad Mussayev dismissed the case as a trial of “two drivers and a go-between”.

He said: “We want the world to see that the goal of this trial is to show that a major crime has been solved when that is not true.”

Ms Politkovskaya was shot on Vladimir Putin’s 54th birthday in October 2006, sparking international outrage and fears that critics of the Kremlin were being silenced. Mr Putin, who was then President, initially remained silent but pledged days later that the killers would be caught, calling the journalist’s death “an unacceptable crime that cannot go unpunished.”

Ms Politkovskaya, who was 48, was a fierce critic of Mr Putin, particularly over the conduct of the war in Chechnya. She catalogued abuses committed by Russian forces and by private militias loyal by Mr Kadyrov.

In a radio interview two days before she died, Ms Politkovskaya implicated a group controlled by Mr Kadyrov in killings. She said: “I am conducting an investigation about torture today in Kadyrov’s prisons. These are people who were abducted by Kadyrovsty for completely inexplicable reasons and who died.”

Her final article in Novaya Gazeta was incomplete but detailed evidence of torture on civilians by police in Chechnya, including stills from a video showing assaults on two unidentified victims. The published material did not link Mr Kadyrov directly to the allegations, however, and he has repeatedly denied any involvement in her death.