Just one day after the Air Force’s chief of sexual assault prevention was arrested for sexual assault himself, a new Pentagon report shows a sharp increase in the estimated number of assaults in the military annually.
The report from the Department of Defense’s Sexual Assault Prevention and Response Office for Fiscal Year 2012 found a 6 percent rise in reported assaults over the last year, for a total of 3,374. But much more troubling is the estimated number of sexual assault incidents that were never officially reported. In last year’s report, there were an estimated 19,000 instances, but this year the number has jumped to an unprecedented 26,000 instances of assault, leaving thousands unreported.
The disparity in the total number of instances of Military Sexual Trauma (MST) compared to those fully reported — where the victim fills out an official report and action is taken — can be seen as being due to victims’ fears of retaliation, including possible discharge from service or being overlooked for a promotion. The new results line up with those seen in a 2011 Pentagon health survey released in April. According to that report, more female service members were willing to come forward about sexual abuse and assault, with roughly one in five women saying they were victims of unwanted sexual contact from another member of the military, but under reporting remains a serious issue.
“Sexual assault has no place in the United States military,” Pentagon spokesman George Little said in a statement released Monday night in reponse to news that Lt. Col. Jeff Krusinski, the Air Forces’s chief of sexual assault prevention, had been arrested on charges of sexual assault. “The American people, including our service members, should expect a culture of absolutely no tolerance for this deplorable behavior that violates not only the law, but basic principles of respect, honor, and dignity in our society and its military.”
Despite that pledge, assault and abuse in the military has been under increased scrutiny in recent months, following a series of high-profile scandals. In February, Lt. Col. James Wilkerson was reinstated into service after an Air Force general overturned a jury, voiding Wilkerson’s sexual assault conviction. In 2012, Lackland Air Force base saw 12 instructors investigated for sexual misconduct toward 31 trainees, with at least one trainer sentenced to twenty years for rape and sexual assault. Army Gen. Jeffery Sinclair was likewise charged in 2012 with sexually assaulting a female subordinate, then threatening her career if she went public.
On Monday, a female Air Force general — Lt. Gen. Susan Helms — found her career in question after a hold was placed on her nomination to become vice commander of Space Command. The reason? Her decision to overturn a case of aggravated sexual assault, much in the same fashion as seen in the Wilkerson case. Legislation is currently on the Hill to strike the ability of generals to overturn jury cases in instances of sexual assault, but the underlying problem remains.
To correct that problem, Sens. Patty Murray (D-WA) and Kelly Ayotte (R-NH) will introduce the Combat Military Sexual Assault (MSA) Act of 2013 in the Senate on Tuesday. “It’s inexcusable for us to wait any longer to address this issue and I’m glad this bipartisan legislation is taking meaningful steps to do right by our nation’s heroes,”Murray said in a statement.
From Oscar®-and Emmy®-nominated filmmaker Kirby Dick (This Film Is Not Yet Rated; Twist of Faith) comes The Invisible War, a groundbreaking investigative documentary about one of America’s most shameful and best kept secrets: the epidemic of rape within the U.S. military. The film paints a startling picture of the extent of the problem—today, a female soldier in combat zones is more likely to be raped by a fellow soldier than killed by enemy fire. The Department of Defense estimates there were a staggering 22,800 violent sex crimes in the military in 2011. 20% of all active-duty female soldiers are sexually assaulted. Female soldiers aged 18 to 21 accounted for more than half of the victims.
Focusing on the powerfully emotional stories of rape victims, The Invisible War is a moving indictment of the systemic cover-up of military sex crimes, chronicling the women’s struggles to rebuild their lives and fight for justice. It also features hard-hitting interviews with high-ranking military officials and members of Congress that reveal the perfect storm of conditions that exist for rape in the military, its long-hidden history, and what can be done to bring about much-needed change.
At the core of the film are often heart-rending interviews with the rape survivors themselves— people like Kori Cioca, who was beaten and raped by her supervisor in the U.S. Coast Guard; Ariana Klay, a Marine who served in Iraq before being raped by a senior officer and his friend, then threatened with death; and Trina McDonald who was drugged and raped repeatedly by military policemen on her remote Naval station in Adak, Alaska. And it isn’t just women; according to one study’s estimate, one percent of men in the military— nearly 20,000 men —were reportedly sexually assaulted in 2009.
And while rape victims in the civilian world can turn to an impartial police force and judicial system for help and justice, rape victims in the military must turn to their commanders—a move that is all too often met with foot-dragging at best, and reprisals at worst. Many rape victims find themselves forced to choose between speaking up and keeping their careers. Little wonder that only eight percent of military sexual assault cases are prosecuted.
The Invisible War exposes the epidemic of sexual assault in the military – one of the most under-reported stories of our generation, a story the filmmakers are proud to be breaking to the nation and the world. They hope the film will help lead a national dialogue about the crime of rape perpetrated on the very people who have pledged to protect our country and are gratified to see the film is already making an impact. Since it premiered at Sundance, the film has been circulating through the highest levels of the Pentagon and the administration. Secretary of Defense Leon Panetta watched The Invisible War on April 14. Two days later, he directed military commanders to hand over all sexual assault investigations to a higher-ranking colonel. At the same time, Panetta announced that each branch of the armed forces would establish a Special Victims Unit. While these are promising first steps, much more needs to be done.
To that end, The Invisible War is a call for our civilian and military leadership to listen. And to act!
Maryland on May 2, 2013, became the sixth US state in six years to abolish the death penalty, continuing a trend to end this inherently cruel punishment in the United States. Maryland’s governor should commute the sentences of the five men who remain on the state’s death row.
Gov. Martin O’Malley on May 2 signed a bill abolishing the state’s death penalty and replacing it with the sentence of life in prison without the possibility of parole. However, the law does not directly affect the five inmates in the state awaiting execution. O’Malley has said he will determine on a case-by-case basis whether to commute their sentences.
“By repealing the death penalty, Maryland joins a growing group of states in rejecting a cruel and inherently unjust practice,” said Alba Morales, US criminal justice researcher at Human Rights Watch. “Governor O’Malley should build on his tremendous leadership on this issue by commuting the death sentences of the five men still on death row.”
Maryland’s repeal of the death penalty is just the latest sign of growing momentum against capital punishment in the United States. With the addition of Maryland, 18 states and the District of Columbia have rejected the death penalty. Legislatures in several other states are considering bills to repeal capital punishment. Parallel with these developments, the number of executions in the United States has declined in recent years – with a total of 43 executions nationwide in 2011 and again in 2012, compared with 85 in 2000.
Human Rights Watch [and this blogger] strongly opposes the death penalty in all circumstances as an inherently irreversible and inhumane punishment. Furthermore, the death penalty is inevitably plagued with arbitrariness, racial disparities, and error. In the US, 142 people have been released from death row since 1973 after presenting evidence of their innocence. Kirk Bloodworth, the first person in the United States to be released from death row by DNA evidence, was at the May 2 signing ceremony.
In Maryland, as in many US states, application of the death penalty has been marred by significant racial disparities –four of the five men on Maryland’s death row are African-Americans whose victims were white – and wide discrepancies between jurisdictions. People were far more likely to be sentenced to death, for example, if they committed their crimes in Baltimore County as opposed to the neighboring city of Baltimore.
Since the repeal bill makes no provision for the five men on death row, they could still be executed after exhausting all their appeals. Under the Maryland constitution, the governor has the power to commute sentences. O’Malley should ensure that the death penalty is never again used in Maryland by immediately commuting the sentences of all five death row inmates, Human Rights Watch said.
The new law’s failure to make the repeal of the death penalty retroactive is contrary to the International Covenant on Civil and Political Rights, to which the US is a party. All state governments are bound to abide by its provisions. The covenant states that if a law reduces a criminal penalty, that law should be retroactive. The US included a reservation when it ratified the treaty in 1992 that it would not adhere to this provision, stating that, “US law generally applies to an offender the penalty in force at the time the offense was committed.”
“Maryland did the right thing by ending government-sanctioned killing,” Morales said. “The 32 states that still allow the death penalty should follow Maryland’s lead and end this inhumane practice.”
By a vote of 8-1, the Supreme Court of Mississippi this afternoon halted the scheduled execution of Willie Manning just hours before the convicted murderer was to be put to death by lethal injection at the Parchman prison in Sunflower. In their brief order, which you can read for yourself here, the justices did not give any reason for blocking the execution, and it is unclear at this time exactly how the case will proceed from here.
Manning, who is black, was convicted in 1994 for the murder of two white university students in 1992. He has maintained his innocence ever since, amid troublesome (and growing) questions about the accuracy and reliability of the evidence on which his conviction and death sentence are based. Manning’s long-ago trial was marked by racial bias in jury selection, for example, and a jailhouse informant, who incriminated Manning in 1994, has since sought to recant his trial testimony.
But the Mississippi court’s order Tuesday is likely based upon the scientific evidence that was and was not introduced at trial. Manning’s attorneys have long argued that state officials should test DNA and fingerprint evidence from the crime scene — evidence that has never been tested and that would either incriminate Manning definitively or perhaps identify someone else who may have committed the crimes. The state has consistently refused to undertake this testing even though the FBI has offered to do it, and Mississippi has a remarkable recent record of exonerating criminal defendants in such a fashion.
As a matter of law, the absence of this testing from a shaky case like this was likely enough to warrant a stay of Manning’s execution. But the state’s refusal to test its DNA evidence was made even more pronounced over the past few days by the intervention of federal officials. Since May 2, the Justice Department has sent three letters to the attorneys in the case announcing that the feds now are backing away from the “ballistics” and “hair fiber” testimony their so-called “expert” testified about at Manning’s trial. State prosecutors heavily relied on that now-discredited evidence at trial — as have state court judges ever since — as proof that Manning’s conviction was secure enough to warrant his execution.
The state came within four hours of executing Manning despite the conceded inaccuracy and unreliability of the scientific evidence against him, despite the willingness of a jailhouse informant to recant, despite racial bias in jury selection. It came within hours of executing the man, even though the scientific evidence that could exonerate him was never tested. No matter what happens now — and don’t forget Manning is still a long way from being out of trouble — it is a credit to the eight Mississippi justices who voted for the stay that they were willing to change their minds about this case. Last month, by a vote of 5-4, this same court refused to require the DNA testing.
“Help me, I’m Amanda Berry … I’ve been kidnapped and I’ve been missing for 10 years. And I’m here, I’m free now.”
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SUMMARY On May 6, 2013, three women from Cleveland, Ohio – Amanda Berry, Georgina “Gina” DeJesus, and Michelle Knight – were rescued from their nine- to eleven-year captivity after Berry escaped and contacted police. They were freed from a house owned by Ariel Castro, the suspect in their kidnappings. A six-year-old daughter of Berry, born while she was captive, was also rescued.
Knight disappeared in Cleveland in 2002 at age 21, Berry in 2003 at 16, and DeJesus in 2004 at 14. While captive, the women had multiple pregnancies, at least one live birth (Berry’s daughter), and multiple miscarriages. The women were at times bound with chains and rope.
Ariel Castro was arrested on May 6, 2013, shortly after the women were freed. On May 8, Castro was charged with four counts of kidnapping and three counts of rape, charges that carry prison sentences of 10 years to life. On May 9, Castro’s bail was set at $8 million. Additional charges are pending, including aggravated murder (for terminating the pregnancies), attempted murder, assault, a charge for each instance of rape, and a kidnapping charge for each day each victim was held captive. The case received front-page news coverage worldwide.
THE ABDUCTIONS
Michelle Knight Michelle Knight was last seen on August 22, 2002, when she left her cousin’s house. She disappeared near West 116th Street and Lorain Avenue, on a day she was to appear in court for a child custody case concerning her son. She was 21 years old at the time of her disappearance. Police put far fewer resources into the Knight case than the Berry or DeJesus cases, partly because they had very few leads, and due in part to the fact that she was an adult, and was believed to have run away. Knight’s removal from the National Crime Information Center database, 15 months after she disappeared, has been criticized, although police and the FBI maintain that her inclusion or exclusion had no bearing on her rescue.
According to a report by officers who found Knight, she accepted a ride from Castro, but he instead drove her to his house. She was tied up in his basement and beaten, and was eventually moved upstairs to a locked room.
Before she escaped, police and family members came to believe that Knight may have left on her own, frustrated after losing custody of her son. Her mother thought she had once seen her with an older man at a shopping plaza on West 117th Street.
Amanda Berry Amanda Marie Berry went missing on April 21, 2003, at age 16, one day before her 17th birthday. She was believed to have made it home from her job at a Burger King at West 110th Street and Lorain Avenue, and she changed from her uniform at her family’s apartment, but no one witnessed her there. She left money and all her clothes at home. She was known to have had plans to celebrate her birthday the next day. Berry has told police that after her shift a Burger King, she accepted a ride home from Castro, who said he had a son who worked there as well. She called her family to say she was getting a ride home, but instead was taken to Castro’s house and imprisoned.
Police initially considered Berry a runaway, until a man used her cell phone to call her mother, Louwanna Miller, claiming the teenager would return in a few days and that they were married. Miller searched for her daughter for three years, but died in 2006 of heart failure.
Berry was featured in a 2004 segment of America’s Most Wanted, which re-aired in 2005 and 2006 and linked her to Gina DeJesus, who at that point had subsequently also gone missing in Cleveland. They were profiled on The Oprah Winfrey Show and The Montel Williams Show, where self-described psychic Sylvia Browne told Miller in 2004 that her daughter Amanda was dead, and that she was “in water.” Browne received significant media criticism for her prediction being “false and potentially damaging.”
Before her disappearance, Berry had been in a gifted program at John Marshall High School, but had switched to an online home school program in which she was on track for early graduation.
Gina DeJesus
Georgina “Gina” Lynn DeJesus went missing at age 14. She was last seen at a pay phone at about 3 p.m. on April 2, 2004, as she headed home from her middle school at West 105th Street and Lorain Avenue. She and suspect Ariel Castro’s daughter Arlene Castro had called Ariel’s wife, Grimilda Figueroa, asking to have a sleepover at DeJesus’ house, but Figueroa said they could not. Berry and DeJesus disappeared within five blocks of each other, perhaps even on the same block.
DeJesus said Castro offered her a ride to his house to see his daughter, her friend. Instead she was taken captive.
No AMBER Alert was issued the day DeJesus disappeared, because no one had witnessed her being abducted. The lack of an AMBER Alert angered her father, Felix DeJesus, who said in 2006 that he believed the public would listen even if the alerts become routine. A week after Gina’s disappearance, police released a sketch and description of an Hispanic man aged 25 to 35, 5 ft 10 in (1.78 m) tall, weighing 165 to 185 pounds (75 to 82 kg), with green eyes and a pencil-thin beard. The suspect had been seen near her school driving a light blue or white car, and asking for Gina.
DeJesus was featured on America’s Most Wanted in 2004, 2005, and 2006, and the television program also linked her to Berry. The disappearances received regular media attention over the years, as recently as 2012, while family and others held vigils and searched for DeJesus and Berry. Ariel Castro was identified by Gina’s family in video footage of two of these vigils and he reportedly participated in a search party and tried to get close to the family. Police kept an active investigation open, offering a $25,000 reward for information on their location.
THE DISCOVERY On May 6, 2013, Knight, DeJesus, Berry, and a previously unknown 6-year-old female child of Berry were found in a home at 2207 Seymour Avenue, in the residential Tremont neighborhood 3 miles (4.8 km) from where the three young women had disappeared. Neighbor Angel Cordero responded to the noise of a woman screaming, but was apparently unable to communicate with the women inside the house, since he spoke little English.
Another neighbor, Charles Ramsey, joined Cordero at the door and said that a woman, later identified as Berry, told him that she was being kept in the house with her baby against her will. Because the door was locked, Ramsey and Cordero together kicked a hole in the bottom of it, and she crawled through, carrying her daughter. Berry was wearing a jumpsuit, white tank top, rings, and mascara.Upon being freed, she went to the house of another Spanish-speaking neighbor and called 9-1-1, saying, “Help me, I’m Amanda Berry … I’ve been kidnapped and I’ve been missing for 10 years. And I’m here, I’m free now.”
Several responding officers crawled in the broken bottom of the front door and searched the house with guns drawn. One of the officers saw a pair of eyes peeking through a slightly opened upstairs bedroom door. Michelle Knight fled the room and leapt into the arms of an officer, repeatedly saying “you saved me”. Soon DeJesus entered the hall from another room. The women were able to walk out of the home and all three women and the child were taken to MetroHealth Medical Center. They were all released from the hospital by the next morning, although Knight later returned for unspecified reasons.
INVESTIGATION DEVELOPMENTS A suspect, Ariel Castro, was arrested on May 6, 2013, and charged with four counts of kidnapping and three counts of rape on May 8. Two brothers of Castro’s were also initially taken into custody, but they were released a few days later after police announced that they had no involvement in the kidnappings.
Police said that, based on victim interviews, the women were initially kept in chains and ropes in the basement before being locked in upstairs rooms. They were only twice taken outside, in disguise, and only as far as the garage. An unnamed police source said the young women had multiple miscarriages and at least one live birth. WKYC reported that the women were raped repeatedly by their captor, and beaten severely when they became pregnant. According to The New York Post, one young woman had three miscarriages, and Knight may have suffered hearing loss from the beatings. According to a police report obtained by CBS News, Michelle Knight had five miscarriages caused by starvation and beatings by Castro to her stomach.
The suspect is believed by police to have fathered Berry’s 6-year-old daughter, and the suspect’s DNA has been obtained to compare against the girl’s DNA. The girl was at times taken from the home, and visited the suspect’s mother, calling her “grandmother”. Castro’s DNA is being tested on a high priority basis so it can be compared to unknown DNA in other crimes.
Various law enforcement officers searched Ariel Castro’s property collecting evidence. A cadaver dog was used, but no human remains were discovered. The criminal investigation is ongoing as the Cleveland Police Department faces public scrutiny and questions about how it handled the women’s abductions.
Reprint, primary source: Wikipedia (verified through other reliable news sources)
People dress in orange jumpsuits and black hoods as activists demand the closing of the U.S. military’s detention facility in Guantánamo during a protest, part of the Nationwide for Guantánamo Day of Action, on April 11 in New York’s Times Square. (Photo: Stan Honda/AFP/Getty)
One man here weighs just 77 pounds. Another, 98. Last thing I knew, I weighed 132, but that was a month ago.
I’ve been on a hunger strike since Feb. 10 and have lost well over 30 pounds. I will not eat until they restore my dignity. I’ve been detained at Guantánamo for 11 years and three months. I have never been charged with any crime. I have never received a trial.
I could have been home years ago — no one seriously thinks I am a threat — but still I am here. Years ago the military said I was a “guard” for Osama bin Laden, but this was nonsense, like something out of the American movies I used to watch. They don’t even seem to believe it anymore. But they don’t seem to care how long I sit here, either.
When I was at home in Yemen, in 2000, a childhood friend told me that in Afghanistan I could do better than the $50 a month I earned in a factory, and support my family. I’d never really traveled, and knew nothing about Afghanistan, but I gave it a try.
I was wrong to trust him. There was no work. I wanted to leave, but had no money to fly home. After the American invasion in 2001, I fled to Pakistan like everyone else. The Pakistanis arrested me when I asked to see someone from the Yemeni Embassy. I was then sent to Kandahar, and put on the first plane to Gitmo.
Last month, on March 15, I was sick in the prison hospital and refused to be fed. A team from the E.R.F. (Extreme Reaction Force), a squad of eight military police officers in riot gear, burst in. They tied my hands and feet to the bed. They forcibly inserted an IV into my hand. I spent 26 hours in this state, tied to the bed. During this time I was not permitted to go to the toilet. They inserted a catheter, which was painful, degrading and unnecessary. I was not even permitted to pray.
I will never forget the first time they passed the feeding tube up my nose. I can’t describe how painful it is to be force-fed this way. As it was thrust in, it made me feel like throwing up. I wanted to vomit, but I couldn’t. There was agony in my chest, throat and stomach. I had never experienced such pain before. I would not wish this cruel punishment upon anyone.
I am still being force-fed. Two times a day they tie me to a chair in my cell. My arms, legs and head are strapped down. I never know when they will come. Sometimes they come during the night, as late as 11 p.m., when I’m sleeping.
There are so many of us on hunger strike now that there aren’t enough qualified medical staff members to carry out the force-feedings; nothing is happening at regular intervals. They are feeding people around the clock just to keep up. During one force-feeding the nurse pushed the tube about 18 inches into my stomach, hurting me more than usual, because she was doing things so hastily. I called the interpreter to ask the doctor if the procedure was being done correctly or not.
It was so painful that I begged them to stop feeding me. The nurse refused to stop feeding me. As they were finishing, some of the “food” spilled on my clothes. I asked them to change my clothes, but the guard refused to allow me to hold on to this last shred of my dignity.
When they come to force me into the chair, if I refuse to be tied up, they call the E.R.F. team. So I have a choice. Either I can exercise my right to protest my detention, and be beaten up, or I can submit to painful force-feeding.
The only reason I am still here is that President Obama refuses to send any detainees back to Yemen. This makes no sense. I am a human being, not a passport, and I deserve to be treated like one.
I do not want to die here, but until President Obama and Yemen’s president do something, that is what I risk every day. Where is my government? I will submit to any “security measures” they want in order to go home, even though they are totally unnecessary. I will agree to whatever it takes in order to be free. I am now 35. All I want is to see my family again and to start a family of my own.
The situation is desperate now. All of the detainees here are suffering deeply. At least 40 people here are on a hunger strike. People are fainting with exhaustion every day. I have vomited blood. And there is no end in sight to our imprisonment. Denying ourselves food and risking death every day is the choice we have made.
I just hope that because of the pain we are suffering, the eyes of the world will once again look to Guantánamo before it is too late.
Samir Naji al Hasan Moqbel
Samir Naji al Hasan Moqbel is a 35-year-old citizen of Yemen. As of April 30, 2013, he has been held at Guantánamo for 11 years three months. Moqbel told this story, through an Arabic interpreter, to his lawyers at the legal charity Reprieve in an unclassified telephone call.
NEW DELHI — A 4-year-old girl who was raped and dumped near a crematorium in central India died on Monday evening from cardiac arrest, hospital authorities said Tuesday.
The girl, the daughter of day laborers, was lured from her home in the town of Ghansor in Madhya Pradesh State on April 17 and found the next day by her parents, bleeding profusely, the police said.
Her kidnapper seized her after promising to buy her bananas from a nearby shop, a police official said Tuesday. She had been in a coma since April 18, Ashok Tank, a doctor who cared for her at Care Nagpur Hospital, said in a telephone interview Tuesday. She suffered severe brain injuries and severe injuries to her vagina, he said, and had been on a ventilator.
“Her heart and lungs stopped functioning,” Dr. Tank said. “It is very inhuman that such a young girl was subjected to sexual abuse.” The girl was transferred from a hospital in Madhya Pradesh to Care Nagpur, in nearby Maharashtra State, on April 20.
The police have arrested Firoz Khan, 27, a welder who worked at the nearby Jhabua Power Plant, in the attack. They have also arrested a second man, Rakesh Chaudhary, 25, who is accused of bringing the girl to her attacker.
“The investigation is going on,” said Mithlesh K. Shukla, superintendent of police for the Seoni district. “They will be charged soon and we will ensure that they get the strictest punishment.”
Dozens of news vans are again camped in front of a major hospital in New Delhi, jockeying for space behind the yellow police barricades so ubiquitous in the Indian capital in recent months. Inside, the 5-year-old victim of another grotesque rape has been making the first steps in what is sure to be a long recovery after being kidnapped, sexually assaulted and left for dead last week in an apartment one floor beneath her family home. On April 22, doctors at the All India Institute of Medical Sciences (AIIMS) hospital told reporters that the girl was showing steady signs of recovery after undergoing several procedures. Two men have been arrested in connection with the attack.
For days, scenes across the capital have recalled the weeks following the Dec. 16 gang rape of a 23-year-old student, who later died of her wounds. Demonstrators have again been gathering by the hundreds, clashing with authorities in their outrage at the failure of the police and the government to better protect India’s citizens and, in particular, its women. Several streets near the government in central New Delhi were barricaded as protesters from the opposition Bharatiya Janata Party, among others, marched toward Parliament.
Before this most recent attack, the initial outrage over the brutality of the Dec. 16 crime had been slowly fading in New Delhi, in spite of the unnervingly steady stream of violent rapes that have continued to be reported by Indian media across the country. In March, the government passed a new, tougher rape law that, among other things, allows for rapes resulting in fatalities to be punishable by death. But many say that the more systemic problems at the root of India’s rising violent crime — such as chronic police understaffing, poor training and a lack of political will to change either — have not been addressed. Sexual assaults are considered to be vastly underreported, and the ones that are reported often go nowhere. In New Delhi alone, of more than 600 rape cases filed last year, just one resulted in a conviction.
Photo: Manish Swarup/ AP
The police handling of both sexual assault and crime against children came under fresh attack as the circumstances of the 5-year-old’s ordeal emerged. After their daughter had gone missing two days before, the family of the victim heard her crying in a locked ground-floor room in the building they live in. After breaking into the room and rushing the girl to local police, the family told reporters that the officers on duty offered them 2000 rupees — a little less than $40 — to quietly disappear and not register a report, a practice observers say is common in a system ill-equipped to handle its caseload. Over the weekend, protesters stormed police headquarters, calling for the resignation of the police commissioner. In response, police handed out pamphlets promising that both the rape case and the offending authorities would be dealt with swiftly, and on Monday, Indian Home Minister Sushilkumar Shinde told Parliament that the government had taken action against the officers on duty.
What started out as a case about whether corporations could be held accountable in U.S. courts for human rights abuses against foreigners abroad turned into a case about whether anyone can be held accountable. And on Wednesday, the U.S. Supreme Court held that the answer is, mostly, no.
In a sweeping holding, Chief Justice John Roberts led a splintered court in ruling that several Nigerians alleging an oil company aided an abetted torture, arbitrary killings, and indefinite detention could not sue, because the corporate conduct occurred outside the United States. Roberts reasoned that what is known as the “presumption against extraterritoriality” applies to a 200-year-old statute that authorizes civil lawsuits by “aliens” for “violations of the law of nations,” meaning courts should err against enforcing a law intended to punish egregious foreign conduct in the frequent instances when that conduct takes place in a foreign country.
“[T]here is no indication that the ATS was passed to make the United States a uniquely hospitable forum for the enforcement of international norms,” Justice Roberts wrote for the majority inKiobel v. Royal Dutch Petroleum.
Roberts’ conclusion is rebutted by the very conduct the Alien Tort Statute was designed to prevent. Piracy was one of the primary torts targeted by Congress at the time of ATS’ passage – conduct that inherently takes place on the high seas. Justice Stephen Breyer explains in a four-justice concurring opinion that would decide the case on significantly narrower grounds:
As I have indicated, we should treat this Nation’s interest in not becoming a safe harbor for violators of the most fundamental international norms as an important jurisdiction related interest justifying application of the ATS in light of the statute’s basic purposes—in particular that of compensating those who have suffered harm at the hands of, e.g., torturers or other modern pirates. Nothing in the statute or its history suggests that our courts should turn a blind eye to the plight of victims in that “handful of heinous actions.
Now, that handful of heinous actions will have to find remedy elsewhere. This decision not only means that Nigerians cannot sue foreign corporations for their conduct abroad. On this particular point, the four-justice Breyer concurrence agreed that this case did not pass muster. Roberts’ sweeping pronouncement against extraterritoriality may also mean that foreign nationals subject to abuse, for example, at the hands of a U.S. corporation that houses its factories in places whose laws shield it from liability, or an American citizen who commits human rights violations abroad against foreigners, also could not be subject to suit in the United States.
In two recent federal appeals court decisions, lawsuits that challenged torture abroad by two foreign actors were allowed to proceed in U.S. courts because the defendants had lived or were living in the United States. As Justice Breyer points out, Congress is aware that the ATS is the basis for these sorts of lawsuits, and has not sought to amend the act in any way – likely because they recognize that the act was intended to target foreign conduct that is otherwise difficult to reach. But that did not stop the Roberts majority from inferring the narrowest possible congressional intent.
The scope of the opinion will not become clear until it is interpreted by courts. Extraterritoriality is a legal concept that asks not just whether conduct took place abroad, but also whether the claims “touch and concern the territory of the United States” such that a plaintiff can overcome the presumption against them. The only hint the court gives is that lawsuits against corporations will face a particularly heavy burden, noting, “Corporations are often present in many countries, and it would reach too far to say that mere corporate presence suffices.”
What is clear is that the presumption is exceedingly difficult to overcome, and that both individuals and corporations have a high chance of skirting liability simply by doing their dirty work elsewhere.
My Two Cents: All the justices agreed the statute was inapplicable to the case at bar but for different reasons. In doing so, the SCOTUS served a major blow to human rights organizations that have used the statute, at least in recent times, to hold multinational corporations (MNCs) accountable for human rights violations committed against foreign nationals in their country of origin. Justice Roberts could have dismissed the case on a number of procedural grounds or simply deferred the case back to the lower court. Instead the majority used the case to redefine the ATS so narrowly as to render it useless. Why, I ask, was necessary to throw out the baby with the bath water? In my opinion, this case was not about policing the world or opening American courts to every frivolous claim of abuse on the planet. This case was about a MNC, with significant ties to the U.S., allegedly committing gross human rights on foreign soil against U.S. foreign nationals. MNCs are now free to set up shop in a foreign country, collude with host countries’ government for precious resources and land rights, pollute the soil and water, poison the air and have those who protest too much (or too loudly) summarily disappeared or executed w/o fear of being sued or held accountable in any meaningful way!
Silver lining: The SCOTUS left open the possibility that it might review other cases that are filed under the statute so long as the new elements and jurisdictional prerequisites are met.
Alleged Boston bombers Tamerlan Tsarnaev, 26, left, and Dzhokhar Tsarnaev, 19.
In 1901, a 28-year-old American named Leon Czolgosz assassinated US President William McKinley. Czolgosz was born in America, but he was of Polish descent. After McKinley died, the American media blamed Polish immigrants. They were outsiders, foreigners, with a suspicious religion – Catholicism – and strange last names.
At a time when Eastern European immigrants were treated as inferior, Polish-Americans feared they would be punished as a group for the terrible actions of an individual. “We feel the pain which this sad occurrence caused, not only in America, but throughout the whole world. All people are mourning, and it is caused by a maniac who is of our nationality,” a Polish-American newspaper wrote in an anguished editorial.
It is a sentiment reminiscent of what Muslims and Chechens are writing – or Instagramming - today, after the revelation that Dzokhar and Tamerlan Tsarnaev, the suspects in the Boston Marathon bombings, are of Chechen descent. At this time, there is no evidence linking the Tsarnaev brothers to a broader movement in Chechnya, a war-torn federal republic in southern Russia. Neither of the brothers has ever lived there. The oldest, Tamerlan, was born in Russia and moved to the US when he was sixteen. The youngest, Dzokhar, was born in Kyrgyzstan, moved to the US when he was nine, and became a US citizen in 2012.
Despite the Tsarnaevs’ American upbringing, the media has presented their lives through a Chechen lens. Political strife in the North Caucasus, ignored by the press for years, has become the default rationale for a domestic crime.
“Did Boston carnage have its roots in Stalin’s ruthless displacement of Muslims from Chechnya decades ago?” asked The Daily News, a question echoed by the National Post, the Washington Post , and other publications that refuse to see the Tsarnaevs as anything but walking symbols of age-old conflicts. Blame Stalin, the pundits cry, echoing the argument made every time something bad happens in the former Soviet Union. Blame Stalin, because we can pronounce that name.
In one sense, this sentiment is not new. American Muslims have long had to deal with ignorance and prejudice in the aftermath of a terrorist attack. “Please don’t be Muslims or Arabs“, goes the refrain, as unnecessary demands for a public apology from Muslims emerge. This week made it clear that it is Muslims who are owed the apology. After wild speculation from CNN about a “dark-skinned suspect”, on Thursday the New York Post published a cover photo falsely suggesting a Moroccan-American high school track star, Salah Barhoun , was one of the bombers. ”Jogging while Arab” has become the new ” driving while black “.
Later that Thursday, the FBI released photos of two young men wearing baseball caps – men who so resembled all-American frat boys that people joked they would be the target of “racial bro-filing“. The men were Caucasian, so the speculation turned away from foreign terror and toward the excuses routinely made for white men who kill: mental illness, anti-government grudges, frustrations at home. The men were white and Caucasian – until the next day, when they became the wrong kind of Caucasian, and suddenly they were not so “white” after all.
Jackie and Mike Bezos have donated a personal gift of $25,000 to "The RaiseForWomen challenge," a fundraising initiative supporting nonprofits doing work to empower women and girls around the world. The donation, combined with $75,000 from The Skoll Foundation, brings to $100,000 the total in prizes going to the causes that raise the most funds. Ja […]
We are thrilled to announce a very successful first week in the RaiseforWomen Challenge, with over $126,000 raised! We would like to thank everyone who has participated in the challenge so far. We have under five weeks left –– until June 6 –– to raise as much as possible! Half the Sky Movement will be giving out weekly prizes to individuals participating in […]
I remember reading Betty Harragan’s Games Mother Never Taught You when it first came out over thirty years ago. As a woman entrepreneur, that book had a huge impact on me — both in how to navigate at work, a new universe that felt like I had been dropped onto Mars, and how I saw myself as an agent of change. This was long before cell phones, the Internet, an […]
A week after the Department of Justice notified the Associated Press that it had secretly seized records for more than 20 phone lines in a leak investigation, The Washington Post uncovered an overlooked search warrant in another leak case that raises similar – and perhaps more serious – constitutional concerns. The Post reported that in 2010, an FBI countere […]
Eighty-three Indian guestworkers who fell victim to a massive human trafficking scheme filed suit today against Signal International, LLC. The lawsuits allege that the defendants trafficked over 500 Indian guestworkers after Hurricane Katrina and forced them to work for Signal in grossly exploitative and abusive conditions after they were lured to the United […]
In yesterday's flurry of activity in the Senate Judiciary Committee on the comprehensive immigration reform bill, there were two big wins for civil liberties: Blumenthal 2, an amendment that limits solitary confinement in immigration detention, and Blumenthal 8, an amendment that restricts Immigration and Customs Enforcement (ICE) and Customs and Border […]
Headline Title: ‘For many displaced Syrians, going back is out of the question’ 22 May 2013 This is part of a special ‘People on the Move’ series, highlighting the human rights violations faced by migrants, refugees and asylum-seekers in every part of the world. These profiles are being published around the launch of Amnesty International's Annual Repo […]
Headline Title: Guatemala overturns historic genocide conviction 21 May 2013 Guatemala's Constitutional Court on Monday overturned the recent conviction and sentencing of former military ruler Efrain Rios Montt for genocide and crimes against humanity. "This ruling is a devastating blow for the victims of the serious human rights violations commit […]
Headline Title: Saudi Arabia: Five beheaded and ‘crucified’ 21 May 2013 Saudi Arabia must halt a “disturbing” rise in death penalty usage that has resulted in at least 47 state killings in the country already this year, Amnesty International urged after six more people were executed today.Five Yemeni men were beheaded and “crucified” this morning in the cit […]
Tweet Widget Facebook Like Email On May 23, 2013, US President Barack Obama will give a speech at the National Defense University on counterterrorism policy. Human Rights Watch has long reported on US counterterrorism policy, and has recently made a number of recommendations that address issues on the president’s agenda. On May 23, 2013, US President Barack […]
Tweet Widget Facebook Like Email The Afghan government should take urgent steps to halt an alarming increase in women and girls imprisoned for “moral crimes." (Kabul) – The Afghan government should take urgent steps to halt an alarming increase in women and girls imprisoned for “moral crimes,” Human Rights Watch said today. Commitments by senior govern […]
Tweet Widget Facebook Like Email Côte d’Ivoire’s government has made little progress in addressing root causes of the country’s decade of politico-military violence in the two years since President Alassane Ouattara’s inauguration on May 21, 2011. These problems threaten the country’s long-term stability despite a strong economic rebound. (Nairobi) – Côte d’ […]
“As we come together as a nation to tackle our broken immigration system, it is deplorable that a small number of Senators have been able to stand in the way of progress for lesbian and gay couples torn apart by discriminatory laws...
Tabitha Waugh, a registered nurse in a West Virginia hospital, can't complain about the pay. But it's tough finding time with her kids and the work takes a toll, physically and mentally. "I just don't want to do direct patient care forever," she said.
Environmental factors are responsible for 23 percent of the overall global disease burden, according to World Health Organization research. Addressing such pollution could save the lives of 6 million women a year.
Much has changed in the world of comedy thanks to strong female voices since "They Used to Call Me Snow White . . . But I Drifted" was first released in 1991, says Gina Barreca in this updated version of the book.
The United Nations human rights chief today welcomed the decision of dozens of international companies to sign on to an fire-and-safety agreement in the aftermath of the deadly factory collapse in Bangladesh, while calling for additional actions to overhaul the entire garment sector.
Members of Boko Haram and other extremist groups in Nigeria could face war crimes charges for deliberate acts leading to ethnic and religious cleansing, the top United Nations human rights official said today.
Marking the International Day Against Homophobia, United Nations officials today issued a call on Governments worldwide to protect the rights of lesbian, gay, bisexual and transgender (LGBT) individuals, and strike laws that discriminate against them.
Ahead of World Environment Day, UNEP Showcases Methods such as Condensing Cows, Storing Seabirds in Sealskins and Freeze-Drying Potatoes in the Open Air […]
President Barack Obama and Vice President Joe Biden meet with DREAMers who have received Deferred Action and U.S. citizen family members of undocumented immigrants, in the Oval Office, May 21, 2013. (Official White House Photo by Pete Souza) As the Senate debates bipartisan immigration reform legislation, the President and the Vice President hosted a meeting […]
Ed. Note: You can help people affected by the recent tornadoes through American Red Cross Disaster Relief. If you are in the affected areas, you can also register as "Safe and Well" to let your friends and family know you are okay. Check back here for more information — we'll continue updating this post as the response effort develops. 5/21/13 […]
President Barack Obama holds a bilateral meeting with President Thein Sein of Myanmar in the Oval Office, May 20, 2013. (Official White House Photo by Lawrence Jackson) Today President Obama welcomed President Thein Sein of Myanmar to the White House for a bilateral meeting, the first visit to the United States by a leader of that country in almost 50 year […]
Editor’s note: At AIDS.gov, we continue to look for ways to increase the reach of existing HIV/AIDS programs through technology and innovation. The White House is leading a Google+ hangout series about that very topic. Read more from the Office of Science and Technology Policy. This live event has concluded. Watch the first “We the Geeks”...
May 18th was HIV Vaccine Awareness Day, and we wanted to remind you of several posts we did last week on that subject. On Friday, we featured a guest post, Moving Forward on HIV Vaccine Awareness Day, by Dr. Nelson Michael, director of the U.S. Military HIV Research Program. And then we posted this video...
The Food and Drug Administration (FDA) wants to talk to people living with HIV (PLWH) and HIV/AIDS advocates. On June 14, under its Patient-Focused Drug Development initiative, FDA will ask PLWH to join an open public discussion about: the impact of HIV on your daily life, experience with currently available therapies to treat HIV, your...
On Monday, a female Air Force general — Lt. Gen. Susan Helms — found her career in question after a hold was placed on her nomination to become vice commander of Space Command. The reason? Her decision to overturn a case of aggravated sexual assault, much in the same fashion as seen in the Wilkerson case. Legislation is currently on the Hill to strike the ability of generals to overturn jury cases in instances of sexual assault, but the underlying problem remains.
Samir Naji al Hasan Moqbel
