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.
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.
Today is Earth Day! Over one billion people in 192 countries are participating from London to Sao Paolo, Seoul to Babylon City, New Delhi to New York, Rome to Cairo; people everywhere are taking action in their communities and helping depict today’s official theme, The Face of Climate Change. I decided to “play” on this year’s theme when creating the slideshow above. The images I chose are meant to depict the voices behind some of the faces demanding climate change and host of other environmental initiatives.
Curious about what else is happening around the world? Here are just a few of the events taking place:
In Copenhagen, Denmark—as well as in six other cities on five continents—the Danish Cultural Institute is organizing its annual CO 2 Green Drive Project in honor of Earth Day. Runners, walkers, bikers, and skaters are using their cities as canvasses to spell “CO 2“ with GPS devices.
In Argentina, volunteers from the Surfrider Foundation are cleaning up the local beaches and planting evergreens and Tamarisk shrubs to help prevent wind and water erosion.
5,000 miles to the northeast, in Ghana, The Rural Education and Development Programme (REDEP) is hosting a three-part event that includes a community clean-up, a “Face of Climate Change” theatre production, and an environmentally-themed essay contest.
A local organization in Jalandhar, India—in coordination with Earth Day Network India—is distributing free saplings to students and hosting a discussion about the effects of climate change and ways to mitigate it.
In Milan, Italy, thousands of people are gathering for the Earth Day Italia Festival to learn about environmental issues and spur action on local green initiatives.
Meanwhile in Seoul, South Korea, Ecomom Korea is organizing an “Eco-style”
Earth Day Flash Mob, a variation of the popular song “Gangnam Style,” as well as hosting an Earth Day Walkathon and an Earth Day exhibition, which will showcase The Face of Climate Change photo display.
In Santa Barbara, California, thousands of people attended the local Earth Day Festival, which included live music, speakers, a Green Car Show, and special awards given to Van Jones and Bill Nye.
In Veracruz, Mexico, Tortugas Fundacion Yepez is mobilizing volunteers to protect the habitat of sea turtles by cleaning up the local beaches and organizing a reforestation campaign.
The Bent Al-Rafedain Organization in Babylon, Iraq—in cooperation with the Department of the Environment—is honoring Earth Day by documenting the sources of pollution in their community and organizing a media campaign to educate residents and encourage government officials to reduce pollution.
In Columbus, Ohio, Green Columbus is mobilizing hundreds of volunteers to pull invasive plants, clean up neighborhoods, and plan trees at over 100 volunteer sites across the state.
Far away in Chuuk, Micronesia, Xavier High School is hosting an Earth Day Conference with the theme “The Face of Climate Change” that will feature a neighborhood clean-up, speakers, educational workshops, and an environmentally-themed school song competition.
Whatever you do on Earth Day 2013, I challenge you to do it every day and see what difference you can make from now until Earth 2014.
Today is the first day of the new year, 1 January 2013. Before embarking on the new year, I wanted to share a list compiled by Freedom House that reflects back on some of last year’s human rights developments. How did the world do following an eventful 2011?
Unfortunately, the bad seemed to outweigh the good this year, as many authoritarians held on to power and continued upheaval in the Middle East threatened to derail any democratic progress. Internal conflicts in a number of African countries boiled over, and the bulk of the former Soviet Union appeared to be moving in the wrong direction. Meanwhile, widely hailed political achievements in countries like Burma, Egypt and Georgia were complicated by negative twists.
Ongoing ethnic conflicts in Burma have undercut a recent democratic opening that was significant enough to allow the first visit by a U.S. president. Relatively free and competitive elections in Egypt have been overshadowed by continued unrest and authoritarian maneuvers by President Mohamed Morsi. In Georgia, what was considered a historic democratic transfer of power has been potentially jeopardized by what some regard as politically motivated prosecutions of former ruling party officials.
Though this list is far from exhaustive, the following were some of the best and worst human rights developments in 2012.
BEST
LGBTI Victories in the Western Hemisphere:
There were several important victories in the battle for LGBTI rights in 2012, particularly in the United States and Latin America. A U.S. president voiced public support for gay marriage for the first time, and three states — Washington, Maryland and Maine — passed laws allowing same-sex marriage, bringing the total number of states with such rules to nine. In addition, the first openly gay woman was elected to the U.S. Senate. In Argentina, where same-sex marriage has been legal since 2010, the Senate passed legislation that allows gender to be legally changed without medical or judicial approval, and includes sex-change surgery and hormone treatment in government health insurance plans. The same month, Chile passed an anti-discrimination law that penalizes all forms of discrimination. Although not specifically written to protect LGTBI rights, the measure was spurred by the brutal killing an openly gay man. Even Cuba has jumped on the bandwagon, electing its first transgender person to municipal office. Same-sex marriage is also legal in Canada and some parts of Mexico. Sadly, for all of the progress seen in this hemisphere, the situation for LGBTI people has actually worsened in much of Eurasia and Africa.
Passage of the Magnitsky Act:
Russia’s human rights decline made it an easy choice for this year’s “worst” list, but one development is worthy of celebration — the passage by the U.S. Congress of the Magnitsky Act. The legislation is named after Russian lawyer Sergei Magnitsky, who died in jail after exposing a multi-million dollar fraud by Russian officials. It will place visa bans and asset freezes on Russian officials involved in human rights abuses. The bill received overwhelming bipartisan support as part of a larger measure that normalizes trade relations with Russia and Moldova. President Obama signed the legislation on December 14 despite harsh objections from the Kremlin. This law could set a precedent for how the United States and other free societies address gross human rights violations around the world. The European Parliament has endorsed the adoption of similar legislation.
Conviction of Charles Taylor:
In April, former Liberian president Charles Taylor became the first former head of state to be convicted of war crimes since World War II. He was sentenced in May by a UN-backed special tribunal to 50 years in prison for his role in a decade-long civil war in Sierra Leone. He was specifically found guilty of aiding and abetting the “commission of serious crimes including rape, murder, and destruction of civilian property” by rebel forces in that country. Taylor stepped down as Liberian president in 2003 amid serious domestic challenges to his rule and international calls for his resignation. His departure ended 14 years of intermittent civil war that had killed some 200,000 Liberians. He sought asylum in Nigeria, but was eventually handed over to the special tribunal.
Survival of the Tunisian Revolution:
While the freely elected transitional authorities in Tunisia have been buffeted by public frustration with high unemployment and pressure from conservative Islamists, the country has not yet suffered the fate of many of its neighbors in the aftermath of the 2011 Arab Spring. Varying degrees of instability and repression persist in Libya, Egypt, Bahrain, Yemen and particularly Syria, but Tunisia has made slow if uneven gains in its democratic transition. The constitutional drafting process is creeping forward without the bitter conflicts seen in Egypt, and the ruling Ennahda party, which was at one time a radical Islamist faction, has largely followed through on its commitment to govern moderately and work peacefully with secular parties. As the country approaches the two-year anniversary of the revolution, however, economic struggles have led to anti-government protests, one of which left nearly 200 people wounded, and support for the ruling coalition has definitively waned. The constitution is two months overdue, and there have been some concerning violations of press freedom. Despite these challenges, Tunisia continues to provide a positive example to the wider region.
WORST
Civil War in Syria:
The civil war in Syria is the worst human rights and humanitarian catastrophe in the world today. The latest estimates put the death toll at 42,000, with no end in sight. According to the Committee to Protect Journalists, an alarming number of reporters — 28 — have been killed while covering the conflict in 2012. President Bashar al-Assad’s regime has been on the verge of collapse for months, with many of his top advisers defecting or fleeing the country, yet he has vowed to remain in Syria, dead or alive. It is not even clear that his removal alone would end the fighting. Meanwhile, attacks by government forces on civilians in rebel-held areas are unceasing, and there are now concerns that the military is arming missiles with chemical weapons. Some rebel groups in the fragmented opposition have resorted to kidnapping and retribution killings, raising serious questions about postwar governance. No amount of diplomacy or international pressure has succeeded in convincing Russia to stop providing arms to government forces, or China to back broad-based demands for al-Assad to step down. And there is simply no political will within the United States or the rest of NATO to hasten the end of the conflict through direct intervention.
Devastation in Congo:
Over the past century, the Democratic Republic of the Congo, one of the most resource-rich countries on the African continent, has been gutted by a combination of colonialism, corrupt and ineffective government, ethnic conflict and a succession of armed militias and rebel groups that have raped and pillaged their way through the countryside, often using conscripted child soldiers. As many as five million people have died since the late 1990s. The fraudulent 2011 reelection of feckless president Joseph Kabila was followed by the mutiny of hundreds of ethnic Tutsi soldiers, who then formed the March 23 (M23) rebel movement, widely believed to be funded by neighboring Rwanda. In November, M23 invaded and took control of Goma, a provincial capital with a population of 1 million, leading nearly 140,000 people to flee their homes. The international community has largely turned a blind eye to the country’s seemingly endless crisis, perhaps because there does not appear to be an easy solution. On a positive note, international pressure forced M23 to vacate Goma after just a few weeks, and the United States and Britain, which had long tolerated Rwanda’s denials that it was contributing to the unrest, cut military aid to the country as a result of overwhelming evidence to the contrary. But these steps on their own appear unlikely end the fighting.
Coup and Extremism in Mali:
As in Congo, the horrific human rights situation in Mali was not caused by any single event. Rather it was a cascade of disasters that included a military coup, a reinvigorated Tuareg separatist movement, an influx of hard-line Islamist militants and the combined effects of long-term drought, poverty and corruption. This perfect storm has created a humanitarian crisis that demands international action. Northern Mali is now controlled by militant groups that blend radical Islam with transnational crime. These militants have quickly introduced a crude imitation of Sharia, banning music, destroying historic sites deemed “un-Islamic,” and summarily punishing alleged crimes like alcohol use and adultery. There are widespread reports of rape and forced marriage, as well as the recruitment of child soldiers. According to the latest UN report, over 200,000 people are currently displaced. The international community, deeply concerned by these violations as well as the broader security threat posed by such a sizeable haven for terrorists, has pressured what remains of the Malian government to overcome its internal divisions and prepare for an international invasion to reclaim the rebel-held north.
Russia’s Precipitous Decline:
Since Vladimir Putin’s tightly controlled reelection as president in March, the political situation in Russia has become increasingly dismal, with some experts comparing it to the Soviet era. As part of an escalating clampdown on anti-corruption activists and political opponents, the government has enacted numerous pieces of legislation that will have a harmful impact on human rights and the functioning of civil society. Most disturbingly, one new law requires civil society organizations that receive foreign funds to register as “foreign agents” or face possible criminal charges. In a related development, USAID was forced by the Russian government to withdraw from the country. Expanded definitions of “treason” and “espionage” in the penal code have opened the door for authorities to round up government critics as well as citizens who consult with foreign firms or simply monitor human rights abuses. Other repressive measures have recriminalized libel, curbed Internet freedom, outlawed “homosexual propaganda,” and imposed additional restrictions on public gatherings. Independent voices, some within the government, who have tried to speak out against this wave of legislation have been expelled, arrested or otherwise muzzled.
Repression in Bahrain, Other Gulf States:
After an independent report commissioned by Bahrain’s King Hamad uncovered widespread human rights abuses committed during the violent suppression of a protest movement in February 2011, the government promised to implement the recommended reforms. That was a year ago. Not only has the regime failed to enact anything other than minor cosmetic changes, seemingly designed to mollify the international community, it has also continued on a path of repression. Impunity for the security forces and censorship persist, and dozens of human rights activists remain imprisoned, including 2012 Freedom Award winners Abdulhadi al-Khawaja and his daughter Zainab. In recent weeks, the government has stepped up the pressure, banning “unlicensed” demonstrations and stripping 31 opposition members of their citizenship. Journalists and human rights groups, including Freedom House, have been repeatedly denied entry to the country to report on these abuses. Sadly, Bahrain is not the only Gulf state in decline. Several neighboring governments have begun to make some alarming moves to silence their critics. Deportations, travel bans and unexplained detentions, as well as disturbing new legal restrictions freedom of expression, have been seen in the United Arab Emirates. A ban on “unlicensed” peaceful demonstrations was passed in Kuwait. And Oman has jailed dozens of people for making critical comments about the regime.
The Menace of Blasphemy Laws:
The online dissemination of an offensive film that mocked Islam and sparked violent anti-American riots and protests in more than two dozen countries served as a reminder of the pernicious nature of laws that prohibit blasphemy in many parts of the world. These laws, which ban insults to religions and religious figures, not only have a chilling effect on free expression but are often used to justify violence, repress religious minorities, and settle personal grudges rather than combat intolerance. According to a Freedom House special report, there is no evidence that restricting speech reduces religious intolerance. In fact, the evidence shows that prohibitions on blasphemy actually lead to a wide range of human rights abuses. This does not prevent some Islamic leaders from using global bodies like the United Nations to push for international norms that prohibit blasphemy. In 2011, after enormous advocacy efforts by human rights groups and a number of countries including the United States, Canada and much of Europe, the push for this kind of legislation was replaced by a more circumspect call for the promotion of religious tolerance and dialogue. Sadly, these moderating efforts were endangered this year by yet another flare-up of religious outrage.
LA PLATA, Argentina (AP) — Susana Trimarco was a housewife who fussed over her family and paid scant attention to the news until her daughter left for a doctor’s appointment and never came back.
After getting little help from police, Trimarco launched her own investigation into a tip that the 23-year-old was abducted and forced into sex slavery. Soon, Trimarco was visiting brothels seeking clues about her daughter and the search took an additional goal: rescuing sex slaves and helping them start new lives.
What began as a one-woman campaign a decade ago developed into a movement and Trimarco today is a hero to hundreds of women she’s rescued from Argentine prostitution rings. She’s been honored with the “Women of Courage” award by the U.S. State Department and was nominated for the Nobel Peace Prize on Nov. 28. Sunday night, President Cristina Fernandez gave her a human rights award before hundreds of thousands of people in the Plaza de Mayo.
But years of exploring the decadent criminal underground haven’t led Trimarco to her daughter, Maria de los Angeles “Marita” Veron, who was 23 in 2002 when she disappeared from their hometown in provincial Tucuman, leaving behind her own 3-year-old daughter Micaela.
“I live for this,” the 58-year-old Trimarco told The Associated Press of her ongoing quest. “I have no other life, and the truth is, it is a very sad, very grim life that I wouldn’t wish on anyone.”
Her painful journey has now reached a milestone.
Publicity over Trimarco’s efforts prompted Argentine authorities to make a high-profile example of her daughter’s case by putting 13 people on trial for allegedly kidnapping Veron and holding her as a sex slave in a family-run operation of illegal brothels. Prostitution is not illegal in Argentina, but the exploitation of women for sex is.
The seven men and six women on trial plead “not guilty” and their lawyers have said there’s no physical proof supporting the charges against them. The alleged ringleaders denied knowing Veron and said that women who work in their brothels do so willingly. Prosecutors have asked for up to 25 years imprisonment for those convicted.
Trimarco was the primary witness during the trial, testifying for six straight days about her search for her daughter. The road to trial was a long one.
Frustrated by seeming indifference to her daughter’s disappearance, Trimarco began her own probe and found a taxi driver who told of delivering Veron to a brothel where she was beaten and forced into prostitution. The driver is among the defendants.
With her husband and granddaughter in tow, Trimarco disguised herself as a recruiter of prostitutes and entered brothel after brothel searching for clues. She soon found herself immersed in the dangerous and grim world of organized crime, gathering evidence against police, politicians and gangsters.
“For the first time, I really understood what was happening to my daughter,” she said. “I was with my husband and with Micaela, asleep in the backseat of the car because she was still very small and I had no one to leave her with.”
The very first woman Trimarco rescued taught her to be strong, she said.
“It stuck with me forever: She told me not to let them see me cry, because these shameless people who had my daughter would laugh at me, and at my pain,” Trimarco said. “Since then I don’t cry anymore. I’ve made myself strong, and when I feel that a tear might drop, I remember these words and I keep my composure.”
Micaela, now 13, has been by her grandmother’s side throughout, contributing to publicity campaigns against human trafficking and keeping her mother’s memory alive.
More than 150 witnesses testified in the trial, including a dozen former sex slaves who described brutal conditions in the brothels.
Veron may have been kidnapped twice, with the complicity of the very authorities who should have protected her, according to Julio Fernandez, who now runs a Tucuman police department devoted to investigating human trafficking. He testified that witnesses reported seeing Veron at a bus station three days after she initially disappeared, and that a police officer from La Rioja, Domingo Pascual Andrada, delivered her to a brothel there. Andrada, now among the defendants, denied knowing any of the other defendants, let alone Veron.
Other Tucuman police testified that when they sought permission in 2002 to search La Rioja brothels, a judge made them wait for hours, enabling Veron’s captors to move her. That version was supported by a woman who had been a prostitute at the brothel: She testified that Veron was moved just before police arrived. The judge, Daniel Moreno, is not on trial. He denied delaying the raid or having anything to do with the defendants.
Some of the former prostitutes said they had seen Veron drugged and haggard. One testified Veron felt trapped and missed her daughter. Another said she spotted Veron with dyed-blonde hair and an infant boy she was forced to conceive in a rape by a ringleader. A third thought Veron had been sold to a brothel in Spain — a lead reported to Interpol.
Trimarco’s campaign to find her daughter led the State Department to provide seed money for a foundation in Veron’s name. To date, it has rescued more than 900 women and girls from sex trafficking. The foundation also provides housing, medical and psychological aid, and it helps victims sue former captors.
Argentina outlawed human trafficking in 2008, thanks in large part to the foundation’s work. A new force dedicated to combating human trafficking has liberated nearly 3,000 more victims in two years, said Security Minister Nilda Garre, who wrote a newspaper commentary saying the trial’s verdict should set an example.
“Human trafficking was an invisible problem until the Marita (Veron) case,” Garmendia said. “The case has put it on the national agenda.”
But Trimarco wants more. “I had hoped they would break down and say what they’d done with Marita,” she said.
“I feel here in my breast that she is alive and I’m not going to stop until I find her,” Trimarco said. “If she’s no longer in this world, I want her body.”
Trial Update: The much awaited yearlong verdict was handed down Tuesday, December 11. A three judge panel cleared all 13 defendants accused of kidnapping Marita Veron and forcing her into prostitution amid claims of corruption. Political leaders have called for the judges to be impeached following yesterday’s ruling in the case of missing Maria de los Angeles ‘Marita’ Veron. The outcome is a setback for Argentina’s efforts to combat sex trafficking, which began largely as a result of Susana Trimarco’s one-woman, decade-long quest to find her missing daughter. Trimarco’s search exposed an underworld of organized crime figures who operate brothels with protection from authorities across Argentina.
Just 72 hours ago in the Indian capital of Delhi 14 children were freed from slave labor. They were being held in dark, insanitary conditions and forced to work for up to 15 hours a day making Christmas decorations. Two were just eight years old.
The suffering of these young children, cruelly trafficked into slave labor, is the real Christmas story of 2012. Their plight must become a wake-up call for all concerned about the treatment of vulnerable children around the world. It demands we move immediately to ban all child labor.
The children rescued in Delhi had been beaten and intimidated. Imprisoned in dingy, locked rooms where they were forced to make Christmas goods with no access to light or fresh air. Malnourished and underfed, many had injuries as a result of using glass to make trinkets and because of violent assaults by their gangmasters. All had been sold into slavery and trafficked by middlemen.
The Christmas decorations and seasonal gifts they were making were for export from India to the West. There are near identical items on sale in shops in America and Europe right now.
The courageous morning break-in that freed the children from this slave labor was organized and carried out by Kailash Satyarthi and his co-leaders of Bachpan Bachao Andolan (BBA) and Global March Against Child Labour (GMACL). They faced violent resistance by the gangmasters and thugs.
Because the gangmasters had received a tip off that a raid would take place, most of the children had been whisked away from the workshop and 12 were incarcerated in a pitch-black cell no bigger than 6ft by 6ft.
Only with police help were the locks to the cell broken and all children rescued. They are now receiving rehabilitative care and arrangements are being made for them to go to school.
The ‘Delhi 14′ are just a few of the thousands of children forcibly conscripted into a multi-billion Christmas sweatshop trade in hundreds of hidden factories and workplaces. The child laborers are just a tiny proportion of the 15 million children under the age of 12 who do not go to school because they are forced to work.
Christmas is supposed to be a festive celebration but for the ‘Delhi 14′ it had become a nightmare of exploitation, cruelty, neglect and violence. Their suffering is amongst the most tragic Christmas tales of our times.
The cry for help of a child should be an international language we all are able to understand and respond to immediately.
We must now demand that before the Indian Parliament finishes its session on December the 20th legislation is passed banning all child labor for under fourteens and outlawing hazardous work for under eighteens.
Our petition on EducationEnvoy.org asks concerned citizens around the world to support our call to end child labor.
The figures of child exploitation makes appalling Christmas reading: of the 61 million children who do not go to primary school one in four work full-time. In Africa child labor is rising.
My report on child labor — published with the help of the Brookings Institution‘s Kevin Watkins and a number of organizations including the excellent Understanding Child Work project demonstrates — many children who go to school part-time also work part-time. In total, 215 million children are in some kind of employment.
More alarming is the number of children aged less than 12 who are involved in hazardous forms of labor, 90 million in total. These children are to be found risking their young lives down narrow tunnels mining for gold in Tanzania. They are working on cocoa farms in Ghana and Cote d’Ivoire or in garment factories in South Asia. More than half of these vulnerable children are trafficked, forced into prostitution or armed conflict. The anti-slavery organization Walk Free reports that in some parts of the world children as young as five and six are sold as slaves.
People assume all too readily that child labor will simply die out of its own accord. So we fail to press companies and consumers hard enough to demand the policing and enforcement of anti-child labor laws. For too long governments around the world have stood by and not taken sufficient action to eradicate child labor. That’s why I am now calling on governments, donors and UN agencies to come together and put in place the policies needed to get children out of exploitative employment and into education. Just as universal education was the catalyst a century ago for consigning child labor to the history books of the rich world, so it can free a generation of children today.
The new exposé of the children denied schooling because of child labor comes just six weeks after the Taliban’s shooting of Malala Yousafzai simply because she wanted to go to school. The world is discovering that in 2012 millions of children are forcibly prevented from attending lessons because of child labor, child marriage, child militias, child trafficking and the brutal discrimination against girls. In total 32 million girls and 29 million boys are denied their right to education.
We now know from these appalling new revelations the sheer scale, severity and depth of inhumane treatment visited upon young children, it is time for the U.N. to draw up a plan to end child slavery.
The education of all children cannot of course start to happen until we end the exploitation of children. 2012 must be the year when the casual complacency about the plight of 61 million out of school children ends, 2013 must be the breakthrough year that ushers in urgent and practical action. Let this year’s grim Christmas tale lead to a New Year resolution the world will honor – the end of child slavery once and for all.
Imprisonment of journalists worldwide reached a record high in 2012, driven in part by the widespread use of charges of terrorism and other anti-state offenses against critical reporters and editors, the Committee to Protect Journalists has found. In its annual census of imprisoned journalists, CPJ identified 232 individuals behind bars on December 1, an increase of 53 over its 2011 tally.
Large-scale imprisonments in Turkey, Iran, and China helped lift the global tally to its highest point since CPJ began conducting worldwide surveys in 1990, surpassing the previous record of 185 in 1996. The three nations, the world’s worst jailers of the press, each made extensive use of vague anti-state laws to silence dissenting political views, including those expressed by ethnic minorities. Worldwide, anti-state charges such as terrorism, treason, and subversion were the most common allegations brought against journalists in 2012. At least 132 journalists were being held around the world on such charges, CPJ’s census found.
Eritrea and Syria also ranked among the world’s worst, each jailing numerous journalists without charge or due process and holding them in secret prisons without access to lawyers or family members. Worldwide, 63 journalists are being held without any publicly disclosed charge.
Vietnam, Azerbaijan, Ethiopia, Uzbekistan, and Saudi Arabia rounded out the 10 worst jailers. In two of those nations, Azerbaijan and Uzbekistan, the authorities used retaliatory charges such as hooliganism and drug possession to jail critical reporters and editors. In 19 cases worldwide, governments used a variety of charges unrelated to journalism to silence critical journalists. In the cases included in this census, CPJ determined that the charges were fabricated.
In Turkey, the world’s worst jailer with 49 journalists behind bars, the authorities held dozens of Kurdish reporters and editors on terror-related charges and a number of other journalists on charges of involvement in anti-government plots. In 2012, CPJ conducted an extensive review of imprisonments in Turkey, confirming journalism-related reasons in numerous cases previously unlisted on the organization’s annual surveys and raising the country’s total significantly. CPJ found that broadly worded anti-terror and penal code statutes have allowed Turkish authorities to conflate the coverage of banned groups and the investigation of sensitive topics with outright terrorism or other anti-state activity.
These statutes “make no distinction between journalists exercising freedom of expression and [individuals] aiding terrorism,” said Mehmet Ali Birand, a top editor with the Istanbul-based station Kanal D. Calling the use of anti-state laws against journalists a “national disease,” Birand said “the government does not differentiate between these two major things: freedom of expression and terrorism.” Among the imprisoned is Tayip Temel, editor-in-chief of Azadiya Welat, the nation’s sole Kurdish-language daily, who faced more than 20 years in prison on charges of being a member of a banned Kurdish organization. As evidence, the government has cited Temel’s published work, along with his wiretapped telephone conversations with colleagues and news sources.
Thousands of organizations across the globe are demanding an end to violence in their communities as part of the 2012 16 Days of Activism Against Gender Violence Campaign. On November 25, 2012 the Center for Women’s Global Leadership (CWGL) at Rutgers University will launch the 16 Days Campaign to call for an end to gender-based violence and appeal to governments to respond, protect, and prevent violence against women. Hundreds of events by diverse organizations are planned, including by African Women’s Development Fund, UN Women, Women for a Change Buea, and Women’s International League for Peace and Freedom.
The 16 Days Campaign begins on International Day for the Elimination of Violence Against Women (November 25) and ends on International Human Rights Day (December 10), to emphasize that such violence is a human rights violation. This year’s Campaign theme, From Peace in the Home to Peace in the World: Let’s Challenge Militarism and End Violence Against Women!, highlights the role that militarism plays in perpetuating violence against women and girls.
Against the backdrop of several recent mass shootings in the United States, the Campaign will seek in part to illuminate the relationship between domestic violence and small arms. With nearly 700 million small arms in the hands of private actors today, research shows that having a small arm in the home increases the overall risk of someone being murdered by 41%; for women in particular this risk nearly triples. In addition, a 2005 study by the World Health Organization estimates that at least one in every three women globally will be beaten, raped, or otherwise abused during her lifetime. Violence kills and disables as many women between the ages of 15 and 44 as cancer, and its toll on women’s health surpasses that of traffic accidents and malaria combined.
“The pervasiveness of small arms and the violence militarism perpetuates in our communities the world over, challenges all of us to think critically about militarism in our everyday lives, governments’ actions undertaken in the name of security, and how we can promote a truly peaceful world,” says Dr. Radhika Balakrishnan, Executive Director of CWGL, global coordinator of the 16 Days Campaign.
Many events are planned worldwide to shed light on the impacts of the global arms trade and militarism on communities across the globe and to call for an end to gender-based violence, including:
Across Botswana, Lesotho, and Namibia, Gender Links will engage in dialogue with government councils to monitor national action plans and gender-based violence prevention efforts;
At Tbilisi State University (Georgia), University of Verona (Italy), and the London School of Hygiene and Tropical Medicine (United Kingdom), conferences will be held on war and peace, the politics of sexuality, and violence against women, respectively;
In Port-au-Prince, Haiti, a training seminar for over 1,000 women is planned, along with cultural festivals, murals, and student programs on gender-based violence and reproductive health; and
A blog series on the intersections of gender-based violence and militarism, hosted by the Center for Women’s Global Leadership, Rutgers University, USA will be launched.
The 16 Days Campaign, in its 22nd year, is a testament to the commitment and struggle of women and men worldwide to cast the spotlight on gender-based violence in all its forms and demand that all of society and government bring an end to this human rights violation. Since 1991, the annual 16 Days Campaign has mobilized more than 4,100 organizations in 172 countries to raise awareness about the pervasiveness of the multiple forms of violence women face. From Angola to Japan, the 16 Days Campaign has grown into a powerful platform to educate the public and governments about violence against women and human rights.
The 16 Days of Activism Against Gender Violence is an international campaign from the Center for Women’s Global Leadership at Rutgers University. For more information, visit 16 Days Campaign.
Source: 16 Days of Activism Against Gender Violence (Press Release) – Rutgers University, Center for Women’s Global Leadership Rutgers, The State University of New Jersey 160 Ryders Lane New Brunswick, NJ 08901-8555
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