Posts Tagged ‘injustice’

gresteA highly-credentialled and well-respected Australian journalist (and his two Egyptian colleagues) are now in jail for at least seven years, after a farce of a trial that conclusively failed to produce any evidence that they had done anything wrong at all.

Peter Greste slammed the cage he was being held in when he heard his fate, in a mixture of distress and anger. And well he might. His family and supporters reeled with shock at both the conviction and the savagery of the sentence.

Fairfax Media laid out the background to this case.

Egypt faces international condemnation over the harsh jail sentences handed down to three al-Jazeera journalists – including Australian Peter Greste – with human rights groups describing the verdict as a black day in the country’s unrelenting assault on the freedom of expression in the press and elsewhere.

Egypt’s relentless pursuit of Greste, Canadian-Egyptian bureau chief Mohamed Fahmy and Egyptian producer Baher Mohamed was vindictive and politically motivated, Amnesty International said. Greste and Fahmy were sentenced to seven years in jail and Mohammed was sentenced to 10 years.

Al-Jazeera journalist and Australian citizen Peter Greste stands inside the defendants' cage in a courtroom during the trial.

Al-Jazeera journalist and Australian citizen Peter Greste stands inside the defendants’ cage in a courtroom during the trial. Photo: AP

The prosecution had produced no evidence to back its claims or to support a conviction, Amnesty said. Instead, the three were “pawns” in the bitter geo-political dispute between Egypt and Qatar, the oil-rich Gulf country that finances al-Jazeera.

Qatar has long been perceived as a supporter of the Muslim Brotherhood, the multinational religious and political group labelled a terrorist organisation in Egypt late last year as part of a vicious government security crackdown on the group and its supporters.

The Qatari government pumped billions of dollars in aid to support Egypt’s sinking economy during the 11-month term of the Muslim Brotherhood backed president, Mohamed Mursi.

The Australian ambassador to Egypt, Dr Ralph King, right, sits next to Andrew Greste, brother of defendant Peter Greste during the sentencing hearing.

The Australian ambassador to Egypt, Dr Ralph King, right, sits next to Andrew Greste, brother of defendant Peter Greste during the sentencing hearing. Photo: AP

Once Mursi was forced from power by the Egyptian military, acting on what it described as a groundswell of public support, the retribution against the Brotherhood and its backers was swift and brutal.

“The truth is that Mohamed Fahmy, Peter Greste and Baher Mohamed are prisoners of conscience who must be released immediately and unconditionally,” said Hassiba Hadj Sahraoui, Amnesty’s Middle East and North Africa Program Deputy Director.

As journalists in Eqypt reeled at the implied threat from the kangaroo court trial, Peter Greste’s stunned family regrouped to plan the next phase of their campaign to free him from one of Egypt’s most notorious prisons where he has spent the past six months in a 3mx4m cell with his colleagues, the censures poured in from world leaders.

The fiancee of journalist Mohamed Fahmy is consoled by a friend following the verdicts in the sentencing hearing for al-Jazeera journalists.

The fiancee of journalist Mohamed Fahmy is consoled by a friend following the verdicts in the sentencing hearing for al-Jazeera journalists. Photo: AP

Just a day after he visited Egypt to meet with President Abdel Fattah al-Sisi to announce the United States had released $US575 million in military aid that had been frozen since the ousting of Mursi last July, US Secretary of State John Kerry was scathing in his criticism of the verdict.

“Today’s conviction and chilling, draconian sentences by the Cairo Criminal Court of three al-Jazeera journalists and 15 others in a trial that lacked many fundamental norms of due process, is a deeply disturbing setback to Egypt’s transition.

Injustices like these simply cannot stand if Egypt is to move forward in the way that President al-Sisi and Foreign Minister [Sameh] Shoukry told me just yesterday that they aspire to see their country advance.”

Peter Greste (left) and his colleagues Mohamed Fadel Fahmy and Baher Mohamed listen to the verdict from inside the defendants' cage.

Peter Greste (left) and his colleagues Mohamed Fadel Fahmy and Baher Mohamed listen to the verdict from inside the defendants’ cage. Photo: AFP

Mr Kerry urged the Egyptian government to review all political sentences and verdicts pronounced during the last few years and consider all available remedies, including pardons.

But despite his strong words there was no indication that the newly unfrozen military aid (including anti-personnel helicopters) would have any human rights conditions attached.

The British Foreign Secretary William Hague confirmed Egypt’s ambassador would be summoned to the Foreign Office over the sentencing, which he described as “unacceptable”. The Dutch took similar action, with Foreign Affairs Minister Frans Timmermans confirming the Netherlands had summoned the Egyptian ambassador.

Australian Foreign Affairs Minister Julie Bishop said the government was “bitterly disappointed with the outcome” – it is understood the Egyptian ambassador to Australia would be meeting with the Department of Foreign Affairs and Trade on Tuesday.

“The Australian government is shocked at the verdict in the Peter Greste case. We are deeply dismayed by the fact that a sentence has been imposed and we are appalled by the severity of it.”

Egypt’s foreign ministry appeared to reject the wave of international criticism, putting out a statement on Monday evening claiming the country’s judiciary “enjoys full independence, and the new constitution provides safeguards to ensure media freedom and to guarantee due process in judicial proceedings”.

“The defendants in this case were arrested in accordance with warrants issued by the relevant investigative body, the Office of the Public Prosecutor; due process was adhered to with all of the defendants,” the ministry said, noting the journalists still had the right to appeal.

But the ministry’s statement fell on deaf ears.

Greste and Fahmy were sentenced to seven years in prison, while Mohamed received a 10-year term. Out of six others on trial alongside the journalists, two were acquitted and four were sentenced to seven years. The court also sentenced a number of other journalists to 10-year sentences in absentia, including al-Jazeera journalists Sue Turton and Dominic Kane, both from the UK and the Dutch journalist Rena Netjes, who has no association with al-Jazeera.

Egypt’s prosecutor general claimed the journalists had used un-licensed equipment to broadcast false information to defame and destabilise Egypt. Fahmy and Mohamed were further accused of being members of the Muslim Brotherhood. All deny the charges, as do the others who were charged and tried in absentia.

Outside the court, Greste’s brothers Andrew and Michael struggled to make sense of the guilty verdict and the harsh sentences – both have been in court over the past six months and like all observers did not see any evidence presented that backed the prosecution’s claims.

“Gutted,” Andrew Greste said when asked how he was feeling outside the court at Tora Prison in Cairo. “All those words really don’t do my emotions justice.”

Vowing that the family would fight on against the conviction, Andrew said the Egyptian authorities assured his family the trial would be fair and the justice system independent.

“It definitely wasn’t an outcome we were expecting … we have had a family representative at each of the court sessions and I find it very difficult to understand how we get a decision like that.”

“[Peter] is not going to give up,” Andrew said. “Obviously he is going to be shattered as well as I am sure it was not an outcome he was expecting.”

The family is considering both a legal appeal to Egypt’s Court of Cassation and an appeal for clemency or a pardon from President al-Sisi. The difficulty is than any judicial appeal, which should pre-date an appeal for clemency, could take six to twelve months.

The United Nations Commissioner for Human Rights Navi Pillay also condemned the al-Jazeera verdicts.

Along with Saturday’s confirmation by an Egyptian court of the death penalty for 183 Muslim Brotherhood members and supporters convicted in an earlier mass trial, the journalists’ sentences are the latest in a string of prosecutions and proceedings that have been “rife with procedural irregularities and in breach of international human rights law,” Ms Pillay said.

“It is not a crime to carry a camera, or to try to report various points of views about events,” Ms Pillay said. “It is not a crime to criticise the authorities, or to interview people who hold unpopular views.

“Journalists and civil society members should not be arrested, prosecuted, beaten up or sacked for reporting on sensitive issues. They should not be shot for trying to report or film things we, the public, have a right to know are happening.”

What can ordinary folks do?

Meanwhile, ordinary citizens of the world are left to wonder what can be done to impress upon the regime in Egypt how seriously people regard this fundamental attack on press freedom and individual rights.

Don't do business with Egypt. Full stop.

The immediate family – and the Governments concerned – must, to some degree, remain very diplomatic in their protestations for fear of enraging an already sensitive situation further, which would do Greste and his colleagues no good at all.

Even so, calls are already being made by politicians and others for formal sanctions on the Cairo regime and its supporters, such as reductions in foreign aid, financial penalties and travel bans. It is unclear whether such things may eventuate.

However such self-imposed restrictions on expressing anger need not apply to general public opinion, and the behaviour of individuals.

Eqypt relies heavily on foreign trade to support its economy.

One obvious opportunity is that if millions of people around the world decided to boycott Egyptian goods and services – and to refuse to take holidays in the country, as the Egyptians are very keen to increase their tourism trade – until Greste and his colleagues are released, and until the Government shows its bona fides on the rule of law and democratic freedom generally, then the newly-installed Egyptian regime would surely be immediately obliged to act.

So one option is to vote against this outrage with your own money. If you decided to do so, it would make sense to tweet your actions. We could suggest using the hashtag #BoycottEgypt, for example. If you do, contact the media and tell them why you intend to #BoycottEgypt until the men are released. Express your feelings to letters columns, journalists, tweet to news organisations – tell anyone and everyone. Better to tell them ten times than not tell them at all.

What else can you do?

Raise awareness. You can re-post this blog, re-tweet it, stick it on Facebook, tell your friends.

You can write, respectfully, to Egyptian embassies and to the Eqyptian government telling them why you are participating. And write to your own Government and insist they get involved. Google the details, they will be freely available.

The other opportunity is to get involved with the Amnesty International campaign to free the journos.

Take a photo of yourself holding a sign saying #freeajstaff with tape on your mouth, and make the point that journalism is not a crime. Tweet the photo using the hashtags Freeajstaff, #amnesty, #egypt, and #sisi.

(The newly elected leader of Egypt can be reached at #Sisi.)

Copy any activity to #petergreste which is the hashtag used by the Greste family to co-ordinate news and raise awareness of the case if for no other reason than to let them know they are supported.

 

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We would like to stress, we are not affiliated with any Egyptian pressure group or political movement. We long for good relations with Egypt to be re-established and we would be delighted to announce tomorrow that any boycott or any other action is unnecessary because this decision has been reversed. We do not wish to harm or disrespect the people of Egypt.

Please: act now.

Troy Davis & his family

Troy Davis and his family in a picture taken before the prison cut off “contact visits.”

Two days ago – incredibly, really, as it seems like just yesterday – it was two years since The State of Georgia, and America, put an innocent man to death.

Two years that Troy Davis and his family have had robbed from them. Two years of mourning.

Two years since the largest ever worldwide campaign for an innocent man to be freed when his conviction was obviously flawed was completely ignored by the parole institutions in Georgia, the Georgia Governor, the Supreme Court of the USA, and ultimately, President Obama. Two years when the State of Georgia knew better than a former head of the FBI, former president Jimmy Carter, 35 members of Congress, and even the Pope.

Not to mention petitions with literally millions of signatures on them.

That’s how obdurate the desire to kill an innocent man was.

Two years in which the anger has not dimmed.

In Troy’s memory – if you signed a petition, if you stood with a placard, if you wrote letters or emails, if you called your representative, if you commented on Facebook, if you stood vigil, if you cried – now you can continue your personal witness and purchase I Am Troy Davis, published this week and written by Jen Marlowe and Troy’s sister, Martina Correia-Davis, who died of breast cancer soon after her brother was killed.

It’s the story of Troy, his remarkable family, and the on-going struggle to end the death penalty.

Can’t say it better than Susan Sarandon: “I Am Troy Davis is a painful yet very important book” — unless it’s Maya Angelou: “Here is a shout for human rights and for the abolition of the death penalty. This book, I Am Troy Davis,should be read and cherished.”

The book tells the intimate story of an ordinary man caught up in an inexorable tragedy. From his childhood in racially-charged Savannah; to the confused events that led to the 1989 shooting of a police officer; to Davis’ sudden arrest, conviction, and two-decade fight to prove his innocence; I Am Troy Davis takes us inside a broken legal system where life and death hangs in the balance. It is also an inspiring testament to the unbreakable bond of family, to the resilience of love, and that even when you reach the end of justice, voices from across the world will rise together in chorus and proclaim, “I am Troy Davis”, I stand with you.

eve

“This book will devastate you …” Eve Ensler

If you make your purchase through the non-profit publisher, Haymarket Books, it’ll cost you just $18 to commemorate one man’s courageous yet ultimately tragic fight for justice.

And, by doing so, to make your personal stand against a justice system which is laughingly labyrinthine and slow, where process regularly overpowers any consideration of issues of right or wrong, where the application of the death penalty is obviously biased heavily against racial minorities, and which regularly has executed, and still does execute, innocent people.

A place, in other words, where “And justice for all” is clearly a sick joke. If that’s not what you want America to be, then buy the book. Buy it for friends. Buy it and donate it to your local library, or school. Buy it.

I am still Troy Davis.

Azaria Chamberlain disappearance

After 30 years, finally, the truth. Lindy and Azaria before their world was savaged and taken from them. (Photo credit: Wikipedia)

Many people have passed on since Lindy Chamberlain was wrongly convicted of the murder of her daughter, Azaria. Young people born since then will hardly begin to comprehend the obsessive interest in the case that swept Australia and, indeed, the English-speaking world. The nine-week-old baby’s disappearance from a campground at Uluru more than 30 years ago became one of Australia’s most sensational legal cases and saturated the media for years. It also spawned a popular movie, called Evil Angels (also called “A cry in the dark”) with Lindy played memorably by Meryl Streep.

It was the most horrifying examples of a miscarriage of justice, because of the complicity of the whole society in its perpetration – a grieving and bereaved pair of parents, robbed of their baby daughter in awful circumstances, clearly with no motive for such an act, were convicted and punished in an atmosphere of a public lynching. It was a riotous circus of botched forensic evidence, the refusal of authorities to consider alternate explanations other than the fact that the baby had been murdered, and the constant howl of a public scenting blood. “Surely she did it, look at her face, she doesn’t care –  doesn’t Azaria mean something about “sacrifice” – they belong to a weird religion, you know.” And so it went on, endlessly.

What is most terrifying about the case is that it was conducted in full view of the so-called impartial media, and despite the manifest failings of the case, that media largely failed to apply any intellectual rigour to the Chamberlain’s defence. Instead they were swept along by the lust of the public for a neat, sensationalist conclusion.

Canis lupus dingo Fraser Island Queensland, Au...

Canis lupus – the “Wolf Dog” – not a pet, not a friendly toy, a wild animal.

Well now the Northern Territory coroner finally found that Azaria Chamberlain was attacked or taken by a dingo in 1980. There were emotional scenes in court on Tuesday as the findings were handed down, with even the coroner’s voice quivering as she delivered what is likely to be the final chapter in a bitter legal battle.

Coroner Elizabeth Morris told a Darwin inquest on Tuesday morning that all of the evidence indicates a dingo was responsible for Azaria’s death.

“Azaria Chamberlain died at Uluru, then known as Ayers Rock, on the 17th of August 1980,” she said. “The cause of her death was as the result of being attacked and taken by a dingo. It is clear that there is evidence that a dingo is capable of attacking, taking and causing the death of young children.”

There have been four coronal inquiries, a murder trial and a royal commission into the case.

Lindy Chamberlain-Creighton was jailed for murder despite an initial inquest ruling that a dingo had killed her daughter.

The conviction was overturned in 1988 after Azaria’s mangled and torn jacket was found near a known dingo lair. What would have happened if that jacket had never been found hardly bears consideration, and yet we must consider it, because only happenstance saved Lindy from spending decades in prison, just as only happenstance – and the ignorance of justice conducted as a blood sport – saw her in there in the first place.

“Please accept my sincere sympathy on the death of your special and loved daughter and sister, Azaria,” the coroner told the family after handing down her finding. “I’m so sorry for your loss. Time does not remove the pain and sadness of the death of a child.”

Outside the court, Ms Chamberlain-Creighton fought back tears but said she was “relieved and delighted to come to the end of this saga. No longer will Australians be able to say that dingoes are not dangerous, and that they only attack if provoked. The truth is out,” Mr Chamberlain added, saying that the family welcomed “a chance to put our daughter’s spirit to rest.”

Ms Chamberlain Creighton and former husband Michael Chamberlain were applauded outside the Darwin Magistrates Court by a large media contingent and members of the public. Mr Chamberlain said the coroner’s ruling was a triumph of justice. “This battle to get to the legal truth has taken too long,” he said. “However, I am here to tell you that you can get justice even when you think that all is lost.”

Some, it appears, though, will never be convinced. At 2.38 pm on 13th June, a Yahoo poll of so-far 3,000 people (a statistically significant figure) was showing this result.

Does Lindy Chamberlain-Creighton deserve an official apology?

  • Yes (1969) 65%
  • No (1051) 35%

One can only shake one’s head sadly and wonder what, if anything, the state can do to an innocent family that does deserve an apology.

(With Yahoo, ABC and others)

 

Just checkout this story, if you would.

http://hosted.ap.org/dynamic/stories/U/US_WRONGLY_CONVICTED_CRIMINALS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2012-05-21-00-10-51

Shocking. OK, let’s be glad these people were freed, but one has to ask. How many more? How many more are killed or incarcerated when they’ve done nothing wrong?

The American legal system is a disgrace. Yes, the same is true in many other jurisdictions, including Britain and Australia, but in America this casual attitude to sentencing is allied to some of the most insane “mandatory” sentencing regimes around.

For example, The Age in Melbourne has now caught up with the outrage over one such case which was first reported in Well This Is What I Think some weeks ago: this link also includes a petition you can sign to free the woman concerned … http://wp.me/p1LY0z-xZ.

People often ask me why I bash on about America so much. The answer is simple. It is the greatest experiment in particpatory democracy in the history of our species and we all need it to succeed. So: I hold them to a higher standard.  It’s that simple.

Jailing children for life. Hardly the action of a "civilised" country.

Locked up for life at 16, with no possibility of parole. Christi Cheramie is living a nightmare.

When Christi was 16 years old, back in 1994, she couldn’t vote, drink alcohol, serve on a jury, or buy lottery tickets. She was considered a minor – a child. But that didn’t stop the state of Louisiana from giving this 16-year-old a sentence of life without parole.

Uniquely in the civilised world, only in the USA – where children as young as 11 have faced life in prison – are such harsh sentences against juveniles allowed. The UN Convention on the Rights of the Child prohibits life without parole for offenses committed under the age of 18. This is not about excusing or minimizing the consequences of crimes committed by children, but about recognizing that children are not yet fully responsible for their actions and also have special potential for rehabilitation and change.

Christie Cheramie - rehabilitated, but never to be released.

Christi, who is now 33 years old, has spent more than half of her young life in prison. She’s earned her high school equivalency diploma and an associate’s degree in Agriculture Studies, and teaches classes to her fellow inmates. A prison warden who oversaw Christi considers her a “model inmate” who has grown into a “remarkable young woman” deserving of “a second chance in society.”

But if we all don’t act now to secure her release on license, a mandatory sentence of life without parole means that Christi will die – needlessly, pointlessly – in prison.

A victim of sexual abuse and depression, and caught in the web of an aggressive and controlling older fiancé, Christi found herself unwittingly at the grisly murder scene of her fiancé’s great aunt. She was charged with murder just for being there – even though it was her fiancé who wielded the knife and the chief investigating officer confirmed that was his unshakeable belief.

The victim’s closest family members are sympathetic to Christi’s case. But Christi’s fate is now in the hands of Louisiana’s governor and Board of Pardons.

Amnesty International’s 2011 Write for Rights campaign highlighted Christi’s case, and thousands of letters have already poured into Louisiana Governor Bobby Jindal’s office. Next week, the Board of Pardons will meet to decide whether or not to move forward with Christi’s clemency application – a decision that the governor can influence, incidentally. You can tweet him at @bobbyjindal.

Christi has already changed people’s lives for the better through her work at the Louisiana Correctional Institute for Women, but she will never be able to realize her full potential – and society won’t benefit from her potential contributions – and we all have to keep paying for her incarceration – if she spends the rest of her life behind bars.

It’s time for the U.S. to join the rest of the world and end the cruel and unusual punishment of juvenile life without parole. People convicted of crimes while still children — like Christi Cheramie — should be given a chance at rehabilitation. They shouldn’t be left to rot and grow old in a jail cell.

You can make a difference in Christi’s case. Sign Amnesty’s petition now calling for clemency for Christi Cheramie.

It is worth trying anything to secure her release, but sadly, Louisiana reduces virtually no “life means life” sentences. Even close relatives of Aunt Nan – the lady who was murdered – think Christi should be released.

You can also see an excellent and balanced report, and hear Christi Cheramie’s story in her own words and an intelligent discussion about her case, from CBS, here: http://www.cbsnews.com/video/watch/?id=6489113n

I would recommend watching the CBS report if for no other reason than to witness the implacable Louisiana prosecutor who thinks Christi should never be released. His motive, clearly and concisely explained, more than once, is, quite simply, is vengeance. Not rehabilitation. Not protection for society. Not deterrence.Vengeance. He calls it “punishment”,  but that is what he means.

No doubt he righteously attends church every Sunday – what is certain, in my mind, is that he and those like him will never see the Kingdom of God.

Oh, and by the way? When Americans bleat that they don’t understand why people in the rest of the world criticise their freedom-loving country, this is why. Partly, at least.

Your legal system often horrifies us. That you allow it to continue to behave like this horrifies us even more.