Filthy bastard mining corp Riotinto slips the (legal) noose once again (the law is an ass)

Rio Tinto wins end to human rights abuse lawsuit in U.S.

Fri Jun 28, 2013 2:47pm EDT
* Bougainville residents sued over activity linked to mine
* 9th Circuit rules after top U.S. court narrows law’s reach
By Jonathan Stempel
June 28 (Reuters) – Benefiting from a recent U.S. Supreme Court decision, Rio Tinto Plc has won the dismissal of a nearly 13-year-old U.S. lawsuit accusing the Anglo-Australian mining company of complicity in human rights abuses on the South Pacific island of Bougainville.
Friday’s ruling by a majority of an 11-judge panel of the 9th U.S. Circuit Court of Appeals ends litigation begun in 2000.
Roughly 10,000 current and former Bougainville residents had sought to hold Rio Tinto responsible for human rights violations and thousands of deaths linked to polluting a copper and gold mine it once ran.
The ruling follows the Supreme Court’s April 17 decision in Kiobel v. Royal Dutch Petroleum Co, where the justices limited the sweep of a 1789 U.S. law that lawyers had used for roughly three decades to fight human rights abuses worldwide.
Five justices said the Alien Tort Statute was meant to cover international law violations occurring in the United States, and that violations elsewhere must “touch and concern” U.S. territory “with sufficient force” to displace that presumption.
The Bougainville residents alleged that after workers in 1988 began to sabotage the Rio Tinto mine, the company goaded Papua New Guinea’s government to exact retribution and conspired to impose a blockade, leading to thousands of civilian deaths.
On April 22, the Supreme Court threw out an earlier 9th Circuit ruling that let the lawsuit proceed, and asked it to revisit the matter in light of Kiobel.
Steve Berman, a lawyer for the Bougainville plaintiffs, did not immediately respond to requests for comment.
He had asked the 9th Circuit to send the case back to the Los Angeles district court so that his clients could try to proceed with other claims, “sans invocation of the ATS.”
Kiobel was also cited this week by a Virginia federal judge who dismissed a lawsuit accusing defense contractor CACI International Inc of conspiring to torture detainees a decade ago at the Abu Ghraib prison in Iraq.
The judge in that case said that because the alleged abuse occurred outside the United States, he lacked jurisdiction to consider claims by four former detainees. They plan to appeal.
The case is Sarei et al v. Rio Tinto Plc et al, 9th U.S. Circuit Court of Appeals, No. 02-56256.

The Hanging Channel spin offs

A new satellite service from the people who brought you ‘Captive Camera (Gitmo)’, ‘America’s Funniest NSA Surveillance Videos’, the YouTube viral sensation ‘LiveScream direct from the heart of Bhagram’ prison, and ‘The Hanging Channel™’ (the one with the ‘real’ – accept no substitutes – Saddam Hussein billion dollar drop – hosted by Devilish McCall).

Must see screen moments on this new service include (live links to be provided later):

– George Bush snr golfing

– George W reading stories to children when the TT were hit

– Obama watching the snuff film from Abbottabad with Hilary

– Hilary saying ‘wow’ to her blackberry when Gaddafi was killed

and other gems. Do not miss this. Parental misguidance recommended.


(essay on the Hanging channel see here)




wikiredAnnouncing the immanent launch of a new free Osscyclopedia, written from the other end – no longer referring to the DDR as Former East without remembering the BRD is the Former West; no longer lauding Captain Cook as anything other than a daft chook-chasing pom; no longer reading the history of plunder and ursprüngliche Akkumulation as adventure; no longer thinking the middle passage was some sort of migration/travel narrative, rather than murder-death-kill genocide; no terra nullis, no thinking that Calcutta was only the second city of Empire; no thinking that Marco Polo and Vasco de Gama were heroes; no axis of evil; no deaths in custody; no mockery of cynicism (which after-all is a valid response to the fucked up way the mainstream media describes this vale of tears … you get the drift – so get Osscyclopedia [still in pre-beta testing]

state execution by neglect?

This from Tom Henri. It looks to me to be an attempted State premeditated murder, aka Capital Punishment, for a minor offense. There is also an open letter to the Ministry of Justice, signed by various luminaries.

Scrubbed to death

Daniel Roque Hall suffers from Friedreich’s ataxia, this debilitating and fatal illness means he requires around the clock care.  In 2011 Daniel pleaded guilty to smuggling cocaine into the UK.  The judge sentenced Daniel to three years in prison, on the proviso that a prison place could be found which would meet his health care needs.  The Governor of Wormwood Scrubs (widely regarded as the London prison with the worst health facilities) stated that his prison could meet Daniel’s needs.  After three weeks of neglectful treatment in the Scrubs, Daniel was rushed to hospital and placed on a life support machine.  Without exaggeration, the care (or lack of) that Daniel received in prison nearly killed him.  His man has a fatal degenerate disease, he requires full-time care, he is no harm to anyone else and he need to be with his family – NOT in Wormwood Scrubs.  Earlier this week, Daniel and his family won a seven day reprieve on Daniel’s return to jail.

You can read more about Daniel’s story at

#madconference number 137

Somehow I have been targeted by pranksters who keep making up neoliberal sounding fictive conferences that could not possibly exist even in this benighted corporatized world. This one is a spoof on the UfSO, no? The fee is £395, with a whopping £70 off if you are gullible enough to even consider going to this bore-a-thon. ‘opportunities to network’ – wow.


Gah – Look out – Boy Scouts in the area

‘Scouts sent into riot hotspots by ministers: Hundreds of teams to help the disadvantaged’ Jill Sherman The Times August 25 2012 (sorry, no electronic version I can easily find)
‘The traditionally middle-class, white youth clubs often found in leafy suburbs and shire counties but not in inner cities’ will be deployed in 400 new sites to ‘provide 10,000 more places for disadvantaged youths, including offenders, disruptive schoolchildren, children in care and the unemployed .. the cash for “uniformed” groups suggest ministers prefer more disciplined associations over less-established local services’
That’d be a great Big Society paedo-initiative, statues to be erected for the scourge of Mafeking, inventor of the concentration camp, Lord Robert Stephenson Smyth Baden Powell of Gillwell!


no ADF, no Stones, not even Donovan – could any of them even face performing at that Nuremberg rally? on that stage that was a cross between a police kettle and a technicolor swastika? With Boris, Harry and Cameron pretending to dance, to George Michael singing ‘freedom’ for the peoples of Helmand Province? I don’t think so.

Yeah, so I am realizing I did not really get into the spirit of the closing ceremony, as much as I liked the running, the bikes and the canoes. It just pisses me off no end that criminals like Rio Tinto can parade as sponsors (providing the nickel behind the plate covered medals. Especially during the closing ceremony when I thought maybe some sort of musical contribution, the UK has made some, might get noted. Here for the archive is part of the messy record of the tweets of despair: @sputnyk