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 reachBy Jonathan StempelJune 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.
AC/DC http://www.youtube.com/watch?v=FX05dWBoeUs – accessed April 7 2008
Marilyn Manson http://www.youtube.com/watch?v=bOWmTyrz1RA – accessed April 9 2006
Doco http://www.youtube.com/watch?feature=related&v=1ljXnV4Ibpk – accessed April 7 2008
Comic stuff: http://gocomics.typepad.com/the_sandbox/2008/03/5-years-1-year.html – accessed March 27 2008
Rustom Bharucha reports that the Progressive Writers Association has its origins, according to ‘its most distinguished founder- member Mulk Ray Anand’ in ‘the expatriate community of India students in London, who had charted their first manifesto as “progressive” writers in 1935 in a Chinese restaurant’ (Bharucha 1998:29)
Bharucha, Rustom 1998 In the Name of the Secular: Contemporary Cultural Activision in Inidia Delhi: Oxford UP
Ibrahim al-Marashi was the guy whose article was plagiarised from the Middle East Review by Blair and Labour in 2003 to justify the start of the second Iraq war against Saddam. al-Marashi complained about not being cited properly, and one hopes, much else. It seems he went on to be a pretty cool history professor if you go by the comments on Rate My Professor: here.
Ten years since the invasion of Iraq, what is the state of the anti-war movement?
TriContinental Anti-Imperialist Platform
TriContinental Anti-Imperialist Platform is a newly set up organisation that seeks to champion the causes of the peoples of the GlobalSouth through GlobalSouth Diaspora leadership for people-centred progress and the central challenges to the GlobalSouth which remains western military and cultural hegemony. On the panel at this event will be spokepersons of some of the countries and people impacted by imperialist wars. We will be reflecting on the failures, successes of the anti-war movement of the last decade, and the continuing challenges of the anti-war movement, especially in the light of the collapse of the anti-war movement especially in relation to the nato war on Libya, now Syria, Mali, Algeria and open imperialist war strategies of in relation to China, Russia (“pivot to Asia”) and other sections of the Global South which what passes as the anti-war movement in england fails utterly to address.
Details from We are Baba Ahmad campaign:
Emergency Protest in support of Babar Ahmad and Syed Talha Ahsan on Thursday 4th and Friday 5th October 2012
Thursday 4th October 2012
The ‘We Are Babar Ahmad Campaign’ along with partner organisations, is holding a protest outside the Royal Courts of Justice on Thursday 4th and Friday 5th October from 10am asking for an immediate stay of extradition for Syed Talha Ahsan and Babar Ahmad.
As the Judges decide on representations from the lawyers of both men, it is important to note that their cases are very different from the others. Both are British Citizens accused of wrongdoing in Britain who have been held collectivey in maximum security prisons for 14 years without trial nor with any evidence being presented to them. The Home Affairs Select Committe which reviewed their cases has expressed grave concern. Boris Johnson, The Mayor of London has backed their right to be tried in Britain.
Dr Ismail Jalisi, speaking on behalf of ‘We Are Babar Ahmad’, said, “The extradition of these men to the United States must be stopped by the Home Secretary. The incarceration of these two men without trial and then carting them off to a country that does not need to provide any prima facie evidence even when it agrees that the allegations are based on actions that occurred here in Britain is quite frankly farcical.”
The Crown Prosecution Service (CPS) declared in July 2004 and December 2006, as did the UK Attorney General Lord Goldsmith in September 2006, that there was ‘insufficient evidence’ to charge Babar Ahmad with any criminal offence in the UK. Since then in 2011 the CPS revealed for the first time that evidence had been sent to the US without ever having been reviewed by them. The Director of Public Prosecution has refused to prosecute the men despite being able to call on the Metropolitan Police to show them evidence that it deliberately witheld and sent straight to the United States.
As the Judges determine whether a stay of extradition should be granted to Babar and Talha the Shadow Justice Secretary, Sadiq Khan MP has backed the campaign saying “If there is evidence against them they should be tried in the UK”.
Partners for the protest include: Stop The War, Muslim Council of Britain, London Transport Region – RMT, Enough Coalition, IHRC, Cage Prisoners, British Muslim Initiative, Muslim Association of Britain, Friends of Al Aqsa, Islamic Forum Europe, Muslim Safety Forum, iEngage and MDUK.
Details from the Free Tahla Ahsan Campaign site [now slightly dated, since extradition is immanent, see above]:
Talha Ahsan is a British-born poet and writer with Asperger syndrome facing extradition to America.
If convicted he will spend 70 years in “supermax” solitary confinement in ADX Florence.
Read on and help stop this injustice.
Who is Talha Ahsan?
Talha Ahsan is a British citizen born in London in 1979. He was educated at Dulwich College before receiving first class honours in Arabic from the School of Oriental and African Studies (SOAS). In the week of his arrest he had job interviews to train as a librarian. His mother describes him as “a serious, bookish young man… a very gentle, softly spoken and thoughtful boy.”
Talha has Asperger Syndrome (a form of autism). In a medico legal report of June 2009, a consultant psychiatrist described him as “an extremely vulnerable individual who from a psychiatric perspective would be more appropriately placed in a specialist service for adults with autistic disorders.”
He is also a keen poet and has received acclaim from novelist A.L. Kennedy amongst others.
Why is he in prison?
Talha Ahsan was arrested at his home on 19 July 2006 in response to a request from the USA under the Extradition Act 2003 which does not require the presentation of any prima facie evidence. He is accused in the US of terrorism-related offences arising out of an alleged involvement over the period of 1997-2004 with the Azzam series of websites, one of which happened to be located on a server in America.
He has never been arrested or questioned by British police, despite a number of men being so from his local area in December 2003 for similar allegations. All of them were released without charge.
One of them, Babar Ahmad, was later compensated £60,000 by the Metropolitan police after a civil case in March 2009 for the violent physical abuse during his arrest. It was evidence from this incident which formed the basis of Talha’s arrest two and a half years later.
Talha is currently making a final appeal to the European Courts of Human Rights (ECHR). He has now served the equivalent of a 12 year sentence at high security prisons without trial. He has never visited America. He denies all charges.
What is ‘Supermax’?
Imagine being confined in a 75.5sq feet cell with only a concrete slab and a thin mattress for a bed for 23 to 24 hours a day for every day of your life – the only window three inches wide looking out to a concrete pit…
This is the prospect Talha faces if extradited and convicted in the US – life without parole in solitary confinement at ADX Florence, Colorado.
Virtually all of an ADX prisoner’s daily activities occur within the confines of his single cell. Food is delivered through a slot in the door, and he eats his meals alone. He receives educational and religious programming – and some medical care – through a black and white television in his cell. When an inmate is moved outside his cell, he is shackled behind the back, and subject to a strip search.
His cell window looks out onto the concrete pit that serves as an outdoor recreation area. The sun is never visible. Prisoners at ADX rarely have contact with any other living thing, except the gloved hands of the correctional officers. Prisoners never touch soil, see plant life or view the surrounding mountains.
Prisoners in ADX receive one 15 minute social telephone call per month. Any call that is “accepted” (even by an answering machine) is considered “completed” regardless of the duration. Visits with family members are separated by a glass screen with only a telephone to speak through. The inmate is shackled throughout the visit.
In 2006, the U.N. Committee Against Torture expressed concern about “prolonged isolation periods” and “the extremely harsh regime” in US Supermax prisons. It is little wonder that the former warden of ADX Florence described the prison as a ‘clean version of hell.’
What do his supporters want?
Talha deserves freedom or a fair trial in the UK. He has received a wide coalition of support. They include his local MP and shadow justice secretary Sadiq Khan; novelist, A L Kennedy; former Guantanamo detainee, Moazzam Begg, and the civil rights organisation, Scotland Against Criminalising Communities (SACC).
The Government accepts the possibility for the case to be resolved by a domestic prosecution as the ECtHR highlights in their admissibility judgement of July 2010. In November 2011, his co-defendant, Babar Ahmad, initiated a parliamentary debate with over 149,000 signatures in an e-petition for a UK trial demonstrating the will of the British public for these cases. There are many legal precedents to try these charges in the UK.
One case is R v. Sheppard and Whittle (January 2010), in which the appellants were charged with possession, publication and distribution of racially inflammatory material on websites hosted in California. Lord Justice Scott Baker ruled the UK was the appropriate forum for prosecution as the substantial measure of activities constituting the crime, such as the writing and maintenance of the websites, took place in the UK.
The Home Secretary should also give special consideration to his medical condition. In the USA 97% of defendants plead guilty under pressure from prosecutors. A decision to try Talha in the US will only ensure his trial is as unfair as prosecutors can make it.
How does this affect me?
The Extradition Act 2003 devalues the sovereignty of British citizenship. It was fast-tracked into UK legislation without proper scrutiny. Under the current provisions, British judges have no opportunity to decide which country is more suitable for prosecution and nor can they assess the quality of evidence from the requesting state.
In June 2011 the cross-party Joint Committee on Human Rights called for the implementation of a ‘most appropriate forum’ safeguard. This would allow a British judge to refuse extradition where the alleged offence took place wholly or largely in the UK.
The committee of MPs and peers also recommended that the Government ‘urgently’ renegotiate the US-UK extradition treaty to exclude granting requests in cases where the UK prosecution authorities have already decided not to investigate the individual on the same evidence adduced by the US authorities. These calls were reinforced by a cross-party consensus after parliamentary debates in November and December 2011, as well as the Home Affairs Committee report on extradition in March 2012.
A country that has demonstrated such a flagrant disregard for human rights in recent years is not the proper forum for justice. David Blunkett, the home secretary who was responsible for the act, now expresses regret at its consequences. Any concerned British citizen must work against such a law.