Supreme Court Rules Warrantless Cellphone Searches Unlawful

By Lyndsey Kelly
Desk Reporter, North America

WASHINGTON D.C., United States of America – On 25 June 2014 the U.S. Supreme Court ruled that police officers need a warrant before they can search the cellphone of an arrested suspect. The unanimous 9-0 ruling was a major decision in favor of privacy rights at a time of increasing concern over the government’s encroachment on digital communications.

The Supreme Court ruling limited law enforcements right to search cellphones (Photo Courtesy of Reuters).

In an opinion written by Chief Justice John Roberts, the court said, “we cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime,” he added that the right to privacy “comes at a cost.”

Currently, law enforcement can search a person under arrest and whatever physical items are within reach to find weapons and preserve evidence. However, the Court noted that in today’s society smartphones carry a vast amount of sensitive data and cannot be compared to other items found in a search. “Modern cell phones…implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet or a purse,” Chief Justice Roberts wrote.

The court made its decision after weighing two separate cases, one from Massachusetts and one from California. While the cases were different in scope and the type of cellphone used, one was a flip cellphone the other a smartphone, the Court decided the two cases together, finding both searches unconstitutional.

Concern about increasing government encroachment on personal privacy has surged in the past year following the disclosures by former National Security Agency contractor Edward Snowden. “The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the (country’s) Founders fought.” Chief Justice Roberts wrote.

In it’s opinion the Court noted that there would be some emergency situations in which a warrantless search will be permitted. The court held that the “exigent circumstances” exception to the warrant requirement would also be applied to cellphones. Thus, in a situation that is an imminent danger to life or the possibility that evidence will be destroyed may justify searching a cellphone without a warrant.

In a concurrence, Justice Samuel Alito opened the door to further exceptions stating that he would reconsider the question presented if Congress enacts legislation that draws reasonable distinctions based on the categories of information contained in the searched cellphone.

 

For more information see the following: 

CHICAGO TRIBUNE – Supreme Court limits police right to search cell phones – 29 June 2014.

MSNBC – Supreme Court rules cell phones cannot be searched without a warrant – 29 June 2014.

REUTERS –  U.S Supreme Court’s milestone ruling protects cellphone privacy – 29 June 2014.

USA TODAY – Supreme Court limits police searches of cellphones – 29 June 2014.

 

Massive Resources and Government Involvement Needed to Curb Ebola Outbreak

By Ashley Repp

Impunity Watch News Reporter- Africa

Guinea-ebola

WEST AFRICA- the Ebola virus continues to claim lives, yet governments are quiet in actively working to stop the spread

West Africa has been attempting to cope with an Ebola outbreak that has become out of control.  This week, a 635 cases have been confirmed and nearly 400 have lost their lives to the virus.  Ebola, a haemorrhagic fever, is one of the most contagious diseases and can spread quickly through contact with bodily fluids and perspiration.   Without proper control and protocol when dealing with infected individuals, rampant spread of the illness will ensue.   Nearly 90% of all who become infected will succumb to the disease; a bleak prognosis.

Doctors Without Borders has asserted that it is working at full capacity and simply cannot help more individuals as the virus continues to spread.  More than sixty virus ‘hotspots’ have been identified, with Guinea being the hardest hit.  The Doctors Without Borders (MSF) organization has warned that massive funding, resources, and cooperation are needed to get the outbreak under control, and urges the governments of the countries affected by the outbreak, like Guinea, Sierra Leone, Liberia, and Monrovia,  to take a role in providing resources and establishing a plan for addressing the epidemic.

Some doctors have expressed outrage, asserting that this virus has gotten out of control because government officials will not come to terms with the reality of the outbreak, and have ‘lied’ through their contentions that the outbreak is under control.  A target of this critique has been Guinean president, Alpha Conde, who expressed, at a meeting with the World Health Organization, that the virus seemed to be under control.  Other doctors have asserted that governments are not being forthright with information about the extent of the outbreak for fear that it will scare off potential investors.  As a result, obtaining investors is coming at the cost of human life, which is inciting outrage.

If governments do not take a more present and visible role in coping with this outbreak, the epidemic could continue to escalate and claim more lives.  Furthermore, the potential for more countries to have documented cases and outbreaks will become a very real reality.  Citizens of the nations currently affected by the epidemic are paralyzed by fear, but many are unsure how to stop the spread of the disease, creating a difficult combination of panic and continued exposure.  It is essential that information regarding the virus and how it is spread is disseminated by a reliable source.  Until these loose ends can be tied, it is likely that the outbreak will continue to spread.

For more information please visit:

The New York Times- Ebola Deaths Rise as Outbreak Spreads- 26 June 2014

All Africa- West Africa: Ebola Virus Out of Control- Doctors Without Borders- 26 June 2014

All Africa- ‘Ebola Epidemic Requires Massive Deployment of Resources’ MSF- 23 June 2014

Relief Web- Medics Vent Anger at Government Inaction Over Ebola- 26 June 2014

 

 

Recent Attacks in Kenya may Point to al-Shabab

By: Ashley Repp

 

Impunity Watch News Reporter, Africa

 

NAIROBI, Kenya–  Wave of violence in coastal city shakes Kenyans – a dozen are missing.

al shabab

Recent attacks in Mpeketoni and two nearby towns took the lives of about 50 people and led to the abduction of about a dozen women.  But amidst the heartbreak, there are questions regarding who bears the responsibility for the attacks. 

The attacks appear to have been extremely well orchestrated; phone lines were even jammed to ensure that residents could not sound the alarm about the attacks on the city. 

al-Shabab, an Islamic militant organization, has accepted responsibility for the attack on the coastal city of Mpeketoni. 

The organization even cited the motive of revenge against Kenya for presence of Kenyan troops in Somalia and the oppression of Muslims. Following the Monday attacks, some witnesses claim to have seen the attackers flying the al-Shabab flag and yelling in Somali. 

These pieces of evidence support al-Shabab’s involvement and orchestration of the attack.  Furthermore, earlier this month, an al-Shabab leader called the militant group to target Kenya in attacks in order to exact revenge and convey frustration and anger towards Kenya.

But despite al-Shabab’s acceptance of responsibility, some, including President Kenyatta, are hesitant to accept this as a legitimate answer, and instead point to local ethnic and political tensions. 

The attacks occurred in hotels and a police station where many were gathered around to watch the World Cup.   

Despite witness reports that support al-Shabab’s involvement, critics of the notion that al-Shabab was at the helm of the recent attacks point to the attack itself as support that this could not have been the militant group that claimed responsibility.  For example, the attack and the abduction of a dozen women, does not necessarily fit the normal pattern of al-Shabab attacks. 

Critics assert that the militant group normally carries out attacks in an indiscriminate way, with men, women, and children as targets.  In the attacks on Mpeketoni and the nearby towns, the deaths do not seem to follow this pattern; rather, men were the targets for the killings.

Foreigners were not targeted in the attacks, but are still urged to take precautions, and if possible, leave the area, as tensions remain high.  Britain has also issued a warning to nearby east African countries, including Djibouti, Ethiopia, Kenya, and Uganda, cautioning that al-Shabab may be at work and further attacks may be in the near future. 

It is important to note that these nations also have troops in Somalia.   For now, Kenyans are left to pick up the pieces while they search for answers to their questions and fears. 

For more information, please visit:

BBC News- Kenya Attacks ‘Women Abducted’ near Mpeketoni- 17 June 2014

Z News- After al-Shabab attacks, women kidnapped near Kenya’s Mpeketoni- 17 June 2014

CNN News- Mpeketoni attack was done by local networks, Kenya’s President says- 17 June 2014

Daily Nation- Mpeketoni Attack: Death Toll Rises to 48- 17 June 2014

Top Chinese Official Pays a Visit to Taiwan

By Brian Lanciault
Impunity Watch Senior Desk Operator, Asia

TAIPEI, Taiwan–China’s top official in charge of relations with self-ruled Taiwan said on Friday that he understood and respected the choices of its people.  He was met by noisy protests in the traditionally anti-China far southern region of the island.

Taipei Mayor Hau Lung-bin (left) and Yu Zhengsheng, chairman of the National Committee of the Chinese People’s Political Consultative Conference meet and discuss relations between the two nations. (Photo Courtesy of Focus Taiwan)

Zhang Zhijun, director of China’s Taiwan Affairs Office, is making his first trip to Taiwan, a visit marked by a highly unusual meeting with an opposition party stalwart and mayor of the pro-independence southern port of Kaohsiung, Chen Chu.

Protesters waved placards deriding Zhang as a “communist bandit”. Zhang’s atypical charm offensive in Taiwan stands in contrast to China’s ties with several other countries in Asia where territorial disputes have erupted over maritime boundaries. China has recently condemned people in the former British colony of Hong Kong, which returned to China in 1997, for pushing for greater democracy.

Chen has previously visited China and met Zhang there, spearheading efforts by the Democratic Progressive Party to engage with Beijing.  Such high-level meetings in Taiwan with opposition figures are practically unheard of.

“We know that Taiwan people cherish very much the social system and the life style they have chosen,” Zhang said after meeting Chen. “We in mainland China respect what Taiwanese people have chosen.”

China welcomes people from all parties to help improve relations across the Taiwan Strait, Zhang added, calling his talks with Chen “pleasant”.

China has claimed Taiwan as its own, to be taken by force if necessary, though the two have been ruled separately since defeated Nationalist forces fled to the island in 1949 at the end of the Chinese civil war with the Communists. China says it will not tolerate a de jure independent Taiwan. Many Taiwanese look anxiously, and perhaps fearfully, at China, where the ruling Communist Party remains unmoved by calls for political liberalization. Taiwan is a structured democracy after undergoing a democratic transition in the 1980s. Pride in democracy has helped to reinforce the unwillingness of many Taiwanese to be absorbed politically by China.

That sentiment is felt particularly keenly in Kaohsiung, one of the main heartlands of Taiwanese cultural identity and where, in 1979, rights activists held a pivotal rally which helped spark Taiwan’s eventual democratic transition.

“It’s been a very difficult journey that Taiwan has gone through in the past few decades,” Zhang said.

Chen, who was deeply involved in Taiwan’s struggle for democracy, said she explained to Zhang that the protests he may have witnessed were part of Taiwan’s political system.

“I told director Zhang that as soon as he arrived at the airport, he may have heard very different voices and protest. I said this is a very normal part of Taiwan’s democracy. I appreciate if he can understand that,” Chen said.

In 2009, China reacted angrily at plans to show a documentary about exiled Uighur leader Rebiya Kadeer, a woman China labels a dangerous separatist, at the Kaohsiung film festival, sparking a boycott of the city by Chinese tourists. At the time Chen shrugged off China’s complaints, saying it would harm Kaohsiung’s commitment to human rights if it gave in to Beijing.

Underscoring the depth of feelings in southern Taiwan, Zhang was met by hundreds of protesters at Kaohsiung’s train station, some waving placards reading “Communist Zhang Zhijun, get the hell back to China”.

A much smaller group of protesters also greeted him when he flew into Taipei on Wednesday.

“Chen Chu should face the demands of the people and the values of human rights and refrain from the pursuit of economic growth at the expense of Taiwan’s hard-earned democratic achievements,” said Chen Yin-ting, part of another group of protesters outside the venue where Zhang and Chen held their unprecedented meeting.

The once heavily industrialized Kaohsiung has lost many of its companies and factories to China, drawn away by a massive population and low manufacturing costs, and it has struggled economically in recent years.

Zhang’s trip comes at a sensitive time.

Protesters occupied Taiwan’s parliament and mounted mass demonstrations over three weeks starting in March in anger at a pending trade pact, which will open various sectors in both economies. The opposition calls the pact a threat to Taiwan’s industry and sovereignty

Signed a year ago, it has stalled in Taiwan’s parliament, which is set to discuss it at a session overlapping with Zhang’s visit. Advocates, including the China-friendly President Ma Ying-jeou, say it is a step to normalizing ties and will provide jobs and raise living standards.

For more information, please see:

Taipei Times– China respects Taiwan’s choice: Zhang –28 June 2014

The China Post– Kaohsiung mayor meets TAO minister –28 June 2014

Focus Taiwan– Taipei mayor talks of ROC during Beijing visit –27 June 2014

Reuters– China official met by protests, says respects Taiwan’s choices –27 June 2014