North America & Oceania

Obama Proposal Ends NSA Bulk Collections Of Phone Records

By Brandon R. Cottrell 
Impunity Watch Reporter, North America 

WASHINGTON, D.C., United States – President Barack Obama has proposed changes to the National Security Agency (“NSA”), which would end its ability to collect telephone records in bulk in an attempt to eliminate concerns regarding bulk data collection.

President Obama’s proposal would prohibit the NSA from collecting phone records, while allowing access to records kept by telecommunication companies (Photo Courtesy Reuters).

The plan, according to a senior administration official, would ensure that the government will no longer be able to collect or hold metadata—such data includes the numbers and time of phone calls but not the content of the conversation.  His plan would, however, attempt to retain “as many [other] capabilities of the program as possible.”

The plan would also still ensure “that the government has access to the information it needs to meet the national security needs.”  Though the NSA would not being storing the information, it would have access to the records that telecommunications companies will keep.  In order to obtain access to those records, the NSA would need to obtain a court order from the Foreign Intelligence Surveillance Court

Marc Rotenberg, an executive director of the Electronic Privacy Information Center, thinks that the proposal is a “sensible outcome, given that the 215 program likely exceeded current legal authority and has not proved to be effective.”  The 215 program that Rotenberg refers to is a program that was put in place by the Bush administration in 2006, which was interpreted to mean that the NSA could systematically collect domestic calling records in bulk.

Jameel Jaffer, of the American Civil Liberties Union, agrees with Rotenburg and added, “the government can track suspected terrorists without placing millions of people under permanent surveillance.”  He points to the government’s inability to point to a thwarted terrorist attack to bolster his statement.

A competing proposal by the House Intelligence Committee, however, though aimed at ending the bulk collection of data, would allow the NSA to search the data collected by the telecommunications companies so long as they had a reasonable articulable suspicion; it would not require approval of a judge.

According to a White House statement released last week, Obama maintained that his administration is committed “to taking steps that can give people greater confidence that their rights are being protected while preserving important tools that keep us safe.”  In addition, the Obama administration will also consider ending or modifying other bulk collection programs.

 

For further information, please see:

CNN – Obama, Congress, Working on Changes to NSA – 25/3/14

The Guardian – House’s NSA Bill Could Allow More Spying – 25/3/14

NY Times – Obama to Call for End to NSA’s Bulk Data Collection – 24/3/14

Reuters – Obama to Propose Ending NSA Bulk Collection of Phone Records – 25/3/14 

Former Rebel Wins El Salvador Presidential Election

By Brandon R. Cottrell 
Impunity Watch Reporter, North America 

SAN SALVADOR, El Salvador – El Salvador’s Electoral Court confirmed yesterday that Sanchez Ceren, the former rebel and left wing presidential candidate, won the March 9th presidential election by securing 50.11% of the votes.  As a result, Ceren becomes the first former rebel to serve as president in El Salvador.

Sanchez Ceren was just recently confirmed as the winner in El Salvador’s presidential election (Photo Courtesy Al Jazeera).

Ceren, who defeated conservative candidate Norman Quijano (who received 49.89% of the vote), will serve a five-year term beginning June 1, 2014.  Quijano, who had challenged the election result on the basis of fraud and other foul play, ultimately could not produce enough evidence to prove fraud.

Ceren, who was a guerrilla commander during El Salvador’s Civil War in the 1980’s and 1990’s, has served as the vice president for the past five years.  As vice president, he was behind many of the social spending programs in El Salvador and during his campaign he pledged that there would be even more spending, with the hope that such spending will combat the inequality that plagues the country.

In Latin America, there is an emerging trend of leftist candidates, who had been involved guerilla movements, being elected president.  Brazil, Chile, Uruguay, and Venezuela are all countries that have such presidents.  Quijano, whose campaign ads attempted to characterize Ceren Hugo Chavez, warned that the election of Ceren would result in chaos and violence.  Ceren has combated such allegations by maintaining that he wants to position himself in the center of the political spectrum and has called for reconciliation and unity of the left and right.

As Ceren prepares to take office, there are numerous issues that he will be tasked with facing.  Foremost, with the country averaging nine murders per day in 2014 and the continued rise of gang related extortion, security (and reducing the violence) is a must and was cited as the biggest concern for most voters.

Additionally, a 2012 gang truce, which had cut the murder rates, is reportedly in trouble—yet Ceren has remained silent on the subject, which will need to be addressed.  Closely related, are El Salvador’s prisons, which are categorized as overcrowded and inhumane.  While the left wing has spent considerable resources trying to rehabilitate its criminals as a means of crime prevention, many others “prefer the idea of locking [the criminals] all up and throwing away the key.”

Lastly, there are numerous human rights related issues that must be dealt with.  Such issues include an amnesty law regarding former military leaders, the investigation of a 1981 massacre (where the army killed over 800 civilians), and women’s rights—including a complete ban on abortions.  Almudena Bernabeu, an international lawyer, has said that “you cannot rebuild a society by excluding the majority of the citizens … and [f]ailing to provide justice to them (victims of the civil war and women generally) means excluding them. This is a very interesting moment for human rights in El Salvador.”

Meanwhile, Jose Miguel, president of the Institute of Legal Medicine, has said that “the most worrying thing is the intolerance and deep divisions within the population, so the biggest challenge for the new government is [unite the country].”

 

For further information, please see:

Al Jazeera – El Salvador’s Post-Poll Challenges – 17 March 2014

BBC – El Salvador Ex-Rebel’s Presidential Victory Confirmed – 17 March 2014

Reuters – El Salvador Court Ratifies Ruling-Party Presidential Candidate’s Win – 17 March 2014

Washington Post – Former Guerrilla Commander Wins El Salvador Presidential Election – 14 March 2014 

Holder Calls for Reduced Reliance on Mandatory Minimums

by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – US Attorney General Eric Holder on Thursday called for shorter sentences for defendants in most of the nation’s drug crimes. Holder endorsed a proposal that would result in shorter sentences for non-violent drug trafficking offenses, citing the rising cost of operating federal prisons and fairer administration of justice.

Holder’s position appears consistent with statements he made last August about the “vicious cycle of poverty and incarceration” gripping communities. (Photo courtesy of BBC News)

The proposal, created by the U.S. Sentencing Commission, is part of a larger move by the Department of Justice to lessen the penalties for non-violent drug offenders.  Holder has spoken out against mandatory minimum sentences, arguing for judicial discretion in developing appropriate sentencing guidelines.

“This overreliance on incarceration is not just financially unsustainable, it comes with human and moral costs that are impossible to calculate,” said Holder in a hearing before the Commission.

Holder insisted that removing these mandatory minimums would not prevent application of harsher sentences to violent drug offenders.

This proposal is just the latest step in an on-going move by the Justice Department to reduce the prison populations.  In August, Holder instructed prosecutors to stop charging non-violent drug traffickers with offenses that carried these mandatory minimum sentences.  The Sentencing Commission took notice, convening in January to consider eliminating mandatory minimums altogether.

Justice Department officials said the proposed amendment would result in a 17 percent decrease in the average length of prison sentences for non-violent offenders.  Moreover, it would shrink the federal prison population by 6,550 inmates over the next five years.

Holder’s proposal has been met with criticism from Raymond Morrogh, director-at-large for the National District Attorney’s Association, who considered the proposal to be “[r]ewarding convicted felons with lighter sentences because America can’t balance its budget.”

The seven member Sentencing Commission is expected to vote as soon as April to amend the sentencing guidelines.  The mandatory minimums will remain in effect, however, until such time that the Commission votes on the proposed amendment.

For more information, please see:

BBC News – Eric Holder to push for shorter US drug sentences – 13 March 2014

CNN – Holder: I back a plan to reduce some drug-related sentences – 13 March 2014

Fox News – Holder backs reduced sentences for some drug traffickers – 13 March 2014

The New York Times – Holder Endorses Proposal to Reduce Drug Sentences – 13 March 2014

The Washington Post – Holder calls for reduced sentences for low-level drug offenders – 13 March 2014

Kerry Meets Russian Counterpart in Paris

by Michael Yoakum
Impunity Watch Reporter, North America

PARIS, France – Secretary of State John Kerry met with with Russian Foreign Minister Sergei Lavrov in Paris Wednesday to discuss peaceful solutions to the standoff in Ukraine’s Crimean peninsula. The meeting came just a day after Lavrov announced that economic sanctions by the US would not change the position of the Russian government.

Kerry denounced the Russian occupation of Crimea Sunday, calling the action “an incredible act of aggression.” (Photo courtesy of Bloomberg News)

Despite their differences, Kerry noted before the meeting that all parties agreed that the situation should be resolved diplomatically rather than militarily.

“All parties agreed today that it is important to try to resolve these issues through dialogue,” said Kerry.

The talks were described as “very constructive” and Kerry considered them to be the beginning of negotiation that would hopefully lead to a peaceful solution. Despite the Secretary’s optimism, the Russian Foreign Minister refused to have a one-on-one meeting with his Ukrainian counterpart, opting instead to travel home.

While speaking in to press after the meeting, Kerry renewed his call for Russian forces to withdraw from the Crimean peninsula and allow UN monitors in to the region. Whether or not Russia will heed such a call, Kerry added that the parties agreed to meet again.

“We agreed to continue intense discussions in the coming days with Russia, with Ukrainians, in order to see how we can help normalize the situation, stabilize it and overcome the crisis,” he said.

While Kerry traveled to Paris, President Obama continued to communicate with EU leaders, collaborating with German Chancellor Angela Merkel Tuesday on a resolution to the situation. Their proposal would require Russian forces to partially withdraw, limiting their deployment to 11,000 troops.

The President also directed remarks to Russian President Vladimir Putin Tuesday, saying that Russia was not “fooling anybody” by denying Russia deployed forces to Crimea.

France 24 reports that sources confirm President Obama will not be attending an upcoming G8 summit scheduled to be held in Sochi, Russia unless the situation in Crimea improves.

For more information, please see:

Bloomberg News – Kerry Makes Push to Ease Ukraine Tension in Lavrov Talks – 5 March 2014

CNN – Kerry: Ukraine talks will continue – 5 March 2014

France 24 – US-Russia to hold Ukraine talks in Paris – 5 March 2014

MSNBC News – Kerry Says Russia and Ukraine Willing to Keep Talking – 5 March 2014

The Washington Post – Kerry says ‘Russia is going to lose’ if Putin’s troops continue to advance in Ukraine – 2 March 2014

Former Guantanamo Bay Detainees Allege Torture

By Brandon R. Cottrell
Impunity Watch Reporter, North America 

WASHINGTON, D.C., United States – Two former Guantanamo Bay detainees, Nizar Sassi and Mourad Benchallali, who filed a lawsuit alleging torture and mistreatment while at Guantanamo, have asked that retired major general Geoffrey Miller, who was the commander of the prison, be subpoenaed.

Retired Major General Geoffrey Miller, who was a commander at Guantanamo Bay, is alleged to have overseen “a systematic plan of torture.” (Photo Courtesy RNW).

In an expert report that accompanied their lawsuit, Sassi and Benchallali say that Miller “authorized a systematic plan of torture and ill-treatment on persons deprived of their freedom . . . [and] the basic rights of any detainee.”

According to the lawyers for Sassi and Benchallali, the acts performed “constitute[d] torture and violate, at a minimum, the Geneva Conventions prohibition on coercive interrogations.”  As such, Miller “bears individual criminal responsibility for the war crimes and acts of torture inflicted on detainees in US custody.”

Sassi and Benchallali, who were detained from 2001 to 2004 likely suffered from the “enhanced interrogation techniques” that the Bush administration had approved.  Such techniques included “placing detainees in stress positions, stripping them, isolating them for extended periods of time, and exposing them to extreme heat and cold.”  Miller allegedly continued to use these techniques even after then Secretary of Defense Donald Rumsfeld withdrew permission to use those techniques.

The United States has not responded to this subpoena.  Additionally, in January 2012, Sophie Clement, the investigating magistrate, requested access to relevant documents and for permission to interview those who had contact with Sassi and Benchellali—that request has yet to solicit a US response.

Katherine Gallagher, a staff attorney at the Center for Constitutional Rights, said, “that high-level US officials alleged to bear responsibil[ity] for torture continue to enjoy impunity domestically is a stain on the US system of justice.”  She also praised France as a “venue that is willing to investigate torture and assist in providing some measure of justice to the torture survivors.”

Reports of torture at Guantanamo Bay were first brought to the international community’s attention when the International Committee of the Red Cross carried out an investigation, that including interviewing over five hundred individuals.  Their report voiced concern over the lack of a legal system for the inmates and the excessive use of isolation and steel cages and ultimately concluded that the prison had “too much control over the basic needs of detainees.”

 

For further information, please see:

FIDH – Former Guantánamo Detainees Urge French Judge to Subpoena Former Guantánamo Commander for Role in Detainee Torture – 26/2/14

Global Post – Ex-Guantanamo Detainees Ask French Judge To Probe Torture – 26/2/14

Huffington Post – French Judge Asked To Continue Investigation – 26/2/14

Russian Times – Former Gitmo Inmates Urge French Judge To Probe Systematic Torture – 27/2/14