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Battle Free Speech: Brazil v Google

By Margaret Janelle R. Hutchinson
Impunity Watch Reporter, South America

BRASÍLIA, Brazil – As a young, vibrant, democratic nation, it seems counterintuitive that Brazil would be a leader in digital censorship.  Brazil submitted 418 requests, more than any other country, to block or remove content from Google’s various servers last year.

Brazil, which led the world in requests to block Google content, struggles with technology and free-speech rights. (Photo Courtesy Google)

Attempts to censor content were elevated to another level last week when a judge ordered the arrest of Google’s most senior executive in Brazil, Fabio Jose Silva Coelho, after the company failed to take down YouTube videos attacking a local mayoral candidate.

A different Brazilian judge ordered Google to remove versions of the “Innocence of the Muslims” video that has sparked deadly riots across the Middle East from Brazilian YouTube within 10 days or face fines.

The cases are reviving a debate about Brazilian laws that hold services such as YouTube responsible for the videos posted on them, making the country a hotbed of attempts to stifle digital content.

Brazilian law currently treats content on the internet like material in newspapers, television and radio.  Consequently, Google is considered responsible for user posted material.

Brazil carefully monitors racial issues and has strict electoral laws that limit criticism of candidates in the run-up to elections.  There are lawsuits in at least 20 of its 26 states seeking deletion of Google content.  The video that drew controversy last week aired paternity claims against a mayoral candidate in Campo Grande, a state capital in Brazil’s interior.

Google says it resists restrictions it regards as illegitimate but complies with lawful requests from government officials.  The company appealed the ruling in the Campo Grande case but blocked the video after the court rejected the appeal and police arrested Coelho.

“Our goal with YouTube is to offer a community that everyone can enjoy and, at the same time, is a platform for freedom of expression worldwide,” Coelho said in a blog post after his brief detention.  “This is a great challenge, mainly because content acceptable in one country may be offensive — or even illegal — in others.”

Many Brazilians criticized the government’s handling of the Campo Grande case and what they see as elevating the rights of political candidates over the free-speech rights of their constituents.

“It’s a step back in terms of freedom of expression, something like we see happening in countries like China,” said Monica Rosina, professor at Fundaçao Getulio Vargas Law School. “It’s bad for the Brazilian image abroad.”

In the video case, the judge said Google would be fined 10,000 Brazilian reais ($4,926) per day if it doesn’t comply with his order.  Still, the judge acknowledged the complexity of policing videos on YouTube.

There is pending legislation in Brazil that would provide some protection for intermediaries such as Google.  The legislation, known as Marco Civil, would not fully prevent the kind of case that resulted in Coelho’s arrest, which was brought under Brazil’s more specific electoral laws.

Maria Clara Garcaz, a 20-year-old university student in Rio de Janeiro, expressed worries about the court action.

“It’s like we live in a silent, disguised dictatorship.  When we had our real dictatorship, at least you knew for certain what you could and couldn’t say,” Garcaz said.  “Political speech can be censored at any time and it’s moving into the Internet, exactly where people speak out.”

For further information, please see:

The Independent – Governments in young democracies fret over social media – 4 October 2012

PKKH – Google’s Brazil Chief Detained; Court Bans Anti-Islam Video – 27 September 2012

Yahoo Finance – Arrest of Google Brazil head stirs debate over Web – 27 September 2012

The Guardian – Google executive in Brazil faces arrest over video – 25 September 2012

 

Syrian Revolution Digest – Wednesday 27 September 2012

Kill Us Maybe!

The killing spree by pro-Assad militias escalates as their sense of insecurity increases. Meanwhile, the global debate on intervention continues. But rockets speak louder than words, and actions count more than intentions.  

Wednesday September 26, 2012

Today’s Death toll: 343. The Breakdown: 162 in Damascus and Suburbs (including 107 martyrs in the massacre in Dhiabieh, 19 in Barzeh, 8 in Hajar Aswad, 6 in Douma, and 4 in Assali), 48 in Deir Ezzor (most field-executed in Jourah), 37 in Hama (most in Masha Al-Arba’een), 34 in Homs (including 18 in the massacre in Bayada), 29 in Aleppo, 27 in Daraa (including 15 in Ibta’a) and 6 in Idlib (LCC).

Highlights (LCC):

Damascus Suburbs: Al- Dhiabieh Reports of 107 martyrs found, most of which women and children who were field executed, including 9 from Al-Rifaie whose throats were slit with knives. 4 bodies were found in front of the Al-Ashra Mosque, 3 bodies in Al-Mashrou Al-Jadid, 5 bodies in Souk Al-Sabet. The number of martyrs will likely increase, but due to continued shelling, activists were unable to recover all bodies.

Damascus City: Barzeh: 15 martyrs were named in a massacre committed by shabbiha in the neighborhood, most victims were children and women. Assali14 bodies of martyrs, who were field-executed, were found near Al-Mustaqbal Swimming Pool.

Daraa: Ibtaa Regime forces launched a barbaric military campaign in the town where they detained and slaughtered dozens of residents. Fifteen bodies were just recovered from the rubble after regime forces shelled civilian homes with heavy artillery stationed in the surrounding areas. In addition, regime forces used warplanes and gunship helicopters to comb areas surrounding Abtaa, Da’el, and Sheikh Miskeen. Intermittent gunfire was also reported by helicopter machine guns across the area which has led to a massive exodus, and the complete destructions of dozens of homes, including underground make-shift shelters.

Deir Ezzor City: Dozens were martyred due to regime shelling using rockets and missiles in Jabalieh, Aarafi, and Hamadieh neighborhoods.

Hama: Hama City Clashes between the Free Syrian Army and regime forces were reported in Aleppo Road neighborhood and sounds of intense gunfire are heard in the vicinity of the neighborhood. Shahshabo Mountain Warplane shelling at Rasha and Moneir villages was reported and 6 explosive barrels landed, which causes a case of panic and fear among residents.

Lattakia: Turkman Mountain Fierce clashes were reported in Soulas village between the Free Syrian Army and regime forces.

News

Special Reports

Meanwhile, exiled activist Ammar Abdulhamid interpreted the attack in a very different way: “Assad’s grip over Damascus has become tenuous at best. Rebels are able to conduct bombings and attacks even in the most secured areas aided by informants embedded within Assad’s own security establishment. The battle of Damascus is set to begin at earnest soon, in what promises to be a very bloody development.”

Ammar Abdulhamid & Khawla Yusuf: The Shredded Tapestry: The State of Syria Today

Video Highlights

Lebanon’s Manar TV broadcasted the following report of a gun battle that reportedly took place in the security headquarters in Omayad Square, Damascus City, that was the target of an attack by local rebels groups earlier in September 26. While rebels report that dozens of pro-Assad militias were killed during the attack. The report here claims that the attack allowed for three “terrorists” to infiltrate the building and were later surrounded by the regular army and killed. The battles we see were obviously staged. This Manar version, which jives with the official version, fails to explain how three terrorists managed to occupy the security headquarters on their own, emptying it out in the process and necessitating an attack by hundreds of soldiers to retake ithttp://youtu.be/oyT5aOkrhaM The view from afar by activist camerashttp://youtu.be/EFD2Bqjw98g , http://youtu.be/aWPc1lgP_yw ,http://youtu.be/Jva_NMOeGN8

Regime propagandists continue to be quite creative. A few days ago, and after rebels in Eastern Ghoutah managed to bring down a helicopter gunship, official media claimed that the pilot flew too high to avoid being shit and ended up colliding with a civilian airplane. No worries though, the plane and its passengers were unharmed.

In Dhiabieh, Damascus City, some of the 107 victims of summary executions by pro-Assad militias http://youtu.be/_SrbJPR7UJE ,http://youtu.be/wWQTLNNT1EA , http://youtu.be/dtR4tCpIp5U ,http://youtu.be/KilOA_b4gOA

In nearby Barzeh, local bury their dead of the day vowing never to kneel but before God http://youtu.be/v2FXKFOWJ50

Deir Ezzor City: pulling bodies of victims from under the rubble http://youtu.be/-VVAOKFqDnA ,  http://youtu.be/H3oX8KpW4uM ,http://youtu.be/X5yEMUAECqg , http://youtu.be/CjER1HwZa80 ,http://youtu.be/NRQqsTN2ZFE , http://youtu.be/qBINWMqRRn4 ,http://youtu.be/2D_kKXspDOw , http://youtu.be/g16APRIxj7s Martyrshttp://youtu.be/oxAFDOx7DYw A local martyr taking his last breathshttp://youtu.be/JhnqAjocSPE Earlier in the day, MIGs took part I pounding the cityhttp://youtu.be/LAHse9ilnPw

MIGs take part in pounding of Alboukamal near the borders of Iraqhttp://youtu.be/yfIo4_KDP1Q , http://youtu.be/D0_Ib_zFYgo ,http://youtu.be/1SBgWUGJM_o , http://youtu.be/RMGrBNWEvuE

Locals in Ibtaa, Daraa Province, try to identify the bodies of the martyrshttp://youtu.be/o5E0_VKfDTs

The pounding of the town of Rastan, Homs Province, continueshttp://youtu.be/QPWD5sf5f8Y , http://youtu.be/DP-n_lOJXGg

UK Indeterminate Sentences Breach Prisoner Human Rights

By Madeline Schiesser
Impunity Watch Reporter, Europe

Strasbourg, France – The European Court of Human Rights (ECtHR) has ruled that the operation of indeterminate sentences for the protection of the public (IPPs) breaches human rights.  Under an IPP in the United Kingdom (UK), a court could sentence a prisoner to serve not only time for a committed crime, but to also to remain in prison until he had completed rehabilitation courses, which are difficult to gain access to.  Of the more than 6500 prisoners currently serving IPP terms, 3500 have completed their minimum sentences, but need to demonstrate rehabilitation. The ECtHR found that the IPP system has a “lack of resources,” without which prisoners whose minimum sentences have expired cannot realistically qualify for release.

IPPs were created to ensure that dangerous prisoners were rehabilitated before reentering the population, but the supporting system quickly became overwhelmed. (Photo Courtesy of BBC News)

Brett James, Nicholas Wells, and Jeffrey Lee, who were each imprisoned over two years longer than their minimum sentences, brought their cases before the ECtHR. They, like other IPP prisoners who had completed their minimum sentence found themselves in a catch 22; they could not qualify for release without rehabilitation courses, and such courses could not easily be obtained.  The three argued that there were “delays” in accessing the prison courses necessary to be eligible for release, caused by “a lack of resources.”  The ECtHR agreed.

Specifically, the ECtHR found that the IPP operation violated Article 5:1 of the European Convention on Human Rights, which bans arbitrary detention.  The ECtHR characterized the IIP operation as “draconian measures for indeterminate detention without the necessary planning and without realistic consideration of the impact of the measures”.

The court further explained that “once the applicants’ tariffs had expired, their detention was justified solely on the grounds of the risk they posed to the public.”  At that point, the need for rehabilitative services becomes all the more urgent.   The applicants’ imprisonment was “arbitrary and therefore unlawful” when without an effort to progress them through the prison system “with a view to providing them with access to appropriate rehabilitative courses”

James, Wells, and Lee were awarded £14,000 in damages and close to £30,000 in costs.   It is estimated that if the British government were required to compensate all 3500 IPP prisoners held beyond their minimum sentence, it would cost about £16 million.

The new Justice Secretary, Chris Grayling, expressed that he was “very disappointed by the ECHR decision,” further elaborating that he intends to appeal the decision: “it is not an area where I welcome the court seeking to make rulings, it is something we intend to appeal.”  The government has three months to do so.

The IPP was introduced in 2005 by Labour as a way to ensure that dangerous prisoners were rehabilitated before reentering the population by providing them with courses.  However, the system quickly became overburdened.  Since then, Ken Clarke, the last Justice Secretary, announced the cancelation of the IPP last year.

For now, the ECtHR decision will not affect prisoners in the UK currently serving IPP sentences.  A spokesman for the Ministry of Justice stated: “”Public protection will not be put at risk – the judgment does not find that indeterminate sentences are unlawful, and will not mean prisoners currently serving IPP sentences will have to be released.”

However, the decision will likely cause the UK to change the way that it sentences prisoners.  The government had already announced plans for a new regime of tough, determinate sentences.  The Ministry of Justice says “[t]his will see more dangerous criminals given life sentences, and others spending longer periods in prison, with tough license conditions on release.”

For further information, please see:

BBC News – Indeterminate Sentences ‘Breach Human Rights’ – 18 September 2012

Guardian – Strasbourg Judges Rule Indeterminate Sentences Unlawful – 18 September 2012

Independent – Indefinite Sentences Ruled Unlawful – 18 September 2012

Telegraph – Prisoners Locked Up Indefinitely Could Claim Millions in Compensation – 18 September 2012

Kidnapping in Nigeria Continues

By Vicki Turakhia
Impunity Watch Reporter, Africa

ABUJA, Nigeria – Police in Nigeria have denied the accusation that almost 1,000 people have been kidnapped from January of 2008 until August of 2012, but a group called Campaign for Democracy states differently.

Nigeria has a reputation for kidnappings. (Photo Courtesy of George Esiri/Reuters)

Previously robberies were more common than kidnappings, but criminals are learning that there is a higher chance for profits in a kidnapping. These kidnappings have led to ransoms costing people a total of 1.2 billion naira during that time period. The costs range anywhere from 5 million to 30 million naira per person kidnapped.

Victims of the kidnappings include singing and dancing Nigerian stars and prominent members of society, which is a change from the foreign oil company officials previously kidnapped. The Enugu State University Vice Chancellor was abducted on August 15th,  causing the University’s security to be questioned.

The Vice Chancellor is known for his hard work and dedication to the school, he has brought about change and reform to Enugu State University. The authorities are hopeful about his release.

Nigeria is the eighth highest in kidnapping around the world. In 2010, 512 people had been kidnapped compared to the 353 for the total of 2009. In January of 2008 the average rate of reported kidnappings was about one every 10 days.

Not only is there a rise in kidnappings, but in other crimes as well such as assassinations, armed robberies, and arson. These criminal acts are said to occur due to joblessness, homelessness, and the decreasing access to education. The Academic Staff Union of Universities (ASUU) blames the government for the difficulties that spread across the nation.

A U.S. based social group has stated that the insecurity has led to a lack of foreign investments. The group calls for a permanent solution otherwise the instability in Nigeria will continue to hurt the economy.

Solutions to the kidnappings include removing the buildings used for housing kidnapped victims. The local government is looking to increase the penalties for kidnapping. The government has also included development centers, these centers provide greater knowledge and communication about the growing rise in kidnapping.

However, the police do question the source of information obtained by the Campaign for Democracy, so the numbers are being confirmed by the Deputy Force. But, the U.S. State Department maintains that a majority of kidnappings go unreported.

 

For further information, please see:

All Africa – Nigeria: 938 Persons Kidnapped in South East – Campaign for Democracy – 17 August 2012

All Africa – Nigeria: ASUU Blames Bombings, Kidnappings on Injustice – 14 August 2012

All Africa – Nigeria: U.S. Based Group Wants Govt to Tackle Kidnapping – 29 July 2012

Global Post – Nigeria’s Kidnapping Culture on the Rise – 30 May 2010

The Guardian Nigeria – Pharmacists Seek Release of Kidnapped ESUTH VC – 18 August 2012

 

Angry Mob Lynches Brazilian Prisoners in Bolivia

By Heba Girgis
Impunity Watch Reporter, South America

SUCRE, Bolivia—A rebel mob in the town of San Matias, Bolivia dragged two Brazilian murder suspects from the Bolivian jail, beat them and burned them alive. Allegedly, the Brazilians had shot to death three Bolivians and wounded two others in a drunken dispute in Tuesday, August 14. The reason for the dispute still remains unclear.

The Town of San Matias Lies on the Border of Bolivia and Brazil and is Occupied by Many Drug Traffickers and Car Thieves. (Photo Courtesy of BBC News)

The seven police officers who were responsible for keeping the Brazilians in custody were completely overwhelmed by the mob that attacked the prison and were unable to control the situation. They fired several shots into the air with no avail.

The two bodies of the Brazilian prisoners were delivered to Brazilian police late Tuesday night. Col. Lily Cortez, Bolivia’s regional police commander has vowed to arrest and prosecute the members of the mob responsible for the deaths. As of today, no one has been arrested.

The lynching of the alleged criminals occurred in the town of San Matias, a town located on the border of Bolivia and Brazil with an active community of drug traffickers and car thieves. Bolivian police officers noted that the town of San Matias has now become a kind of refuge for Brazilian criminals and that violent behavior is not altogether uncommon in this particular part of the country.

In many areas of rural Bolivia, these types of lynchings are common, as law enforcement officers and judicial workers are rare.

Claudio Rojas, the town councilman, told the Associated Press that, “It’s barbarous what occurred Tuesday night, but people are tired of so much insecurity. No one is in charge of this town, where criminals do whatever they please.”

In the past, there have been many instances where innocent individuals have been injured or killed by angry mobs. According to these groups, they wanted nothing more than to simply bring swift justice. While Bolivia’s constitution did legalize “traditional justice,” the Bolivian legislative assembly passed a law in 2010 making it clear that lynching and any form of the death penalty are strictly forbidden.

The Brazilian foreign ministry now voices its deep concerns over the situation and demands that its embassy in La Paz, Bolivia call upon Bolivian authorities to establish new measures to protect prisoners and prevent this kind of incident from occurring again in the future.

The Brazilian ministry has also strongly urged the Bolivian authorities to carry out a “swift and rigorous” investigation into these types of criminal activities.

 

For further information, please see:

BBC News – Bolivia Lynching: Brazil Condemns Deaths in San Matias – 16 August 2012

International Business Times – Mob Justice in Bolivia: Two Brazilian Murder Suspects Burned Alive – 16 August 2012

The Guardian – Bolivian Mob Lynches 2 Brazilian Murder Suspects –  15 August 2012

The Province – Bolivian Mob Drags 2 Brazilian Murder Suspects From Jail in Border Town, Burns Them Alive – 15 August 2012