democracynow.org
Stories:
As the Justice Department launches a probe of the Baltimore Police Department for a potential pattern of unconstitutional policing in the wake of the death of Freddie Gray, attorneys for the six officers indicted over Gray’s death are challenging the role of Baltimore’s top prosecutor, Marilyn Mosby. On Friday, defense lawyers filed a motion demanding Mosby recuse herself because of alleged conflicts of interest and "egregious" violations. The attorneys say Mosby’s judgment is compromised by her close relationship with the Gray family’s attorney and her husband’s job as a City Council member from the district where Gray was arrested. The motion goes on to accuse Mosby of quelling the Baltimore riots by offering cops “up to the masses” as scapegoats. Mosby has rejected the claims and vowed to remain on the case. “There are consistent attempts here to derail the prosecution, to undermine public confidence and at the same time to influence the people who will one day be sitting as jurors,” says our guest, Douglas Colbert, professor at the University of Maryland School of Law. He also responds to reports that Baltimore police officers are now reportedly hesitant to do their jobs.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman. We turn now to Baltimore with the Justice Department has launched a probe of the city’s police department for potential pattern of unconstitutional policing in the wake of the death of Freddie Gray. Attorney General Loretta Lynch announced the investigation.
ATT. GEN. LORETTA LYNCH: Today the Department of Justice is opening an investigation into whether the Baltimore Police Department has engaged in a pattern or practice of violations of the Constitution or federal law. This investigation will begin immediately and will focus on allegations that Baltimore Police Department officers used excessive force, including deadly force, conduct unlawful searches, seizures, and arrests, and engage in discriminatory policing.
AMY GOODMAN: The Justice Department probe comes as attorneys for the six officers indicted over Freddie Gray’s death are challenging the role of Baltimore’s top prosecutor Marilyn Mosby. Almost immediately after the charges were announced earlier this month, the attorney for Baltimore’s police union reacted by questioning the fairness of their prosecution.
MICHAEL E. DAVEY: No officer injured Mr. Gray, caused harm to Mr. gray, and they are truly saddened by his death. These officers did nothing wrong. We believe that the actions taken today by the state’s attorney are in egregious rush to judgment and we have grave concerns about the fairness and integrity of the prosecution of our officers.
AMY GOODMAN: Well on Friday, the attorneys for the six Baltimore officer’s who were charged for the death of Freddie Gray filed a motion demanding that Marilyn Mosby, the chief prosecutor in the high-profile case, recuse herself from the high-profile case because of alleged conflicts of interest. The wide-ranging attack on Mosby’s credibility spans more than 100 pages and accuses her of egregiously violating prosecutorial ethics. According to the defense’s motion, Mosby’s judgment is compromised by her close relationship with the Gray family’s attorney and her husband’s job as a City Council member from the district where Gray was arrested. The motion goes on to accuse Mosby of quelling the Baltimore riots by offering cops up to the masses as scapegoats. It calls for the case to be dismissed, and if not, for a special prosecutor to be appointed. Speaking on MSNBC, Mosby rejected such calls and denied any conflict of interest.
MARILYN MOSBY: When you a special prosecutor, where is the accountability? Someone politically is going to appoint someone else, and who do you hold accountable? The constituents of Baltimore city elected me to exercise my discretion and to apply justice fairly and equally with or without a badge. With reference to a conflict of interest, there is no conflict of interest. My husband represents the district in which I live. I am the Baltimore city state’s attorney. I represent his district and 13 other districts throughout the city. I prosecute crimes there. I don’t have to turn on the news and open up the newspaper in order to see the crime impacting my community. All I have to do is open of the door. So there is no conflict.
AMY GOODMAN: That was Baltimore’s State’s Attorney Marilyn Mosby, speaking on MSNBC. And when she announced the charges several Fridays ago, she was asked in the news conference afterwards if she had a conflict of interest because her husband is a Baltimore city council-member. This was her response.
MARILYN MOSBY: I don’t see an appearance of conflict of interest. My husband is a public servant and works on the legislative side. I am prosecutor, I am also a public servant. I uphold the law. He makes the laws. And I will prosecute any case within my jurisdiction.
AMY GOODMAN: Marilyn Mosby is the youngest state’s attorney of any major city in the United States. All of this comes as each of the six officers charged in Freddie Gray’s death are demanding over $75,000 in damages for their "loss of freedom and dignity" as well as physical and psychological harm. Well, for more, we go directly to Baltimore where we’re joined by Doug Colbert. He is a professor of law at the University of Maryland School of Law and the Director of the Access to Justice Pre-trial Clinic. He is also the founder of the Lawyers at Bail Project, which represents more than 4000 indigent defendants at bail hearings. In 2013, he helped win a seven-year class action suit that guaranteed indigent defendants in Maryland their constitutional right to counsel when first appearing before a judicial officer. Doug Colbert, welcome to Democracy Now! Can you talk about the attack on Marilyn Mosby, the call for her to recuse herself or to be removed?
DOUG COLBERT: Yes, Amy. Let me begin by saying how unusual it is, unusual, for local prosecutor to bring criminal charges against police officers in the line of duty for crimes against citizens. And particularly, for homicide crimes. Police officers are accustomed to the local prosecutor finding their actions justified or otherwise finding insufficient evidence to charge a crime. And that explains why nationally, 98 to 99 percent of police killings result in no charges being filed at all, no indictment, no criminal proceedings. Our prosecutor here in Baltimore City has taken a different tact and she ought to be recognized and applauded for creating an independent investigation, independent of the police, one in which she has assigned specific prosecuting attorneys to examine the evidence, to gather the facts. And based upon their findings, Ms. Mosby an her office charged the police officers with various crimes. And no doubt that came as a real surprise to the police. So what we’re looking at here is a situation where she has made a very good start in bringing charges, but she is a long way to go before a grand jury finds sufficient proof to formally accuse the officers. And then, of course, to ever bring this case to trial requires a whole different burden of proof. What’s important, Amy, is that the criminal process go forward and there are a consistent attempts here to derail the prosecution, to undermine public confidence. And at the same time, to influence the people who will one day be sitting as jurors, whether it is grand jury or trial jury.
AMY GOODMAN: I wanted to go to a quote in The Baltimore Sun. Several officers recently told The Baltimore Sun that they’re concerned crime will spike since officers are now reportedly hesitant to do their jobs. Lieutenant Kenneth Butler, President of Baltimore’s African-American police group Vanguard Justice Society, told The Baltimore Sun, "I’m hearing it from guys who were go-getters, who would go out here and get the guns and the bad guys and drugs. They’re hands-off now...I’ve never seen so many dejected faces. Policing, as we once knew it, has changed," he said. Are we talking about a kind of silent strike the officers are going on now, Doug Colbert?
DOUG COLBERT: Well, first of all, many of us hope that police practices will change in the future and that this is the beginning of a new and improved relationship between police and community. I think this is just another effort to float, perhaps, the most serious trial balloon or attempt to try to convince the public that these charges should not be brought to trial. When the police make an implicit threat or suggestion, at least, that they may not be able to protect the safety of the community, we have to see it as an appeal to those who usually expect the police to come to their assistance. And I think this is just another example of trying to appeal to the white community, to the wealthy community, asking for their support, asking for them to justify police action. We don’t know the facts yet, Amy, and that is the most important thing. None of us do. So while the pundits may find it interesting to speculate, in many ways, it’s responsible to be thinking about what the evidence is that only Ms. Mosby knows. And we must keep in mind that there have been so many different efforts already to influence public opinion that have shown not to be accurate.
In the beginning, there were newspaper reports that Freddie Gray self-inflicted his own injury, his own nearly broken neck. That there was a pre-existing injury. It had nothing at all to do it had something to do it lead paint poisoning. But there again, there was an effort. There are other situations where the police are now calling from day one for a special prosecutor. Well, as recently as this past session in Annapolis, the police union strongly opposed an independent prosecutor. I think they were really surprised and stunned that Ms. Mosby decided to conduct an independent prosecution. And now they’re leveling a series of personal attacks against her, her office, one of our top journalists and investigative reporters, all with the idea of trying to undermine, if not actually derail this prosecution.
AMY GOODMAN: How unusual is it for the police, who were charged to be demanding $75,000, I think it was, a piece from the government before trial for the sort of pain and suffering that has been inflicted on them?
DOUG COLBERT: Well, it’s very and usual. The defense motion to recuse Ms. Mosby, to ask for the dismissal of charges before the prosecution has even had its day in court is extremely surprising. And one could see it as another effort to communicate a message to the public — at least, to that part of the public the police feel will stand by their actions — without allowing the truth to be reached. And that is what is most important here. If we’re going to regain the confidence of the entire community to believe in a fair process, we have to learn the facts. We have to give the prosecution the opportunity to present evidence. And that’s something that is really in jeopardy here. And I think the idea of suing — of the police suing the city when they and their lawyers are fully aware of the immunity that a prosecutor holds in the performance of their duty, is just another attempt to influence the public opinion and make it more difficult to move the prosecution forward.
AMY GOODMAN: Doug, all six officers charged in Gray’s death have posted bonds of $250,000 to $350,000, so they’re out on bail. Meanwhile, Alan Bullock, one of the 18-year-olds who turned himself in for participating in the riots, faced a bond of half a million dollars. His stepfather Maurice Hawkins and mother Bobbi Smallwood reacted to the amount in an interview with The Guardian.
MAURICE HAWKINS: That is my son on top of the police car with the cone in his hand hitting the window. We don’t condone that. and we believe in peace. I just want justice to be held and not to be, you know, him looked at as a career criminal or a thug.
BOBBI SMALLWOOD: My son, he’s not a evil child. I mean he’s not somebody to go around and just hurt people. He really not. He was really upset about them police just walking free. You gave my son a half a million dollar bail and you gave these cops nothing? Nothing for murder? That is crazy. That’s crazy. That’s not fair.
MAURICE HAWKINS: That is not justice.
BOBBI SMALLWOOD: That’s not fair.
AMY GOODMAN: They were speaking before the officers were charged. Other protesters in Baltimore have seen their bonds set as high as $100,000 for disorderly conduct. Some say they were held without food for over 18 hours. Can you comment on this, Doug Colbert?
DOUG COLBERT: Well, first of all, it is very important that these six officers, like every defendant, receives a fair trial. And they have already received extremely fair process that doesn’t usually happen to people who are not police officers. So for instance, when you are charged with murder, homicide crimes, and other serious crimes in the death of another person, bail is usually denied that individual. These officers received a bail that they could afford, that the police union could afford, and they are now free pending trial. that does not take place for the overwhelming majority of people who are being held and Baltimore’s jails and Maryland jails. And they will stay in jail anywhere from six months to 18 months and longer sometimes. The police also went through a process from arrest to the bail setting that took only a few hours. Protesters last week were held for an extended period of at least 48 hours. They were in crowded cells. Many of them, more than 100, never had charges filed against them, but they did live through a period that, frankly, they will never forget because the conditions inside the jail were really abhorrent.
I think the other issue here about bail, though Amy, is a very important one. And it’s one that my law students and some pro bono lawyers and organizations have really tried to change a system that for over 220 years denied poor people and low-income working people of their right to a lawyer when their freedom was first at stake. Up until 2013, people did not have a lawyer at their first appearance. And our lawsuit changed that. And now after 222 years, people have a lawyer at the beginning. But we also rely on money to decide the issue of freedom before trial or incarceration. And, obviously, that benefits an accused person who has money and it keeps many, many people in jail on the most minor charges. And those are the charges that my law students have been able to get people out of jail as well as a group called the Lawyers at Bail Project. So what we’re seeing here is an attempt to reform the pretrial justice system.
The Governor’s commission on pretrial justice this past December recommended the elimination of money bail because of how it discriminates against those who don’t have economic resources and privileges those who do, and at the same time, the Governor’s commission called for the elimination of bail bondsman. And bail bondsman and insurance companies make enormous profits. I mean, last week probably was their best week of business they’ve had in many, many years, because the only way people get out of jail is by paying a 10% nonrefundable fee. And we estimated back in early 2002 that bail bondsmen in Maryland alone are generating close to $150 million in fees. So we have to ask why does freedom depend on how much money you have? If someone is a danger or risk to the public, that person should be held in jail. Most people do not represent a risk. And most people should get the benefit of the presumption of innocence. And at the same time, they’re not a flight risk or significant flight risk, so there are other ways of monitoring people until their trial and those are all the reforms that we would like to see.
In addition to clearing up the very serious problem of outstanding warrants which go back 20, 30 years and people are afraid to be on the street because they didn’t pay a fine or the same kinds of things that we have seen in Ferguson and other parts of the country, those warrants really ought to be taken off the books. People should have a chance to return voluntarily and clear up these matters, which are almost always to nonviolent crimes.
AMY GOODMAN: Doug Colbert, the issue that the Fraternal Order of Police raised, one of the representatives and the news conference a few weeks ago, saying that because Freddie Gray was in high crime area, running is something like probable cause — for us, is reason to arrest someone. Can you explain what he is talking about? And can you comment on the fact that Freddie Gray ran away — well was running down the street? They said he made eye contact with the police lieutenant and then was running.
DOUG COLBERT: Running by itself does not give the police officer reasonable suspicion to believe that a crime occurred. And that is what is needed in order to have chased and apprehended Mr. Gray. There is a Supreme Court ruling which indicates that an unprovoked running combined with being in an area where there is drug trafficking and in the case that you’re referring to — the Wardlow Case — four police cars drove up on an open-air drug market and saw great deal of drugs being exchanged and then they saw Mr. Wardlow run away. And so that gave police reasonable suspicion to believe that Mr. Wardlow was running because he was either engaged in drug trafficking or other criminal activity.
In Freddie Gray’s situation — and it’s hard for most people, particularly people from the white community whose contacts with the police is much different than people in communities where the police have a true every day presence. Many of us grew up seeking out the police for their help, for their assistance. When Freddie Gray was supposed to have run away, we don’t know what provoked that. We don’t know a lot of things, Amy, actually that happened that day. We’re still trying to understand how Mr. Gray received injuries that apparently he did, from the video that is been played over and over again. We don’t know what the police role was in the arrest, the apprehension in taking him down and, apparently, handcuffing him, being on his back.
So I would expect that Mr. Gray and these police officers were familiar to one another. And Mr. Gray had a good reason not to want to have another encounter with officers because of their reputation, because of the fear that he might have been subject to different type of violence, certainly not one that would have taken his life. But the fact is that the experience and the black community and in the white community could not be more different among most people. And that doesn’t mean there aren’t many good police officers who are there trying to establish a much better relationship — and that’s always the hope. That is always the optimism; is that out of this tragedy will come a much better relationship where the police will engage in a different type of policing, where judges will not use bail to punish, to keep people in jail when it’s not necessary, and where we have so many people arrested. We have about 100 — if we take 100 arrests, Amy, there’s only 35 to 40 people who ultimately are convicted of crime, throughout the state of Maryland. That means that about 60% of the people are being charged with crimes that are not resulting in conviction. Many of those are in jail. And when they are in jail, they lose jobs, they lose their home, and they’re separated from family. We can do so much better.
AMY GOODMAN: And the issue also raised by the Fraternal Order of Police that the police are entitled, of course, to their constitutional rights when questions were asked about why five of the six had apparently spoken, but one of them hadn’t at that point. This issue — and it’s different, I believe in cities across the country — but of a kind of code of silence, a 10 day grace period. What is the period in Baltimore where police do not have to explain what happened?
DOUG COLBERT: Well, and you raise two very good points, that really — that is where we should focus much of our attention right now. There is a 10 day grace period in which the officers involved in a killing or an injury to citizen have the right not to be questioned, not to be asked what happened at the scene. And the officers can take, and often do take advantage of that. And so during those 10 days, at least the appearance of collusion is taking place. And in many situations, the police have an opportunity to think together, to come forward with a explanation that might fit the situation but may not be the whole truth. And one of the things that we need to look at here is why we give police and only police a 10 day period of silence, and then, of course, the police code of silence, the blue wall that we’ve heard mentioned for many, many years now.
The police who were present, those six officers know the truth. They know what happened. But the police code of silence says, do not testify against a brother or sister officer. And that is obstructing justice. We have to figure out when police officers can come forward. And I’m hoping in this case, that one or more will. The ones who had the least involvement in this. My hope is this will be an opportunity to eliminate the wall of silence because that’s what’s making it almost impossible to reach the truth and to find out what happened.
AMY GOODMAN: Doug Colbert, the other issue raised by the attorneys for the six police officers that Marilyn Mosby has a conflict of interest because she received a campaign donation from Freddie Gray’s attorney. What about the fact she also received campaign contributions on the Fraternal Order of Police?
DOUG COLBERT: There’s a real reach here, Amy. The motion to dismiss, in my opinion, if it ever applied to other defendants brought into a system would almost make it difficult, impossible for the elected state’s official to prosecute crime. So when people give a campaign donation, if that’s ground for elimination, or if people have some relationship outside of this particular office with the state’s attorney, you really have to show that the state’s attorney is doing something, is taking some action that is inappropriate. And I don’t think, whether it is Miss Mosby are one of our top investigative journalists, who for many years has been presenting information about the police — which I’m sure did not make many police officers happy.
But there really is a full scale challenge, almost an attack, on anyone who might be doing something that the police union is opposed. And Amy, you mentioned earlier, and I didn’t get to this, but the bail that was set for that young man of $500,000 and other high bails of $150,000 for other property-type crimes, I mean that is where we begin, often, or sometimes at least, there are judges who use bail inappropriately. This was a young man, apparently, who did not have any prior convictions, who voluntarily surrendered with his parents to the court. And you would think in that situation that you would have followed the law and set a bail that was affordable that was something that the family could have posted. But when you set an extreme bail that is so excessive and so violets a person’s constitutional rights, again, it provides an opportunity to question, why are we using money to decide people’s freedom? We have a system —
AMY GOODMAN: We have to break, but when we come back, I want to ask you a final question. It goes to the Adnan Syed case that was made famous through the podcast, "Serial", since you are his bail attorney. But we’ll ask you that in 30 seconds.
The case of Maryland’s Adnan Syed drew national attention last year when it was the focus of Serial, considered the world’s most popular podcast and the medium’s first breakout hit. Syed was convicted of killing his ex-girlfriend in 1999, and has been serving a life sentence. His legal team argues prosecutors failed to interview an alibi witness and that his lawyer failed to inquire about a possible plea deal. Serial became the first-ever podcast to win a Peabody award for its in-depth look at the case, exploring potential flaws with both the prosecution and with Syed’s defense. After two unsuccessful attempts to appeal his conviction, the Maryland Court of Special Appeals agreed in February to hear arguments about why Syed should get a new trial, based on the contention he had ineffective counsel. A hearing is set for June 9.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: That’s Prince playing Baltimore. In fact he did perform at a major concert in Baltimore this weekend. This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman. Our guest is Douglas Colbert, an attorney and Professor of Law the University of Maryland and School of Law. I want to turn right now to the case about Adnan Syed, and we just have a minute. But of course it drew international attention when it was the focus of, "Serial", considered the most popular podcast ever and podcasting’s first breakout hit. It’s the first ever podcast to win a Peabody Award. Adnan Syed was convicted of killing his girlfriend in 1999, has been serving a life sentence. His legal team argues prosecutors failed to interview an alibi witness and that his lawyer failed to inquire about a possible plea deal. The Serial podcast provided an in-depth look at the case and explored potential flaws with both the prosecution and with Syed’s defense. In February, the Maryland court of special appeals agreed to hear arguments about why Adnan should get a new trial. He is now seeking a new trial based on the contention he had ineffective counsel. You were his bail hearing attorney. Can you talk about the significance of the court’s ruling and what will happen in June?
DOUG COLBERT: Yes, Chris Flohr and I represented Mr. Syed for the first 30, 35 days after his arrest. And we represented him at a two bail hearing. The purpose of ordering his release would have made a tremendous difference, in my opinion, at the trial itself. And had the judge accepted the fact that there were 60 to 70 people from his community who were in court to vouch for his credibility and his appearance in the future —
AMY GOODMAN: Doug, we just have 20 seconds.
DOUG COLBERT: So what we’re looking at is a prosecution using Adnan’s race, nationality, and religion as a reason to keep him in jail. And those are impermissible factors that I only wish had been disregarded by the court.
AMY GOODMAN: Oral arguments June ninth in this case, in the case of Adnan Syed. Doug Colbert I want to thank you
DOUG COLBERT: I think it will be delayed though Amy.
AMY GOODMAN: It will? Delayed until when?
DOUG COLBERT: Well, the state has asked for additional time. We’ll see. Right now it is still scheduled for June 9, but there may be a postponement.
AMY GOODMAN: Doug Colbert, Professor of Law the University of Maryland and School of Law. He’s also director of the Access to Justice Pretrial Clinic and Founder of Lawyers at Bail Project.
The European Union is expected to ask the United Nations Security Council today to permit military action against human traffickers operating out of Libya. The U.N. estimates more than 60,000 people have already tried to cross the Mediterranean from Libya into Europe this year. Over 1,800 migrants have died in the attempt, 20 times more than the same period last year. Meanwhile, the European Commission is due to make a proposal that member countries take in refugees under an E.U. quota system. The European Commission’s migration policy will also propose organizing legal means for migrants to come to Europe so they don’t turn to traffickers. This comes as a new report by Amnesty International reveals how migrants are forced to flee Libya because of "horrific abuse." The report is based on interviews with refugees and migrants across Libya who face "rape, torture and abductions for ransom by traffickers and smugglers, as well as systematic exploitation by their employers, religious persecution and other abuses by armed groups and criminal gangs." We are joined by the report’s author, Magda Mughrabi, Libya Researcher at Amnesty International.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: Today the European Union is expected to ask the United Nations Security Council to permit military action against human traffickers operating out of Libya. The U.N. estimates more than 60,000 people have already tried to cross the Mediterranean from Libya into Europe this year. Over 1800 migrants have died in the attempt, 20 times more than the same period last year. Britain is drafting the resolution that would authorize the mission and today the EU’s Chief Foreign and Security Policy Coordinator Federica Mogherini will brief the Security Council on plans for a Chapter Seven resolution authorizing the use of force. Meanwhile, the European Commission is due to make a proposal that member countries take in refugees under an EU quota system. The European Commission’s migration policy will also propose organizing legal means for migrants to come to Europe so they don’t turn to traffickers. This policy is expected to be announced Wednesday. Germany is one of the main country’s backing quotas. This is German Chancellor Angela Merkel.
CHANCELLOR ANGELA MERKEL: There are countries which are interested in taking in refugees and which find it right. Germany is among them and so is Italy, France, Greece, Sweden, and Malta. So there’s a large group of countries and then there are other countries which may be don’t see this necessity as urgently. They are arguing for voluntary basis. But I’m convinced that it will become clear that especially with the countries confronted with refugees from the Mediterranean, that there will be no alternative to European solidarity to get to a solution.
AMY GOODMAN: This comes as a report released today by Amnesty International reveals how migrants are forced to flee Libya because of "horrific abuse." The report is based on interviews with refugees and migrants across Libya who face "rape, torture and abductions for ransom by traffickers and smugglers, as well as systematic exploitation by their employers, religious persecution and other abuses by armed groups and criminal gangs." It also finds conditions in Libya migrant detention centers inhumane. As one of the Syrian families interviewed said, "We were facing death in Libya, so we thought we might as well face death in trying to get to Italy." Well, for more, we go to London to speak with the author of the amnesty report titled, "Libya is full of cruelty: Stories of abduction, sexual violence and abuse from migrants and refugees." Magda Mughrabi is a Libya Researcher at Amnesty International. Magda, welcome to Democracy Now! Talk about what you have found.
MAGDA MUGHRABI: Good morning. Well, indeed, the 70 interviews that we have conducted with refugees and migrants from all over sub-Saharan Africa, from countries like Nigeria but also — or Ghambia or Ghana, people who come to Libya in order to find better job opportunities or indeed those fleeing conflict and persecution in their countries, and their countries of origin like Somalia, Sudan Eritrea and Syrians as well is that these people face widespread abuses at every single stage of their stay in Libya or along the smuggling routes while trying to get into Libya to then seek a better life. For the past few years, it was to find better opportunities in Libya. But now as the conflicts — the several interconnected armed conflicts that are taking place in Libya continue and that the country descends into further lawlessness, they find themselves more and more at risk of abuse so then they decide to put their lives in the hands of smugglers and then continue their journey to Europe in order to find safety there. So the cases that we have documented include, for instance, smugglers keeping groups of migrants and refugees in the deserts for several days up to a month in certain cases where they are not given sufficient quantities of food, not given sufficient quantities of water, forced to sleep outside under — without a blanket and a mattress. All of this in order to coerce them and their families into paying a ransom. We have cases where women, for instance, were subjected to sexual violence by the smugglers or coerced into sex in order to be able to continue their journey. So that is kind of the welcome to Libya, if you will. Then along the smuggling route, once they get into major transit hubs along the way and the different migration routes, they may be handed over to criminal — organized criminal groups which appear to be transnational in nature, where again, they can be held for days or up to six months in some cases where they are in order to coerce their families into paying a ransom.
AMY GOODMAN: Tell where —
MAGDA MUGHRABI: During this time it’s again —
AMY GOODMAN: Where did they come from? Magda, where did they come from and why are they going to Libya?
MAGDA MUGHRABI: So as I said, they come from a variety of countries in West Africa, say, from Senegal, from Côte d’Ivoire, from Mali, from Nigeria, from Ghambia, but also the Horn of Africa as well, Somalia, Eritrea, Sudan as well as Syria in some cases. And so every migrant — or refugee — has a different story. In some cases, it is really in order to — for the past few years, there have been, for many, many years even under Qadaffi, Libya was reliant upon migrant workers. Some of them fled during the 2011 conflict. Some of them stayed. Others came back when things appeared to be on track with the first legislative elections and there was a form of calm in 2012. But others — and then these people are now leaving. But then there are others that are coming from countries which are conflict ridden where they face persecution such as Eritrea, for instance or — as well as Syria where they do not have any — without, you know, neighboring countries to Syria able to absorb such a huge number of refugees, they’re hoping to apply for asylum in Europe and therefore, they do come to Libya. They used to fly into Algeria and then be smuggled from Algeria into Libya, sometimes via Tunisia, to then board board the boats. In some cases, these Syrians have also been there for a number of years. So it’s both established migrant communities and new communities that are using Libya as a transit point in order to seek safety or better opportunities in Europe.
AMY GOODMAN: So Magda Mughrabi, the European Union is expected to ask the United Nations Security Council to permit military action against human traffickers operating out of Libya. What would this mean? Are you concerned about this?
MAGDA MUGHRABI: Yes, I mean, the proposed plans are very concerning as they were outlined in the European Council’s statement April 23. One of the measures proposed by the European Union is to take systematic action — or to systematically capture, destroy — identify, capture, destroy vessels before they are used by smugglers. This is concerning for number of reasons. For one, military action appears to be disproportionate for law enforcement issues. I mean tackling smuggling, which is, in some cases, involved in criminal activities should be done through law-enforcement rather than the use of force. It could be — it is unclear at this stage how the European Union or countries taking part in any such proposed action would differentiate between fishing boats and smugglers’ boats, and any boat could be really used and targeted against that in such a policy. And it fails, also, to distinguish between smugglers and traffickers, which our understanding is, whereas people, migrants and refugees, are abused and trafficked in some cases as I’ve explained, especially along the migration routes running from the South to the North, in the vast majority of cases that we have documented, the smuggling — they depart or they use the boats by smugglers after having paid them. While they may be trafficked in some cases, in the majority of cases, it is a consensual agreement, it is consensual. And it’s true that smugglers do expose people to the risk — to risks at sea by overcrowding these boats, by not providing lifejackets and so on, and so it results in major tragedies like the tragedy that we saw a couple of weeks back.
But that being said, also them at the moment with neighboring countries having closed their borders and imposed more stringent visa requirements or travel requirements for third country nationals, for migrants and refugees, people that do not have passports because they were confiscated by them either in immigration detention centers in Libya or stolen from them by criminal groups or, you know, militias, they do not meet the visa requirements and they can’t flee Libya through land borders so they do effectively have the only — their only way out is really by boat. So capturing or destroying these boats before they are being used, I mean, that could be extremely concerning, and our call would be for any such action against smugglers to, a, be done through law-enforcement governed by human rights law and also not to lead to any — to migrants and refugees effectively being trapped in Libya by taking away from them one of the only means that they have to — or the only means for that matter to flee conflict in Libya.
AMY GOODMAN: On Sunday, a New York Times editorial urged against a military response to the migrant crisis, saying, "Military intervention would be a grave mistake. It could sabotage negotiations for a power-sharing deal between Libya’s warring factions, thus killing chances of a political solution to the chaos in Libya. It is, in fact, a cynical strategy, born of Europe’s panic over a tide of foreign migrants." Do you agree with this, Magda?
MAGDA MUGHRABI: I mean, yes, as The New York Times has pointed out, there are the United Nation[s] currently sponsoring a political dialogue process between different warring factions. There are number of different tracks that are engaged. There was hope that, you know, there may be a political agreement. Libya’s conflict is extremely complicated. One needs to have that in mind. And Libyans are extremely wary of any foreign intervention, even those — the so-called internationally recognized — or the internationally recognized government based in Tobruk. So it could have a potential to derail that process. And our call would be to actually address human rights violations and Syria’s violations of international humanitarian law that are being perpetrated in Libya at this stage in the context of the current conflict through the political dialogue rather than the use of military force. So there is obviously that risk, and as I said, it is extremely concerning, these measures.
AMY GOODMAN: Magda Mughrabi, I want to thank you for being with us, Amnesty International’s Libya Researcher, main author of the report, "Libya is Full of Cruelty: Stories of Abduction, Sexual Violence and Abuse from Migrants and Refugees." This is Democracy Now! When we come back, we go to Baltimore. The police union, the attorneys for the police charged in the death of Freddie Gray are calling for the recusal or removal of the chief prosecutor, the state’s attorney for Baltimore. Stay with us.
Headlines:
Report: Obama Admin Lied About Tracking, Killing of Osama bin Laden
A new report says the Obama administration gave a false account of the hunting and killing of Osama bin Laden. Bin Laden was shot dead four years ago this month in a U.S. raid on his hideout in the Pakistani city of Abbottabad. The White House claimed at the time the U.S. operatives entered from Afghanistan without Pakistan’s knowledge. But investigative reporter Seymour Hersh says top Pakistani military leaders knew about the operation and provided key assistance. The U.S. also claimed it helped locate bin Laden by tracking his personal messenger. But Hersh reports a former Pakistani intelligence officer identified his whereabouts in return for the bulk of a $25 million U.S. bounty. Pakistani intelligence was reportedly aware of bin Laden’s location and held him "prisoner" at the Abbottabad compound since 2006. Hersh’s article also questions the U.S. account of bin Laden’s shooting, saying there was never a firefight inside the compound and that bin Laden himself wasn’t armed. A retired American official says U.S. claims of finding a trove of information from bin Laden’s computers and documents was a "hoax" to give the false impression he was still operationally important. Questions are also raised about whether bin Laden was actually buried at sea, as the U.S. claimed.
Saudi Arabia Intensifies Bombing Before Yemen Truce Begins
A five-day ceasefire is set begin in Yemen on Tuesday after Houthi rebels accepted a proposal from Saudi Arabia. The Saudi government offered the truce last week amid mounting criticism that its military campaign and blockade of Yemen has caused massive civilian suffering. Saudi Foreign Minister Adel al-Jubeir said the pause could be renewed if it lasts.
Saudi Foreign Minister Adel al-Jubeir: "We announced that we were looking at a five-day ceasefire in Yemen for humanitarian purposes in order to allow the flow of humanitarian assistance to Yemen. We have made a decision that the ceasefire will begin this Tuesday, May 12 at 11pm and will last for five days and is subject to renewal if it works out."
The Houthis say they hope the pause will lead to political talks under the guidance of the United Nations. The Saudi-led coalition has escalated air strikes before the truce takes effect, bombing the compound of the Houthi-allied former president Ali Abdullah Saleh in the capital Sana. The attack came just after the Saudi government declared the province of Saada a military zone and ordered all its residents to flee. In a statement, the UN’s humanitarian coordinator warned the threat to Saada could be "a contravention of international humanitarian law" that has "put countless civilians at risk."
Saudi’s King Salman to Skip Gulf Leaders’ Meeting with Obama
Saudi Arabia meanwhile has announced its new leader, King Salman, will skip a key meeting of Gulf nations hosted by President Obama this week. Obama had called the summit in a bid to address the concerns of Middle East allies over the proposed Iran nuclear deal. The White House had said King Salman would be attending. But in what is being described as a message of protest over the Iran talks, Saudi Arabia said Sunday it will send lower-level officials.
Justice Dept. Opens Probe of Baltimore Police; Indicted Cops Ask Prosecutor to Step Down from Case
The Justice Department has launched a probe of the Baltimore Police Department for a potential pattern of unconstitutional policing in the wake of the death of Freddie Gray. Attorney General Loretta Lynch announced the investigation.
Attorney General Loretta Lynch: "Today, the Department of Justice is opening an investigation into whether the Baltimore Police Department has engaged in a pattern or practice of violations of the Constitution or federal law. This investigation will begin immediately, and will focus on allegations that Baltimore Police Department officers use excessive force, including deadly force; conduct unlawful searches, seizures and arrests; and engage in discriminatory policing."
The Justice Department probe comes as attorneys for the six officers indicted over Freddie Gray’s death are challenging the role of Baltimore’s top prosecutor, Marilyn Mosby. On Friday, defense lawyers filed a motion demanding Mosby recuse herself because of alleged conflicts of interest and "egregious" violations. Mosby has rejected those calls and vowed to remain on the case.
U.S. Tells UN Panel it Must "Do Better" on Civil Rights in Wake of Police Killings
The U.S. has acknowledged to a United Nations panel it must do more to tackle police brutality and racism in the wake of a string of police killings of unarmed African-Americans. Speaking to the United Nations Human Rights Council today in Geneva, James Cadogan, an official in the justice department’s civil rights division, said the deaths of Freddie Gray, Eric Garner, Walter Scott and several others have "challenged us to do better and to work harder for progress." He added*: "We must rededicate ourselves to ensuring that our civil rights laws live up to their promise."
Obama Defends TPP from Progressive Critics Ahead of Key Senate Vote
The Senate is poised to hold a key procedural vote on a measure that would give President Obama fast-track authority to negotiate the Transpacific Partnership, or TPP. The 12-nation pact would encompass 40 percent of the global economy and is being negotiated in secret. Critics say the deal would hurt workers, undermine regulations and expand corporate power. Speaking to Yahoo News, President Obama rejected Democratic criticism of the TPP, including a warning from Senator Elizabeth Warren that it could roll back financial regulations.
President Obama: "Think about the logic of that. The notion that I had this massive fight with Wall Street to make sure that we don’t repeat what happened in 2007 and 2008. And then I sign a provision that would unravel it? I’d have to be pretty stupid. And it doesn’t make any sense… Elizabeth is, you know, a politician like everybody else. She’s got a voice that she wants to get out there. And I understand that. And on most issues, she and I deeply agree. On this one, though, her arguments don’t stand the test of fact and scrutiny."
In her criticism, Warren singled out the proposed investor-state dispute settlement, or ISDS. The process would allow foreign corporations to challenge countries’ key regulations before an international tribunal. If Obama is granted fast-track authority, Congress would be able to accept or reject the TPP but not make any changes.
Ebola Outbreak Declared No More in Liberia After Weeks Without New Case
The Ebola outbreak in Liberia has officially been declared over. The World Health Organization says Liberia has gone 42 days without a new Ebola case, the threshold for deeming the outbreak at an end. More than 4,700 people were killed in Liberia, the most of any country. Some three to four hundred new cases were being reported each week during the outbreak’s peak last year. The two other worst hit countries, Guinea and Sierra Leone, continue to report new cases, but at their lowest levels this year so far.
Rival Militias Strike Peace Deal in Central African Republic
Rival militias in the Central African Republic have reached a peace deal with the government after two years of fighting. The country has faced a crisis since March 2013 when Muslim Séléka rebels seized power, sparking a backlash from Christian armed groups. Thousands have died and nearly a million have been displaced. The peace accord calls on the 10 main militias to disarm, integrate into the army, and potentially face charges of war crimes.
Report: Obama to Delay Keystone XL Pipeline
President Obama was greeted with protests against the proposed Keystone XL pipeline on Friday during a visit to South Dakota. A member of the Cowboy and Indian Alliance said activists were heeding Obama’s call on Americans to engage in politics.
Aldo Seoane: "I think it’s us enforcing our rights, our freedom of speech to be able to address the president. he actually made a statement encouraging people to seek change, and to address it head on."
Obama has delayed a final decision on the Keystone XL multiple times during his presidency. There are now reports he will wait until after Canada’s federal election in October so as not to be seen as interfering in Canadian politics. Canadian Prime Minister Stephen Harper has urged Obama to approve the pipeline.
Snowden Docs Show U.S. Deemed Top Al Jazeera Reporter a Member of Al Qaeda
Leaked documents from Edward Snowden show the U.S. government labeled an Al Jazeera journalist a member of Al Qaeda. According to the Intercept, Ahmad Muaffaq Zaidan was put on a watch list of suspected terrorists in 2012. Zaidan has spent years reporting on al Qaeda and the Taliban, and has interviewed several top figures including Osama bin Laden. In a statement, Zaidan dismissed the U.S. claims, saying*: "To assert that myself, or any journalist, has any affiliation with any group on account of their contact book, phone call logs, or sources is an absurd distortion of the truth and a complete violation of the profession of journalism.”
4 Arrested in Fatal Shooting of Mississippi Officers
Four people have been arrested in Mississippi for the murder of two police officers. The victims were shot dead during a traffic stop on Saturday. Two of the suspects are charged with capital murder.
Storms Cause Death, Damage in Midwest, South
Extreme weather has brought tornadoes and severe thunderstorms to several U.S. states. At least two people have been killed in a storm in Arkansas, while more than two dozen have been wounded in the Texas town of Van. Tornadoes also hit parts of South Dakota, Colorado, Nebraska, Kansas and Oklahoma over the weekend.
Bill Clinton Admits 1994 Crime Bill Helped Fuel Mass Incarceration
Former President Bill Clinton has acknowledged polices under his watch have led to over-incarceration. Speaking to CNN, Clinton admitted faults with his 1994 crime bill, which imposed harsher sentences for drug offenses and expanded the number of prisons and police.
Bill Clinton: "The problem is, the way it was written and implemented, we cast too wide a net, we have too many people in prison. And we wound up putting so many people in prison that there wasn’t enough money left to educate them, train them for new jobs, and increase the chances when they came out so they could live productive lives. I strongly support what [Hillary Clinton] is doing, and I think any policy that was adopted when I was president in federal law that contributed to it should be changed."
Bill Clinton’s comments come after Hillary Clinton criticized mass incarceration and called for drug sentencing reform in a speech last month, her first major address since announcing her presidential campaign.
Cuomo Orders Emergency Protection of NY Salon Workers after Expose on Exploitation, Health Risks
And New York Governor Andrew Cuomo has ordered emergency measures to protect workers in the state’s nail salons, following a New York Times expose on the widespread exploitation of manicurists, many of whom have developed illnesses linked to chemicals in nail products. The Times investigation found manicurists in New York routinely work without wages or are forced to pay fees in order to work, toiling for shifts of 10 to 12 hours a day, six or seven days a week, for far below the minimum wage. They suffer from miscarriages, cancer, and respiratory and skin ailments. In response to the report, Governor Cuomo announced a new task force to investigate nail salons, institute new rules to protect workers from chemicals and educate workers about their rights.
Follow
WORK WITH DN!
Social Media Producer
WEB EXCLUSIVE
COLUMN
“What do you hope to accomplish with this protest,” I asked a 13-year-old girl marching in Staten Island, N.Y., last August, protesting the police killing of Eric Garner.
“To live until I’m 18,” the young teen, named Aniya, replied. Could that possibly be the American dream today?
Aniya went on: “You want to get older. You want to experience life. You don’t want to die in a matter of seconds because of cops.” It’s that sentiment that has fueled the Black Lives Matter movement across the country.
Most recently, a week of protest in Baltimore was largely quelled when a remarkable prosecutor announced that six police officers would be charged in the death of Freddie Gray. Marilyn Mosby, the 35-year-old state’s attorney for the city of Baltimore, is the youngest lead prosecutor in any major U.S. city. Just 100 days into office, she made national headlines on Friday, May 1, with the stunning announcement that the officers would face various charges, from assault to second-degree murder.
According to police reports, Baltimore Police Lt. Brian Rice was on bicycle patrol on the morning of April 12 when he made eye contact with Freddie Gray, who then ran. Rice pursued Gray, joined by officers Garrett Miller and Edward Nero. A bystander videotaped Gray screaming in pain as he was dragged into a patrol wagon. Though he asked for medical help repeatedly, none was given. He soon became unresponsive. Other police involved in his arrest and transport did nothing either. His family reported that his spinal cord was 80 percent severed, and his voice box crushed. After a week in a coma, he died.
Gene Ryan, president of Baltimore’s police union, the Fraternal Order of Police (FOP) Lodge No. 3, said, shockingly, “The images seen on television look and sound much like a lynch mob.” These words are unfathomable, uttered by a white man describing African-Americans protesting the death of another African-American man whose neck was broken while in police custody. Then, at the same press conference, Michael Davey, the FOP attorney spoke up, defending the police for chasing Gray: “If you are in a high-crime area, and you flee from the police unprovoked, the police have the legal ability to pursue you.” So Freddie Gray was arrested for running while black?
The outcry has been consistent and growing, after each high-profile police killing of people of color. Eric Garner’s death by police chokehold on July 17, 2014, went unpunished. The district attorney for Staten Island, Daniel Donovan Jr., declined to press charges against any of the officers. Donovan, a Republican, was rewarded this week, winning a seat in Congress representing Staten Island, replacing Rep. Michael Grimm, who resigned in disgrace after being indicted for multimillion-dollar tax evasion. (Grimm also notoriously physically threatened a reporter on live television after the reporter asked him about the charges. Grimm told the reporter: “I’ll break you in half. Like a boy.”)
Back in Baltimore, many people heaved a sigh of relief after prosecutor Marilyn Mosby announced that she had filed charges against the six police officers. “I come from five generations of law enforcement,” she said. “My father was an officer. My mother was an officer, several of my aunts and uncles. My recently departed and beloved grandfather was one of the founding members of the first black police organization in Massachusetts.”
Marilyn Mosby went on: “To those that are angry, hurt or have their own experiences of injustice at the hands of police officers, I urge you to channel the energy peacefully as we prosecute this case. I have heard your calls for ‘no justice, no peace’; however, your peace is sincerely needed, as I work to deliver justice on behalf of Freddie Gray.”
She closed with what is certainly unique in the annals of prosecutorial oration: “Last, but certainly not least, to the youth of this city, I will seek justice on your behalf. This is your moment. Let’s ensure that we have peaceful and productive rallies that will develop structural and systemic changes for generations to come. You’re at the forefront of this cause. And as young people, our time is now.”
With determination like this, demanding accountability for all, maybe Aniya will get her wish: to celebrate her 18th birthday, and many, many more.
Denis Moynihan contributed research to this column.
Amy Goodman is the host of “Democracy Now!,” a daily international TV/radionews hour airing on more than 1,200 stations in North America. She is the co-author of “The Silenced Majority,” a New York Times best-seller.
(c) 2015 Amy Goodman
Distributed by King Features Syndicate
207 West 25th Street, 11th Floor
New York, New York 10001 United States
_____________________________
_____________________________
No comments:
Post a Comment