Category: Crime

  • By Katie Todd, RNZ News reporter

    An Australian criminologist who deemed the New Zealand shopping mall attacker “low risk” in 2018 believes there were missed opportunities to steer him away from violent extremism.

    Ahamed Samsudeen was described as a high risk to the community when he was sentenced in July for possessing Islamic State propaganda — with the means and motivation to commit violent acts.

    However, three years earlier, Australian National University criminologist Dr Clarke Jones told the High Court Ahamed did not appear to be violent and did not fit the profile of a young Muslim person who had been radicalised.

    At the time Dr Jones suggested “a carefully designed, culturally sensitive and closely supervised intervention programme in the Auckland Muslim community”.

    Now, he said, it was unclear how much rehabilitation actually took place.

    “People can change, sometimes quickly, sometimes over a longer period of time. But back in 2018, we didn’t think that he was violent,” he explained.

    At the time Samsudeen appeared to feel marginalised and disconnected, Dr Clarke said, like he couldn’t “get his foot up” in society.

    ‘Rigid life views’
    “Some of the material he was reading was of concern and he had fairly rigid views around religion and around life in general. But he’d also had some experience in difficult times and was, I would argue, deeply depressed.”

    On Friday, Samsudeen walked into a Countdown supermarket in LynnMall, picked up a knife and stabbed at least shoppers, leaving some of them critically injured, before he was shot dead by tactical force police tailing him.

    Ahamed Aathill Mohamed Samsudeen
    Ahamed Aathill Mohamed Samsudeen as identified in New Zealand news media. Image: TVNZ screenshot APR

    In the High Court in July, Samsudeen had admitted two charges of using a document for pecuniary advantage, two charges of knowingly distributing restricted material and one charge of failing to assist the police in their exercise of a search power.

    Another expert was consulted — forensic psychiatrist Dr Jeremy Skipworth — who echoed Dr Clarke’ concerns.

    “Dr Skipworth said that any form of home detention would tend to further exacerbate your mental health concerns, and that your successful community reintegration is likely to be assisted by cornerstones, such as stable housing, personal support, appropriate employment and medical care,” reads Justice Wylie’s sentencing notes.

    Justice Wylie imposed a sentence of supervision, with special conditions, including a psychological assessment and a rehabilitation programme with a service called Just Community.

    Dr Jones said he really would like to know more about what support Samsudeen was actually given in Corrections.

    ‘Was he responsive?’
    “Was he responsive to that treatment, if he was receiving any treatment at all, or was the focus more on on the security side and the monitoring and the surveillance?”

    Asked if the terrorist had enough support to “get better”, Deputy Prime Minister Grant Robertson said there had been attempts to change the man’s mind — and none of them were successful.

    But in a family statement released after the attack, Samsudeen’s brother said he sometimes listened.

    “He would hang up the phone on us when we told him to forget about all of the issues he was obsessed with. Then he would call us back again himself when he realised he was wrong.

    “Aathil was wrong again [on Friday]. Of course we feel very sad that he could not be saved. The prisons and the situation was hard on him and he did not have any support. He told us he was assaulted there.”

    Dr Clarke said, “I would say that we haven’t got the balance right. In this case there was too much focus on the counter-terrorism or counter violent extremism narrative, rather than actually getting to the core of what was wrong with Mr Samsudeen.”

    “We can always improve the way we do things to have have greater preventative sort of mechanisms within government, police and communities.”

    Dr Clarke said what happened in LynnMall was a tragedy and a terrible situation.

    This article is republished under a community partnership agreement with RNZ.

    This post was originally published on Asia Pacific Report.

  • The mother of Auckland’s LynnMall shopping mall terror attacker in New Zealand says he was brainwashed by neighbours from the Middle East.

    Ahamed Aathill Mohamed Samsudeen, a 32-year-old refugee originally from Sri Lanka, was shot dead by undercover police after stabbing six people inside Countdown in LynnMall on Friday.

    His mother, Ismail Fareeda, has told a television channel in Sri Lanka that neighbours from Syria and Iraq radicalised Aathil Samsudeen when he was injured in a fall in Sri Lanka in 2016.

    She said her son then started posting radical views on social media.

    Fareeda said there was a change in her son after he had left Sri Lanka and settled in New Zealand in 2011.

    She said her two other sons had reprimanded the 32-year-old over his radical views.

    ‘Heartbroken by this terrible act’
    In a statement released via a lawyer and credited to Samsudeen’s brother, Aroos, his whānau said they were “heartbroken by this terrible act” and they wanted to send love and support to those who were hurt.

    The statement said Samsudeen, who arrived in New Zealand in 2011 on a student visa, suffered from “political torture” and his mental health steadily declined over the years.

    Samsudeen spent a lot of time on social media, it said.

    “We saw his mental health got worse and worse during the last 10 years or so. He spent a lot of his time in prison and was always struggling with some court cases. When we heard that he was in prison in New Zealand, we thought it would do him some good but didn’t realise he would spend so much time there. He also had many problems in prison.”

    Members of the wider family visited New Zealand in 2013.

    “We love your country and your people and we know from what we have seen since the Christchurch attack that you are good people. We want to stand with you. We have lost Aathil. We don’t know what to do while our father is still very ill and doesn’t know about this situation.

    Sri Lankan government collaboration
    The Sri Lankan government was promising to work with New Zealand authorities over the supermarket stabbings, AFP reported.

    It had been investigating whether Samsudeen was linked to the bombings in Colombo on Easter Sunday 2019, which killed 279 people in attacks on three churches and three hotels.

    The bombings were blamed on a group that pledged allegiance to the then Islamic State leader Abu Bakr al-Baghdadi.

    A spokesperson for Sri Lanka’s foreign ministry said the government there condemned the senseless violence of the west Auckland attack and would cooperate with the New Zealand authorities in any way necessary.

    This article is republished under a community partnership agreement with RNZ.

    This post was originally published on Asia Pacific Report.

  • By Sarah Robson, RNZ News Reporter

    Name suppression for the man responsible for yesterday’s New Zealand terror attack at a west Auckland supermarket has been revoked, but his name cannot be published yet.

    The High Court has given his family who live overseas at least 24 hours to seek further suppression orders.

    The Sri Lankan national was shot dead by police after stabbing six people inside Countdown in LynnMall.

    Suppression orders prevented details about his identity and background from being made public.

    The government filed an urgent application last night to have the court orders lifted, so details about the man’s identity and background could be made public.

    In a judgment last night, Justice Wylie said there was no longer any proper basis for the suppression orders.

    But he said the man’s family live overseas and lawyers needed time to contact them to take instructions.

    He said he could consider extending the 24-hour period if needed.

    Isis propaganda
    However, it can be revealed the man was sentenced in July to one year of supervision after he was found guilty by a jury in the High Court at Auckland of two charges of possessing Isis propaganda that promoted terrorism.

    He was found guilty of another charge of failing to comply with a search, but he was acquitted of a third charge of possession of objectionable material and a charge of possessing a knife in a public place.

    Al Jazeera reporting of the New Zealand supermarket stabbing
    Al Jazeera reporting of the New Zealand supermarket stabbing. Image: AJ screenshot APR

    The state had sought to charge him under the Terrorism Suppression Act, but failed after a High Court judge ruled that planning a terror attack was not an offence under the law.

    Because he had already spent three years in custody awaiting trial, he did not receive a further prison term for his offending.

    Despite that, Prime Minister Jacinda Ardern said he had been under surveillance since 2016, because of his support for a violent ideology inspired by Islamic State.

    The man was being so closely monitored by a surveillance and tactical team that police shot him within 60 seconds of the attack starting.

    On the radar of authorities
    He arrived in New Zealand in October 2011.

    He first came to the attention of authorities in 2016, when police formally warned him about posting anti-Western, pro-Isis, extremist content on the internet.

    The man had also at some point told a worshipper at an Auckland mosque that he wanted to go to Syria to fight for Isis.

    In a July 2020 judgment, Justice Downs said in May 2017, he had booked a one-way flight to Singapore but was arrested at Auckland Airport.

    When police searched his apartment, they found a large hunting knife under the mattress on the floor and secure digital cards containing fundamentalist material, including propaganda videos and photos of the man posing with a firearm.

    He was remanded in custody and in June 2018, he pleaded guilty to distributing restricted publications. In August 2018, he was sentenced to supervision, Justice Downs’ 2020 judgment said.

    But the day after his sentencing, he went and bought the same model of hunting knife that police had earlier found under his mattress.

    Arrested again
    He was arrested again and another search found a large he had a large amount of violent Isis material, including one video about how to kill “non-Muslims”.

    This time, the state sought to charge the man under the Terrorism Suppression Act, for planning a terrorist act.

    But Justice Downs said that in itself was not an offence under the law.

    In his decision, Justice Downs said: “Terrorism is a great evil. ‘Lone wolf’ terrorist attacks with knives and other makeshift weapons, such as cars or trucks, are far from unheard of.

    “Recent events in Christchurch demonstrate New Zealand should not be complacent. Some among us are prepared to use lethal violence for ideological, political or religious causes.

    “The absence of an offence of planning or preparing a terrorist act … could be an Achilles heel.”

    Justice Downs said it was not for the courts to create such an offence.

    “The issue is for Parliament,” he said.

    A copy of Justice Downs’ judgment was provided to the Attorney-General, the Solicitor-General and the Law Commission.

    High Court trial
    The man finally stood trial in the High Court at Auckland in May this year, on lesser charges.

    A jury found him guilty of two charges of possessing Isis propaganda that promoted terrorism and one charge of failing to comply with a search.

    He was acquitted of a third charge of possessing objectionable material and a charge of possessing a knife in a public place.

    The man was sentenced in July.

    In her sentencing notes, Justice Fitzgerald said the two publications on which he was found guilty were “nasheeds” – religious hymns.

    Both were classified by the Censor as objectionable and contained Isis imagery and lyrics.

    Justice Fitzgerald did not accept the explanation that he was listening to them to improve his Arabic language skills.

    “Rather, I accept that the broader context to your possession of these nasheeds, which included a range of other materials relating to Isis or Isil, suggests that you have an operative interest in Isis.

    “In other words, I do not accept that you might have simply stumbled across these and other Isis-related materials in your research of Islam or the historic Islamic State,” she said.

    Report raised further flags
    A pre-sentencing report raised further flags.

    “The report writer suggests that you support the goals and methods of Isis,” Justice Fitzgerald said.

    “The report writer concludes that the risk of you reoffending in a similar way to the present charges is high.

    “It suggests that you have the means and motivation to commit violent acts in the community and, despite not having violently offended to date, as posing a very high risk of harm to others.”

    Given he had already spent three years in custody awaiting trial, the man was sentenced to one-year supervision.

    There were restrictions on his use of electronic devices, the internet and social media.

    “The Police and Community Corrections clearly have concerns that you pose a not insignificant risk to the broader community,” Justice Fitzgerald said in her sentencing notes.

    “I do not know whether those concerns are right and I sincerely hope that they are not, though having regard to all of the materials available to the court, I can say that they are not wholly fanciful.”

    This article is republished under a community partnership agreement with RNZ.

    This post was originally published on Asia Pacific Report.

  • Via In Question: Former businesswoman Elizabeth Holmes is accused of securities fraud in a high-profile case wherein her defense involves claims of abusive control at the hands of a colleague and co-defendant which she alleges removed her capacity to make decisions. Attorney Michael Bixby weighs in on the unusual defense and other aspects of the case as well […]

    The post Theranos Blood Testing Founder Faces 20 Years In Prison Over Multi-Million Dollar Fraud Scheme appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  • An SIT was formed on June 25 to investigate the matter just days after TMC MP Mimi Chakraborty was allegedly given fake vaccination

    This post was originally published on The Asian Age | Home.

  • On August 23 around 3 pm, the father was informed by his landlord that his daughter has died

    This post was originally published on The Asian Age | Home.

  • Via America’s Lawyer: More information emerged last week in the Matt Gaetz scandal with new evidence directly implicating the congressmen in potential criminal activity. Mike Papantonio and Farron Cousins discuss more. Plus, RT correspondent Brigida Santos joins Mike Papantonio to explain how the Supreme Court is backing away from ruling on COVID-19 vaccination requirements. Transcript: *This transcript was generated by a third-party transcription software company, […]

    The post GreenBerg Providing FBI With Intel To Take Down Matt Gaetz & Justice Barrett Upholds Vaccine Mandate appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  • The woman informed the police about the incident on Monday after which an FIR was lodged and all the three accused were arrested

    This post was originally published on The Asian Age | Home.

  • Via The News with Rick Sanchez: Mexico is suing 10 US gun manufacturers in Massachusetts federal court. The suit alleges that these companies wantonly profit by fatal gun violence in the country by knowingly arming the drug cartels that plague the country. Legal correspondent Mollye Barrows explains.

    The post Mexico Sues Major US Gun Manufacturers For Supplying Weapons To Cartels appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  • Via America’s Lawyer: More information emerged last week in the Matt Gaetz scandal with new evidence directly implicating the congressmen in potential criminal activity. Mike Papantonio and Farron Cousins discuss more. Transcript: *This transcript was generated by a third-party transcription software company, so please excuse any typos. Mike Papantonio:             More information emerged last week in the Matt Gaetz scandal with new evidence […]

    The post Greenberg Releases MORE Damaging Evidence Against Matt Gaetz In Sex Trafficking Scandal appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  • Via America’s Lawyer: A program used by police officers to detect gunshots has a fatal flaw causing innocent people to be thrown behind bars. Mike Papantonio and Farron Cousins discuss more. Also, the weight loss pill, Belviq, pulled from the shelves by the FDA due to an increased risk of cancer. Now other side effects are coming to light as patients […]

    The post Gunshot Detection Data Altered By Police & Weight Loss Pill Belviq Recalled Over Cancer Risk appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  • RNZ Pacific

    The Tongan legislature is now considering the Illicit Drugs Control (Amendment) Bill 2021, which was introduced as a private members’ bill by the Speaker, Lord Fakafanua.

    He wants a mandatory death sentence for offenders who traffic 5 kilograms or more of a Class A drug.

    Matangi Tonga reported Fakafanua as saying “drugs offences are on the rise and at a very alarming rate in Tonga”.

    He said 12 percent of the prison population were illicit drug offenders, while they made up half the admissions to the psychiatric ward.

    Fakafanua also said most reoffended.

    Several other pieces of legislation aimed at getting on top of Tonga’s drug problem, were now before Parliament.

    They include the Intoxicating Substances Bill 2021 and the Therapeutic Goods (Amendment) Bill 2021.

    The Illicit Drugs Control (Amendment) Bill 2021 proposes:

    Tonga is one of just two Pacific states — the other being Papua New Guinea — that still has the death penalty on its books.

    But it has not used it in 40 years.

    This article is republished under a community partnership agreement with RNZ.

     

     

    This post was originally published on Asia Pacific Report.

  • Law schools should have courses on the expanding immunities of government and corporate officials from criminal prosecution and punishment. Guest lecturers, speaking from their experience, could be Donald J. Trump, George W. Bush (criminal destruction of Iraq), Florida Governor Ron DeSantis, Texas Governor Greg Abbott, the Sackler Family of opioid infamy, and the top officials at Boeing, led by its CEO Dennis Muilenburg, for the 346 homicides in their deadly 737 MAX aircraft.

    They should all be charged in varying degrees with manslaughter. Note how the definition fits the facts on the ground:

    Reckless homicide is a crime in which the perpetrators were aware that their act (or failure to act when there is a legal duty to act) creates significant risk of death or grievous bodily harm in the victim, but ignores the risk and continues to act (or fail to act), and a human death results.

    Trump violated willfully and repeatedly so many laws, including obstruction of justice, that it would take a large well-staffed special prosecutor’s office to handle his offenses. (Biden’s Attorney General, Merrick Garland, has decided to immunize Trump by doing nothing). (See, Letter to Attorney General Merrick Garland, June 17, 2021).

    War criminal George W. Bush violated the Constitution by invading Iraq without a Congressional declaration of war, lying about Iraq having weapons of mass destruction, killing over one million Iraqis, in addition to causing injuries, sicknesses, and devastation of critical public infrastructure. During this process of torture and mayhem, Bush violated federal statutes, international treaties, and returned to Texas immunized in fact, though not in law. He and former Vice President Dick Cheney could still be prosecuted.

    New York lawyer and former homicide prosecutor in the Manhattan District Attorney’s Office, Robert C. Gottlieb, called for the prosecution of Trump over willful, disastrous actions and inactions concerning the Covid-19 pandemic, under the presidential duties to act, which led to many tens of thousands of preventable losses of life. Trump began dismissing the dangers of the fast multiplying virus as soon as it entered the U.S. from China.

    Gottlieb gives examples of when the average citizen could not be able to escape criminal prosecution, citing the conviction of the owner (and two others) of a New York City residential and commercial building of homicide. Reckless drivers resulting in the deaths of innocents are often convicted of manslaughter and jailed.

    Governor Ron DeSantis, confronting overwhelmed hospitals, and 25,000 new Covid-19 cases just in one day, still is brazenly advocating the maskless, crowd-together-if-you-choose-behavior of ‘live free and die.’ Somehow, he got through Harvard Law School uneducated to become a perilous promoter of opposing mask mandates in schools and hospitals, opposing required vaccinations for hospital workers (though he favors vaccinations generally), and is described politely by contagious disease specialists as being “in a state of denial.” Gritting his teeth, DeSantis, a fervent Trump supplicant, says again and again, “People are going to be free to choose to make their own decisions.” What? Free to infect others with a lethal disease? Does he not know of past public health campaigns against tuberculosis, smallpox, and the 1919 influenza epidemic?

    Some Florida school districts, mandating masks to protect their children, have disregarded his ideological orders. Had DeSantis lost the last election, many more Floridians would be living today.

    The same situation exists under Texas Governor Greg Abbott. The Dallas, Houston, and Austin school districts are defying his homicidal executive order prohibiting mandates for masks by complying with CDC (Centers for Disease Control and Prevention) standards. The Dallas County officials sued Abbott, declaring that the governor’s ban violates Texas law.

    The headline in Wednesday’s New York Times tells the story: “Texas Hospitals Are Already Overloaded. Doctors Are ‘Frightened by What is Coming.’” The more contagious Delta variant has spread everywhere, to which Abbott replied, “We must rely on personal responsibility, not government mandates.” Has he spoken to the deadlier Delta variant lately about his delusions?

    When it comes to the crimes of large corporations and their bosses, immunity or impunity is what they expect. When, once in a while, they’re caught in the act, the company pays the dollar penalties and the company’s rulers and backers get off with no “personal responsibility.”

    In one of the biggest corporate marketing/promotional crimes – over 500,000 opioid deaths so far and accelerating, the Sackler’s company, Purdue Pharma, escaped into bankruptcy while the Sacklers escaped any criminal prosecution. As a part of the Purdue Pharma bankruptcy the Sacklers negotiated for personal immunity from further civil suits, and the wrongdoers only had to fork over $4.5 billion, (spread out over years no less!) of their immense fortune. Purdue Pharma pleaded guilty to three felony charges in 2020, but under the settlement with the Justice Department, the Sacklers agreed to pay $225 million but made no admissions of wrongdoing. I once recall a person stealing a donkey in Colorado going to jail for 15 years.

    Then there are the criminal Boeing bosses who committed the manslaughter of 346 passengers and crew members in Indonesia and Ethiopia. Boeing’s stealth cockpit software, not provided to the pilots, the airlines, and deceptively conveyed to the FAA, took away control of the two ascending 737 MAX planes from the pilots and drove the aircraft into the sea and ground in 2018 and 2019.

    The Trump Justice Department sweetheart-settled a criminal case against Boeing, with the prosecutor subsequently quitting and joining Kirkland & Ellis, the law firm for Boeing. There was no trial or jail for any Boeing bosses, just a modest $2.5 billion exaction, mostly going to the airlines and the government with the rest to the grieving families. The civil tort suits will come under Boeing’s insurance with the rest being mostly deductible against the few federal income taxes Boeing pays.

    Next time you hear any prominent person announce that “Nobody is above the law,” you can ask: “Really, with all the corporate and government lawbreaking we read about, tell us just how many of these big-time crooks are in orange suits serving time?”

    The post “Nobody is Above the Law” – Except the “Big Boys” first appeared on Dissident Voice.


    This content originally appeared on Dissident Voice and was authored by Ralph Nader.

    This post was originally published on Radio Free.

  • Asia Pacific Report newsdesk

    The Civil Society Alliance — which is made up of a number of organisations in Indonesia and Timor-Leste — is urging President Joko “Jokowi” Widodo to revoke the Bintang Jasa Utama (1st Class Star of Service) award for “civil bravery and courage” in times of adversity which was given to former East Timorese pro-integration militia leader Eurico Barros Gomes Guterres.

    “[We] urge President Joko Widodo to revoke the decision to give the Bintang Jasa Utama award to Eurico Guterres,” said Alliance representative Fatia Maulidiyanti, reports CNN Indonesia.

    Bestowing this award added futher to the injury felt by victims of gross human rights violations and was like reaffirming impunity, she said.

    “Today President Joko Widodo gave the Bintang Jasa Utama award to Eurico Guterres, which is like rubbing salt into the wounds of [his] victims.

    “Once again, the space is narrowing for efforts to resolve gross human rights violations which continues to suffer pressure and recession.”

    In 2002, Guterres was sentenced to 10 years in prison by the Ad Hoc Human Rights Court for East Timor. The decision was upheld in an appeal with the Supreme Court.

    Guterres was found guilty of crimes against humanity.

    Released early from jail
    However the deputy commander of the pro-Indonesia militia in East Timor was released following a judicial review in 2008.

    Maulidiyanti added that giving the award to Guterres was a serious betrayal of humanitarian values and morality and sidelines justice for the victims.

    The decision showed that the administration of Joko Widodo and Vice-President Ma’ruf Amin had lost any legitimacy as a government with good intentions, she said.

    “To cite the maxim of Immanuel Kant on the morality of the categorical imperative – that ‘actions must be based on moral goals which are objective’.

    “Meanwhile conferring this award clearly places the victims as just tools of power, not the goals let alone the raison d’etre of this government,” she said.

    She said that Widodo’s move clearly showed an authority which denied the experience, aspirations and advocacy efforts by civil society and the victims of human rights violations in realising the values of justice and efforts to prevent a repetition of such violations.

    “Giving an award to Eurico Guterres sets a bad precedent for the democratic process in Indonesia after emerging from the shackles of authoritarianism.

    Rooted in impunity
    “On the contrary, this award in fact proves how deeply rooted the practice of impunity is, especially after more than two decades of reformasi,“, said Maulidiyanti, referring to the political reform process that began in 1998.

    The Civil Society Alliance is made up of number of organisations, including the Commission for Missing Persons and Victims of Violence (Kontras), Indonesian Human Rights Watch (Imparsial), the Institute for Human Rights Studies and Advocacy (ELSAM), Asian Justice and Rights (AJAR) and the Indonesian Association of the Families of Missing Persons (IKOHI).

    Individual representatives include Roichatul Aswidah, Miryam Nainggolan, Sri Lestari Wahyuningroem and Uchikowati.

    Earlier, Widodo through Presidential Decrees Numbers 76, 77 and 78 TK/TH dated August 4, 2021, gave the Bintang Mahaputera (Star of Mahaputera), the Bintang Jasa Utama and the Bintang Budaya Parama Dharma (Cultural Merit Star) decorations to a number of figures.

    Aside from the Bintang Jasa Utama given to Guterres, who is the general chairperson of the Timor Aswa’in Union Congress (UNTAS) and the East Timor Fighters Communication Forum (FKPTT), Widodo also awarded the late former Supreme Court Justice Artidjo Alkostar and 325 healthcare workers with the Bintang Mahaputera Utama.

    The Palace itself has not yet responded to the accusations against Guterres.

    Australian human rights defender Patrick Walsh writes: “It is unthinkable that the President, once applauded for championing ordinary people, would not have been briefed on Guterres criminal record.

    “Is it also unlikely that Jakarta would not have cleared the award first with the authorities in Dili or ignored their protests?

    “What is this really all about? Why are victims and justice being treated so shabbily by Jokowi’s government for which such high hopes were once held?”

    Background
    Eurico Guterres is a former pro-integration militia leader recruited by the Indonesian military during East Timor’s bid for independence between 1999 and 2000.

    He was involved in several massacres in East Timor and was a chief militia leader during the post-independence killings and destruction of the capital Dili.

    Guterres was tried by the Ad Hoc Human Rights Court for East Timor for crimes against humanity on charges of murder and persecution along with 17 other defendants and subsequently sentenced to ten years imprisonment in November 2002, for which he was imprisoned in 2006 until 2008.

    On December 15, 2020, Guterres also received a National Defence Patriot medal and certificate from Defence Minister Prabowo Subianto.

    Translated by James Balowski for Indoleft News. The original title of the article was “Kasus HAM, Jokowi Didesak Cabut Bintang Jasa Eurico Guterres”.

    This post was originally published on Asia Pacific Report.

  • By Frank Rai in Port Moresby

    Papua New Guinea’s National Fraud and Anti Corruption Directorate is a “sleeping giant” resting beneath the hills of Konedobu along the Poreporena Freeway in the National Capital District.

    This police unit has all the potential sanctioned by an Act of Parliament to recoup and recover millions of kina in stolen assets for the state.

    NFACD detective Chief Superintendent Matthew Damaru told the PNG Post-Courier that the directorate had the powers under the Proceeds of Crimes Act 2005 — but the resources and expertise needed to exercise its powers were lacking.

    He said the Act allowed the state to sell stolen assets, including properties, land, and cash, and return it to the state through the Department of Finance in Consolidated Revenue annually.

    “In 2005, the National Parliament passed the Proceeds of Crime Act. That Act required a Financial Intelligent Unit which was established in 2006,” he said.

    “I was in charge at that time so I established the unit that was called FIU. FIU’s main purpose is to gather all financial intelligence from Commercial Banks on suspicious transactions.

    “Any transactions that are flagged by the banks as suspicious are referred to FIU for investigation and prosecution.”

    More law amendments
    Damaru said that in 2015 there were more amendments made to the Act and FIU transferred the function of supervising commercial banks to the Bank of PNG and this was later called the Financial Analysis and Supervision Unit (FASU).

    He said NFACD held onto the investigation part of the unit which was changed from FIU to Assets Recovery Unit (ARU).

    “We do investigations, mainly on proceeds of crime and when there are assets including properties purchased using stolen money, we go to Public Prosecutor’s office, we restrain those properties and charge the perpetrators,” he said.

    “When they are sentenced and jailed, those properties are forfeited to the state. We sell the properties, get the money and give it back to the state.

    “That is where the name is derived, basically to recover stolen monies used to purchase assets and properties,” Damaru said.

    He admitted that people had been charged with fraud, misappropriation, and corruption and sentenced to imprisonment but no assets had been recovered.

    “The perpetrators go to jail and when they return, their monies are still sitting in their accounts and properties still there. When they come back from serving their term in jail, life is back to normal.

    ‘Send culprits to streets’
    “But this legislation allows the government to recoup everything and send the culprits back to the streets and start anew if they plan to do business.”

    He said NFACD, Attorney-General, and the Sheriff’s Office were in the process of establishing trust accounts for the Proceeds of Crime Act to recoup money stolen from the state.

    “Now we are trying to finalise the PNG segment of the investigation. Everything is complete, is a matter of trying to complete the process in court. We also have to establish a trust account because the Proceeding Crime Act requests two trust accounts,” he added.

    He said the Department of Finance and Attorney-General were working to open the trust account, while the Sheriff’s Office had been appointed in the interim to sell the assets.

    Damaru said there were currently five properties — in Port Moresby, Wewak and Rabaul — to be sold and the money recouped handed back to the state.

    Frank Rai is a PNG Post-Courier journalist.

    This post was originally published on Asia Pacific Report.

  • Via America’s Lawyer: Police in one Florida county are trying to prevent crimes before they happen by using an algorithm to determine which citizens to spy on. Mike Papantonio and Farron Cousins discuss more. Also, new filings show there is not enough to go around when it comes to compensating those who lost everything in the Surfside condo collapse. Attorney Rachael Gilmer who […]

    The post FL Police Using Controversial Spying Program & Surfside Condo Victims Seek Compensation appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  • Via The News with Rick Sanchez: New York Gov. Andrew Cuomo’s resigns amid an avalanche of criticism as investigators conclude that he sexually harassed nearly a dozen women in a long pattern of offensive remarks and unwanted touching. Attorney Sara Papantonio joins Rick Sanchez to share her expertise.

    The post The Legal Battles Begin For Former NY Governor Andrew Cuomo appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  • By Trevor Wahune in Port Moresby

    A five-man Supreme Court bench has quashed by a majority decision National Court temporary orders that have stayed the death sentence of 14 prisoners on death row in Papua New Guinea.

    The court ruled that the lower court lacked jurisdiction at the time to commence the proceedings on its own initiative under Cection 57(1) of the Constitution, and directed that the orders be dismissed.

    This ruling clears the way for the first executions in Papua New Guinea for 70 years.

    These orders were appealed to the Supreme Court by the state, through Solicitor-General Tauvasa Tanuvasa, after he identified errors of law, made by the primary judge in 2017.

    These were errors of commencing the proceedings as an inquiry, establishing that there were prisoners on death row who were awaiting execution with five having had no Supreme Court appeals or reviews pending and nine awaiting completion of their Supreme Court appeals.

    The primary judge at time held that there were breaches in their rights under sections 36, 37 and 41 of the Constitution and also declared that the National Executive Council (NEC) had failed to facilitate appointments of members of the advisory committee on the power of mercy (ACPM) to determine their mode of execution.

    The bench, that comprised deputy Chief Justice Ambeng Kandakasi and judges George Manuhu, Ere Kariko, Colin Makail and Nicholas Miviri, reached these orders after the majority held two of three grounds of appeal.

    One minority view
    Justice Manuhu was the only minority view, resulting in a four out of five judgment.

    The grounds appealed by the state that were anonymously upheld were that the National Court lacked jurisdiction in such proceedings, that the proceedings were contrary to section 57 of the Constitution; and that assuming the decision of the transferees case by erroneously holding that decision was Orbita Dicta.

    Orbita Dicta is a judges expression of opinion uttered in court or in a written judgment, but not essential to the decision and therefore not legally binding as a precedent. Also the trial judge had erred in law when he found breaches of the prisoner’s rights without any evidence and facts that established any of the breaches.

    The bench also ordered that the National Court direction to the state, which was the appellant, to facilitate the appointment of members of the advisory committee on the powers of mercy and to provide a report to the NEC on October 12, 2017, in the proceeding styled HROI No. 2 of 2015 be quashed.

    Tanuvasa, when contacted, told the PNG Post-Courier: “There is no impediment now.

    “Those on death row can now apply to the power of mercy.

    “Or all executions could proceed soon after the NEC properly appoints the members to a committee that would identify the most possible mode of execution.”

    Trevor Wahune is a PNG Post-Courier reporter.

    This post was originally published on Asia Pacific Report.

  • Via America’s Lawyer: A program used by police officers to detect gunshots has a fatal flaw causing innocent people to be thrown behind bars. Mike Papantonio and Farron Cousins discuss more. Transcript: *This transcript was generated by a third-party transcription software company, so please excuse any typos.

    The post Gunshot Detection Tech Is Causing Innocent People To Be Locked Up appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  • The party also claimed that the Twitter handle of INC-TV was also suspended this morning

    This post was originally published on The Asian Age | Home.

  • The diamond merchant is wanted in India to face charges of fraud and money laundering in the estimated USD 2-billion PNB scam case

    This post was originally published on The Asian Age | Home.

  • Via America’s Lawyer: Police in one Florida county are trying to prevent crimes before they happen by using an algorithm to determine which citizens to spy on. Mike Papantonio and Farron Cousins discuss more. Transcript: *This transcript was generated by a third-party transcription software company, so please excuse any typos. Mike Papantonio:             Police in one Florida county are trying to prevent crimes […]

    The post Florida Police Create New Algorithm For Spying On Citizens appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  • By Miriam Zarriga in Port Moresby

    The Papua New Guinean woman who allegedly sold her cousin sister — confirmed to be aged only 12 — to two men for sex in the capital Port Moresby is facing three charges related to child prostitution.

    The girl, reported earlier to be 15, was rescued by officers from the Immigration and Citizenship Authority and police on Monday at a guesthouse in Port Moresby where the two men had taken her.

    Police confirmed yesterday that the woman, 20, had been charged with one count of obtaining the services of a child prostitute, one count of facilitating or allowing child prostitution, and one count of receiving a benefit from child prostitution.

    Charged 20-year-old woman
    The accused 20-year-old woman alleged to have sold her cousin, 12, for sex. Image: Kennedy Bani/The National

    All three charges come under the PNG Criminal Code Act ch 262.

    The girl’s mother yesterday showed documents to prove that her daughter would be turning 13 in a few months.

    She told The National outside the police station yesterday that the anger she felt when told of what her child had gone through, saw a near confrontation with the woman — her niece — who allegedly sold her for K100 (NZ$40).

    “I was asked that my child spend a night with her cousins,” the girl’s mother said.

    ‘I trusted my niece’
    “As they were her cousins, I allowed her to spend the evening on Monday afternoon until Tuesday.

    “When she didn’t return on Tuesday, I didn’t think much about it because she was with her cousins.

    “So I was surprised when a police vehicle with my daughter inside turned up at our home on Wednesday morning.”

    She accompanied them to the police station, terrified of the bad news she was going to hear.

    The woman, who has now remarried, has five children.

    The 12-year-old daughter is the third eldest.

    “I am a mother of five. My first husband died two years ago. We talk about everything and despite what everyone is saying, she is not involved in that type of activity,” the mother said.

    “I trusted my niece and she has broken that trust.”

    Police bail not allowed
    The National
    understands that due to the seriousness of the charges, the woman will not be allowed police bail.

    She will have to apply for bail when she appears in court.

    The girl is currently staying at a safe house arranged by the International Organisation for Migration (IOM).

    Chief Migration Officer Stanis Hulahau said some guest houses were carrying out illegal and undesirable businesses on the pretext of offering cheap accommodation.

    “We will continue to pursue those who use guesthouses as a front to carry out illegal activities,” he said.

    It is believed that foreigners who have become naturalised citizens, as well as some businessmen, were behind a prostitution racket in Port Moresby.

    Miriam Zarriga is a reporter with The National. Republished with permission.

    This post was originally published on Asia Pacific Report.

  • By Miriam Zarriga in Port Moresby

    A 15-year-old Papua New Guinean girl, found in a Port Moresby guesthouse during a spot check by immigration and police officers yesterday, says she was sold without her knowledge by her cousin sister for K100 to two men for sex.

    Officers of the Immigration and Citizenship Authority (ICA) and police arrived at the guesthouse for a spot check just when the two men were trying to find a room for them and the girl.

    The guesthouse at 5-Mile was next on the officers’ list as they crack down on illegal activities by businessmen and foreigners who have become naturalised citizens.

    They found the girl among about 20 men and women inside.

    They realised that the business was providing other services than accommodation.

    The girl, when questioned by the officials, broke down, saying she had been forced to follow the two men by her cousin sister.

    “My cousin asked my mother for me to spend a night with her.

    ‘My mother allowed me
    “My mother allowed me to spend a night,” she said.

    “But [yesterday morning], my cousin said she wanted us to go to the second-hand shop.

    “She took me out of the house at 4-Mile and took me to Gordon.

    “We met a guy from Popondetta who my cousin said was a friend of hers, and a man from Southern Highlands.

    “My cousin told me to keep her friends company while she went to look for betel nut.

    “However, she didn’t return.

    “And with no bus fare, I was forced to follow the two men.

    Three detained by PNG police
    The 20-year-old woman and the two men detained by immigration and police officers. Image: Kennedy Bani/The National

    Paid money to cousin
    “They both told me they had paid some money to my cousin.”

    The officers found out that the cousin had sold her to the two men for K100 (NZ$40) for an hour of sex.

    The two men, released with others in the guesthouse, were tracked down at Vision City, where officers found them with the cousin sister.

    They had used the girl to find out where the three were after they had left the guesthouse.

    The three were surprised when they were surrounded by ICA and police officers.

    They were taken to the ICA office in Waigani where they were interviewed.

    The girl’s 20-year-old cousin admitted to the officers that the man from Popondetta was her brother-in-law.

    Police detain trio
    Last night, the three were detained at 6-Mile police station for further interrogation today.

    Police plan to charge the two men with “obtaining the services of child prostitution”.

    The 20-year-old cousin will likely face a charge of “officering, facilitating and receiving benefits from child prostitution”.

    It is understood that the girl was taken back to her relatives.

    ICA officers and police began their spot checks last weekend arresting people — especially foreigners they believe have been involved in illegal activities.

    Some are also being investigated for breaching their visa conditions.

    Miriam Zarriga is a reporter for The National. Republished with permission.

    This post was originally published on Asia Pacific Report.

  • SPECIAL REPORT: By David Robie

    It is open season again for Indonesian trolls targeting Asia Pacific Report and other media with fake news and disinformation dispatches in a crude attempt to gloss over human rights violations.

    Just three months ago I wrote about this issue in my “Dear editor” article exposing the disinformation campaign. There was silence for a while but now the fake letters to the editor – and other media outlets — have started again in earnest.

    The latest four lengthy letters emailed to APR canvas the following topics — Jakarta’s controversial special autonomy status revised law for Papua, a brutal assault by Indonesian Air Force military policemen on a deaf Papuan man, and a shooting incident allegedly committed by pro-independence rebels – and they appear to have been written from a stock template.

    And they all purport to have been written by “Papuan students” or “Papuans”. Are they their real names, and do they even exist?

    The latest letter to Asia Pacific Report, dated July 30, was written by a “Paulus Ndiken” who claims:

    “I’m a native Papuan currently living in Merauke, Papua, Indonesia. I would like to address your cover story about Indonesia apologises for ‘excessive force’ against deaf Papuan man.

    “One day after the incident, the Indonesian Air Force had detained and punished severely 2 members … that had roughly apprehending [sic] Esebius Bapaimu in Merauke, Papua province.”

    Dubious reputation
    The letter linked to Yumi Toktok Stret, a website with a dubious reputation with accuracy. The report was sketchy and the correct name of the assaulted man, according to reputable news media and Papuan sources, is actually Steven Yadohamang.

    “We regret that this kind of rough-housing [sic] happened on the street,” wrote correspondent “Ndiken”, “but we, as Papuans, [are] also glad to know that these perpetrators have received sound punishment …

    “Responding to the unfortunate events, the Indonesian netizens had asked for the Indonesian military to immediately take action against the guilty party and were glad that the institution had addressed the people’s concern in a very fast manner.”

    A more nuanced and accurate article was written for Asia Pacific Report by Brisbane-based West Papuan academic Yamin Kogoya who compared the “inhumane” assault to the tragic killing of George Floyd in the United States after a white Minneapolis police officer, Derek Chauvin, pressed his knee on Floyd’s neck for nine minutes as he lay face down in the street on 25 May 2020.

    Indonesian disinformation letter about Papua
    Excerpt from one of the spate of questionable letters received by Asia Pacific Report about Papua. Image: Screenshot
    Tabloid Jubi report of 'knee' assault
    How Tabloid Jubi reported the assault on 29 July 2021.

    Another letter writer, “Michel Wamebu” … “a native West Papuan living in Merauke”, said on June 29 he would like to bring our attention to West Papua, “which has been painted as if the whole island is in conflict, when actually [there are] only a few small areas [that] were invaded by the Free Papua terrorists that had been exposed to enormous violence.

    “I would like to assure the world that there [is] nothing like a full-blown war.”

    In the lengthy letter about an incident on June 4 when four civilians were killed in a shooting and two were wounded, “Wamebu” provided alleged details that are likely to have been provided by military sources and at variance with actual news reports at the time.

    ‘Spike’ over special autonomy
    “Yamkon Doleon”, a “student from West Papua and currently studying in Yogyakarta, Indonesia” wrote on July 19 that there had been “a spike in the topic of Papuan special autonomy in social media and also [in] a few international media”.

    Launching into a defence of the new Special Autonomy for Papua law for the governance of the two Melanesian provinces of Papua and West Papua for the next two decades – adopted by the House of Representatives in Jakarta last month without consultation with the Papuans, “Doleon” wrote:

    “The Special Autonomy itself is a law that guarantees every Papuan to be the leader of their region, to have free education, free health service, and a boost I [the] economy … So which article is not in favour of the people?”

    The writer makes no mention of the heavy militarisation of Papua in recent months, the repeated allegations of human rights violations, or the rejection of the Special Autonomy law by the Papuan people.

    In a comment about the spate of Indonesian troll messages to some media outlets, West Papua Media Alerts said:

    “Indonesian intelligence bots, go away. You are being banned and reported and deleted everytime you post, so go away.”

    The engaged media advocacy and news service continued: “It is clear we are telling the truth, otherwise you wouldn’t have to spend so much money trying to counter it with a transparent influence exercise. Go home, invaders.

    “Friends, there are literally over a hundred sock accounts using random Anglo names, and the same script response. These accounts all come from the BIN-run FirstMedia in Jakarta, and were all created after March 2.

    Indonesian bots
    West Papua Media Alerts message to “Indonesian bots”. Image: Screenshot

    Report fake accounts
    “If you see a comment, please click through on the account name, click the 3 dots and report them as a fake account and going against community standards. We will obviously delete and ban these fake accounts.”

    Meanwhile, the London-based Indonesian human rights watchdog Tapol has strongly condemned the two Air Force military policemen who severely beat the disabled man, Steven Yadohamang, in Merauke, Papua, on 27 July 2021.

    Video footage which has been widely shared on social media, shows the two personnel beating up a man and crushing his body into the ground and stamping on his head.


    The footage of the assault on Steven Yadohamang. Video: Benar News

    Tapol said in a statement: “It is clear from the footage that Yadohamang does not possess the capacity to defend himself against two individuals who appear to be unconcerned with possible consequences.”

    A similar incident in Nabire took place the following day, said the statement. A West Papuan man, Nicolas Mote, was suddenly smacked on the head repeatedly during his arrest despite not resisting.

    “The incident follows a spate of previous violent incidents committed by the security forces against civilians in West Papua province and is likely to raise further questions about what purpose increasing numbers of military personnel are serving in West Papua,” Tapol said.

    Although the Air Force had apologised, it had suggested that the two military policemen, Second Sergeant Dimas Harjanto and Second Private Rian Febrianto, alone should bear responsibility for the incident, said the watchdog.

    ‘Pattern of violence’
    “They, and the Indonesian media, have described the soldiers as ‘rogues’. This assessment is not consistent with a pattern of violence committed against civilians that has been allowed to go unpunished in recent months and years,” Tapol said.

    “Indeed, had there not been such indisputable visual evidence of security force violence, it is entirely possible that the incident would not now be subject to further investigation by the authorities.

    “But despite facing punishment, the perpetrators are likely to only to receive light sentences because they will be tried in military courts.”

    Following the end of the New Order period, civilian politicians were not pushing for military personnel to be tried in civilian courts.

    Since 2019, there had been a steady build-up of military and police personnel in the two provinces of Papua and West Papua, said Tapol.

    “Deployments and security force operations have increased further since April 2021, when the Coordinating Minister for Politics and Security, Mahfud MD, designated the armed resistance movement, TPNPB, as a ‘terrorist’ group.

    “West Papuans and Indonesians have raised concerns that the designation would further stigmatise ordinary West Papuans.

    “We would also highlight that in West Papua there are significant underlying problems with institutionalised racism by the authorities.”

    Tapol called on President Joko Widodo and the House of Representatives of Indonesia to finish the post-Suharto agenda of reforming the military to combat a culture of impunity over human rights violations in West Papua.

    This post was originally published on Asia Pacific Report.

  • In this special episode, filmed LIVE at the EVOLVE Summit, Michael Mogill sits down with Hall of Fame Trial Attorney and Founder of MTMP, Mike Papantonio. Mike Papantonio discusses the dangers of never expanding on the types of cases you and your firm are committed to handling. Stop reading headlines of multibillion-dollar verdicts and settlements […]

    The post Mike Papantonio: The Dangers of Being Average appeared first on The Ring of Fire Network.

    This post was originally published on The Ring of Fire.

  •  

    Janine Jackson interviewed 18 Million Rising’s Bianca Nozaki-Nasser about anti-Asian bias for the July 23, 2021, episode of CounterSpin. This is a lightly edited transcript.

          CounterSpin210723Nozaki-Nasser.mp3

     

    Janine Jackson: US news media have given attention to an increase, over the last year or so, in anti-Asian bias, driven by a number of violent attacks on Asian Americans, many cases involving mental illness, with some assailants being explicit about their racist motivation.

    Major media’s spotlight, like any spotlight, tends to flatten things out, to illuminate some things and leave others in shadow. Unfortunately, some of the underserved aspects of this problem include its broader historical context, and any ways to address it that don’t center law enforcement.

    We’re joined now by Bianca Nozaki-Nasser. She’s a designer, media-maker and educator working with the group 18 Million Rising. She joins us now by phone from Los Angeles. Welcome to CounterSpin, Bianca Nozaki-Nasser.

    Bianca Nozaki-Nasser: Thank you for having me.

    JJ: Media coverage wasn’t a monolith, of course. But I’d like to just start by asking you what you made generally about US news media’s approach to the spate of anti-Asian violence, and the nature of the reporting that you saw.

    Bianca Nozaki-Nasser

    Bianca Nozaki-Nasser: “To address anti-Asian violence at its roots, the US must reckon with the history of violence in our immigration policies, and the wars across Asia.”

    BNN: Yeah. Earlier this year, we saw coverage that uplifted types of community vigilantism, made popular by celebrities like Daniel Dae Kim, Daniel Wu and Gemma Chan. We also saw calls from elected officials who turned to policing and hate crime laws as solutions to the attacks and discrimination.

    However, we know that if funding the police made Asian Americans safe, we’d actually already be safe, because the US spends approximately $180 billion every year on policing and incarceration. And there’s so many layers to why people are vulnerable at this moment, are causing harm. But what we do know is that the anti-Asian violence that our communities face actually begins with state violence. For example, Biden can’t say, “Stop Asian hate,” and then deport a plane of Southeast Asian refugees.

    While we are experiencing a surge of this violence in our lifetimes, we really want to note that we’re living through a continued history of persecution, discrimination and violence against Asian Americans. And in the United States, we know that it’s not just for Asian Americans but, for example, with the braceros program in 1942, Mexican farmworkers were forced to undress and be sprayed with pesticides. This was a state-mandated process that operated under the underlying assumptions that affiliated Mexicans with diseases or parasites and contamination. So this kind of pathogen racism is a part of our country’s history.

    These racist responses to the spread of the disease are consistent with our country’s history of treating Asian Americans as a foreign threat. While Donald Trump’s rhetoric last year was inflammatory, it comes from a previous existing form of white supremacist, settler nationalism that the US pioneered to peddle racial fear, justify endless global wars, and exploitation and expulsion of people who are purposely depicted as “diseased” or “the enemy.”

    So this is all to say that the root causes of anti-Asian violence are very complex, and we can’t expect that one single solution will repair all these harms. But to address anti-Asian violence at its roots, the US must reckon with the history of violence in our immigration policies, and the wars across Asia.

    At 18MR, we see the issue of anti-Asian violence within the larger context of US policies and histories. Last year, as the pandemic was worsening, we created a project called “Unmasking Yellow Peril” that connects these histories to the current moment. You can access a free download of that resource on our website at 18MR.org.

    JJ: Yeah, we just saw legislation which seems to have been the response: Joe Biden signs the Covid-19 Hate Crimes Act, and that was described by CNN as being passed by “a hyper-bipartisan group of lawmakers.” In other words, there was a tremendous amount of celebration about how everyone—except for, of course, some Republicans—was excited and was happy to sign this bill that is going to expedite Justice Department’s review of hate crimes, designate an official to oversee that project, make reporting of hate crimes easier somehow. USA Today called that a “win” for the Asian-American and Pacific Islander community. And what I’m hearing you saying is that, if that’s the response…that’s not a response; that’s not taking on board any of the context, or root causes, or systemic issues that you’ve just outlined.

    BNN: Yeah, by focusing on individual hate instances—things like this legislation, and the #StopAsianHate hashtag frame—that means we can’t address the forms of systemic racism against Asian Americans that we just discussed. So when we really look at what’s going on, we have to ask, who or what counts as hate?

    Many people that use the term “hate crime” to loosely mean a hateful or biased incident are not understanding that hate crimes have specific legal definitions that are regulated by the state. As Asian Americans, we refuse to use state definitions of racism and bias when the US is a major source of racism against us, especially when we know that the FBI’s own data on hate crime offenders actually reveal that these laws are used to disproportionately criminalize Black people.

    JJ: Let’s get into that a little bit, about who’s being presented as the “harm inflicters” here. US corporate media have a long-held habit of promoting, or presuming, a wedge between Asian Americans and, in particular, Black people. I’m seeing this in talk around critical race theory, people saying, just as they did with affirmative action, “Asian Americans hate this,” or “This hurts Asian Americans more than anyone.” And it’s such a crude and ignorant understanding of the way that Asian Americans see themselves in the context of other marginalized people in this country. I wonder if you could just talk a little bit about that particular effort to drive that wedge?

    BNN: Yeah, so these blanket statements about Asian Americans being high-performing or being separate from these larger issues, obscures the fact that Asian Americans actually have the biggest wealth gap in the state. So Asian Americans have the highest within-group income inequality in the country; the top 10% of earners make 10.7 times the income of the bottom 10%.

    There are lots of Asian Americans. Southeast Asians are most frequently refugees from American wars, and are resettled in neighborhoods that have been historically excluded in resourcing. Southeast Asians, South Asians—these students are seriously excluded from educational opportunity, and then are masked because they’re categorized as “Asian”; they are least likely to have access to higher education, therefore more likely to be included in the school-to-prison pipeline.

    We are advocates for data disaggregation. So there are 23 million Asian Americans here in the states, and they trace their roots to more than 20 countries in East, South and Southeast Asia. Each of them have their own unique histories, cultures, languages and other characteristics. So to say “Asian Americans are not included” puts all of this diverse community into a bucket, when people are really talking about maybe one particular group, or one particular income bracket of Asian Americans.

    We also know that long history of that racial wedge between Asian Americans and the Black community has been a tool, over and over again, to create instability and prevent solidarity efforts.  Janelle Wong, professor of Asian American Studies at the University of Maryland, College Park, recently released analysis that drew on previously published studies on anti-Asian bias.

    We know the media continue to perpetuate myths about who is most likely to be violent or racist against Asian Americans, and the narratives we’re seeing on the news and social media are based in anti-Black racism and ableism instead of actual data. So Professor Wong found that the official crime statistics and other studies reveal that more than three-quarters of offenders of anti-Asian hate crimes and incidences—both from before and during the pandemic—have actually been perpetuated by white people, contrary to many of the images that we’ve seen circulating online. And we know that these kinds of racist tropes, and everything that comes along with it—especially that it’s predominantly Black people who are being shown attacking Asian Americans who are elderly—are just not true. There’s really no empirical basis on that.

    And with regards to critical race theory: In 2014, we saw NYPD officer Peter Liang shot and killed Akai Gurley, a 28-year-old Black man who had been visiting his girlfriend, and to get his hair braided. Liang’s attorney claimed that the officer did not provide medical aid at that time because he was so upset. And we saw conservative Chinese Americans rally to support Liang, and not the Gurley family, whose activists were seeking accountability for the murder. We did have people in the Asian-American community supporting the Gurley family, and the lack of coverage of that shows that when we have media that aligns Asian Americans with the carceral state, it really perpetuates limits of organizing just solely around our identity as Asian Americans.

    JJ: Right.

    BNN: Instead, we know that our organizing is not just rooted in the fact that we are Asian American, but the fact that we have shared values across what we consider to be justice.

    JJ: Yeah. And media coverage that does that isolation is really obscuring and erasing connections and community that actually exists.

    Let me just draw you out a little bit more on the context of abolition as a response. As you know, I heard you recently in conversation with Collette Watson from Free Press, and you mentioned a project called Fertile Ground that is around these ideas that we’ve just been discussing. I wonder if you’d just talk a little bit about that work?

    BNN: Yeah, thank you. I myself identify as an aspiring abolitionist, so I am constantly learning and understanding abolition as a movement.

    JJ: Yes.

    BNN: But we are explaining that abolition is a movement to end policing and incarceration. It’s a long-term process to reorganize our society and create systemic change so that prisons become obsolete. It’s the work to shift funding, resources, power and responsibility away from the police, and back into community-based safety alternatives. So abolition is not just about dismantling, but it’s also about creating. As Ruth Gilmore says, “Abolition is about presence, not absence.”

    JJ: Not absence.

    BNN: “It’s about building life-affirming institutions.”

    So our team at 18 Million Rising created this project  “Fertile Ground.” We do media-based organizing and creative media for political education. So we took a moment to think about this framing as “abolition as a generative future.” And we wanted to create something that spoke to the current moment of Asian-American organizing, and questions that people are having around “How do we keep our communities safe,” and provide an abolitionist framework for people to begin building their understanding and relationship with one another around these issues.

    So the poster is 11 by 17. On the front are illustrations that I’ve done of different plants and flowers, that one of our organizers, who’s an herbalist, made these captions around the herbal healing properties of each flower, and what they teach us about abolition.

    And on the back is an essay that was written by our organizers, discussing the current political moment in Asian-American organizing and Asian-American movements, and connects to the roots of abolition, people who have come before us—Sylvia Rivera, our friends at Red Canary Song who have been organizing sex workers—because we know those are people who are most vulnerable in our communities, that have been organizing around the police state for a long time, because they have never been protected by the police, ever, due to their profession and their identities.

    So this is a poster that is beautiful to hang, but also can be read and shared. It’s available for print: We are selling it as a fundraiser for $12 on our store; all the proceeds go to SEAC Village, which is a Southeast Asian organization in North Carolina who do abolitionist work. But it’s also available for a free download on our website. You can get the entire PDF, but also read the essay online, with interactive links to additional resources.

    JJ: Let me ask you, just moving from carceral or punitive responses: There have been some other things happening, and I wonder what you make of, for example, the state of Illinois now legislating that schools teach AAPI history. What do you make of that as a different way of addressing this set of concerns here?

    BNN: Definitely. So last year, I mentioned earlier, our project Unmasking Yellow Peril—we wrote that in partnership with a professor from the University of Connecticut, Jason Oliver Chang. And he has done organizing in his own state around including Asian American and ethnic studies in high school curriculum.

    And we look at anti-policing and this abolitionist work as just one tool in a toolbox to have people be grounded. Like we said, this Fertile Ground is a place for us to create understanding with one another. So we believe in using all of the tools in our toolbox to bring people to a place of understanding, so we can move forward together.

    JJ: When I looked back at recent coverage, the theme of the news media coverage right now seems to be Asian Americans saying, “Now my mom carries pepper spray,” you know, or “I’m not sending my kid back to school.” The news media coverage is very much about fear, but then it just sort of stops there. And I wonder what you think better media would do? Are there examples of good or bad media approaches or tropes, things you’d like to see more or less of, as news media address this set of issues?

    BNN: Definitely. I really want to uplift the Oakland Chinatown Coalition, who created the Chinatown Community Ambassadors Program in response to the increase in violent attacks on their communities. So while some people were calling for increased policing, this group came out to speak and represent themselves in their community, and say that they want to tell their own stories, and that as Asian Americans, they reject the increased policing in their community. And their alternative is to keep each other safe, and not only have this ambassador program to combat fear, but also 18MR and a lot of other grassroots organizations have been calling for community-centered solutions.

    So instead of increasing funding and training for the FBI and other law enforcement, we have people who are calling for funding affordable housing, culturally competent mental health services, access to healthcare, community-based ambassador programs like this one. And all of this has been communicated in languages that our communities need.

    Teen Vogue: Hate-Crime Laws Are Not the Answer to Anti-Asian Violence, Abolition Is

    Teen Vogue (4/28/21)

    In addition to the grassroots organizing work, I’ve seen someone like Jason Wu, who is a legal services attorney in New York City and an organizer, who wrote a great piece in Teen Vogue called “Hate Crime Laws Are Not the Answer to Anti-Asian Violence.” And he discusses why the use of the term “hate” misdiagnoses a problem in Asian-American communities.

    Also, I would like coverage of people who are doing work to abolish ICE, and defund and demilitarize the police, because we know that this also works to end anti-Asian violence. We know the overflow of military-grade weapons used in imperialist efforts in Asia and beyond are then brought back into Black and multiracial, poor and working-class communities and used to police us. So all of this work is a multipronged approach to what is going on in our community now, that is beyond just fear-based responses.

    JJ: Let me just ask you, finally: Your actual title at 18 Million Rising is “director of design and product,” and that has to do with the fact that 18 Million Rising does digital-first, or media-based, organizing. I wonder if I could just ask you, what does that look like? What’s the relationship of that to other forms of organizing? It sounds very 2021 to me, and very hopeful, but I’d like to hear you say: What does it mean to be doing media-based organizing?

    BNN: Yeah, so we know that we have a huge Asian-American population in the United States. And while some Asians live on the West Coast, we have a population in the South, the Northeast and the Midwest.

    But we are spread out over geography, and that means we’re not always connected to larger communities. And some of us may be living in isolation, or just with a few other Asian Americans. So 18MR creates community online, and that has helped Asian Americans close these gaps in geography or in generation.

    And for us at 18MR, the internet is a place where we come together to create culture, in addition to responding to it. And in that way, we’re building power online, even if we’re not physically close to one another. We use our shared power online to create these spaces that build connection, community, and are in service to our larger movements for collective liberation. Some ways that we’ve done that are through training, so we always partner with grassroots organizations, and then ask what they need from us as a digital organization.

    So last year, we held our Asian-American feminist network gathering at the Allied Media conference online due to Covid, and that was in partnership with the Asian American Feminist Collective in New York. Many of our attendees wanted to be a part of it, because they were often the only Asian person they knew and in their set of politics. And because the gathering was online last year, it was much more accessible for folks who otherwise may not have been able to physically present, or travel, or connect with people who have these same politics, and be in conversation with them. We also, again, partner with local grassroots organizations, and create campaigns and these partnerships that allow us to bring hyperlocal issues to a national audience.

    And in regards to media-based organizing: We believe that media-based organizing is a collaborative process that utilizes media, art and technology in creative ways that can center community issues, much like what we did with Fertile Ground. And we use this kind of media as a tool for reaching individuals, communities and larger groups to advocate for the kinds of actions and solutions we’re hearing from our communities.

    As a designer, what I teach my students is that designers don’t always have the answers, but we’re here to ask questions and collaborate with people who might have that information, and use art and design and technology to engage people creatively in ways that may have not been accessible to them before.

    JJ: Thank you very much for that. We’ve been speaking with Bianca Nozaki-Nasser from 18 Million Rising; you’ll find them online at 18MillionRising.org. Thank you so much, Bianca Nozaki-Nasser, for joining us this week on CounterSpin.

    BNN: Thank you for having me. It’s been great.

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