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Glenn Greenwald: Julian Assange’s Imprisonment Exposes U.S. Myths About Freedom

Glenn Greenwald: Julian Assange’s Imprisonment Exposes U.S. Myths About Freedom  The real measure of how free is a society is not how its mainstream, well-behaved ruling class servants are treated, but the fate of its actual dissidents.  By Glenn Greenwald   January 2, 2021

Persecution is not typically doled out to those who recite mainstream pieties, or refrain from posing meaningful threats to those who wield institutional power, or obediently stay within the lines of permissible speech and activism imposed by the ruling class.

Those who render themselves acquiescent and harmless that way will — in every society, including the most repressive — usually be free of reprisals.  ……..

 Those who do not seek to meaningfully dissent or subvert power will usually deny — because they do not perceive — that such dissent and subversion are, in fact, rigorously prohibited. They will continue to believe blissfully that the society in which they live guarantees core civic freedoms — of speech, of press, of assembly, of due process — because they have rendered their own speech and activism, if it exists at all, so innocuous that nobody with the capacity to do so would bother to try to curtail it………..
powerful officials in Washington can illegally leak the most sensitive government secrets and will suffer no punishment, or will get the lightest tap on the wrist, provided their aim is to advance mainstream narratives. ……..
those like Julian Assange who publish similar secrets but against the will of those elites, with the goal and outcome of exposing (rather than obscuring) ruling class lies and impeding (rather than advancing) their agenda, will suffer ………..
the ongoing imprisonment of Julian Assange not only a grotesque injustice but also a vital, crystal-clear prism for seeing the fundamental fraud of U.S. narratives about who is free and who is not, about where tyranny reigns and where it does not.

Assange has been imprisoned for almost two years. He was dragged out of the Ecuadorian Embassy in London by British police on April 11, 2019. That was possible only because the U.S., U.K. and Spanish governments coerced Ecuador’s meek President, Lenin Moreno, to withdraw the asylum extended to Assange seven years earlier by his staunch sovereignty-defending predecessor, Rafael Correa.

The U.S. and British governments hate Assange because of his revelations that exposed their lies and crimes, ………
Assange is not currently imprisoned because he was convicted of a crime. Two weeks after he was dragged out of the embassy, he was found guilty of the minor offense of “skipping bail” and sentenced to 50 weeks in prison, the maximum penalty allowed by law. He fully served that sentence as of April of this year, and was thus scheduled to be released, facing no more charges. But just weeks before his release date, the U.S. Justice Department unveiled an indictment of Assange arising out of WikiLeaks’ 2010 publication of U.S. State Department diplomatic cables and war logs that revealed massive corruption by numerous governments, Bush and Obama officials, and various corporations around the world. That U.S. indictment and the accompanying request to extradite Assange to the U.S. to stand trial provided, by design, the pretext for the British government to imprison Assange indefinitely.
A judge quickly ruled that Assange could not be released on bail pending his extradition hearing, but instead must stay behind bars while the U.K. courts fully adjudicate the Justice Department’s extradition request. No matter what happens, it will takes years for this extradition process to conclude because whichever side (the DOJ or Assange) loses at each stage (and Assange is highly likely to lose the first round when the lower-court decision on the extradition request is issued next week), they will appeal, and Assange will linger in prison while these appeals wind their way very slowly through the U.K. judicial system. …..
Assange will be locked up for years without any need to prove he is guilty of any crime. He will have been just disappeared: silenced by the very governments whose corruption and crimes he denounced and exposed. Those are the same governments — the U.S. and U.K. — that sanctimoniously condemn their adversaries (but rarely their repressive allies) for violating free speech, free press and due process rights. These are the same governments that succeed — largely due to a limitlessly compliant corporate media that either believes the propaganda or knowingly disseminates it for their own rewards — in convincing large numbers of their citizens that, unlike in the Bad Countries such as Russia and Iran, these civic freedoms are guaranteed and protected in the Good Western Countries.
. (The ample evidence showing that the indictment of Assange is the single gravest threat to press freedoms in years, and that the arguments mounted to justify it are fraudulent, has been repeatedly documented by myself and others, so I will not rehash those discussions here……….    https://wordpress.com/read/feeds/34005311/posts/3108045730

January 4, 2021 Posted by Christina Macpherson | legal, politics international, secrets,lies and civil liberties, UK | Leave a comment

Ohio House Fails To Take Any Action On Nuclear Bailout Law.

Ohio House Fails To Take Any Action On Nuclear Bailout Law, WOSU Radio, By ANDY CHOW 24 Dec 20, • Ohio House Republican leadership says 2020 will end without  a vote on any proposal to change HB6. With no delays or repeal, the law stays in place despite being connected to the largest alleged bribery scandal in Ohio history.

When it comes to HB6, the nuclear bailout law connected to a racketeering investigation, House Speaker Bob Cupp (R-Lima) has gone from saying the House will find a way to repeal and/or replace the law, to wanting more discussion on the issue, to saying the House ran out of time to come to a consensus.

That was in the span of five months. Now it appears the House will finish the legislative session without making a single change to HB6……….

In their lawsuit, the cities of Columbus and Cincinnati argued that HB6 amounted to an unconstitutional lending of state credit to a private entity. https://radio.wosu.org/post/ohio-house-fails-take-any-action-nuclear-bailout-law#stream/0

December 24, 2020 Posted by Christina Macpherson | legal, politics, secrets,lies and civil liberties, USA | Leave a comment

Nuclear power industry stunned by Osaka District Court canceling central government approval for reactor restarts.

Japan Times 9th Dec 2020, A ruling Friday by the Osaka District Court canceling central government
approval for the operation of two reactors at the Oi nuclear plant run by
Kansai Electric Power Co. (Kepco), saying its calculations for standards
involving earthquake safety were flawed, has stunned the nuclear power
industry. The decision, which is the first of its kind, is likely to be
appealed and could still be overturned. But the result has resurrected
fundamental questions about nuclear power safety and the future role of the
energy source.

https://www.japantimes.co.jp/news/2020/12/09/national/oi-restart-ruling/

December 10, 2020 Posted by Christina Macpherson | Japan, legal | Leave a comment

For the first time ever, a Japanese court rules against a government approval on nuclear safety

Japan court nixes approval of post-Fukushima nuclear safety steps,  KYODO NEWS – Dec 4, 2020 , 

A Japanese court on Friday, for the first time, revoked the government’s approval of operating a nuclear plant under new safety regulations developed in the wake of the 2011 Fukushima nuclear disaster.

The Osaka District Court ruled in favor of about 130 plaintiffs who claimed that the Nos. 3 and 4 reactors of Kansai Electric Power Co.’s Oi nuclear plant in Fukui Prefecture are vulnerable to a major earthquake.

A Japanese court on Friday, for the first time, revoked the government’s approval of operating a nuclear plant under new safety regulations developed in the wake of the 2011 Fukushima nuclear disaster.

The Osaka District Court ruled in favor of about 130 plaintiffs who claimed that the Nos. 3 and 4 reactors of Kansai Electric Power Co.’s Oi nuclear plant in Fukui Prefecture are vulnerable to a major earthquake.

In the ruling, Presiding Judge Hajime Morikagi said the Nuclear Regulation Authority’s safety screening “has errors and flaws that should not be overlooked” as its estimates needed to factor in a potentially much larger earthquake around the plant…..

It is the first time a Japanese court has withdrawn government approval granted to a power company to operate a nuclear plant under the safety standards set in 2013 following the meltdowns at the Fukushima Daiichi power plant triggered by a major earthquake and ensuing tsunami.

While the two reactors in Oi in the central Japan prefecture have been idle due to regular inspections since earlier this year, the ruling will not take effect if the NRA appeals the decision.

But the ruling may have an impact on the operations of not only the nuclear plant on the Sea of Japan coast but also other reactors in the country that went back online under the new rules…….

The utility, meanwhile, has decided to decommission the aging Nos. 1 and 2 reactors at the Oi plant. https://english.kyodonews.net/news/2020/12/8c717cf8568d-urgent-japan-court-nullifies-approval-of-oi-nuclear-reactor-safety-steps.html

December 8, 2020 Posted by Christina Macpherson | Japan, legal | Leave a comment

The Australian government”s intimidation of whistleblowers – the torture of Julian Assange

Torture of Julian Assange by Australian governments sends powerful message to whistleblowers, Michael West Media by Lissa Johnson | Nov 26, 2020

Australia has used a range of torture techniques against Julian Assange, writes Dr Lissa Johnson. Governments have isolated and demonised him; flatly rejected evidence of ill-treatment; refused to respond to specific allegations; and divested themselves  of any responsibility. Leaders can’t, or won’t, accept the difference between psychological torture and ‘a legal matter’.

Julian Assange has set a number of firsts for Australia, including:

  • The first Walkley award winner whose journalism has attracted a possible 175 years in US prison.
  • The first journalist to be prosecuted as a spy by the US government, under its 1917 Espionage Act.
  • The first citizen of an ostensibly democratic state (Australia) whom a UN official has found to be the target of a campaign of collective persecution and mobbing by other so-called democratic states.

As the UN Rapporteur on Torture, Nils Melzer, observed:

In 20 years of work with victims of war, violence and political persecution I have never seen a group of democratic states ganging up to deliberately isolate, demonise and abuse a single individual for such a long time and with so little regard for human dignity and the rule of law.

As part of this mobbing and collective persecution, Assange is the first Australian journalist to be tortured for journalism in the UK.

On 9 May 2019, Professor Melzer visited Assange in Belmarsh prison, accompanied by two medical experts specialising in the assessment and documentation of torture. On 31 May, Melzer reported that they had found Assange to be suffering all symptoms typical of prolonged exposure to psychological torture.

On 1 November 2019, Melzer warned that, unless the UK government urgently changed course, it may soon end up costing his life.

What torture?

Julian Assange is being held in ‘Britain’s Guantanamo’, Belmarsh prison, a high-security facility designed for those charged with terrorism, murder and other violent offences. He has been held in solitary confinement for 22 to 23 hours a day.

He knows that US-aligned security contractors have written in emails that he will make a nice bride in prison, and needs his head dunked in a full toilet bowl at Gitmo. He knows he is headed for life in US supermax prisons, where prisoners are held in perpetual solitary and chains.

‘If this man gets extradited to the United States, he will be tortured until the day he dies’, Profesor Melzer has cautioned.

To heighten the torment, Assange has been prevented from preparing his defence against extradition in violation of his human rights as a defendant.

He has been granted negligible access to his lawyers and is prevented from researching his own defence. The only purpose is to render him helpless, intensifying his trauma.

A Message from the Australian Government

Assange’s experience sets an example to anyone thinking of airing the dirty secrets of those in power: the genuinely dirty secrets, such as wantonly slaughtering and torturing innocent people and covering it up.

Like all public torture, it sends a message to onlookers: this could happen to you.

And the message from the Australian government to any Australian journalists looking on? You’re on your own.

The US government is seeking to retrospectively apply its own Espionage Act to non-US citizens in foreign lands, while simultaneously withholding the free speech protections of its Constitution. The upshot would be that non-US citizens, and non-US journalists, would be vulnerable to prosecution wherever they may be, whenever the United States saw fit.

Should a host country oblige, that journalist’s only hope would be the protection of their own government. And the message from the Australian government? Not a chance.

A climate of consent

But can the government do anything to stop the torture of Assange in the UK? Or are its hands tied?

Australia ratified the Convention Against Torture in 1989. It therefore has a positive duty to take ‘effective legislative, administrative, judicial and other measures to prevent acts of torture’ of its citizens. According to the Federal Attorney-General’s website, however, that duty applies to ‘territories within Australia’s jurisdiction’.

So who is responsible for protecting Australian citizens from torture overseas?

Australian officials can raise concerns with their overseas counterparts when they are concerned about gross violations of citizens’ rights as happened in the cases of Melinda Taylor, James Ricketson, David Hicks and Peter Greste.

 

They could also make a submission to the Committee against Torture that a state is ‘not fulfilling its obligations under this Convention’.

n Assange’s case, however, the government has opted for ‘consent and acquiescence’ under Article 1 of the convention. Consent and acquiescence is listed alongside inflicting and instigating torture as part of the very definition of torture.

 ‘Standard’ fare

DFAT representatives say repeatedly that Assange’s treatment In the UK is perfectly normal. ‘Standard’. ‘No different’ from the treatment of other UK prisoners. Routine, in other words. Nothing to see here.

When reminded that Assange had been handcuffed 11 times, stripped naked twice and moved between five holding cells after the first day of his extradition hearing, a DFAT representative described this as ‘standard prison to court and court to prison procedure’.

What the official failed to explain is that treatment is only ‘standard’ and normal for prisoners charged with terrorism or other violent offences.

It is not remotely normal for journalists with no criminal history, and no history or risk of violence, to be detained under the most punitive conditions that UK law enforcement has to offer.

As an exercise in “consent and acquiescence” DFAT representatives performed their duties well.

Sanitising, normalising language minimises and trivialises abuse………….

‘Not our responsibility’ has been the Australian government’s refrain. Australian government officials ‘don’t provide running commentaries on legal matters before the courts in other parts of the world’, asserted the Foreign Minister.

Australia is ‘not a party to the legal proceedings in the United Kingdom’, stressed a DFAT official when asked why Australia had not intervened in Assange’s case during Senate Estimates. ‘We have no standing in the legal matter that is currently before the courts.’

Perhaps the Australian government doesn’t understand the seriousness of the abuses taking place in the UK. Perhaps ministers and their advisors are unaware of the difference between psychological torture and a ‘legal matter’. Psychological torture is, after all, not commonly well understood.

It is possible that the Australian government merely fails to grasp the gravity of ignoring Professor Melzer’s warnings. However, when the group Doctors for Assange wrote to the Australian government in December 2019, they detailed the medical and psychological basis of their concerns for Assange’s life and health…………..

New normal in Australia?

Assange is not the first person in Australia to be subjected to torture and other cruel, inhuman or degrading treatment. Australia’s abuse of asylum seekers and refugees has been found to violate the Convention Against Torture. Aboriginal Australians, among the most incarcerated groups on earth, have been dying in custody, buried under acquiescent consent, for decades, and historically for hundreds of years.

The Human Rights Measurement Index 2019 has given Australia a 5.5 out of 10 rating for ‘freedom from torture’, noting, ‘Torture is a serious problem in Australia … a large range of people [are] at particular risk of torture or ill-treatment, with Aboriginal people and Torres Strait Islanders at the top of the list’…….

Through sending a message to journalists worldwide by torturing Assange, the abusive licence deployed against other persecuted groups is being expanded to take in journalism. The targeting of journalists around the world matters because journalists cut across the acquiescence and consent, remove the deadbolt on the torture chamber door, turn down the music, and expose what is going on inside. Every persecuted and abused group or person needs them, to break the cycle of violence by breaking the silence.

We do torture here. It is our problem. In Julian Assange’s case, the biggest problem appears to be that torturing journalists is becoming the new normal in Australia.

This edited extract is reproduced from A Secret Australia: Revealed by the WikiLeaks Exposés, edited by Felicity Ruby and Peter Cronau, Monash University Publishing, December 2020. https://www.michaelwest.com.au/torture-of-julian-assange-by-australian-governments-sends-powerful-message-to-whistleblowers/

November 30, 2020 Posted by Christina Macpherson | AUSTRALIA, legal, media, secrets,lies and civil liberties | 2 Comments

Former CEO of failed V.C. Summer nuclear project pleads guilty to fraud charges

Former SCANA CEO pleads guilty to fraud charges for failed nuclear power project,    https://abcnews4.com/news/local/former-scana-ceo-pleads-guilty-to-fraud-charges-for-failed-nuclear-power-project by Tony Fortier-Bensen, Wednesday, November 25th 2020  COLUMBIA, SC (WCIV)     

The former chief executive officer of SCANA pleaded guilty on Tuesday to fraud charges for the failed V.C. Summer project in Fairfield County.

Kevin Marsh pleaded guilty to one count of conspiracy and one count of obtaining false property by false pretenses, according to a plea agreement.

The agreement also said that Marsh would serve 18 to 36 months and has agreed to pay $5 million in restitution.

In June, retired SCANA chief operating officer Steve Byrne entered a guilty plea for his actions in relation to the failed nuclear power plant.

The U.S Attorney’s office alleges Byrne and Marsh conspired with other SCANA executives to deceive state and federal government overseers, stock holders and power customers in order to keep funding coming in to build two nuclear reactors at the V.C. Summer Nuclear Station.

The expansion project cost Santee-Cooper and the defunct South Carolina Electric & Gas over $9 billion before the two entities abandoned the project in July 2017.

In addition, Marsh agreed to waive indictment and arraignment and work with authorities to provide further information on the failed project.

Under the plea agreement, Marsh could be sentenced to serve 18 to 36 months in prison. Marsh has also agreed to pay $5 million in restitution.

November 26, 2020 Posted by Christina Macpherson | legal, secrets,lies and civil liberties, USA | Leave a comment

Ohio Attorney General Dave Yost has filed a second lawsuit to stop bailout of nuclear reactors

Ohio Attorney General Sues To Stop New Charges For Nuclear Bailout  https://radio.wosu.org/post/ohio-attorney-general-sues-stop-new-charges-nuclear-bailout#stream/0 By KAREN KASLER 16 Nov 20, •There are only a few weeks until Ohio’s controversial nuclear bailout law is set to add new charges to residents’ electric bills. With no repeal yet of HB6, Ohio Attorney General Dave Yost has filed a second lawsuit seeking to stop those rate increases.

Yost’s suit seeks to immediately stop the collection of $2.35 in monthly charges on all Ohio electric bills. Those charges would start January 1 and total $150 million a year statewide – with the money bound for Ohio’s two nuclear power plants, as well as coal and solar subsidies.

A lawsuit Yost filed in September sought to stop the money from going to Energy Harbor, the former FirstEnergy subsidiary that now owns the nuclear plants. However, even if the suit were successful, it would not prevent the charges from being collected in the first place.

FirstEnergy said at the time it would “vigorously” defend itself and that the case had no merit.

The cities of Columbus and Cincinnati have filed a civil lawsuit to halt the bailout fee and strike down HB6, claiming that the law is an unconstitutional lending of state credit to a private enterprise.

There are currently four bills under consideration at the Ohio Statehouse that would repeal HB6. Three would seek a full repeal, while the fourth would eliminate the ratepayer subsidies but retain the law’s cuts to renewable energy standards and elimination of energy efficiency standards.

Federal investigators say HB6 became law as part of a $61 million bribery scheme involving Republican former House Speaker Larry Householder, four associates, the dark money group Generation Now, and a utility believed to be FirstEnergy. Two people have so far pleaded guilty to the racketeering charges.

While FirstEnergy is not charged yet in the federal case and has defended itself against any allegations of misconduct, several executives – including CEO Chuck Jones – have been fired for violating company policy.

November 17, 2020 Posted by Christina Macpherson | legal, USA | 1 Comment

Kings Bay Plowshares peace activists get lighter sentences than expected

Martha Hennessy Sentenced to 10 Months

November 13, 2020

Martha Hennessy, the sixth of the Kings Bay Plowshares defendants to be sentenced, was ordered to serve 10 months incarceration as well as three years supervised probation and restitution. This was a downward departure from the guidelines of 18 to 24 months recommended by the probation department. Conducting the sentencing virtually from the Brunswick, GA… Read More

 Carmen and Clare Sentenced Lighter Than Expected

November 13, 2020

Today two more of the Kings Bay Plowshares 7 were sentenced by video conferencing with Judge Wood in the court in Brunswick, GA. They both received less time than was expected according to the sentencing guidelines prepared by the probation department. Carmen Trotta was sentenced to 14 months in the morning session. This was a… more https://kingsbayplowshares7.org/?link_id=0&can_id=195a0feb9877cdd62aa2d9960e728695&source=email-carmen-and-clare-sentenced-lighter-than-expected-2&email_referrer=email_995104&email_subject=martha-hennessy-sentenced-to-ten-months

November 14, 2020 Posted by Christina Macpherson | legal, USA, weapons and war | 2 Comments

Ohio Nuclear-Plant Owner’s Bankruptcy Plan Upheld by Appeals Court

Ohio Nuclear-Plant Owner’s Bankruptcy Plan Upheld by Appeals Court, Environmental groups and consumer advocates had asked court to reconsider Energy Harbor’s chapter 11 plan, WSJ, By Andrew Scurria   Nov. 3, 2020 
A federal ppeals court declined requests to revisit a bankruptcy plan covering Energy Harbor Corp., a nuclear-plant owner being investigated along with its former parent, FirstEnergy Corp., in an Ohio public-corruption probe.

Monday’s decision by the U.S. Court of Appeals for the Sixth Circuit in Cincinnati affirmed the chapter 11 restructuring of Energy Harbor, which filed for bankruptcy in 2018 as a subsidiary of FirstEnergy and emerged in February owned by investors.

Environmental…  (Subscribers only)  https://www.wsj.com/articles/ohio-nuclear-plant-owners-bankruptcy-plan-upheld-by-appeals-court-11604434946

November 5, 2020 Posted by Christina Macpherson | legal, USA | Leave a comment

Two politicians to plead guilty in Ohio nuclear corruption case

Ohio Political Operatives to Plead Guilty in Nuclear Plant Bribery Case
The five are accused of shepherding $60 million in energy company money for personal and political use.
Manufacturing,  Oct 29th, 2020    Andrew Welsh-Huggins  COLUMBUS, Ohio (AP) — Two Ohio political operatives plan to plead guilty to charges that they conspired as part of what another defendant called an “unholy alliance” aimed at bailing out two aging Ohio nuclear power plants, court documents show.

Former Republican House Speaker Larry Householder and four others are charged with racketeering for their roles in the alleged scheme, under a law federal prosecutors typically use to charge gang members.

The five are accused of shepherding $60 million in energy company money for personal and political use in exchange for passing a legislative bailout of two aging nuclear plants and then derailing an attempt to place a rejection of the bailout on the ballot.

A federal court docket showed that “plea agreements” were filed Thursday for defendants Jeffrey Longstreth, a longtime Householder political adviser, and Juan Cespedes, a lobbyist described by investigators as a “key middleman.”

…………. The government says the energy company money was funneled through Generation Now, a group created to promote “social welfare” under a provision of federal tax law that shields its funding source or spending. The government says part of the scheme involved bribing or otherwise discouraging signature gatherers from doing their job. Generation Now is charged as a corporation in the case.An 82-page criminal complaint makes clear the energy company is FirstEnergy and its affiliates. FirstEnergy’s CEO has said he and the company did nothing wrong.

In a recorded conversation in September 2019, Borges described the relationship between Householder and the energy company as “this unholy alliance,” according to the July 21 complaint that lays out the details of the alleged scheme.

Lawmakers from both parties have pledged to repeal the bailout and to pass legislation requiring disclosure of money contributed to and spent by dark money groups. However, hearings to repeal the bailout ended this fall without resolution.

As recently as Wednesday, Republican Gov. Mike DeWine called on lawmakers to repeal the bailout during the Legislature’s lame duck session following next month’s election.

On Tuesday, two Ohio cities sued to block the bailout law from taking effect in January. https://www.manufacturing.net/energy/news/21200589/ohio-political-operatives-to-plead-guilty-in-nuclear-plant-bribery-case

October 31, 2020 Posted by Christina Macpherson | legal, secrets,lies and civil liberties, USA | Leave a comment

Japan’s government is appealing the landmark ruling about its responsibility for Fukushima nuclear accident

Landmark Court Ruling In Japan Holds Government Accountable For 2011 Nuclear Meltdown  https://www.npr.org/2020/10/15/924150284/landmark-court-ruling-in-japan-holds-government-accountable-for-2011-nuclear-mel

Heard on All Things Considered, ANTHONY KUHN, 15 Oct 20, Japan’s government is appealing a landmark court ruling that holds it responsible for failing to prevent the worst nuclear accident in the country’s history and orders it to pay damages to victims.

AILSA CHANG, HOST:

The Japanese government and a nuclear power plant operator have appealed a landmark court ruling. The ruling holds them responsible for the country’s worst ever nuclear accident. The 2011 Fukushima meltdown was triggered by a huge earthquake and tsunami. But as NPR’s Anthony Kuhn reports from Seoul, plaintiffs are concerned that justice is being delayed once again.

(CHEERING)

ANTHONY KUHN, BYLINE: Cheering broke out outside the high court in the city of Sendai, about 60 miles north of the crippled Fukushima nuclear plant last month. To many people’s surprise, the court’s ruling held the central government and the Tokyo Electric Power Company – or TEPCO, which runs the plant – equally responsible for the accident. Plaintiffs argued that scientists had warned the government in 2002 that a major tsunami could hit the area. The court said in its scathing verdict that the government failed to take action.

TAKASHI NAKAJIMA: (Speaking Japanese).KUHN: “The government, despite its position as regulator, just let TEPCO do as it pleased and let it put off safety measures. It was gross negligence, and it was an attitude unbefitting a regulatory agency.”

That was Takashi Nakajima paraphrasing the court’s verdict.   He’s a leader among the nearly 3,600 plaintiffs in the case. The Sendai court ordered the government and TEPCO to pay them $9.6 million in compensation, double what a lower court had ruled three years ago. Many people in Nakajima’s community near Fukushima fled their homes. He says he filed the lawsuit basically just to say, give me back my former life.

NAKAJIMA: (Speaking Japanese).

KUHN: “Imagine how you would feel,” he says, “if suddenly you get into a situation where you can never go back to your hometown because there’s a risk of radiation.”

Nakajima runs a supermarket, but he says that fears about radiation in waters near Fukushima make it impossible to sell the local fish in which he used to take such pride.

NAKAJIMA: (Speaking Japanese).

KUHN: “The fishermen eat them because they’ve been eating them for a long time,” he says, “and they’re tasty. But their sons and daughters-in-law tell them that their grandchildren should not eat them. This is a situation which divides many families.”

Judges in the Sendai verdict appear to have been especially sympathetic to such hardships. Eri Osaka, a law professor at Toyo University in Tokyo, explains.

ERI OSAKA: (Through translator) The Sendai High Court judges actually visited the area at issue in the trial before the decision was made. It’s very unusual that judges truly understand what hardships the victims are experiencing.

KUHN: Some plaintiffs in similar lawsuits have not been as fortunate as Nakajima and have lost. Professor Masafumi Yokemoto, a professor of environmental policy at Osaka City University, says the Sendai verdict could change that.

MASAFUMI YOKEMOTO: (Speaking Japanese).

KUHN: “This is the first time a decision recognizing the government’s full responsibility has been made at the high court level,” he says, “although it was partly recognized by a lower court. It’s very significant, and it’ll clearly influence future decisions.”

That’s why many observers were not surprised when the government and TEPCO appealed the verdict on Tuesday. Plaintiff Takashi Nakajima hopes that the Sendai court ruling will eventually pave the way for the shutdown of all dangerous nuclear power plants in Japan. But whether or not the ruling stands will now be up to Japan’s Supreme Court to decide.

Anthony Kuhn, NPR News, Seoul.

October 17, 2020 Posted by Christina Macpherson | Fukushima continuing, legal | Leave a comment

Julian Assange could face life in America’s most dreaded ‘Supermax’ prison

Julian Assange ‘faces fate worse than death’ in US: WikiLeaks founder could serve life in isolation at dreaded ‘Supermax’ prison that’s home to America’s most violent terrorists and drug lords if extradited, court hears   Daily Mail, 30 Sept 20, 

  • Julian Assange, 49, could live out his years at a maximum security jail in the US
  • Prison expert Joel Sickler warned the US Government had ADX Colorado in mind
  • Inmates include Ramzi Yousef, behind the bombing of the World Trade Centre 
  • Chinese contemporary artist Ai Weiwei has staged a silent protest in support

Julian Assange ‘faces a fate worse than death’ in a lifetime of isolation at the ‘Supermax’ prison currently home to America’s most violent terrorists and drug lords if he is extradited, a court has heard.

The Wikileaks founder, 49, could live out his years alone at maximum security ADX Colorado jail where he would spend 23 hours in a cell if he is convicted of espionage offences in the US.

Assange is wanted in the US for allegedly conspiring with army intelligence analyst Chelsea Manning to expose military secrets between January and May 2010

Prison expert Joel Sickler said the US government had ‘raised the possibility of sending Mr Assange to ADX’. ………

I believe, based on my understanding of the case, that this is a not unlikely proposition.’

He said Supermax was the only prison criticised as inhumane by its own staff, adding: ‘Robert Hood, the Warden says, “this is not built for humanity. I think that being there day by day, it’s worse than death”.’……..

The WikiLeaks founder could be placed on a prison regime called Special Administrative Measures (SAMS).

This means he could be deprived of meals, phone calls, visits or interaction with other inmates.

Mr Sickler, who advises federal prison defence attorneys, said: ‘Based on decades of experience, over a dozen of my clients committed suicide, it can be done.

‘I think he is only going to go there if he is a SAMS inmate. There is an outside chance he will go there on other grounds.

‘SAMS will seal his fate. If he is given a life sentence he must start at a United State Penitentiary.

‘He is someone our government alleges has knowledge of certain highly qualified information.’………

‘Officially known as Administrative Maximum-Security United States Penitentiary (“ADX”); it is most known by its shorthand name, “Supermax”,’ Mr Sickler added.

‘This is a facility is the most feared by inmates and is where the most violent offenders in the nation are sent.

‘And this is where the Government, according to its own affidavit, sees as a potential prison placement for Mr Assange.

He said it was the solitary nature of the ADX that made it so difficult for its inmates to bear. ‘Should Mr Assange be sent to ADX he will almost certainly spend all his time in ADX in solitary,’ he added……….. https://www.dailymail.co.uk/news/article-8781275/Julian-Assange-faces-fate-worse-death-WikiLeaks-founder-serve-life-isolation.html?fbclid=IwAR21x4PeHIIn2pjMDgqjBSqfqA2pK5YPTZ9Q4q4SOG066tGN_aKkZj91ROE

October 1, 2020 Posted by Christina Macpherson | civil liberties, legal, USA | Leave a comment

Medical experts testify to court on Julian Assange’s precarious mental health

Assange faces “very high risk of suicide,” medical expert tells court, WSWS, By Thomas Scripps and Laura Tiernan, 23 September 2020

Medical evidence was produced in Julian Assange’s extradition hearing yesterday detailing the terrible harm done to the heroic journalist by a decade of state-orchestrated persecution.

The day was given over to the examination of Professor Michael Kopelman who testified to Assange’s mental health. Kopelman is a psychiatrist and Emeritus Professor of Neuropsychiatry at Kings College London. He has given expert evidence in multiple extradition cases on behalf of both the defence and the prosecution. In assessing Assange, he conducted seventeen visits in 2019 and additional visits in 2020, constructed a “full family history” and a “full personal psychiatric history,” and carried out “interviews with his family and lifelong friends.”

His findings constitute a clear bar to Assange’s extradition to the United States. Under Section 91 of the UK Extradition Act (2003), extradition is prohibited if “the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him.”

Under Section 87, extradition is prohibited if it is incompatible with the European Convention on Human Rights (ECHR). Article 3 of the ECHR states, “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Medical evidence speaking to these bars has played a critical role in previous US-UK extradition hearings, for example in the case of Lauri Love. The risk of notoriously poor conditions in US prisons exacerbating mental illness is an important factor.

Assange’s case meets these criteria. The details in today’s WSWS coverage are being reported consistent with the “sensitivity” called for by defence lawyer Edward Fitzgerald QC, on behalf of his client. Nonetheless they make overwhelmingly clear the “unjust and oppressive” treatment to which Assange has already been subjected.

Assange, Kopelman told the court, has experienced periods of serious mental illness in his earlier life. Since being confined to the Ecuadorian Embassy and then Belmarsh maximum security prison, these issues have resurfaced and worsened. Assange has suffered symptoms of severe and recurrent depression. Those symptoms have included “loss of sleep, loss of weight, a sense of pre-occupation and helplessness” and auditory hallucinations which Kopelman summarised as “derogatory and persecutory.”

They have also included “suicidal preoccupations.” Kopelman told the court, “There are… an abundance of known risk factors in Mr Assange’s case” and that Assange has “made various plans and undergone various preparations.” He gave his opinion that there was a “very high risk of suicide.”

These symptoms and risks, Kopelman explained, are exacerbated by an anxiety disorder and Post Traumatic Stress Disorder (PTSD) and by a diagnosis of Asperger’s syndrome. Kopelman cited a paper by world-leading autism expert Dr Simon Baron-Cohen which found that the lifetime experience of suicidal thoughts in those with Asperger’s “was more than nine times higher than in the general population in England.”

Explaining the impact of the US government’s persecution, Kopelman said, “The risk of suicide arises out of the clinical factors of depression and the other diagnoses, but it is the imminence of extradition and/or an actual extradition that will trigger the attempt, in my opinion.”

If Assange were to be incarcerated in the US and segregated from other prisoners, Kopelman gave his opinion that the WikiLeaks founder would “deteriorate substantially” and see an “exacerbation” of his “suicidal ideas.” This would “amount to psychological harm and severe psychological suffering.”

Kopelman’s evidence confirms the warnings made since November 2019 by Doctors for Assange, representing hundreds of medical professionals from around the world, that Assange is suffering “psychological torture” and “could die in prison.” It underlines in distressing detail UN Special Rapporteur on Torture Nils Melzer’s comment regarding Assange’s treatment that “psychological torture is not torture-lite. Psychological torture aims to wreck and destroy the person’s personality and identity… to make them break.”

Assange’s year-and-a-half long incarceration at Belmarsh has been designed to achieve this objective. It has profoundly undermined, in numerous ways, his legal right to prepare his defence against extradition. Kopelman reported yesterday that Assange has repeatedly complained that the medication taken for his mental health has caused him “difficulty in thinking, in memorising [and] in concentration.”

During the morning’s cross examination, Kopelman forcefully rebuffed prosecution lawyer James Lewis QC’s challenge to his credentials. He said solicitors had called him several times in recent years saying that Lewis himself was “keen to have your services” in an extradition case.

In the afternoon, cross-examination continued, with Lewis challenging the veracity of Kopelman’s diagnosis, and claiming that Assange’s appearance was “wholly inconsistent with someone who is severely or moderately-severely depressed and with psychotic symptoms.”

Kopelman replied, “Could we go back a step?” Having seen Assange between May 30 and December [2019], “I thought he was severely depressed, suicidal and was experiencing hallucinations.”………….. https://www.wsws.org/en/articles/2020/09/23/assa-s23.html

September 24, 2020 Posted by Christina Macpherson | civil liberties, health, legal, UK | Leave a comment

Julian Assange case: Witnesses recall Collateral Murder attack: “Look at those dead bastards,” shooters said

Witnesses recall Collateral Murder attack: “Look at those dead bastards,” shooters said, WSWS, By Thomas Scripps and Laura Tiernan, 19 September 2020New Zealand investigative journalist Nicky Hager testified in Julian Assange’s extradition hearing yesterday morning. Hager has extensive experience in reporting imperialist violence and intrigue. In 2017, he released the book Hit and Run with co-author Jon Stephenson exposing the killing of civilians by New Zealand and United States forces in Afghanistan. He worked with WikiLeaks in the release of US diplomatic cables from November 2010 and made use of other releases in his writing.

Hager explained that serious journalists routinely make use of classified materials when reporting on conflicts and potential state crimes. This, he said, was “generally impossible … without access to sources that the authorities concerned regard as sensitive and out of bounds. Consequently, information marked as classified is essential to allow journalism to perform its role in informing people about war, enabling democratic decision making and deterring wrongdoing.”

The Iraq and Afghanistan war logs and US embassy cables obtained by WikiLeaks, Hager said, were documents “of the highest public interest—some of the most important material I have ever used in my life.” Referring to the “Collateral Murder” video, which District Judge Vanessa Baraitser intervened to stop him describing in full, he said, “After the shooting, the pilot and the co-pilot were heard saying ‘Look at those dead bastards,’ with the other replying ‘Nice’ … My belief is … the publication of that video and those words was the equivalent of the death of George Floyd and his words ‘I can’t breathe.’ They had a profound effect on public opinion in the world.”

The Iraq and Afghanistan war logs and US embassy cables obtained by WikiLeaks, Hager said, were documents “of the highest public interest—some of the most important material I have ever used in my life.” Referring to the “Collateral Murder” video, which District Judge Vanessa Baraitser intervened to stop him describing in full, he said, “After the shooting, the pilot and the co-pilot were heard saying ‘Look at those dead bastards,’ with the other replying ‘Nice’ … My belief is … the publication of that video and those words was the equivalent of the death of George Floyd and his words ‘I can’t breathe.’ They had a profound effect on public opinion in the world.”…………….

Yesterday’s cross-examination centred on the scope of the Espionage Act, with US prosecutors making clear that journalists and media outlets are now a legitimate target—especially those which are deemed “non-conventional.” ……..

 Throughout the hearing, US prosecutors have claimed the “Collateral Murder” video is not part of their case against Assange. But as Fitzgerald argued, after taking instruction from his client, the “Collateral Murder” video is connected “indivisibly” from the Iraq Rules of Engagement published by WikiLeaks and named in the US indictment. It was on the basis of these Rules of Engagement that Apache’s crew member “Crazy Horse 1-8” fired on civilians, leaving 18 dead and horrifically injuring two children.  The hearing continues on Monday.  https://www.wsws.org/en/articles/2020/09/19/assa-s19.html

September 21, 2020 Posted by Christina Macpherson | legal, secrets,lies and civil liberties, UK | Leave a comment

Arizona’s cancer toll from nuclear testing: the fight for recognition and compensation

Arizona’s ‘downwinders,’ exposed to Cold War nuclear testing, fight for compensation, “It’s a travesty, and the government should not be alloweto get away with it,” one Mohave County, Arizona, resident said. NBC News, Sept. 13, 2020, By Anita Hassan, KINGMAN, Ariz. — Danielle Stephens ran her fingers down a long list of her relatives’ names and sighed.

All of them had been diagnosed with cancer. Most of them had died, many before they were 55.

Like Stephens, 81, they had all spent their lives in Kingman, Arizona, where during the Cold War they often watched the early morning sky lit up by orange flashes from atomic bombs detonated at a government testing site in the Nevada desert less than 150 miles north of the city.

“Back then, no one thought the tests were dangerous,” said Stephens, who ran a cattle ranch with her husband.

The list of her family members with cancer grew to 32 in July, when she was diagnosed with stage 4 colon cancer. It is the radiation exposure from those nuclear tests that Stephens believes caused her cancer and that of her family members and scores of others who lived in lower Mohave County in the 1950s and ’60s. Her relatives had breast, colon, thyroid and kidney cancer, all of which have been linked to radioactive fallout.

“I just think it’s a travesty, and the government should not be allowed to get away with it,” Stephens said.

The federal government enacted a compensation program for “downwinders,” those who lived near the Nevada Test Site and suffered cancers linked to radiation from the nuclear blasts. However, unlike residents in other parts of Arizona, Nevada and Utah, the residents of Kingman and lower Mohave County have never been compensated by the federal government.

Lower Mohave County residents don’t know why the federal government left them out of the 1990 Radiation Exposure Compensation Act, known as RECA. Neither do lawmakers who’ve fought for years to broaden the program. With RECA scheduled to end in 2022, they say, it’s urgent to include residents like Stephens and her neighbors and relatives.

We want to make sure that all of the families impacted are appropriately recognized and compensated,” said Rep. Greg Stanton, D-Ariz., who along with Rep. Paul Gosar, R-Ariz., introduced legislation this year that would expand RECA to include all of Mohave County, as well as Clark County, Nevada, most of which was also left out of the compensation program.

“They suffered so that we could advance American defense systems at the time that we were testing nuclear missiles, and now we owe it to them to do our part to make sure that they are recognized, acknowledged and compensated,” Stanton said.

Stephens spent more than a decade as the president of the Mohave County Downwinders, sending letters to legislators and collecting personal stories. She hopes she and other downwinders can see those changes in their lifetimes.

“We fought so long for so many years,” she said. “I want it resolved.”

The dangers and fallout of atomic testing were unknown to the public when testing began at the Nevada Test Site, now known as the Nevada National Security Site. One hundred of the nuclear tests at the site from 1951 to 1962 were above ground.

Stephens said getting a glimpse of the flashes or enormous mushroom clouds was a form of entertainment. Detonation times and dates were advertised in newspapers. Children were given short recesses on testing days to stand in the schoolyard and to watch the explosions turn the sky orange. In Las Vegas, only 65 miles from the testing site, businesses billed the tests as tourist attractions to view from hotel windows.

Stephens recalls that as a teenager in 1953, she, her father, her uncle and her brother rode on horseback into the Aquarius Mountains to get a better view of one of the nuclear explosions. As they watched the plume shoot into the sky, they could feel the wind blow the smoke and dust toward them. They hurried to get off the mountain, trying to escape the fallout. But by the time they returned home, their clothes were coated with oily pink stains, Stephens said.

“So about everyone up there got cancer,” she said. Her father died of colon and kidney cancer. Her brother, who is still alive, was diagnosed with prostate cancer. Colon cancer, which Stephens is also diagnosed with, is covered under RECA.

RECA, created in 1990 and administered by the Justice Department, entitles people to one-time payments of up to $50,000 if they developed certain cancers and lived for at least two years in certain counties of Nevada, Arizona and Utah from 1951 to 1962. It also offers compensation to on-site participants and uranium workers. The program has approved more than 23,000 downwinder claims, paying more than $1.1 billion.

But only a small part of Mohave County that lies just north of the Grand Canyon was covered. In 2000, amendments expanded the boundaries, adding five more Arizona counties, but still lower Mohave County was left out.

“It’s closer to the Nevada Test Site than any other county in Arizona,” said Laura Taylor, a lawyer who focuses on RECA claims. She pointed to a 1997 study by the National Cancer Institute that found twice the amount of radiation exposure in lower Mohave County compared to other Arizona counties, such as Gila and Yavapai, which are much farther east of the Nevada Test Site but are now covered by RECA. “It really just doesn’t make any sense.”

According to a report by Arizona health officials, Mohave County had one of the highest average cancer rates in the state from 1999 to 2001.

Taylor believes that lower Mohave County may have been left out because, at the time of RECA’s creation, the county’s closest member of Congress was based in Phoenix. Gosar, who’s spent five years trying to amend RECA to include Mohave County, said he believes that it’s been difficult to gain traction because other lawmakers may view the issue as affecting a small group of people or because the federal government doesn’t want to issue more payments.

“The government also never likes to admit it made a mistake,” he said.

In February, Stanton and Gosar introduced their latest bill to include all of Mohave and Clark counties in RECA. However, COVID-19 has limited congressional hearings, and it hasn’t moved out of the Judiciary Committee.

In July, Stanton and Gosar tried instead to introduce the expansion as an amendment to the 2021 National Defense Authorization Act, but it failed. They say they will try to include the language in coronavirus stimulus bills this fall.

If that doesn’t work, they plan to introduce a new bill during the next congressional session in January.

Eddie Pattillo, a retired construction manager, said acknowledgment by the government that lower Mohave County had been affected by nuclear fallout would mean more to him than monetary compensation………. https://www.nbcnews.com/news/us-news/arizona-s-downwinders-exposed-cold-war-nuclear-testing-fight-compensation-n1239802eside

September 14, 2020 Posted by Christina Macpherson | health, legal, PERSONAL STORIES, Reference, USA, weapons and war | Leave a comment

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