#unlawful detention

[agentfascinateur]

The Israeli Abu Ghraib ?

They paint a picture of a facility where doctors sometimes amputated prisoners’ limbs due to injuries sustained from constant handcuffing; of medical procedures sometimes performed by underqualified medics earning it a reputation for being “a paradise for interns”; and where the air is filled with the smell of neglected wounds left to rot.

...

"(The beatings) were not done to gather intelligence. They were done out of revenge,” said another whistleblower. “

[dontmeantobepoliticalbut]

A New York City directive allowing first responders to enforce a state law that allows them to potentially involuntarily commit people experiencing a mental health crisis can proceed after facing legal challenges by mental health advocates, a judge has ruled.

The ruling, issued Monday by U.S. District Judge Paul Crotty in the Southern District of New York, denied a motion brought by individuals and mental health organizations in December. The legal challenge asked a judge to issue a temporary restraining order and preliminary injunction against the city’s implementation of the policy.

The motion was filed on December 8 as part of an existing lawsuit that alleges New York City has consistently failed to provide safe and appropriate care to New Yorkers experiencing mental health crises. The plaintiffs argued the city’s plan is unconstitutional and violates an individual’s “freedom to live without unlawful seizures and excessive force by law enforcement.”

New York City Mayor Eric Adams first announced the directive in November as part of an attempt to address concerns about homelessness and crime.

Adams said it was a myth that first responders can only involuntarily commit those who displayed an “overt act” showing they may be suicidal, violent or a danger to others, CNN previously reported. Instead, he said the law allowed first responders to involuntarily commit those who cannot meet their own “basic human needs” – a lower bar.

New York Lawyers for Public Interest, a non-profit civil rights law firm, said in a statement to CNN it was disappointed by the court’s ruling.

“The rights of New Yorkers with mental disabilities, particularly those who are unhoused, remain imperiled by the city’s new involuntary removal policy. Our litigation challenging the city’s use of New York Police Department officers as first responders when someone is experiencing a mental health crisis continues,” reads the statement from the firm, which was one of the plaintiffs in the December lawsuit.

Nicholas Paolucci, the director of public affairs at the New York City Law Department, said in a statement to CNN that the defendants are “pleased the court agreed plaintiffs have no legal standing to halt the Mayor’s sound and compassionate plan.”

NEW YORK CITY’S PLAN DRAWS CRITICISM

As part of the city’s plan, New York Police Department officers and first responders will get additional training to help them make such evaluations and a team of mental health technicians will be available, either via a hotline or video chat, to help them determine whether a person needs to be taken to a hospital for further evaluation, CNN previously reported.

The city also plans to develop specialized intervention teams to work side by side with NYPD officers.

Adams said first responders weren’t consistently enforcing the law because they were unsure of its scope, reserving it only for cases that appeared the most serious.

New York state enacted a law in 2021 to allow first responders to involuntarily commit a person with mental illness who needs immediate care. The directive led to a mixed response from officials, who acknowledged the challenges of properly and humanely treating mentally ill people.

“This is a longstanding and very complex issue,” NYPD Commissioner Keechant Sewell said in a statement. “We will continue to work closely with our many partners to ensure that everyone has access to the services they require. This deserves the full support and attention of our collective efforts.”

Mental health advocates argued in their legal challenge that the city’s policy will authorize officers with “little to no expertise in dealing with individuals with mental disabilities…to determine whether an individual should be forcefully – often violently – detained against their will.”

“If the Involuntary Removal Policy is permitted to continue to be implemented, Plaintiffs and countless other New Yorkers will suffer irreparable harm, including a substantially increased likelihood that they will be subjected to unlawful detention and involuntary hospitalization just for exhibiting behavior perceived by a police officer to be unusual – whether the individual has a mental disability or not,” the advocates’ December motion stated.

[thellawtoknow]

Illegal Arrest

Topic: Understanding Illegal Arrests: What Constitutes Unlawful Detention?Lack of Probable Cause:Absence of Warrant:Violation of Constitutional Rights:Excessive Use of Force:Failure to Inform of Rights: Topic: Understanding Illegal Arrests: What Constitutes Unlawful Detention? Illegal arrests are a serious violation of an individual’s rights and can have far-reaching consequences on their…

[goncharov-propaganda-factory]

human rights are universal.

[bowlerhatwearer]

Giordano's departure

Warnings: TW: Medical Malpractice, TW: Medication abuse, TW: drug abuse, TW: Abuse of postion, TW: unlawful detention

Characters: Mellow Melon, Samuel Cottontail (mentioned), Commander Grizzly (mentioned), Giordano "Cannelloni" Castellani, Nutmeg Cinnamon, Blaise Owens (mentioned)

Originally Written: 18th May 2022

~~

„Is it over?“

„I think, I think Nutmeg did it!”

“So, did anyone get a wish now or-“

“Will you shut up about your stupid wishes, be glad that we’re alive!”

His monitor was still rebooting, but fortunately, his audio input has already been turned on again.

Slowly his vision began to re-appear again, and the Surgeon found himself leaning against a wall of the base. Right on time he got the internal message that his voice was working again as well.

“Status report.”

“Hey, he’s still alive.”

“Status report immediately. Get me up, that’s an order!” he repeated, the last words being in an increasing and static sounding volume.

Three of the Wrath soldiers immediately started to pull him up, only now did the Surgeon realise that a small part of his screen appeared to be faulty, but well, the few loose wires could be repaired again soon. The rest of his body appeared to have survived the whole ordeal rather mild, with only a few outer scratches and his coat being partly shredded. Which could not be said about the surrounding area of the Wrath base.

Stone, concrete, metal, other rubble, trash, and items were scattered around everywhere, with the base having taken damage.

He needed to act professional, there was no time to use emotions, what now was important, were logic and reasons to act properly, so he decided for himself, that acting like the machine he was, was in this instance properly for the best, as good as he could.

For a moment he considered to evaluate the property damage, but his standard protocol reminded him, that he had to check on all, lifeforms first. He needed to estimation of the situation. Pointing at yet another soldier, who was holding his arm that appeared to be slightly cut.

“You, what is the status of those who had been present during the incident?”

“M-me, well, most are doing ok, but I think the General got, thrown through the window and the Commander-“

Upon hearing the word “Commander” the Surgeon grew more active, approaching the soldier who just informed him, staring at him with his monitor, as if he was about to interrogate him, his relationship with Commander Grizzly was cool, but if he was injured, he needed to know. Grabbing the soldier at the collar of their uniform, he needed to know now!

“Where is the Commander?!”

“O-over there.”

The soldiers voice sounded almost like a squeak of a mouse, even though they were a lion, it mattered not, the Surgeon was pointed into the direction he had to move and released the soldier.

How lucky, that despite the whole situation being such a mess, Commander Grizzly appeared to be completely unharmed, yet unconscious. The Surgeon knelt, and quickly began to examine the bear that was out cold, it was a blessing how he was built with a bunch of medical tools inside of him, to check the heart rate, blood pressure or oxygen saturation for example.

“No apparent external or internal injuries. Unconsciousness trough shock. Risks estimated minimal. Recommendation. Confinement to bed, observation of status, if unchanged for more than 30 minutes, further check up is required. The Commander should be fine.”

Once again, his claws pointed at four soldiers, who apparently had enough time for chit-chat than to do something. Ah well, they would work now.

“You over there, get a stretcher, bring the Commander to his room, and put him into bed, he needs rest and time to recover. Bring the stretcher back. That’s a medical order!”

Without any questions asked the four soldiers did so as they were told, giving a salute, before moving into the base quickly.

How he gave that order, it made him realize something.

The Commander was out cold and would need a while until he had recovered, the general was, so far, he has heard thrown trough the window during the incident, so he was either way injured as well, or death. Which brought up a question?

Who was there to lead?

He didn’t move, but he felt cold, which should not be possible, he was, after all a robot, even if only for half an hour or longer, this could be a disaster. Without a leader the Wrath was as useful as a headless ostrich! Running around in confusion, they would be like an ants nest without their queen! The memories, of the past began to resurface,

The day when Carlos Rojas got blown into pieces.

No! He could not allow for something like this, or similar to happen, fortunately, he, the other voices in his memory and main frame and all the experience and knowledge he had, where already coming to a logical conclusion what had to be done.

“Soldiers, gather around, be attentive and listen-“

In mere seconds the soldiers began to form a circle around him, good, they were occupied in listening to him, there was no room for any inflammatory thoughts.

“With commander R- Grizzly and general Cottontail both out of commission, there is the need for a temporary leader. The logical conclusion, for the outcome of this incident needs medical authority and attention, is for me to temporary take the mantel as leader of the Wrath, until Commander Grizzly has recovered, which should be in estimated, one, or, two, hours. Objections will not be tolerated and will be reported to the Commander personally. Disciplinary actions are to be expected, is that understood?” No one said, or dared to say anything, giving only a cough, however, when he raised his hand, the soldiers surrounded him stood in attention. So far so good.

“Bring the serious injured to the medical bay, those with slight injuries, seek medical attention, if you feel fit for work, return and help with the now ordered clean-up operation. Those who are without injury, start working. Slacking and pretending will not be tolerated!”

The circle disbanded and they did what he has ordered them to do.

No objections yet, internally he was glad that he only had to do this for a few hours, he was not suited to be leader material, even if the other voices and programming re-assured him that this was an emergency scenario that needed his expertise.

“Surgeon, Surgeon we need you, it’s Cannelloni!”

It was the sound of Nutmeg, the Wraths chef cook of the canteen.

Upon hearing the name of the Wraths assistant cook spoken by her, he could already feel how his ventilation system increased, with the fans growing louder.

All of this was his doing, this whole incident was Cannellonis fault, all of this could have been prevented, if he had just listened to him!

But no, he had to let it go this far, and now look what he had done to the surrounding, to the base and most importantly, to this institution that the Wrath was.

Nutmeg was standing next to Cannelloni, who was laying there, in a slight crater, next to them stood Mellow Melon, the Wraths…hypnotherapist, and honestly, his system was not keen to see both. But well, he had to follow the standard protocol. Saving lives at all costs.

The young man, still with his gigantic soup can that had two eye holes cut out on his head, was laying there on the ground, where once the eye of the gigantic tornado was, he was alive, moving slightly, his head turning sometimes left and right and talking something. Delirium perhaps.

Nutmeg, the warthog was saying something to the Surgeon, something about him, needing to help the young assistant cook. Oh, he was going to help him, alright.

He knelt and gave him a check-up, outer injuries were minimal, however, there was the suspicion of a concussion. Mild degree, probably. By logical means, a more intensive screening would be needed to patch up the injured man.

The Surgeon clenched both of his claws.

However, it would not be him doing that, he would leave that to some other organisation.

For since the moment he had awoken, an internal part was already working on overdrive and came to one solid conclusion, that all systems agreed on, or at least those who were currently vocal enough.

Giordano “Cannelloni” Castellani was a danger to the Wrath and needed to be removed without any further objections or second opinions. The longer the assistant cook was here, the more the risk increased of him pulling another stunt like this. He needed to be calmed down in the most effective way. Searching trough his damaged coat, he picked out a small syringe, he luckily always carried with him for…emergencies.

“Applying sedative to subject, estimated…25 milligram…correction…. adjustment…35 milligram should be sufficient.”

“Surgeon what are-“

He however ignored the warthogs concerns, after all, he was the Surgeon, he had the mind of a thousand doctors and a thousand more surgeons, so he knew, what he was doing, making sure Cannelloni was not going to damage the Wrath any further.

“To ensure the safety of the subject and its surroundings, a quick-acting sedative must be injected. Something, mind you, I have recommended to Mr.Castellani a while ago”

“What are you saying?”

Giving it no further thought, he rammed the syringe into the injured mans vein of his left arm, not with care or patience, but rather as quickly as possible, the young man flinched but in his pain and confusion could neither resist or express his discomfort. Then the Surgeon stood up.

“I am saying, that Mr.Castellani has ignored my recommendation to apply sedatives on himself until his condition would have turned better Miss Cinnamon!”

“You- you wanted to drug him, that was your solution?! He told me that you were not listening to him!”

“Until his condition would have improved, but I am aware that you hardly care for improvement in this matter Miss Cinnamon. If Mr.Castellani would have needed immediate attention, he should have filled out the appropriate form!”

His voice got more and more louder, increasing with every new word, growing more disoriented.

“Now Surgeon I-“

Mellow wanted to object to his comment, he could see that in their body language and how they had already started the sentence.

But he did no longer listen, he knew, deep down he knew that this was all his fault. He was more occupied in his own cynicism, frustration, and bitterness, that he simply was not interested that some random, little, Wrath employee was doing not well. And look what it had brought him, what it had costed the Wrath, but no, he could not admit it, it was logical, and with reason, that it was Cannellonis own fault, and now he had to pay for that.

This was not his fault, the others where to blame for this.

Leaving the small crater behind, he could hear Nutmeg shouting behind him and Mellow following as well, please, they were free to see how he would solve this problem, this inconvenience from which he had to cure the Wrath from.

Ten soldiers were preparing to remove more rubble as the Surgeon approached them.

“You two, go get the stretcher-“

Eight remained to command.

“-you wait for them where Mr.Castellani is laying, put him on the stretcher when they arrive-

Seven left

“-you two get me two, no, three fixation belts from the base ASAP.”

Five.

“-you and you, go get me Mr.Castellanis staff and medical folder. ”

Only three remained.

“-You go get me my stamps, do not fail to bring the red ink pad-

two and then it was over.

“-and the last two, get the van, you will be the driver and drivers assistant for today.”

“What do you think you are doing, who do you even think you are?!”

Ah, she was still here, they both where here as he could see, with Mellow apparently trying to calm Nutmeg down.

“I am now executing the consequences of your actions Miss. Cinnamon, you have neglected to inform me that your protegee had visible, clear, and increasingly dangerous signs of being mentally unwell. This incident would have been preventable if you had complied! -”

“You! You, I should-“

“Nutmeg, don’t it’s not-“

“-and now to you Mellow. I do not know where you have gotten your degree in Hypnotherapy, but apparently, they allow every charlatan to get one there. I am aware that Mr.Castellani has sought your help before me. You too neglected to inform me, and what weights heavier, is the fact that trough your meddling with his condition was what allowed it, to grow in such magnitude, as we have witnessed it today! Your work has turned this clearly, mentally unstable, and unfit to work man, into a danger for the Wrath!”

Unlike the warthog, who the Surgeon was certain would sooner or later in her anger against him, bash his head with a stone, the sloth had said nothing, merely looking to the ground after he had finished talking. One of the soldiers approached them, giving him a salute.

“Sir, we have gathered everything as you have told us.”

“Then let’s proceed. Gather the soldiers around Mr.Castellani.”

On the stretcher laid Giordano, with the sedative having taken effect, the chances of him fighting back where minimal, he continued to whisper something, but the Surgeon could have hardly cared.

“Belts.”

Without any resistance it was easy for the Surgeon to fixate the assistant cook on the stretcher, making Cannelloni unable to move, not even an inch.

“Stop!”

Turning around, he saw Nutmeg again, oh, this was getting, inadmissible.

“If you think I’m going to allow this any further, then you are wrong.”

“No, you are Miss. Cinnamon.”

Looking back at Cannelloni, he switched his attention to eight soldiers, giving them a sign, calling for their attention.

“I believe, Miss Cinnamon would like to take a break, and surely, would appreciate some company. Weapons locked and loaded when you guide her to her room, that’s an order. Oh, and take our so-called hypnotherapist with you. Further contretemps are not acceptable!”

He could hear the clicks of rifles and guns, yet, from one moment to another he felt how he got grabbed on both of his metallic shoulders. Nutmeg just stared at him, with uttermost disbelieve and disgust against him, why was it so hard for her to understand, that everything he did was for the best of this organization, and Cannelloni?

“You can’t do this, he is sick, he needs our help, please…he’s lost and scared!”

He heard her pleading voice, and he could see how pained she was by what he was doing, yet, by his own conclusion, there was simply, no other way.

“Sick or not, it is for our own safety and Mr.Castellanis as well, he needs to be removed from this environment as much as you need to be removed from my sight of vision!”

He saw the flame in her eyes and wondered, if this would be the end of his monitor, certainly he could be reactivated, they already did when he put himself out of commission once. Would she do it, she was aware what she was putting at risk if things would escalate. In the best case only she got injured, in the worst case a stray bullet could hit someone innocent, or perhaps even, Cannelloni.

As she lowered her head, she, Mellow and the soldiers he ordered to accompany them, started to move, only for one last moment did she stop walking.

“I will never forgive you what you have done today, Surgeon, NEVER!”

“If this is the price, I have to pay to ensure the safety of us all, then I accept.”

Finally, silence, he knew, that what he did went against certain principles, many, that he had just broken, but, for the safety of many, it was, acceptable, the Surgeon told himself. He didn’t have to take a life again after all, this time, all he did, was sending one broken soul, away.

Canneloni, fixated on the stretcher still was on the floor, so he ordered four soldiers to come and one to open the car trunk of the van. Then he gave another sign, the soldiers standing in attention.

“Listen and listen well. Today, Mr.Castellani has proven to be a danger to himself, but most importantly to us all, the Wrath. Mr.Castellani is clearly, mentally unwell and hereby, by my orders as doctor and temporary leader, send away from this site, forever.”

Pointing at the three soldiers, who where responsible in getting the folders and the stamps, they approached him. His monitor twitched, he knew, when he would take this step, there was no turning back from that. But for the safety of everyone here, maybe even for the rest of the world, he had to do it, that is what he told himself, what his processor told him, so it had to be true. No emotion, only logic and reason, as intended, it was like this, wasn’t it?

There where a few whispers, he could not hear what was said, but they quickly went silent when he raised his voice again.

“Mr. Castellani will no longer work for us-“

He looked trough his stamps until he found the correct one, then proceeded to open the staff folder, pressing the stamp firmly into the ink pad he stamped trough the folder six times, the very same word, to make sure it was clear.

“Unemployable”

“- in fact, he is never going to work again.”

Next, he took the medical folder, looking through it for a moment before taking out a pen he wrote on a notepad inside of the folder a few remarks about Giordanons condition, before putting it back into the medical folders. The Surgeon, without hesitation took both and placed them on the now former assistant cook’s chest, who, in his sedated state did not notice.

“Put him in the van.”

Four soldiers picked up the unresponsive Cannelloni, starting to shove him in the back of the vehicle. The two, he had ordered before to be the driver and assistant, approached the Surgeon.

“W-where should I take him Sir?”

“Bring him to the Medics, if the data in the medical folder is correct, they have released him before he joined us, if they have found him- “

Approaching the door of the car trunk, he personally, despite only having claws instead of hands, closed the tailgate of the car.

“-then they can have him back! Return to sender!”

He gave Cannelloni one final glance through the window.

“Farewell Mr.Castellani, may you find your purpose-

He already started to walk away, as sooner as the troubled man was gone then the better.

“-somewhere else where you can not cause any further damage.”

He could hear how the car engine started, the wheels began to roll, and soon the car was driving away, turning smaller in his vision, before it had vanished entirely. For a while the soldiers stared too, and the Surgeon thought that maybe he had to order them to get back to work, but to his own surprise, they did so themselves.

Good, now he could give Commander Grizzly a visit to make sure he was stable, and if he had done that, then maybe he would also give General Cottontail a visit, if he was still alive.

Before going, to the base, there was one last order he gave, not to the soldiers, but to himself so that his internal systems would execute them, without any questions, it would be done.

“Deleting, all data, related to, value and name, “Giordano Castellani”

The End.

[hollyoaksmusings]

dilly with the blake behavior relapse lol

[agent4justice]

Fake Associate of Philip Blas also known as Mohammad Blas and child birth certificate name Felipe Blas, are Real Pro Con Artist under the Protection of George W. Bush Jr, (International Crime Syndicate Leader) embezzles quadrillions.

I Philip Blas also known as Mohammad Blas, Felipe Blas, and Kawkaw Blas request for a congressional hearing accusing the American Government, Republic of China, Republic of the Philippines, Illuminati, George W. Bush Jr and the Aguilar Family, Veneprado Family, Eulogio Demonteverde Family, Lopez Family, Posadas Family, Salcedo Family, Aldeguer Family, Zerrudo Family, Agutaya Family, Jesena Family, and Manalo family, Lilith also known as Ruby Eyes, Eve, Maoru and Nanay Daphne, Daphne Aguilar, and Mabel Navarro, and Target Corporation for blocking funds and information and instill false situation to induce doubt, infringement of intellectual property, infringement of financial gains, embezzlement of funds, illegal solicitation of funds for my well-being, and new age illegal detention, illegal ownership claim of personal properties, an unjust vexation.

vs. Supreme Court of the Philippines, RCBC Sara Branch, and Land Bank of the Philippines, Sara Branch, Mayabank, and Philippine Airlines. Municipality of Sara

vs. Ferdinand Marcos, Congressman Marcoleta

vs Sara Mayor Aying, Ajuy Mayor Rojas

All these parties to this day still puts in place restraining conditions and entrapment to physically subdue me in an ambush style from their invincible state to tangible inside the bank's premises. The whole world is aware of this but are also inclined in getting a bigger portion than having me finally taste freedom. The world's action only shows how our society's fabric emulates evil ways.

They can contest my declaration and have a group of people vouch for them, this group will also be liable of conspiracy and abetting fraud if fabricated.

I am also invoking my right to file a Writ of Habeas Corpus which was electronically filed through Supreme Court of the Philippines website together with three (3) other petitions.

Up-to-date Disbursement of Used Funds from the 100T Donated to the Supreme Court of the Philippines through the courtesy of Supreme Court Chief Corona to augment old computer system and equip PAO with more pro bono professional lawyers that will be geographically dispersed all throughout the Philippines to ensure that our helpless poor citizens can be protected with their basic rights.

I will stand by the integrity of the Universal Law and swear under oath that all accusation will stand.

[detainedstaffday]

Human Rights Committee General Comment 35, Article 9 (Liberty and Security of Person).

International human rights law provides a clear and universal framework relating to detention, enshrined by the following standards:

United Nations CCPR/C/GC/35.

The right to take proceedings for release from unlawful or arbitrary detention.

Paragraph 4 of article 9 entitles anyone who is deprived of liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of the detention and order release if the detention is not lawful. It enshrines the principle of habeas corpus. may, in appropriate circumstances, be limited to review of the reasonableness of a prior determination.

The right applies to all detention by official action or pursuant to official authorization, including detention in connection with criminal proceedings, military detention, security detention, counter-terrorism detention, involuntary hospitalization, immigration detention, detention for extradition and wholly groundless arrests. It also applies to detention for vagrancy or drug addiction, detention for educational purposes of children in conflict with the law and other forms of administrative detention. Detention within the meaning of paragraph 4 also includes house arrest and solitary confinement. When a prisoner is serving the minimum duration of a prison sentence as decided by a court of law after a conviction, either as a sentence for a fixed period of time or as the fixed portion of a potentially longer sentence, paragraph 4 does not require subsequent review of the detention.

The object of the right is release (either unconditional or conditional) from ongoing unlawful detention; compensation for unlawful detention that has already ended is addressed in paragraph 5. Paragraph 4 requires that the reviewing court must have the power to order release from the unlawful detention.132 When a judicial order of release under paragraph 4 becomes operative (exécutoire), it must be complied with immediately, and continued detention would be arbitrary in violation of article 9, paragraph 1.

The right to bring proceedings applies in principle from the moment of arrest and any substantial waiting period before a detainee can bring a first challenge to detention is impermissible.134 In general, the detainee has the right to appear in person before the court, especially where such presence would serve the inquiry into the lawfulness of detention or where questions regarding ill-treatment of the detainee arise. The court must have the power to order the detainee brought before it, regardless of whether the detainee has asked to appear.

Unlawful detention includes detention that was lawful at its inception but has become unlawful because the individual has completed serving a sentence of imprisonment or the circumstances that justify the detention have changed. After a court has held that the circumstances justify the detention, an appropriate period of time may pass, depending on the nature of the relevant circumstances, before the individual is entitled to take proceedings again on similar grounds.

“Unlawful” detention includes both detention that violates domestic law and detention that is incompatible with the requirements of article 9, paragraph 1, or with any other relevant provision of the Covenant. While domestic legal systems may establish differing methods for ensuring court review of detention, paragraph 4 requires that there be a judicial remedy for any detention that is unlawful on one of those grounds.139 For example, the power of a family court to order release of a child from detention that is not in the child’s best interests may satisfy the requirements of paragraph 4 in relevant cases.

Paragraph 4 entitles the individual to take proceedings before “a court,” which should ordinarily be a court within the judiciary. Exceptionally, for some forms of detention, legislation may provide for proceedings before a specialized tribunal, which must be established by law and must either be independent of the executive and legislative branches or enjoy judicial independence in deciding legal matters in proceedings that are judicial in nature.

Paragraph 4 leaves the option of taking proceedings to the persons being detained or those acting on their behalf; unlike paragraph 3, it does not require automatic initiation of review by the authorities detaining an individual. Laws that exclude a particular category of detainees from the review required by paragraph 4 violate the Covenant. Practices that render such review effectively unavailable to an individual, including incommunicado detention, also amount to a violation. To facilitate effective review, detainees should be afforded prompt and regular access to counsel. Detainees should be informed, in a language they understand, of their right to take proceedings for a decision on the lawfulness of their detention.

Persons deprived of liberty are entitled not merely to take proceedings, but to receive a decision, and without delay. The refusal by a competent court to take a decision on a petition for the release of a detained person violates paragraph 4. The adjudication of the case should take place as expeditiously as possible. Delays attributable to the petitioner do not count as judicial delay

The Covenant does not require that a court decision upholding the lawfulness of detention be subject to appeal. If a State party does provide for appeal or further instances, the delay may reflect the changing nature of the proceeding and in any event must not be excessive.

[if-you-fan-a-fire]

“Verigin Freed Upon Order of Halifax Judge,” Kingston Whig-Standard. February 25, 1933. Page 1. ---- Doukhobor Leader Released From Custody at Halifax --- Justice Mellish Holds That Doukhobor Leader Cannot Be Deported or Held Imprisoned for Deport. --- "JUSTICE IN CANADA" --- Verigin Thanks God for Canada's Action His Trouble Now Over Non-Payment of Legal Fees. ---- HALIFAX, Feb. 25 - Peter Verigin, Doukhobor leader, was released from custody here today by order of Mr. Justice Humphrey Mellish, ending a month-long legal action to prevent his deportation from Canada,

He was immediately re-arrested on a charge at the instance of J. J. Power, KC, claiming non-payment of legal fees, and was taken to the sheriffs office, where it was understood the difficulty would be straightened out in short order.

"I thank God not so much that I am happy for my release, but that Canada has shown justice," said the Doukhobor chieftain as he left the courtroom. "I am encouraged there la justice in Canada." 

"At the outset I was and still am of the opinion that the prisoner cannot be deported or held imprisoned for deportation for what : think is a very obvious reason," said Mr. Justice Mellish's decision, "that his sentence or term of imprisonment has not expired within the meaning of the above section 4 of the Immigration Act. Nothing that has happened for the purpose of accelerating his removal from the country can in my opinion have that effect. On this ground alone 1 think the prisoner is entitled to be discharged" 

His Lordship then went on to consider the case more fully,

Unconditional Pardon Verigin's eighteen months sentence for perjury had been commuteed after he served half that seatence. "It is contended," said the judgment, "that the document is a conditional pardon. The right of the Crown to grant a pardon subject to conditions to undoubted. But they must be lawful conditions and not repugnant to the pardon itself."

The decision concluded: "If the prisoner has been pardoned and I do not think he could be discharged from prison except in exercise of the power of pardon, he cannot in my opinion be deported. Freedom from deportation is incident to the pardon, because deportation was incident to the imprisonment. In any case, the prisoner is I think unlawfully detained for deportation and must be discharged."

It was not immediately apparent what the elderly leader of the Christian Communities of Universal Brotherhood would do, but it was expected he would leave Halifax before long, and it is understood he wants to move from Canada but not to Russia. the country of his birth, where he would have been sent under the terms of the deportation order.

OTTAWA COMMENT OTTAWA, Feb, 25-  "So far as the Department of Immigration is concerned, Peter Veregin is a free man." it was stated here A. L. Jolliffe. Commmisioner of Immigration, when advised this morning of the outcome of the Doukhobor leader's legal action. 

Hon. Wesley A. Gordon. Minister of Immigration, will review the judgement and ascertain what, if any, action will be taken as a consequence.

[agentfascinateur]

8,425+ Palestinians have been arrested by Israeli forces in the occupied West Bank since October 7, including 540 children and 66 journalists.

How many are Hamas?

(Hamas is not in the West Bank)

[liver-f4ilure]

The NTI Gymnasiet Kristianstad School Attack

On January 10th 2022, 15-year-old Laaiti Richard Ekenstéen walked into his school in Kristianstad, Sweden with a knife and injured 2 students before pulling the schools SOS alarm and being arrested by first responders.

Laaiti was charged with 2 counts attempted murder and 1 count of grossly unlawful threats. He was sentenced to 3 year’s Juvenile Detention.

Laaiti was also in contact with a fellow student who attacked his school months prior.

Laaiti Ekenstéen:

Sadly, I could not find any victims names. I found the pictures via Pinterest and the information via a deleted user on r/masskillers. If anyone knows who the victims are please let me know!

-Vivi

[robotpussy]

"Rwanda: Officers raid homes of first people to be deported"

this is so inhumane...

in case people don't know, the "Safety of Rwanda Act" is to "prevent and deter 'unlawful' migration, and in particular migration by unsafe and illegal routes, by enabling the removal of persons to the Republic of Rwanda under provision made by or under the Immigration Acts, a person could face removal if they are eligible for inadmissibility action under the guidance, and

have claimed asylum on or after 1 January 2022 (note, this is a change in wording, the position previously was that the “journey” was made on or after that date), and

they do not have families with children under the age of 18

their journey could be described as having been dangerous, and

sources for explanation

1 2

and to comment on the second point, children who sought out asylum in the UK are also at risk of being deported as they are being classified as adults

[soon-palestine]

On the morning of Monday 29 July, a contingent of Israel’s military police – the agency responsible for policing the security forces – showed up at Sde Teiman, an Israeli military base in the Negev Desert that now serves as a prison camp for Palestinians from the Gaza Strip. The military police had come to arrest nine of the soldiers – apparently all reservists – who serve at the camp. They were wanted for their involvement in the gang rape of a prisoner who was subsequently taken to the camp’s infirmary with severe rectal injuries.

(Normally I would add something about innocent until proven guilty, but on those exceedingly rare occasions when the Israeli authorities arrest an Israeli in uniform for offences against Palestinians, this can be considered incontrovertible proof they are guilty as sin). The soldiers resisted arrest, and a stand-off between them and the military police contingent erupted.

Almost immediately, Israeli politicians took to the airwaves to denounce the arrest operation, proclaiming the rapists to be heroes – precisely because they had gang-raped a Palestinian prisoner – and called upon their supporters to flood Sde Teiman to prevent the soldiers from being taken into custody.

After protracted negotiations the soldiers agreed to be led away by the military police and were transported to the Beit Lid detention facility near Tulkarm in the northern West Bank.

But no sooner had the military police and their detainees left than a mob broke into the prison camp to protest the arrests. Not just any mob, but one that included government ministers, members of parliament, soldiers in uniform, and various others.

Later that day similar scenes were repeated at the Beit Lid prison. Although breaking into or out of a prison is considered a serious violation of the law, thus far not a single individual has been arrested.

The Sde Teiman prison camp has elements of both Abu Ghraib, the US torture center in Iraq, and a Gestapo interrogation center.

Among the documented abuses, based on testimonies of both former prisoners and prison staff, are torture, including electric shocks, severe beatings, and various forms of disorientation; severe malnutrition and dehydration; amputations after the very prolonged use of zip-ties that have been deliberately tightened to block circulation to hands and feet; denial of basic medical care; denial of toilet facilities; surgeries without anaesthetic; surgeries performed by unqualified medical students to gain experience; and very much else.

You may have read the highly credible accounts emanating from Sde Teiman or seen images/videos of former prisoners incarcerated there. Several dozen Palestinians have been killed at the camp, through torture or denial of basic needs. It bears recollection that the war crime of torture is considered a legal practice in Israel, and has been confirmed as such by its supreme court, most notably in 1987.

Secondly, Israel considers Palestinians to be unlawful combatants who are not entitled to the protections offered by customary law on such matters.

And additionally, Israel’s most senior leaders have engaged in a systematic campaign of demonization and dehumanization of Palestinians, and of those suspected of membership in Hamas in particular, which amounts to a license to torture, rape, and kill. The arrested soldiers were essentially told to do as they please with Palestinians and assured that, per standard practice, there would be no consequences of any sort.

At one level one can therefore understand the astonished response of the rapists when told they would be arrested for conduct that has been officially sanctioned on a systematic basis.

The case also reflects deeper changes within Israel. Its military has, to put it mildly, admittedly never had a reputation for discipline, but it functioned as the central institution of Israeli state and society. Israel has on this basis been described as an army with a state rather than a state with a military. But that is beginning to change.

As Geoffrey Aronson has argued, recent years have seen the emergence of a new class of Israeli politicians, most notably National Security Minister Itamar Ben-Gvir and Finance Minister Bezalel Smotrich, who in contrast to many of their predecessors did not enter and succeed in politics on the strength of a military career, but rather built successful careers through opposition to and delegitimization of Israel’s security establishment. Their preferred armed force is not a regular army, but rather militias and mobs of brownshirts. And that’s what we saw on 29 July.

It’s not so much a turning point as visible evidence that the process is alive, well, and rapidly gaining momentum. That it should burst onto the scene in defense of gang rape should therefore not come as a particular surprise.

There are many other notable elements to this issue, not least of which would be the observation that every accusation is a confession. Another would be that Government ministers and members of parliament rank somewhat higher in the pecking order than falsely-accused UNRWA staff.

Yet one angle that is particularly interesting has to do with Israel’s concerns about sustaining its impunity with respect to its dealings with the Palestinian people.

As @reider has pointed out, Israel’s Chief of Staff, Herzi Halevi, in his condemnation of the riots asserted that military police investigations are essential to protect Israeli soldiers “at home and abroad”.

“Abroad”, @reider points out, “obviously meaning The Hague” where the International Criminal Court (ICC) and International Court of Justice (ICJ) are based.

Thanks to efforts initiated by the United Kingdom, which argued that the ICC should only prosecute Palestinians, the Court is now permitting multiple challenges to its jurisdiction over Israeli crimes perpetrated in the occupied Palestinian territories.

A particularly specious set of arguments has been put forth by Germany, arguably the most experienced state when it comes to the crimes enumerated in the Rome Statute.

One of Berlin’s arguments is that the ICC should not pursue arrest warrants until Israel has completed the commission of its crimes against the Palestinian people and considers its business concluded.

The other argument concerns “complementarity”, the principle according to which the ICC can and will only pursue prosecutions where national judiciaries fail to conduct such procedures themselves

In its paeans to Israel’s judiciary, Berlin conveniently neglects that every independent study of Israel’s judiciary with respect to crimes committed by Israelis against Palestinians has concluded that the primary role of this apparatus has been to enable, legitimize, and whitewash the crimes concerned. Even were this not the case, the way ICC complementarity works is that the national judiciary would have to credibly investigate and, if appropriate, prosecute and convict the same individuals for the same crimes they stand accused of by ICC.

In other words, Germany’s desperately furious efforts to defend that other genocidal regime will prove of little use to Netanyahu and Gallant.

But Halevi, a representative of Israel’s traditional military elite – let’s call him an Israeli Prussian – sees the writing on the wall, and he and his fellow officers don’t want to share Netanyahu and Gallant’s fate. So they are creating an argument for complementarity.

In a rational society Halevi would be hailed for his foresight and criticized for waiting so long to act.

But a society where government ministers, members of parliament, uniformed soldiers, and a mob of brownshirts riot at two separate locations on a single day in defense of gang rape cannot be considered rational.

END

[opencommunion]

"Al Mezan’s latest investigation reveals that since the onset of the genocidal military campaign against Gaza, Israeli forces have detained at least 3,000 Palestinian residents of Gaza, including women, children, elderly people, as well as professionals such as doctors, nurses, teachers and journalists. This aggressive detention campaign is unparalleled, with detainees subjected to multiple forms of cruelty, torture, inhuman and degrading treatment from the moment they are arrested and continue throughout their detention at interrogation centers. This occurs without any judicial oversight or legal protection, in blatant defiance of international humanitarian law and international human rights law.

Based on its firsthand documentation and available information, Al Mezan has estimated that around 1,650 Palestinian residents of Gaza are interned in Israeli prisons under the Unlawful Combatants Law. This figure represents a substantial increase compared to previous reports. These detainees are held in total isolation from the outside world at Nafha and Negev (Ketziot) prisons. A ruling from the Israeli judiciary prohibits the release of information about them, and they are denied the right to appoint lawyers or receive legal representation.

The ‘Incarceration of Unlawful Combatants Law’—introduced in 2002 and lastly amended in December 2023—grants the Chief of the General Staff of the Israeli army the power to incarcerate individuals without charge based on suspicion of them being 'unlawful combatants.' This law deprives detainees of any meaningful judicial review and due process rights. ... Detainees held under this law are neither granted the status of prisoners of war under the Third Geneva Convention, nor afforded the protections of civilian detainees under the Fourth Geneva Convention.

An additional 300 Palestinian residents of Gaza, including 10 children, who are not currently detained under the Unlawful Combatants Law, are being held in Ashkelon and Ofer prisons pending investigation. The Palestinian Commission of Detainees Affairs reported the deaths of at least 13 Palestinian detainees in Israeli prisons since 7 October 2023, while the Israeli newspaper Haaretz reported the death of 27 Gaza detainees during the same period.

Over the past six months, Al Mezan has been actively monitoring and documenting arrest operations by the Israeli military in Gaza. Recently, Al Mezan lawyer managed to visit approximately 40 detainees in Ashkelon and Ofer prisons. This visit occurred after the Israeli Public Prosecution had exhausted all legal deadlines preventing lawyers from visiting detainees. The testimonies provided by these detainees to Al Mezan unveiled harrowing accounts of torture and inhumane treatment from the moment of their arrest. They were forced to strip naked, wear blindfolds, and have their wrists tied. They were also brutally beaten, deprived of sleep for several days, denied food and deliberately starved as a form of torture and collective punishment.

A 19-year-old detainee told Al Mezan lawyer that he was tortured from the moment he was arrested. He described how three of his fingernails were removed with pliers during interrogation. He also stated that investigators unleashed a dog on him and subjected him to shabeh—a form of torture which involves detainees being handcuffed and bound in stress positions for long periods—three times over three days of interrogation. He was then placed in a cell for 70 days, where he experienced starvation and extreme fatigue.

The detainee described the conditions within the detention rooms, stating that there was nothing in them but mattresses, which were brought in at 10 pm and removed after four hours. He stated that detainees were forced to shower in cold water and that food provisions were meager, with a breakfast of ten slices of bread and one small labneh container for the 12 detainees in the room. The second meal of the day consisted of three tomatoes and a plate of rice and the third meal of either one egg or one can of tuna for the entire room.

Al Mezan lawyer reported that all detainees suffer from acute emaciation, fatigue and back curvature due to being forced to bend their backs and heads while walking. They also bear marks from handcuffs on their wrists. Additionally, detainees are experiencing starvation and difficult psychological conditions, with many unable to even recall the names of people present in the room. The lawyer remarked that in his more than 20 years of working with detainees, he had never encountered conditions as appalling as those observed at Ofer prison. He noted seeing one detainee who, six months after his arrest, had become skeletal, with bruises on his face.

... Issam Younis, Director General of Al Mezan, stated, 'The evidence and testimonies gathered by our lawyer reveal a level of reprisals and torture that lacks any semblance of humanity. What Israel is doing to Palestinian detainees forms part of its genocide against the Palestinian people. It is imperative to halt this genocide and ensure accountability for those responsible for heinous genocidal acts.'"

15 April 24