Tag Archives: human rights

Inside the Landmark Court Case That Will End Indefinite Solitary Confinement in California

Mother Jones

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On Tuesday, 10 California inmates succeeded in stopping the decades-long use of indefinite solitary confinement in the state’s prison system. In a landmark settlement to a class-action suit they filed in 2012, California must now institute widespread reforms—which advocates hope will be a catalyst for change across the nation.


Solitary in Iran Nearly Broke Me. Then I Went Inside America’s Prisons.


Interactive: Inside a Solitary Cell


What Extreme Isolation Does to Your Mind


Documents: 7 Surprising Items That Get Prisoners Thrown Into Solitary


Maps: Solitary Confinement, State by State


VIDEO: Shane Bauer Goes Back Behind Bars at Pelican Bay

As part of the settlement, prison officials can isolate an inmate only if he or she commits a serious or violent infraction. Any perceived rule violation must be then proven in a hearing. Even those who do end up housed in the so-called Secure Housing Unit (SHU) will have different living quarters. The “high-security but nonisolation environment” will allow prisoners movement without restraints, the same amount of time away from their cells as the general prison population, access to educational and recreational programs, and physical contact with their visitors.

The settlement also bars the prison from housing inmates in these units for more than 10 years and will officially put an end to indeterminate stays. Instead, there will be a two-year program that provides incremental steps with increasing privileges to return to the general population.

Most inmates currently serving time in solitary are expected to qualify for removal under the settlement agreement—including all who have served more than 10 years—and they will be transitioned out over the next year.

“It is a remarkable feat of political organizing. This whole movement and the result is because of their collective action,” said Alexis Agathocleous, counsel on the suit and the deputy legal director at the Center for Constitutional Rights. “It’s a huge step forward, in terms of how solitary confinement is used in California, but I really think it also sets up the model for how reform can occur around the country.”

As my colleague Shane Bauer wrote in an award-winning 2012 feature, thousands of inmates idle alone inside small concrete cells within the Security Housing Unit at California’s notorious Pelican Bay State Prison. Confined to the windowless rooms for 22.5 hours a day, prisoners in solitary are allowed only a short daily reprieve from their cells for exercise, inside another small cement room that is equipped with a camera to monitor their activities.

Gabriel Reyes spent more than 17 years living this way, without access to direct sunlight, physical contact with another person, rehabilitation and education programs, and even phone calls from his family. “Unless you have lived it, you cannot imagine what it feels like to be by yourself,” he wrote in 2011, “between four cold walls, with little concept of time, no one to confide in, and only a pillow for comfort—for years on end. It is a living tomb.”

Reyes ended up at Pelican Bay after burglarizing an empty house in 1995. It was his third conviction, and, under California’s “three strikes” law, it landed him 25 years to life. But it wasn’t this crime—or any other—that got him thrown into the SHU. Like many of the more than 1,100 prisoners housed there, Reyes was put in solitary simply for being suspected of being part of a gang.

Using the “Predictive Behavior Model,” prison officials could isolate inmates for just about anything they thought showed signs of gang involvement: associating with the wrong person, having certain kinds of tattoos, or even reading books and poetry that officials deemed suspect was enough to land a prisoner “in the hole.” And, at Pelican Bay, you could stay there for the rest of your life.

Researchers have documented the devastating and permanent mental- and physical health detriments caused by isolation, and, according to a 2013 Government Accountability Office report, there’s no evidence that the use of solitary confinement makes prisons safer. Still, around 80,000 inmates are currently housed in solitary units around the country, costing tax payers in the process: Pelican Bay spends an additional $12,300 per inmate per year.

Reyes has been fighting to change the system for years, along with many other inmates who have endured long stints in the SHU. After coordinating by talking through pipes or yelling from cell to cell, he and nine other inmates—who have each spent more than a decade in solitary—launched two hunger strikes and were eventually joined by more than 12,000 inmates across California.

Finally, in 2012, with the help of a legal team that included support from the Center for Constitutional Rights and California Prison Focus, the group of inmates decided to take legislative action—and now indefinite solitary confinement may be done with for good.

The prisoners themselves, including many of those whose suit brought about this settlement, will now be able to oversee its implementation. As inmate representatives they will also regularly meet with California prison officials to offer insights into prison conditions and programs.

While this settlement is a huge win in the fight to put an end to solitary confinement, advocates emphasize the battle is not over.

“It is a really big deal—and something that we hope will act as a tipping point,” said attorney Charles Carbone, co-counsel on the suit. “I am hoping what we did here in California not only cures the issue of solitary confinement and the practice of isolating prisoners, but also starts or leads a larger conversation about the prison epidemic.”

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Inside the Landmark Court Case That Will End Indefinite Solitary Confinement in California

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A Syrian Photographer Survives to Show His Country’s Destruction

Mother Jones

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Mahmoud al-Basha wore a camera around his neck and an easy smile when I first met him in southern Turkey in the summer of 2014. Four months earlier, he had escaped a kidnapping attempt by an armed group in Syria allegedly associated with the Al Qaeda affiliate Jabhat al-Nusra. Basha and British reporter Anthony Lloyd had been sold out by a rebel commander they’d come to trust, taken at gunpoint, and stuffed into the trunk of a car. Basha seized an opportunity to break free, kicked open the trunk, and fought off his captors.

Eventually, fighters from the Islamic Front, a rebel group that controlled much of northwestern Syria, helped Basha and Lloyd reach the Turkish border. It was the second time Basha had been kidnapped, if you don’t count the three months of torture he endured in one of Assad’s jails.

Four years earlier, when Syria’s revolution began, Basha had rallied in the streets during the first demonstrations against Syrian president Bashar Al-Assad. His activism led to him getting kicked out of his university in Homs and being imprisoned by the Assad regime. He then returned to his hometown of Aleppo to document the war that has now claimed more than 210,000 lives and turned another 4 million Syrians into refugees. He used hidden cameras, formed secret groups of activists and citizen journalists, and helped establish the Aleppo Media Center to provide the rest of the world with a rare glimpse of the carnage in Aleppo: government barrel bombs falling on homes, children torn apart by explosives, a man beheaded by ISIS militants in a case of mistaken identity.

“#Syria Before the war there were about 2,500 doctors in #Aleppo … today are just 100 …” March 12, 2015 Mahmoud al-Basha

Aleppo has “completely changed,” he says. “The city’s neighborhoods are devastated because of daily shelling and the use of barrel bombs by the Assad regime.” Amid the horror of the war, Basha also focused on the White Helmets, a group of volunteer rescuers who tunnel into bombed-out buildings to save the people trapped inside. He also turned his lens to children, who “have lost all kinds of fun and happiness in childhood” but still have “big dreams after the end of the war.”

After four years of covering the war, Basha has moved to Gaziantep, Turkey, where he works as a fixer for foreign journalists along the border with Syria. He recently returned to Syria, but to be married, not to work.

When he was kidnapped last year, Basha lost his entire photo archive. Below is a selection of images he took and posted to Twitter during his time covering the war in Syria.

“#Syria The dolls in a normal world represent the life …. the joy … in Syria represent death.” February 16, 2015 Mahmoud al-Basha

“#Douma_Exterminated #Syria In Douma today: 56 killed by #Assad airstrikes.” February 10, 2015 Mahmoud al-Basha

“#Syria #Aleppo White Helmets of race to the danger to the aid of those in need …@SyriaCivilDef.” September 22, 2014 Mahmoud al-Basha

“#Aleppo Children take on the task of bringing supplies home…” August 11, 2014 Mahmoud al-Basha

“#Syria SNHR has documented the killing of 130 people yesterday, August 3, 2014 …” August 4, 2014 Mahmoud al-Basha

“#Aleppo Rescuers continue 2 search for bodies amid the rubble of more homes destroyed in the latest regime airstrikes.” July 31, 2014 Mahmoud al-Basha

“Today in #Syria 41 people get killed including two women and two children by ASSAD shelling bomb …” April 19, 2015 Mahmoud al-Basha

“In a normal country used to transport building materials … #Syria is used to carry the dead and wounded.” April 11, 2015 Mahmoud al-Basha

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A Syrian Photographer Survives to Show His Country’s Destruction

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Texas Authorities Just Released a Detailed Narrative of Sandra Bland’s Time in Custody

Mother Jones

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Officials in Texas on Friday released two crucial documents in the ongoing investigation into to the death of Sandra Bland, the African American woman who was found dead in a Texas jail July 13, three days after her controversial roadside arrest. Bland’s autopsy and custodial death report come amid doubts from her family about the official story of her death, namely that she hung herself. The autopsy results line up with the version of events that officials have made public so far: there were no signs of struggle on her body that would indicate her death was the result of a violent assault. The custodial death report provides a detailed narrative, written by police, related to Bland’s arrest and entry into the jail. Read the full reports below.

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Texas Authorities Just Released a Detailed Narrative of Sandra Bland’s Time in Custody

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Another Day, Another Sickening New Video of Police Brutality

Mother Jones

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A disturbing video taken in New York City shows police punching and beating a man who greeted the officers with his hands up.

The July 7 video, obtained and published by the New York Daily News, shows Thomas Jennings standing at the counter of a convenience store, raising his hands in surrender. A police officer approaches with a baton in his right hand and starts pushing him in the chest with his left. Jennings begins to back up with his hands in the air, when a second officer rushes in and starts punching Jennings in the head. The two officers then begin to handcuff Jennings’ hands behind his back. After cuffing Jennings, one officer hits him in the back with the baton and uses his elbow to drive Jennings’ face into the counter.

Jennings was arrested and accused of robbery, menacing, larceny, possession of stolen property, possession of a weapon, and resisting arrest, according to the criminal complaint obtained by Mother Jones. He was held without bail until July 13, and was then released.

According to the Daily News, the Brooklyn District Attorney’s Office and the NYPD are both reviewing the incident.

The incident apparently began at another store, where Jennings and another man tried to buy two slices of pizza. Jennings told the paper that he was a dollar short, so he stepped outside to ask someone for a quick loan. After he left, the other man allegedly pulled out a switchblade and told the employee that they weren’t going to pay for the pizza. Then both men fled. Police tracked Jennings to another store, where the confrontation took place.

“It’s horrendous what they did to him,” Amy Rameau, Jennings’ lawyer, told the Daily News. “He had his hands up. He didn’t pose a threat to anyone in that store. It was an absolute use of excessive force.”

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Another Day, Another Sickening New Video of Police Brutality

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Al Franken Wants to Ban Bullying of LGBT Students. Will Republicans Let Him?

Mother Jones

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Every congressional session for the past five years, Sen. Al Franken (D-Minn.) has introduced legislation to protect LGBT students from harassment and bullying at public schools. Every time, it hasn’t so much as received a vote on the Senate floor. But on Tuesday, Franken thinks his long-suffering bill might finally win passage.

Since 2010, Franken has introduced the Student Non-Discrimination Act, a simple measure that would prohibit discrimination based on gender identity or sexual orientation—just as schools are already required to prevent discrimination due to sex, religion, or race. School administrators would be “expected to step in and set a policy that kids can’t do this,” Franken said in an interview with Mother Jones on Monday. “They can’t bully kids because they’re LGBT. If they do, they’ll be told not to and face disciplinary action just like a kid who bullies kids because they’re black, or because they’re Asian, or because they have a disability.”

It wouldn’t be just kid-on-kid harassment that Franken’s bill would ban; school officials themselves wouldn’t be able to treat LGBT students differently based on their identities. Public schools would no longer be able to bar students from attending prom with a same-sex date, for example.

According to his Franken’s office, the measure is schedule to be voted on Tuesday as an amendment to the Senate’s bill to amend No Child Left Behind. “In the last Congress we got 64 votes in the Senate for ENDA—that’s the Employment Non-Discrimination Act—and that is basically setting the same rights to adults that here we’re trying to extend to kids. This, to me, is a lower bar. I think that we can do this,” Franken says. “I think that it will be a close vote, the make-up of the Senate has changed since the last Senate, but I don’t quite understand why my colleagues would not extend these rights to children.”

Despite that optimism, it’s unclear whether enough Republicans will line up to support Franken’s measure on Tuesday. So far just one Republican, Sen. Mark Kirk of Illinois, has signed on as a co-sponsor. “I’m going to be certainly lobbying my colleagues and try to convince them that we’re senators, but we’re also grown-ups, and we should be there for these kids,” Franken says. “Think about your own kid, going to school with anticipation or going to school with fear.”

During a speech on the Senate floor Monday afternoon, Franken offered a litany of statistics showing why LGBT students need extra protection from harassment. About three out of four LGBT students reported verbal harassment in a 2013 National School Climate survey. From that same study, 35 percent said they suffered a physical assault at school, and almost a third missed at least a day of school within the month of the survey due to fear for their safety. “You can’t learn when you’re afraid, when you dread going to school,” Franken told Mother Jones. He says he became fully invested in solving the problem after a raft of suicides of LGBT student and other bullied teenagers hit the Anoka-Hennepin County school district in Minnesota from 2009 to 2011.

Even if Franken’s amendment passes the Senate, it’d still have to clear the House during reconciliation, when Congress will try to merge competing education reform bills. Colorado Democrat Jared Polis put forward the same measure when the House debated a reauthorization of the education bill last week, but Republican leaders in the chamber declined to put it up for a vote. But Franken is hopeful, he says, since the White House has been “very supportive” of the measure and would help push it during reconciliation.

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Al Franken Wants to Ban Bullying of LGBT Students. Will Republicans Let Him?

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Document Reveals CIA May Have Violated Its Own Policy Against Human Experimentation

Mother Jones

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The CIA’s use of waterboarding and other forms of torture in recent years may have violated one of the intelligence agency’s own rules regarding human experimentation, according to a recently declassified CIA document.

Document AR 2-2, titled “Law and policy governing the conduct of intelligence activities,” was obtained under the Freedom of Information Act by the American Civil Liberties Union and published on Monday by the Guardian. Dating back to 1987, but still in effect today, the document prohibits the CIA from conducting research on human subjects without those subjects’ informed consent. Physicians and human-rights experts interviewed by the Guardian said the CIA may have crossed the line into human experimentation by requiring doctors to be present during the so-called “enhanced interrogation techniques” of its torture program, in part to ensure that detainees had the physical resiliency to withstand further abuse. It seems highly unlikely that detainees who were subjected to waterboarding, rectal feeding, and mock executions consented to participate in those procedures.

According to the ACLU, other sections of the document govern CIA activities including surveillance of Americans, contracts with academic institutions, and relations with the media. For a full analysis, check out the Guardian‘s report, or read the document below (see page 18 for details on human experimentation). And if you can’t quite remember the shocking details of the Senate Intelligence Committee’s report last December on CIA torture, watch a refresher here, courtesy of John Oliver and Helen Mirren.

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Document Reveals CIA May Have Violated Its Own Policy Against Human Experimentation

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Republicans Trashed Democracy in Michigan. Now They Want To Trash It in Your State, Too.

Mother Jones

This story first appeared on the TomDispatch website. Photos and reporting by Eduardo García

Something is rotten in the state of Michigan.

One city neglected to inform its residents that its water supply was laced with cancerous chemicals. Another dissolved its public school district and replaced it with a charter school system, only to witness the for-profit management company it hired flee the scene after determining it couldn’t turn a profit. Numerous cities and school districts in the state are now run by single, state-appointed technocrats, as permitted under an emergency financial manager law pushed through by Rick Snyder, Michigan’s austerity-promoting governor. This legislation not only strips residents of their local voting rights, but gives Snyder’s appointee the power to do just about anything, including dissolving the city itself—all (no matter how disastrous) in the name of “fiscal responsibility.”

If you’re thinking, “Who cares?” since what happens in Michigan stays in Michigan, think again. The state’s aggressive balance-the-books style of governance has already spread beyond its borders. In January, New Jersey Governor Chris Christie appointed bankruptcy lawyer and former Detroit emergency manager Kevyn Orr to be a “legal adviser” to Atlantic City. The Detroit Free Press described the move as “a state takeover similar to Gov. Rick Snyder’s state intervention in the Motor City.”

And this spring, amid the hullabaloo of Republicans entering the 2016 presidential race, Governor Snyder launched his own national tour to sell “the Michigan story to the rest of the country.” His trip was funded by a nonprofit (fed, naturally, by undisclosed donations) named “Making Government Accountable: The Michigan Story.”

To many Michiganders, this sounded as ridiculous as Jeb Bush launching a super PAC dubbed “Making Iraq Free: The Bush Family Story.” Except Snyder wasn’t planning to enter the presidential rat race. Instead, he was attempting to mainstream Michigan’s form of austerity politics and its signature emergency management legislation, which stripped more than half of the state’s African American residents of their local voting rights in 2013 and 2014.

As the governor jaunted around the country, Ann Arbor-based photographer Eduardo García and I decided to set out on what we thought of as our own two-week Magical Michigan Tour. And while we weren’t driving a specially outfitted psychedelic tour bus—we spent most of the trip in my grandmother’s 2005 Prius—our journey was nevertheless remarkably surreal. From the southwest banks of Lake Michigan to the eastern tips of the peninsula, we crisscrossed the state visiting more than half a dozen cities to see if there was another side to the governor’s story and whether Michigan really was, as one Detroit resident put it, “a massive experiment in unraveling US democracy.”

Stop One: Water Wars in Flint

Just as we arrive, the march spills off the sidewalk in front of the city council building.

“Stop poisoning our children!” chants a little girl as the crowd tumbles down South Saginaw Street, the city’s main drag. We’re in Flint, Michigan, a place that hit the headlines last year for its brown, chemical-laced, possibly toxic water. A wispy white-haired woman waves a gallon jug filled with pee-colored liquid from her home tap. “They don’t care that they’re killing us!” she cries.

A Flint resident at the march demanding clean water. Eduardo García

We catch up with Claire McClinton, the formidable if grandmotherly organizer of the Flint Democracy Defense League, as we approach the roiling Flint River. It’s been a longtime dumping ground for the Ford Motor Company’s riverfront factories and, as of one year ago today, the only source of the city’s drinking water. On April 25, 2014, on the instruction of the city’s emergency manager, Flint stopped buying its supplies from the Detroit Water and Sewerage Department and started drawing water directly from the river, which meant a budgetary savings of $12 million a year. The downside: people started getting sick.

Since then, tests have detected E. coli and fecal bacteria in the water, as well as high levels of trihalomethanes, a carcinogenic chemical cocktail known as THMs. For months, the city concealed the presence of THMs, which over years can lead to increased rates of cancer, kidney failure, and birth defects. Still, it was obvious to local residents that something was up. Some of them were breaking out in mysterious rashes or experiencing bouts of severe diarrhea, while others watched as their eyelashes and hair began to fall out.

As we cross a small footbridge, McClinton recounts how the city council recently voted to “do all things necessary” to get Detroit’s water back. The emergency manager, however, immediately overrode their decision, terming it “incomprehensible.”

“This is a whole different model of control,” she comments dryly and explains that she’s now working with other residents to file an injunction compelling the city to return to the use of Detroit’s water. One problem, though: it has to be filed in Ingham County, home to Lansing, the state capital, rather than in Flint’s Genesee County, because the decision of a state-appointed emergency manager is being challenged. “Under state rule, that’s where you go to redress grievances,” she says. “Just another undermining of our local authority.”

In the meantime, many city residents remain frustrated and confused. A few weeks before the march, the city sent out two notices on the same day, packaged in the same envelope. One, printed in black-and-white, stated bluntly: “Our water system recently violated a drinking water standard.” The second, in flashy color, had this cheery message: “We are pleased to report that City of Flint water is safe and meets US Environmental Protection Agency guidelines… You can be confident that the water provided to you today meets all safety standards.” As one recipient of the notices commented, “I can only surmise that the point was to confuse us all.”

McClinton marches in silence for a few minutes as the crowd doubles back across the bridge and begins the ascent up Saginaw Street. Suddenly, a man jumps onto a life-size statue of a runner at the Riverfront Plaza and begins to cloak him in one of the group’s T-shirts.

“Honey, I don’t want you getting in any trouble!” his wife calls out to him.

He’s struggling to pull a sleeve over one of the cast-iron arms when the droning weeoo-weeooo-weeoo of a police siren blares, causing a brief frenzy until the man’s son realizes he’s mistakenly hit the siren feature on the megaphone he’s carrying.

After a few more tense moments, the crowd surges forward, leaving behind the statue, legs stretched in mid-stride, arms raised triumphantly, and on his chest a new cotton T-shirt with the slogan: “Water You Fighting For?”

Stop Two: The Tri-Cities of Cancer

The next afternoon, we barrel down Interstate 75 into an industrial hellscape of smoke stacks, flare offs, and 18-wheelers, en route to another toxicity and accountability crisis. This one was caused by a massive tar sands refinery and dozens of other industrial polluters in southwest Detroit and neighboring River Rouge and Ecorse, cities which lie along the banks of the Detroit River.

Already with a slight headache from a haze of emissions, we meet photographer and community leader Emma Lockridge and her neighbor Anthony Parker in front of their homes, which sit right in the backyard of that tar sands refinery.

In 2006, the toxicity levels in their neighborhood, known simply by its zip code as “48217,” were 45 times higher than the state average. And that was before Detroit gave $175 million in tax breaks to the billion-dollar Marathon Petroleum Corporation to help it expand its refinery complex to process a surge of high-sulfur tar sands from Alberta, Canada.

The Marathon tar sands refinery in southwest Detroit. Eduardo García

“We’re a donor zip,” explains Lockridge as she settles into the driver’s seat of our car. “We have all the industry and a tax base, but we get nothing back.”

We set off on a whirlwind tour of their neighborhood, where schools have been torn down and parks closed due to the toxicity of the soil, while so many residents have died of cancer that it’s hard for their neighbors to keep track. “We used to play on the swings here,” says Lockridge, pointing to a rusted yellow swing set in a fenced-off lot where the soil has tested for high levels of lead, arsenic, and other poisonous chemicals. “Jumping right into the lead.”

As in other regions of Michigan, people have been fleeing 48217 in droves. Here, however, the depopulation results not from deindustrialization, but from toxicity, thanks to an ever-expanding set of factories. These include a wastewater treatment complex, salt mines, asphalt factories, cement plants, a lime and stone foundry, and a handful of steel mills all clustered in the tri-cities region.

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Republicans Trashed Democracy in Michigan. Now They Want To Trash It in Your State, Too.

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The Forgotten Pentagon Papers Conspirator

Mother Jones

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This story first appeared on the TomDispatch website.

The witness reported men being hung by the feet or the thumbs, waterboarded, given electric shocks to the genitals, and suffering from extended solitary confinement in what he said were indescribably inhumane conditions. It’s the sort of description that might have come right out of the executive summary of the Senate torture report released last December. In this case, however, the testimony was not about a “black site” somewhere in the Greater Middle East, nor was it a description from Abu Ghraib, nor in fact from this century at all.

The testimony came from Vietnam; the year was 1968; the witness was Anthony J. Russo, one of the first Americans to report on the systematic torture of enemy combatants by CIA operatives and other US agents in that long-gone war. The acts Russo described became commonplace in the news post-9/11 and he would prove to be an early example of what also became commonplace in our century: a whistleblower who found himself on the wrong side of the law and so was prosecuted for releasing the secret truth about the acts of our government.

Determined to shine a light on what he called “the truth held prisoner,” Russo blew the whistle on American torture policy in Vietnam and on an intelligence debacle at the center of Vietnam decision-making that helped turn that war into the nightmare it was. Neither of his revelations saw the light of day in his own time or ours and while Daniel Ellsberg, his compatriot and companion in revelation, remains a major figure for his role in releasing the Pentagon Papers, Russo is a forgotten man.

That’s too bad. He shouldn’t be forgotten. His is, unfortunately, a story of our times as well as his.

The CIA Interrogation Center, Saigon
Before him sat the enemy. VC. Vietcong. He was slender, a decade older than the 28-year-old American, and cautious in his initial responses. The American offered him a cigarette. “Smoke?”

Anthony Russo liked to befriend his subjects, finding that sharing a cigarette or a beer and congenial conversation could improve an interview’s results.

This man’s all right, Russo thought—unlike the one he had interviewed when he first arrived in Saigon. That prisoner had sat before him, quivering in fear, pleading for his life. “Are you going to kill me?” the distraught man had said repeatedly, his thumbs red and bulbous from being strung up.

Torture was not something Russo had anticipated when he took the job. A civilian with a rank equivalent to major working for the RAND Corporation, he had arrived in the South Vietnamese capital on February 22, 1965, and was briefed on his mission. Russo was to meet the enemy face-to-face and figure out what made them tick. On that first day, he could hear General Richard Stilwell, chief of staff of Military Assistance Command Vietnam (MACV), barking orders from the next room: “You get every goddamn plane in the air that you can!”

Russo thought the war would be over in a few weeks, months at worst.

Instead of the limited conflict he expected, years slipped by. Bombs fell, villages were decimated, the fabric of Vietnamese life assaulted. Russo persisted with his interviews of Vietcong prisoners, witnessing the after-effects of torture in nearly every instance.

It’s hard to pinpoint just when the shift occurred in the young man who came to Southeast Asia to “promote democracy.” But as one tour of duty extended to two, contact with the enemy changed not their hearts and minds, but his. On the eve of the 1968 Tet Offensive, he returned to the United States intent on challenging the war, a chance he would get, helping his friend and RAND co-worker Daniel Ellsberg with the Pentagon Papers.

That secret history of US decision-making in Vietnam, a massive compilation of internal government memoranda and analyses, had been quietly commissioned by Secretary of Defense Robert McNamara in 1967 to assess what had gone wrong in Vietnam. Ellsberg leaked the Papers to the press in mid-1971, setting off a political firestorm and First Amendment crisis. He would be indicted on charges of espionage, conspiracy, and theft of government property, and would face a maximum penalty of 115 years in prison. Charges were also brought against Russo, who was suspected of complicity, after he refused to testify before a grand jury. He was jailed for 47 days for contempt and faced a possible sentence of 35 years in prison if convicted.

Ellsberg’s leak led to a Supreme Court decision on prior restraint, a landmark First Amendment case. Though all the charges were ultimately dropped, the leak and its aftermath had major political fallout, contributing to the demise of the presidency of Richard Nixon and forming a dramatic chapter on the path to US defeat in Vietnam.

Ellsberg became a twentieth-century hero, applauded in print and film, his name nearly synonymous with the Pentagon Papers, but Russo, the young accomplice who goaded Ellsberg to go public, has been nearly forgotten. Yet he was, according to Ellsberg, the first person to document the systematic torture of enemy combatants in Vietnam. If no one knows this, it’s because his report on the subject remains buried in the vaults of the RAND Corporation, the think tank that did research for the Pentagon in Vietnam. Similarly, while the use of unprecedented airpower against the civilian populations of Vietnam, Laos, and Cambodia inspired international calls for war crimes trials in the 1970s, Russo’s exposure of the fabrication of data that propped up that air war remains but a footnote in Vietnam War historiography, unknown to all but a handful of academics.

He has remained “the other conspirator.” Ellsberg later conceded that he probably wouldn’t have thought of releasing the Papers if Russo hadn’t prodded him to “put that out” and helped copy them in a series of all-night sessions. But Russo would take a backseat to Ellsberg, who had snuck the massive set of documents out of RAND headquarters and released them to the New York Times, the Washington Post, and 18 other news organizations.

The two of them would become the antiwar movement’s odd couple. Ellsberg was articulate, suave, and fashionable; Russo opted for hippie attire, long hair, and impossibly bushy sideburns, a style of dress that fit with his growing political radicalism. Russo and his attorney, Leonard Weinglass, devised a bold—some said reckless—defense strategy focused on using expert witness testimony to put the US prosecution of the war on trial. Weinglass would emerge as a star attorney on the case, even—in the opinion of some observers—eclipsing Ellsberg’s senior lawyer, Leonard Boudin. But his client kept getting into trouble: scrawling a wiseacre comment on evidence before the court, handing a prosecution witness a press release that accused him of war crimes, peppering his statements to the press with movement jargon. In the end, Russo’s leftwing antics would help marginalize him and bury the story he had to tell.

The Think Tank
It all started in a nondescript midcentury building on Main Street in sunny Santa Monica, California. There, the RAND Corporation, a quasi-private think tank with a cozy relationship with the Air Force and Washington power brokers, dreamed up study projects for the Department of Defense.

RAND, an acronym for “research and development,” was launched in 1946 as a private research arm of the Army Air Forces, whose successor, the Air Force, would remain its primary financial backer and client for years to come. The think tank’s work ranged from weapons development to advanced strategic thinking on how to wage—or avert—nuclear war. RAND theorists would set the parameters for strategic defense thinking for decades, with the likes of Herman Kahn, once dubbed the “heavyweight of the megadeath intellectuals”; Thomas Schelling, Nobel laureate in economics for his work on game theory and the originator of “tacit bargaining”; and Albert Wohlstetter, the godfather of RAND’s nuclear strategists who devised the concepts of “second strike,” “fail safe,” and what he called the “delicate balance of terror” (aka “deterrence”).

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The Forgotten Pentagon Papers Conspirator

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Qatar Is Treating Its World Cup Workers Like Slaves: Nepal Earthquake Edition

Mother Jones

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We’re still seven years away from the 2022 World Cup in Qatar, but it seems like the event has been buried under bad news for a decade: everything from allegations of bribery and corruption to terrible human rights violations. And it doesn’t look like it’s getting better anytime soon.

The latest in a string of embarrassments? Qatar’s reported refusal to grant bereavement leave to the roughly 400,000 migrant workers from Nepal building stadiums for the World Cup following the devastating 7.8-magnitude earthquake that killed more than 8,000 countrymen. As a result, many Nepalese workers instead must mourn from construction sites in Qatar.

On Saturday, the Guardian reported that the Nepalese government called on FIFA and its sponsors to compel Qatar to grant a short-term leave for Nepalese migrant workers and improve conditions for the 1.5 million workers from throughout South Asia. But the Persian Gulf state rebuffed that request, Nepalese labor minister Tek Bahadur Gurung told the Guardian: “Those on World Cup construction sites are not being allowed to leave because of the pressure to complete projects on time.”

Qatari officials challenged that claim, noting that the nation had granted temporary leave to more than 500 Nepalese workers. That’s roughly 0.1 percent of the Nepalese migrant workers on the stadium construction project.

The latest Guardian report adds to the mounting criticism from human rights organizations, corporate sponsors, and foreign officials on Qatar’s World Cup preparations. A 2013 Guardian investigation estimated that at least 4,000 migrant workers, who face dire working and living conditions and meager pay, will die before kickoff in 2022. Squalid conditions already have led to more than 1,200 worker deaths since Qatar won its 2010 bid to host the World Cup, including at least 157 Nepalese workers in 2014. (Nepalese workers have died at a rate of one every two days.)

Despite calls to move the event to another host country, FIFA President Sepp Blatter has guaranteed that the 2022 World Cup will take place as scheduled. In fact, Qatari labor minister Abudullah bin Saleh al-Khulaifi said in May the nation would need more workers to complete the $220 billion stadium and infrastructure construction projects by 2022.

Meanwhile, the 2018 World Cup in Russia isn’t exactly shaping up to be a model event, either: On Monday, Russian officials announced plans to transport prisoners from camps to work at factories in an effort to drive down the World Cup’s cost.

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Qatar Is Treating Its World Cup Workers Like Slaves: Nepal Earthquake Edition

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The US Military’s Sexual-Assault Problem Is So Bad the UN Is Getting Involved

Mother Jones

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The US military has a problem with sexual violence. That’s the conclusion of the Universal Periodic Review Panel, a UN panel that aims to address the human rights records of the 193 UN member states. This is the second time that the panel has scrutinized the United States; the first was in 2010, when the list of concerns included detention in Guantanamo Bay, torture, the death penalty, and access to health care. Its latest report came out Monday morning, and there was a surprising addition to the predictable laundry list of US human rights violations.

In one of 12 final recommendations, the UN Council urged the US military “to prevent sexual violence in the military and ensure effective prosecution of offenders and redress for victims.” Other recommendations included stopping the militarization of police forces, closing Guantanamo Bay, ending the death penalty, and stopping NSA surveillance of citizens.

For years US lawmakers and activists have complained about sexual assault in the military, but this is the first time the United Nations has addressed the issue.

Representatives from Denmark and Slovenia were especially outspoken in their criticism of the United States for not doing enough to prevent and prosecute alleged cases of sexual assault. Vojislav Šuc, Slovenia’s representative, encouraged the US to “redouble efforts to prevent sexual violence in the military and ensure protection of offenders and redress for victims.”

Stephanie Schroeder, a military sexual-assault survivor who traveled to Geneva for the hearing, said in a press release, “Today’s outcome shows that redress can be won before the UN—and hopefully lead to meaningful change back home.”

The UN panels likely decided to investigate US military sexual violence in response to a report last year from the Service Women’s Action Network and Cornell Law School’s Avon Global Center for Women and Justice and the Global Gender Justice Clinic. It analyzed statistics from the Department of Defense, survivors’ stories from federal cases, and interviews with survivors.

The report concluded, “In cases where an act of sexual assault has already been committed in the military, the U.S. oftentimes fails to promptly and impartially prosecute and effectively redress the assault and thereby violates servicemen and women’s rights under international law.”

The UN Human Rights Council evaluation targeted the military’s reporting process, in which the decision of whether to prosecute cases of alleged sexual assault or harassment is left to superiors in the chain of command rather than an outsider with experience in sexual assault. For years, activists and lawmakers in the United States have tried to change this protocol—but leaders in the military have balked at bringing civilians into bases and military academies to investigate alleged assaults. Advocates say that commanders should not be in charge of handling these cases, since they are not trained in legal or criminal matters and often directly supervise both the victim and the perpetrator. Victims often are afraid to report the assault, fearing retribution or inaction. In a 2014 RAND Corporation survey of service members who reported sexual assaults, 62 percent of those who responded claimed they experienced social or professional retaliation after reporting unwanted sexual harassment, including being fired.

Denmark’s representative to the UN Human Rights Council, Carsten Staur, recommended “removing from the chain of command the decision about whether to prosecute cases of alleged assault.” His comments marked the “first time that a human rights body has called upon the U.S. to remove key decision-making authority from the chain of command in cases alleging sexual violence,” noted Liz Brundige, the Avon Global Center’s director, in a press release.

The State Department, the Pentagon, and the US representative to the United Nations did not respond to requests for comment on the council report.

When the UN Human Rights Council last reviewed the United States in 2010, the US government promised to respond to all of the recommendations—including improvements to health care, criminal justice, and other areas of concern—with a written report of goals. This year, the UN Human Rights Council commended the US for six areas of “positive achievement,” including strengthening the social welfare system in the United States, creating a task force on 21st-century policing, taking some measures to address violence against women, upholding some of the rights of LGBT individuals, improving access to health care, and releasing details on CIA interrogation techniques. When the panel reviews the United States again, the US will have to update the United Nations on its progress on sexual assault in the military.

Of course, the problem of military sexual assault is not limited to the United States. Last year, Swedish UN official Anders Kompass leaked to French authorities an internal investigation detailing allegations that French soldiers on a peacekeeping mission in the Central African Republic raped children and traded food for sex. Kompass said that he leaked the report because he was concerned that the United Nations would not disclose its findings or take action. Just last week, after the report was revealed by the Guardian, French prosecutors launched an investigation into the allegations. The whistleblower is now under internal investigation, according to the UN secretary general’s office, for a “serious breach in protocol” and risking victims’ privacy. French President Francois Hollande has declared he “will be merciless” if the allegations are proven true.

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The US Military’s Sexual-Assault Problem Is So Bad the UN Is Getting Involved

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