Showing posts with label IJDH. Show all posts
Showing posts with label IJDH. Show all posts

Wednesday, September 17, 2014

On UN Bringing Cholera to Haiti, Legal Fight Continues After US Supports UN Impunity


By Matthew Russell Lee
UNITED NATIONS, September 17, with a song -- On the UN having brought cholera to Haiti, the US government on July 7 filed another letter supporting the UN's immunity -- or in this case, impunity. 
  On August 28, the plaintiffs filed their sur-reply, which Inner City Press put online here.
 On September 17, the Institute for Justice & Democracy in Haiti held a conference call about the status and background of the case. IJDH's executive director Brian Concannon said that cholera was introduced to Haiti in October 2010 by UN peacekeepers.
   Concannon said the UN waited 15 months then called the claims "not receivable" -- the same phrase the UN used as to whistleblowers in a belated answer it sent to Inner City Press during the IJDH call, click here for that.
  He described serving the legal papers on Ban Ki-moon and Edmond Mulet, the head of the MINUSTAH mission (and, also on September 17, briefing the Security Council about peacekeepers giving over their weapons, vehicles and even uniforms to the Jabhat al Nusra rebels in the Golan Heights).
  IJDH Legal Fellow Shannon Jonsson described how the UN failed to provide any out of court process to consider claims, in violation of two treaties (and the UN's Status of Forces Agreement.)
  Finally, IJDH Staff Attorney Beatrice Lindstrom described broader advocacy , in Congress and among UN member states, to get justice for those harmed by the UN's introduction of cholera to Haiti. She quoted Martin Luther King that the arc of history is long but bends toward justice. There will be an upcoming demonstration at the UN's logistics base in Haiti. We'll have more on this. 
   The US' 15-page letter cited in support of UN immunity the case of Cynthia Brzak, regarding sexual harassment by UNHCR's Ruud Lubber, and a letter to US Ambassador Samantha Power from the UN's counsel Miguel de Serpa Soares, which Inner City Press is putting online, here.  TheUS letter to the court is here.
  Beyond supporting Secretary General Ban Ki-moon dodging the service of legal papers -- on which Ban's spokespeople have themselves dodged and more -- the US letter cited the UN - Haiti program on cholera on which theUN's Pedro Medrano has still to take Press questions.
  The US letter says, "The General Convention and the SOFA provide that any dispute between a state party and the UN shall be submitted to the International Court of Justice, see General Convention, art. VIII, § 30; SOFA art. VIII, § 58; and the SOFA provides that any dispute between MINUTSAH [sic] and the Government of Haiti shall be submitted to arbitration, see SOFA art. VIII, § 57."
  So much for "we the peoples."
  The sur-reply filed August 28 states that "under the doctrine of unclean hands, the request for immunity should be refused.  The Government fails to present any response to this argument."
   Back on May 15, opposition to the US' first iteration of its position was filed, with amicus support from a bevy of law professors, an ex judge of the International Criminal Tribunal for the Former Yugoslavia and former UN human rights rapporteur on torture Manfred Nowak.
  Nowak said, "the UN needs to understand that immunity cannot mean impunity. If it refuses to provide people alleging harm with a path to justice, courts will refuse to uphold its immunity.”
   But then as now, the UN under  Ban Ki-moon wouldn't even bring its envoy on cholera Pedro Medrano forward for questioning. Inner City Press has asked, for example onApril 21:
Inner City Press: … seemed to quote Mr. Medrano as predicting in advance that this panel he would be on with the Government may provide assistance, but he said, like, the word “compensation” won’t be used. So I wanted to know, is that a UN position? Is it his prediction of that the Government doesn’t want the word “compensation” used? And is there some way that we can have by video or otherwise, a kind of, some kind of presentation by Mr. Medrano?
Spokesman Stephane Dujarric: Sure, on Haiti, over the weekend, the terms of reference on this high level committee on cholera, which would be a UN and Government of Haiti committee, have been officially agreed on. And the aim is really for the joint effort of to fight cholera between the UN and the Government of Haiti. The Committee aims at further improving the coordination response to the epidemic and obviously we expect to have an official announcement in the next couple of days. But this is a very important… the establishment of this committee is a very important one in terms of our efforts, and most importantly the Government of Haiti’s efforts, to address not only cholera but also the associated water and sanitation issues....
Inner City Press: Just on Medrano, I will like to say again if you could do a briefing in this room it would help.
Spokesman Dujarric: I hear you.
  But did he? There has still been no briefing. Members of the US Congress have written to State Department diplomats about this case in the past. Based on this letter, will they do so again?
   As the first US answer was released, Secretary General Ban Ki-moon was partying with in-house scribes, most of whom never pursued this most outrageous case of UN impunity, or even asked if Ban Ki-moon like a scoff law was hiding from the process server.
 Now on July 8, these same scribes are offering symbiosis, bread and circuses, or pretzels and beer, in the large room Ban's UN gives them, usually sitting empty even as the News Agency of Nigeria was evicted due to lack of space. This is today's UN.
  Inner City Press, having twice asked asked Secretary General Ban Ki-moon's spokespeople to confirm Ban has been served with legal papers, on February 28 asked about Gallon's report:
Inner City Press: on Haiti, there is a recent report just out by Gustavo Gallón, who is the UN independent expert on human rights in Haiti, and he says, as a direct quote, that full compensation for the damage suffered by the Haitian people by the introduction of cholera to the island should be paid as quickly as possible. So, I understand that he is an independent expert and doesn’t work for the Secretariat; at the same time, it’s a respected position and a mandate formed by the Human Rights Council, so I wanted to know what in the face of this sort of either intra-UN or intra-UN system critique, what is the response of the United Nations?
Spokesperson Martin Nesirky: Well, simply, that you answered the question yourself. The Human Rights Council-appointed special rapporteurs and other special advisers of various kinds are independent and they are not appointed by the Secretary-General and I don’t have anything further to say on that.
Inner City Press: But does the UN system expect, for example, countries when when they are subject to these type recommendations or criticism by an independent experts of the Human Rights Council to respond in some way to them to say: we agree or disagree, or that is why we disagree?
Spokesperson Nesirky: That’s for each individual Member State to decide.
Ah, leadership. Meanwhile, while the UN has refused to answer if Ban was served the court papers, beyond thissong, Inner City Press will now publish the sad litany of attempts to serve what could be described as a scoff law:
On December 19, 2013, at approximately 3:11 PM, a paralegal for Plaintiffs’ counsel contacted OLA by telephone and spoke to a woman who identified herself as “Mae” (who, upon information and belief, is Mae Arkoncel, Assistant to the UN Legal Counsel). Mae confirmed that OLA had received the faxed documents from Plaintiffs’ counsel and stated that the UN was currently 'reviewing the documents'...
Service of process by delivery to Defendant Ban personally through the use of a private process server... was attempted again on January 20, 2014, at approximately 10:05 AM, at Defendant Ban’s residence located at [redacted by ICP]. A security guard informed the server that Defendant Ban was not present, and refused to open the door or accept service.
8. Service of process by delivery to Defendant Ban personally through the use of a private process server... was perfected on January 20, 2014, at approximately 2:00 PM, at Defendant’s Ban residence located at [redacted by ICP]. A male who identified himself as 'security' answered the door and informed the server that he would not accept service and that Defendant Ban was not present. The server affixed the process to the front door with masking tape and informed the security guard that he was doing so with the intention that the documents would be forwarded to Defendant Ban. The server then mailed another copy of the process to Defendant Ban at the same address.
That's called "nail-and-mail," and it's what's used with a fugitive or scoff law. Is that what this UN has become? It's the basis of this lyric, can't serve the papers up in the townhouse, song here. Watch this site.

 
  

Wednesday, May 8, 2013

On Haiti Cholera, Threat to Sue in 60 Days As Ladsous' DPKO Has Not Reformed, O'Brien Has Not Responded



By Matthew Russell Lee
UNITED NATIONS, May 8 -- For killing 8,000 people in Haiti by UN Peacekeeping's introduction of cholera, according to the lawyers who filed claims and are now prepared to sue, the UN's response has been a short letter in December 2011 and a dismissal of claims in February 2013.
  In a letter just filed with Secretary General Ban Ki-moon's lawyer Patricia O'Brien, the claimants' lawyers give the UN sixty day before filing suit. (Inner City Press put the letter online, here, just after the 2 pm embargo.)
  Inner City Press asked them if they intend to sue in the European Court of Human Rights, where a recent decision lays the groundwork for such a case. Ira Kurzban said one case in the United States, and another in an undisclosed venue in Europe.
  The chief of UN Peacekeeping, Herve Ladsous, has repeatedly refused to answer Inner City Press' questions including if he has implemented any safeguards at all, to try to ensure not bringing disease to yet another country.
  On Wednesday, Inner City Press asked Brian Concannon of the Institute for Justice and Democracy in Haiti is he is aware of any safeguards implemented by the UN. He said no, and more: Wednesday's video here.
  Now Ban's lawyer Patricia O'Brien, who unlike her predecessor Nicolas Michel does not hold press conferences or take questions, is said to be headed to Geneva, to represent Ireland there. Would a new top UN lawyer change anything? The sixty day deadline seems solid.
  And what about the rule of law? Concannon said he worked on the issue, for the UN in Haiti, back in the 1990s. Now, he said, when the UN gives trainings in Haiti, people laugh at them, after the dismissal of the cholera claims.
  And yet under Ladsous UN Peacekeeping is poised for a new mission in Mali, and a new Intervention Battalion in the Eastern Congo. What could go wrong? Watch this site.

Saturday, March 9, 2013

In Haiti, Duvalier Case May Help Sue UN for Cholera, Banning Coverage



By Matthew Russell Lee

UNITED NATIONS, March 7 -- Two weeks after the UN tersely dismissed claims that it killed 8000 people by introducing cholera to Haiti, Inner City Press asked two lawyers from the Institute for Justice and Democracy in Haiti about the next steps, and about the Duvalier case currently being heard.

  Speaking from Port-au-Prince, IJDH staff attorney Nicole Phillips said that anyone there who cares about human rights is troubled by the UN's statement that the claims are “not receivable.”

  IJDH's Brian Concannon said that developments in the Duvalier case could strength the Haitian judicial system for the cases against the UN to be filed there and elsewhere (Inner City Press hears, in the European Court of Human Rights.)

  But at the UN in New York, the Secretariat of Ban Ki-moon has tried to end the story and coverage before it even begins.

  The day Ban's dismissal was announced, the UN gave the first noon briefing question to the president of the UN Correspondents Association, Pamela Falk of CBS, who asked not about Haiti but rather about a letter she had written to the UN.

  When Inner City Press challenged these priorities, it was hauled in for a meeting. After reporting on its (having said, “you are on the record”), Inner City Press has received a false complaint from the boss of UN Media Accreditation Stephane Dujarric, saying Falk and her first vice president Louis Charbonneau of Reuters were and apparently are not to be quoted.

  This is why they call it the UN's Censorship Alliance.

   Ironically, at the February 22 meeting Dujarric said there should be more coverage of the UN, including Haiti. But at the noon briefings, Ban's spokespeople tell Inner City Press day after day, there will be no more answers.

 At the March 7 noon briefing, Inner City Press asked another question about Haiti:

Inner City Press: I am assuming that MINUSTAH would be aware of it, there is a camp of displaced people — displaced by the hurricane — near Port-au-Prince called Grace Village and it is facing not only eviction, but the Government has said that they are going to arrest a number of people inside without giving any reasons — it’s called arbitrary arrest — and I am wondering, given that MINUSTAH is there, are they trying to get involved in this one in any way? Are they aware of it, and what do they think of the arrest threats?

Spokesperson Martin Nesirky: I’ll ask our colleagues; I don’t have anything on that, but I am sure they will let us know.

   There was no answer, eight hours later and counting. 

  The “colleagues” would be the Department of Peacekeeping Operations, run by Herve Ladsous, busy on Thursday providing spin answers to Inner City Press' questions about 126 raped in Minova by the UN's partners in the Congolese Army -- to friendlier journalists, who like Falk of UNCA (and CBS?) don't ask about Haiti. 

  Ladsous has refused to answer Inner City Press' questions about what safeguards, if any, he has implemented to try to not kill MORE people by bringing cholera in. Maybe Ladsous can now spoonfeed a false answer to his friendly scribes? So it goes at the UN: impunity corrupts. Watch this site.

Thursday, February 21, 2013

On UN Cholera, Lawsuits Eyed in Haiti, US & Europe, Victims' Lawyer Tells Inner City Press



By Matthew Russell Lee

UNITED NATIONS, February 21 – After UN Secretary General Ban Ki-moon's spokesman announced Thursday that the claim the UN introduced cholera into Haiti was “not receivable,” Inner City Press asked him and then one of the claimants' lawyers questions about the ruling. Video here from Minute 10.

  Beatrice Lindstrom of the Institute for Justice and Democracy in Haiti, which filed the claim in November 2011, told Inner City Press that “it's disgraceful that the UN has taken 15 months to find it not receivable.”

  She said, “this does not mark the end... We will proceed. We are preparing a domestic lawsuit and we'll file.”

  Inner City Press asked, in Haiti?

   Lindstrom said, “In Haiti, in the United States and in Europe.”

   What would the legal theory be for filing in Europe, Inner City Press asked.

   There's “a lot of jurisprudence there protecting victims' rights to a remedy... The UN is not prepared to provide,” Lindstrom told Inner City Press. “Several courts say this does not comport with human rights law and set aside immunity.”

   Inner City Press asked if IJDH had any notice or inkling that the UN would announce its dismissal today, after 15 months.

   No, Lindstrom said, “We did not know it was forthcoming, there's been no communication from the UN since in December 2011 when they acknowledged receipt.”

   Inner City Press asked if the UN mission, MINUSTAH, ever set up the Standing Claims Committee specified in its Status of Forces Agreement with Haiti.

   Lindstrom said, “they committed in the Status of Forces Agreement but never did it in practice to our know or anywhere in world where there is a peacekeeping operation.”

   Again Inner City Press asked about the legal theory to sue in Europe, for the UN bringing cholera to Haiti and killing some 7000 Haitians.

   Lindstrom said, "we're working with victims from all over the world, that's one way to get jurisdiction... There's also jurisdiction on a legal level, over the UN in light of its immunity... if the Organization is trying to defend based on immunity, it can be enough to get the case kicked up” for review of if it's legal “for the domestic court to uphold immunity.”

   With Ban Ki-moon's top lawyer Patricia O'Brien, who refused requests from Inner City Press and then the Free UN Coalition for Access to take question on cholera in Haiti, about to leave to represent Ireland at the UN in Geneva, and Ban heading out on a trip, they may think it's over. 

   But it does not sound like it's over. Watch this site.

Forward-looking footnote:  Inner City Press has also asked the head of UN Peacekeeping Herve Ladsous what safeguards if any he's implemented to avoid spreading cholera elsewhere. 

  Ladsous refused to answer, then after FUNCA protested,on February 6 purported to answer Inner City Press on cholera - with no reference to safeguards. This continued, this week, in the UN Special Committee on Peacekeeping. 

  Could Ladsous' defiance trigger or require litigation and a restraining order? Watch this site.


Inner City Press: I want to ask you a question about the Haiti announcement you made, when you say it is not receivable, what is the legal argument? Was a Standing Claims Commission, as required by the status-of-forces agreement, established? It makes it sound like it is a legal determination, but is there going to be some kind of a memo? What’s the basis? What took so long, and “not receivable” in what way? It was received. Is it basically a claim of immunity by the UN? Can you say more about what this “not receivable” means?

Spokesperson Martin Nesirky: Well, I am not in a position to provide you with any details. It’s not the United Nations practice to discuss in public the details of and the response to claims filed against the Organization. Let me also say I can confirm that we have informed counsel for the claimants that the claims are not receivable. Consideration of the claims would necessarily involve a review of political and policy matters. Accordingly, the claims are not receivable, pursuant to Section 29 of the Convention on the Privileges and Immunities of the United Nations, which was adopted by the General Assembly on 13 February 1946. Just to answer your question about the time taken: we gave serious consideration to the matter, and took the time necessary to properly review the various claims raised in all their aspects.