On Police Brutality, UN Committee Against Torture Speaks on Chicago in the 1980s, Silent on Mike Brown, Ferguson

By Matthew Russell Lee

UNITED NATIONS, November 28 -- The UN in Geneva for daysrefused to release to US-based media without paid correspondents in Switzerland the UN Committee on Torture's concluding remarks on the US. 

  Now they've gone online - and on police brutality they discuss Chicago but not Ferguson, Missouri, from which the family and supporters of Michael Brown, killed by police officer Darren Wilson, even traveled to Geneva. The report as belatedly put online says:

Excessive use of force and police brutality

26. The Committee is concerned about numerous reports of police brutality and
excessive use of force by law enforcement officials, in particular against persons belonging to certain racial and ethnic groups, immigrants and LGBTI individuals, racial profiling by police and immigration offices and growing militarization of policing activities. The Committee is particularly concerned at the reported current police violence in Chicago, especially against African-American and Latino young people who are allegedly being consistently profiled, harassed and subjected to excessive force by Chicago Police Department (CPD) officers. It also expresses its deep concern at the frequent and recurrent
police shootings or fatal pursuits of unarmed black individuals. In this regard, the
Committee notes the alleged difficulties to hold police officers and their employers
accountable for abuses. While noting the information provided by the delegation that over
the past five years 20 investigations were opened into allegations of systematic police
department violations, and over 330 police officers were criminally prosecuted, the
Committee regrets the lack of statistical data available on allegations of police brutality and
the lack of information on the result of the investigations undertaken in respect of those
allegations. With regard to the acts of torture committed by CPD Commander Jon Burge
and others under his command between 1972 and 1991, the Committee notes the
information provided by the State party that a federal rights investigation did not develop
sufficient evidence to prove beyond a reasonable doubt that prosecutable constitutional
violations occurred, However, it remains concerned that, despite the fact that Jon Burge
was convicted for perjury and obstruction of justice, no Chicago police officer has been
convicted for these acts of torture for reasons including the statute of limitations expiring.
While noting that several victims were ultimately exonerated of the underlying crimes, the
vast majority of those tortured –most of them African Americans–, have received no
compensation for the extensive injuries suffered (arts. 11, 12, 13, 14 and 16).
The State party should:
(a) Ensure that all instances of police brutality and excessive use of force by
law enforcement officers are investigated promptly, effectively and impartially by an
independent mechanism with no institutional or hierarchical connection between the
investigators and the alleged perpetrators;
(b) Prosecute persons suspected of torture or ill-treatment and, if found
guilty, ensure that they are punished in accordance with the gravity of their acts;
(c) Provide effective remedies and rehabilitation to the victims;
(d) Provide redress for CPD torture survivors by supporting the passage of
the Ordinance entitled Reparations for the Chicago Police Torture Survivors.

 The words Ferguson, Missouri and Brown appear nowhere in the report. In a Geneva press conference which was not on UN webcast or even the Treaty Bodies website, one UNCAT member was quoted by CNN. So it goes with the UN. We'll have more on this.

   The day after St. Louis Country prosecutor Bob McCulloch blandly read out a justification of the non-indictment of Police Officer Darren Wilson for killing Mike Brown in Ferguson, Missouri, on November 25 in New York a protest march came by the United Nations, taking over First Avenue with non-violent chants of "Hands up, don't shoot!"

  The UN locked its gates, and New York City sent Corrections Department busses to park in front of the UN compound. Inner City Press joined the march, headed to Times Square, video here and see below.

  On November 28 at the UN in Geneva reports including one on Torture and police brutality in the United States will be released. On November 24 the UN said it was restricting embargoed copies of this report to its "UNOG-based press corps" - that is, media that can afford to have a correspondent in Switzerland. 

  How many of the media that have consistently covered the murder of Mike Brown can afford that?

  Inner City Press on behalf of the Free UN Coalition for Accessimmediately challenged this restricted distribution. First Secretary General Ban Ki-moon's spokesman in New York, and now the UN in Geneva have refused to lift the restriction, without substantive explanation. On November 27, Inner City Press and FUNCA asked:

"Now on the eve of the press conference, reiterating the request below, that embargoed copies not be needlessly restricted only to "UNOG-based" press -
there is as much or more interest by US-based media in the report on US torture and police brutality as by media based in Geneva.  But US-based media that have reporters based in UNOG are larger, more corporate media. So that particular embargoed report should be released to all UN system accredited media, not only those with reporters based at UNOG. The Free UN Coalition for Access says that should go the other way, too -- embargoed UN reports should not be restricted to NY / UNHQ based media either."

On November 27, the UN in Geneva via Liz Throssell Media Officer for the UN Treaty Bodies, replied:

"Dear Matthew, The six-hour time difference is very much in your favour, and unlike the journalists here you will have an entire working day to report on the Committee against Torture's "Concluding Observations" on the eight countries they have been reviewing this session. These will be posted online at around 8:00 a.m. New York Time -- you will be able to find whichever ones that interest you by scrolling down through the countries listed here."

 But this is not responsive. As Inner City Press and FUNCA have replied, "the request is that you not arbitrarily limit embargoed copies only to “UNOG-based journalists.” They will be able to publish stories at the embargo time, while despite your message, others will not."

  Why limited pre-distribution of this report to the media which can afford to have a Switzerland-based correspondent? What is wrong with the UN? Click here for Inner City Press and FUNCA's coverage of the opaque race to head the UN Department of Public Information, here. The UN must do better. 

  Back on November 25 in Times Square, amid the neon glitz, there were chants of "we do this for Mike Brown" and light-up signs for Justice. Seventh Avenue was shut down, peacefully. "All Lives Matter" -- video here. But where is it headed?

   Back on November 24, Inner City Press asked UN Spokesman Stephane Dujarric if the UN or Secretary General Ban Ki-moon have any comment (not this evening) and about limitations on the distribution of the UN's report on US torture and police brutality.

  Mike Brown's parents went to Geneva to testify at the UN review of the US' record on torture and police brutality. The results of the review are due on November 28, but will only be given in advance to media accredited at the UN in Geneva, UNOG. As noted, the Free UN Coalition for Access opposes that limitation on non-corporate media, and requested comment on the non-indictment from UN Secretary General Ban Ki-moon's spokesman Stephane Dujarric.

  Inner City Press asked:

"This is a request for comment on the non-indictment for the killing of Michael Brown in Ferguson, Missouri. Separately but relatedly, this is request on behalf of the Free UN Coalition for Access that the planned restriction of the embargoed release of the UN's review of the US' record on torture and police brutality to media at UN Geneva. Media accredited here at the UN Headquarters should have the same rights, unless the UN is choosing to favor corporate / multinational media. The request for comment should be responded to asap; the request for equal treatment on embargoed copy should be addressed before November 27, given the November 28 public release."

  Dujarric to his credit replied quickly; he declined comment for the evening, and argued:

"Dear Matthew,  On your first question, I will not have a comment this evening.  On your second, this is the purview of my colleagues in Geneva. To your point about corporate media, I think you misjudge the press corps in Geneva which is as diverse as the press corps in NY. In fact, there are probably more freelancers in Geneva than in New York."

  Inner City Press, for FUNCA, has clarified:

"The point is, there is as much or more interest by US-based media in the report on US torture and police brutality as by media based in Geneva. But US-based media that have reporters based in UNOG are larger, more corporate media. So that particular embargoed report should be released to all UN system accredited media, not only those with reporters based at UNOG. (FUNCA says that should go the other way, too -- embargoed UN reports should not be restricted to NY / UNHQ based media either.) Will appreciate a decision on this asap, given the November 28 release and, for example, tonight's Mike Brown killing non-indictment, on which comment is still sought."

  Dujarric did not responded to that, but on November 25 he said " for the Secretary-General, his thoughts right now are with Michael Brown's family and with the Ferguson community.  I think he appeals to all of those in Ferguson and throughout the United States who felt disappointment at the grand jury's decision to make their voices heard peacefully and to refrain from any violence.  He also calls on the US authorities, on law enforcement authorities, whether at the federal, state or at the local level, to protect the rights of people to demonstrate peacefully and to express their opinions peacefully.  And he echoes the appeals made by Michael Brown's parents to turn this difficult time into a positive moment for change."

   FUNCA has spoken up to Turkish media, for example, on an attack on Turkish media in Ferguson. Back on August 13,  Inner City Press asked Secretary General Ban Ki-moon's spokesman Stephane Dujarric about the killing and crackdown. Video here.

  Dujarric began by saying that Ban and the UN have "no particular comment," then added that "as in all cases, the right to demonstrate peacefully needs to be respected, and investigations need to be conducted." Okay, then.

  There have been reports mentioned the financial institutions in the area, including nationwide lenders Bank of America, US Bank and Fifth Third.

  Inner City Press and Fair Finance Watch reviewed the demographics of mortgage lending by these three in the area in the most recent year for which data is publicly available, 2012.

   In the St. Louis Metropolitan Statistical Area in 2012, Bank of America denied the conventional home purchase mortgage applications of African Americans 1.81 times more frequently then those of whites.

  Fair Finance Watch has previously objected to US Bank's stealth branch closings, including in Chicago, here and here. The US Community Reinvestment Act requires banks to lend fairly in all of their communities, but is not sufficiently enforced, FFW has shown.

For US Bank, the disparities was 1.6 to 1; for Fifth Third Mortgage, that company's lender, it was a whopping 4.95 to 1: African American applicants were denied 4.95 times more frequently than whites, worse that the aggregate (all lenders). 

  Troublingly, for all lenders Latinos were denied 3.1 times more frequently than than whites. So where is the US headed? And why has the UN had nothing to say so far? Watch this site.

   

US Bank Would Close 13 Royal Bank of Scotland Branches, Inner City Press FOIA Inquiry Shows, Community Reinvestment Act Protest Grows

By Matthew R. Lee, Exclusive

SOUTH BRONX, April 26 -- When Royal Bank of Scotland proposed to sell its 93 Chicago-area branches to US Bank, Inner City Press asked how many and which branches it would close.

  The comment period to the Office of the Comptroller of the Currency was set to expire on February 20. After Inner City Press' request is was extended to April 25.

  US Bank submitted a list but cynically asked for "confidential treatment" for all of it -- that is, to withhold it from the public. Inner City Press submitted a Freedom of Information Act request, as it has done to the Federal Reserve Board (and on other topics, to the US State Department) - and on April 25, the OCC responded.

  From the document Inner City Press has obtained under FOIA, US Bank would close at least 13 branches. In the until-now confidential filing with the OCC, US Bank says it would close RBS / Charter One's 10200 S. Ewing Street, Chicago branch in a low income tracts and send customers to a "receiving" branches in a non-low income tract.

  US Bank would also close RBS / Charter One's branches at 8905 S. Commercial Avenue, Chicago in a low income tract. 

This comes after Fair Finance Watch and other community advocacy organizations commented to the OCC about lending disparities.

FFW commented, back in January, that

While on this disclosure of branches which would be closed the OCC should extend the comment period, for now, to ensure consideration, US Bank NA (Ohio)'s 2012 HMDA data reflect that in the Chicago MSA for home purchase loans both conventional and subsidized, US Bank made a smaller portion of its loans to Latinos than did even the aggregate, including lenders not subject to the Community Reinvestment Act.

For conventional home purchase loans in the Chicago MSA in 2012, US Bank made 1083 such loans to whites, 78 to African Americans and only 77 to Latinos. That is, US Bank made 14 such loans to whites for each loan to a Latino, a bigger disparity than is the case with the aggregate.

For the home purchase loans in Table 4-1 in the Chicago MSA in 2012, US Bank made 268 such loans to whites, 68 to African Americans and only 60 to Latinos. That is, US Bank made 4.47 such loans to whites for each loan to a Latino, a significantly bigger disparity than is the case with the aggregate.

  US Bank replied that it needn't disclose which branches it would close. Fair Finance Watch reiterated its request in Washington DC in mid-March, along with NCRC, and in supplemental comments. And on March 26, the OCC confirmed that the comment period is extended to April 25, and portions of US Bank's response released.

  The problem is that large portions of US Bank's response are withheld, or simply redacted in black Magic Marker, first Tweeted here by @FinanceWatchOrg, click here to view. Fair Finance Watch and Inner City Press immediately filed with the OCC a Freedom of Information Act request

"for all withheld / redacted information from US Bank's March 21, 2014 submission in connection with its application to acquire branches from RBS Charter One. ICP / Fair Finance Watch commented on the application, and earlier today the OCC provided a redacted copy of US Bank's submission. Nearly the entire fair lending response is redacted, as is information about US Bank's claimed support to non-profits. Since such information is presumptively public, it must be unredacted and released. We are challenging each redaction, making this FOIA request for the entire, unredacted submission in this application process we timely challenged."

Now whether these withholdings can stand up had to be ruled upon. And now they have been.

  In terms of commenting of what was initially released, ICP said "Now that US Bank has admitted to the Federal Reserve that it would eliminate Charter One's Credit Builder and energy efficiency loan programs, and make it more difficult for the customers it would acquire to avoid fees, the Fed should schedule public hearings." 

  Now ICP / FFW has said, " As a first comment on the wrongfully withheld and delayed information, US Bank says it will close 13 of the branches, including in low income census tracts. For example, US Bank says it would close RBS / Charter One's 10200 S. Ewing Street, Chicago branch in a low income tracts and send customers to a "receiving" branches in a non-low income tract.  US Bank would also close RBS / Charter One's branches at 8905 S. Commercial Avenue, Chicago in a low income tract. This militates for the public hearings ICP has request from its first comment.  On the current record, US Bank's application should be denied."

   Watch this site.

   

On Sudan, Blaming Annan & Praising Armed Groups, Former UN Official Mukesh Kapila Responds to Inner City Press, New Media

By Matthew Russell Lee

UNITED NATIONS, October 23 -- Last night former UN official in Sudan Mukesh Kapila told some 50 people at the Museum of Tolerance in New York about government bombing of civilians and urged Sudanese in the audience to support the armed struggle in Sudan.

Inner City Press had gone to cover Kapila's talk, and afterward published a short article, here. This gave rise to expressions of surprise by diplomats in front of the Security Council's October 23 meeting about Darfur. Inner City Press tweeted this -- and Mukesh Kapila replied. This is new journalism.

  Kapila first noted that "perhaps being honest may have come as more of a surprise than surprise over what I said." Then he said, "@innercitypress over a set of forthcoming tweets I will set out my views on #Sudan so that there is no misunderstanding on them."

  This is a new model. Inside the UN, the head of Peacekeeping Herve Ladsous for example won't even answer questions put to him at a press conference or stakeout.Video compilation here, UK coverage here. 

 Meanwhile former UN official Kapila replies, and then sends a series of tweets explaining his position, including that the UN's Kofi "Annan administration bears particular responsibility for negligence in the Darfur genocide. If we don't learn from history, we are doomed to repeat it." 

  One wonders what Kapila thinks of the UN's negligence and lack of accountability for bringing cholera to Haiti.

  On Sudan Kapila said that "Sudanese themselves must take charge of their own destiny: they must lead change which must come from within. Most fundamental human right is to live: marginalized Sudanese have inalienable right of self-defense and to counter oppression."

  Kapila continued that "history teaches no genocidal dictator anywhere has ever been removed except through force. Bashir is unlikely to be exception. But as external military intervention to remove Bashir is unlikely, armed struggle by Sudanese themselves inevitable and just cause."

  Referring it would seen to Iraq, and possibly Afghanistan and Libya, Kabila qualified: "I don't advocate for external military intervention because the West does such interventions so badly. And leaves places worse off."

Inner City Press asked, "Do you distinguish between SPLM-North & some groups in Darfur? What of #Strike4Sudan?"

  Kapila replied, again honestly, that "I am impressed from personal observation how much more united the SRF is - includes SPLMN, and Darfur groups SLM, JEM." 

  Kapila has just written a book, "Against a Tide of Evil;" he heads to the Illinois Holocaust Museum in Chicago tomorrow, touring with it. On what he said Tuesday night about "Clooney," Kapila on Wednesday said it's "good when celebrities join, bad when they become the story instead of the cause itself or if they replace voices of the affected."

  While we're have more, on Twitter on Wednesday Kapila continued that the "international peacemaking process led by the African Union is fundamentally flawed: unprincipled, fragmented, unjust, rewards genocide. Genocidal crimes against humanity need highest level of global attention: morally wrong of UN Security Council to subcontract to regional AU."

  It should be noted that Qatar also ha$ a role in this process, even as it beats the drum for accountability in Syria. On these comparisons, we'll have more. Watch this site.

   

Did WFP Cousin's "Chicago Friend" at DIA Pull Ads from Paper, As WFP Denies?

By Matthew Russell Lee

UNITED NATIONS, February 4 -- After the spending of the World Food Program's executive director Ertharin Cousin, on housing and a Thanksgiving trip to Chicago were profiled last November by Inner City Press, the agency's spokesman Steve Taravella declined to answer Press follow up questions, for example about the Palm in Dubai.

   But there was, apparently, follow up.

The Italian Insider, the only English language daily in Italy, picked up Inner City Press' story. Then a funny thing happened. A planned ad campaign for an Italian tour by a band sponsored by the Detroit Institute of Arts was pulled from the Italian Insider.

The go-between for the band, called The Flutter and Wow, e-mailed the Italian Insider:

----- Messaggio Inoltrato -----
Da : theflutterandwow.gigs
A : Italianinsider.it
Oggetto : Re: Payment Processed and Contract Signed
Data : Fri, 4 Jan 2013 06:21:47 +0100

we have a HUGE problem. One of the Board members of the DIA read on your website an article about the head of something called the food program and is fuming mad. They are close friends from Chicago. I have been summoned for a meeting tomorrow and I sense there are some very pissed off people at DIA.

There was more -- after his meeting with DIA, the go-between asked the Italian Insiders' editor if he was "a right winger" or British. The editor surmises that Ertharin Cousin's "friend from Chicago" on the DIA board viewed even a pick-up for the story about her spending as "right wing."

It took two days to get an answer from WFP, but when it came it was absolute denial:

   WFP spokesman Steve Taravella replied to Inner City Press, "As to the Detroit Institute of Arts, the executive director has had no interactions with this organization, and has not been able to determine whether she has met any member who serves on its board. She has no knowledge of the actions you describe."

  Why would the band's go-between pull the advertising citing a DIA board member who is a "close friend" of Ertharin Cousin? Why would this go-between as reflected by multiple e-mails push to get the pick-up of Inner City Press' article taken down, or the belated comments of WFP spokesman Taravella played up?

 Here is a list of the Detroit Institute of Arts (large) board.

Inner City Press asked WFP some other questions, not only about Ertharin Cousin's trip tomorrow to the University of Georgia but also about the Central African Republic. Here are those answers:

-Central African Republic: In December 2012, three WFP warehouses were looted, with the loss of more than 400 metric tons of food. Some staff were temporarily relocated and operations were briefly suspended. In January UNHAS flights (managed by WFP) resumed, and WFP resumed food distributions. On 22 Jan., WFP distributed 80 metric tons to approximately 5,000 Congolese refugees in the Zemio camp. Deliveries and regular activities are ongoing.

-Executive Director Ertharin Cousin has been invited to speak at the University of Georgia Law School while she is in the United States on other business next week. The university is picking up her travel costs from New York, as well as her lodging expense.

-South Sudan: Access remains a key issue and WFP supports the UN in advocating and negotiating for access to areas controlled by the SPLM-North in both South Kordofan and Blue Nile. In South Kordofan in 2012, we reached more than 172,000 people with emergency food rations in nine locations. About 73,000 of those came from SPLM-North areas. In Blue Nile in 2012, we provided monthly food vouchers to some 2,700 people in the capital Damazine.

Exclusive: WFP High Spending on Ertharin Cousin's Housing & Chicago Trip, Palm in Dubai, Golden Parachutes

By Matthew Russell Lee, Exclusive

UNITED NATIONS, November 29, updated -- World Food Program executive director Ertharin Cousin today issued a statement on WFP's assistance to people living with AIDS in Ethiopia and Zimbabwe.

  Earlier in the month before US Thanksgiving her office issued video of Cousin visiting Syrian refugees in Zaatari Camp in Jordan.

   But WFP has not answered a series of questions about its and Cousin's spending which concerned WFP staff have exclusively provided to Inner City Press, seeking to reform what they see as injury to their agency by waste and even fraud.

   Sources and documents obtained by Inner City Press show WFP Executive Director Cousin asking for an increase of nearly €24,000 euros for her housing allowance, up to €160,000 per year.

   They show use of WFP funds for a recent Thanksgiving trip to Chicago which, several WFP staff say, was not mostly WFP work.

  Click here for itinary of the November 20-25 trip, of which a WFP staff member complained to Inner City Press that WFP's "Executive Director has also taken it upon herself to fly (business class no less) on the UN’s dime to spend thanksgiving at home in her hometown of Chicago, stay at a nice hotel, attend a homecoming reception, and speak at the International Law Committee -- none of which has anything remotely to do with WFP’s work of responding to emergencies and eliminating world hunger."

  The above is not an "anti-UN" perspective, but that of a long time UN worker anger by perceived waste and abuse, which should be answered.

  The sources point to what they call a sole source consulting contract Counsin gave to Piers Campbell for "consulting," without transparency.

   Agency-wide, Inner City Press has asked the cost to WFP of the global management meeting next week in Dubai -- how many WFP staff will stay in the Hotel Atlantis the Palm at Palm Jumeirah, and elsewhere in Dubai, at what cost and for what?

   Cousin was a major Obama administration appointee, and the adminstration often speaks at the UN in New York against pay increases for staff, and about "interns flying business class." 

   It is not clear how that is applied to the above, or to the Cousin-proposed $20 million package of "golden parachutes" for WFP staff (in paragraph 227 of the Management Plan) regardless of their performance, as e-mailed out by Ruth Grove, Acting Director of WFP's Human Resources Division.

Inner City Press, despite having documents, would have liked to have and included WFP's and Cousin's responses. 

  Two days ago Inner City Press asked four separate WFP spokespeople, in Rome, London and New York, including Emilia Casella, Vichi Demarchi and Gregory Barrow, the following "questions for WFP on deadline:

1) Please state the cost to WFP of the global management meeting next week in Dubai -- how many WFP staff will stay in the Hotel Atlantis the Palm at Palm Jumeirah, and elsewhere in Dubai, at what cost and for what?

2) Please deny or confirm and comment on the WFP Executive Director asking for an increase of nearly €24,000 euros for her housing allowance, up to €160,000 per annum.

3) Please deny or confirm and comment on the Executive Director giving a six figure ($150,000 we are told) non-competitive contract to Piers Campbell for "consulting" -- what were / are the deliverables and terms of references, and past personal contact?

4) Please comment on the $20 million package of "golden parachutes" for WFP staff (in paragraph 227 of the Management Plan) regardless of their performance

5) Please state the cost to WFP of the Executive Director's Thanksgiving trip to Chicago, how much of it was WFP business (and please explain, for example the speech)."

But rather than answers, to questions which are based on documents, there came only another statement by Executive Director Cousin. The questions should be answered -- and, ironically, asked by Cousin's US government which is so funding WFP. Watch this site.

Update: on December 3, WFP sent a number of answers, which less than an hour after received Inner City Press reported here.