NewzIntel.com

Category: Justice

  • MIL-OSI Security: Carmanville — Man arrested by RCMP for discharging firearm at residence in Frederickton

    Source: Royal Canadian Mounted Police

    Following a recent report of a firearm being discharged at a residence in Frederickton, 22-year-old Aaron Russell of Carmanville was arrested by RCMP on September 24, 2024.

    During the early morning hours of Saturday, September 14, 2024, Carmanville RCMP received a report of a shot fired at a home on Bayview Road in Frederickton. RCMP officers from Carmanville and Gander detachments, as well as RCMP Police Dog Services and Forensic Identification Services, attended the scene. The investigation determined that a shot had been fired at the home and that the incident was not a random act. No one was injured.

    RCMP NL’s East District General Investigation Section assisted in the investigation and the suspect, Aaron Russell, who was known to the home occupant, was identified. Efforts to locate Russell were unsuccessful and a warrant for his arrest was obtained.

    Russell turned himself in last evening and remains in custody. He will appear in court today and is charged with the following offences:

    • Unauthorized possession of a firearm
    • Discharging a firearm while being reckless
    • Careless use of a firearm

    The investigation is continuing.

    RCMP NL continues to fulfill its mandate to protect public safety, enforce the law, and ensure the delivery of priority policing services in Newfoundland and Labrador.

    MIL Security OSI –

  • MIL-OSI Africa: South African women face exclusion from society due to gender-based violence – how they’re fighting back

    Source: The Conversation – Africa – By Amanda Gouws, Professor of Political Science and Chair of the South African Research Initiative in Gender Politics, Stellenbosch University

    When South Africa became a democracy in 1994, a primary goal was to grant citizenship rights to all its people, in particular, to give the majority black South Africans rights they had been denied during colonialism and apartheid. This included the right to vote.

    Apartheid segregated the population into ethnic groups. All but people classified as white were stripped of their rights. The 1996 constitution conferred upon citizens civil liberties such as the right to vote, movement, association and free speech as well as substantive rights such as access to land, health, education and employment.

    But, as I argue in the Palgrave Handbook of Gender and Citizenship, full citizenship is about more than a legal status that grants rights. Full citizenship also means being able to fully participate in a society.

    Based on my research into South African politics and gender politics over the past three decades I argue in a recent chapter that women in South Africa don’t enjoy full citizenship because they face endemic gender-based violence.

    Sexual violence against women has become normalised in South Africa. Everyday spaces are filled with violence, as indicated by the South African Police Service’s quarterly crime statistics.

    I conclude in the book chapter that people who feel excluded turn to protest to claim their rights as citizens. In doing so they become activist citizens.

    Acts of citizenship can occur in many different places – on streets, in courts, at borders, or even through media. They can happen on different scales, from local community action to international movements. These acts may involve protests, organising campaigns, or using digital media to spread awareness. People engaging in these acts might demand a wide range of rights, including political, social, sexual, ecological, or cultural rights.

    Read more: Gender apartheid: oppression of women should be made a crime against humanity – feminist academic explains why

    While legal frameworks to enhance citizenship have changed over the past 30 years in South Africa, deep-seated inequalities and exclusions persist. Law reform cannot address high levels of unemployment (that need to be rectified through economic growth), neither can it address poverty that is endemic because of the legacies of apartheid, such as the exclusion from decent education and health care.

    Acts of citizenship – whether through protest (such as service delivery protest), art, or everyday actions – continue to play a crucial role in expanding the boundaries of who is considered a citizen and what rights citizens can claim.

    By understanding citizenship as something that is actively performed and claimed, rather than simply granted, society can better appreciate the ongoing struggles for equality and recognition.

    Acts of citizenship

    Emotions play a significant role in these citizenship actions, a concept known as “affective citizenship”. Expressions of fear, happiness, loneliness, anger, or grief can all be part of how people assert their rights and demand recognition. These emotional displays can be disruptive or more conventional, but they all focus on exclusions from citizenship.

    Some acts of citizenship involve a “politics of refusal” – rejecting unfair conditions or norms. This refusal can expose hidden issues within citizenship, such as specific forms of gendered violence or discrimination. By disrupting “business as usual”, these acts force society to confront uncomfortable truths.

    It’s important to note that acts of citizenship aren’t always large-scale or dramatic. They can also involve everyday actions that challenge norms or assert rights in smaller ways. What matters is that these acts transform the actors from passive subjects into active citizens claiming their rights.

    Examples include the #EndRapeCulture campaign of 2016, when women protested against pervasive sexual violence on university campuses. At the same time, transgender students also protested against marginalisation.

    Both groups of students used naked protests to show their refusal to be treated as though they were not citizens. Through their campaign, the students rejected behaviour and attitudes that normalise sexual violence on campuses.

    Women students disrupted public spaces by protesting topless or in their underwear, sometimes brandishing sjamboks (plastic whips). These actions expressed anger at university authorities’ failure to address sexual violence. The activists were refusing to be treated as though they were not citizens.

    By using their bodies in these acts of citizenship the protesters made visible the rage many South African women feel about sexual violence committed with seeming impunity. They highlighted how women’s bodies are vulnerable to violence due to neglect by authorities in implementing their own laws, such as the Sexual Offences Act and the Domestic Violence Act.

    Read more: Victory for women’s rights in Ghana as affirmative action law is passed – what must happen next

    For its part the Trans Collective, a group of transgender students at the University of Cape Town, used a provocative art intervention to highlight the erasure or the making invisible of transgender experiences within the broader student movement during the same 2016 period.

    They smeared red paint on photographs at an exhibit about student activism and used their naked, paint-covered bodies to block the entrance of the art gallery at the university to force visitors to confront the physical reality of how transgender rights are often “trampled” or ignored, even within progressive movements.

    Impact

    Acts of citizenship – whether through naked protests, art interventions, or other forms of activism – serve multiple purposes:

    • They make visible groups and issues that are overlooked or deliberately ignored.

    • They challenge conventional understandings of how citizens should behave or what citizenship looks like.

    • They create new spaces for political action and discourse.

    • They force society and authorities to confront uncomfortable truths about exclusion and violence.

    • They assert the agency of marginalised groups in defining and claiming their rights.

    – South African women face exclusion from society due to gender-based violence – how they’re fighting back
    – https://theconversation.com/south-african-women-face-exclusion-from-society-due-to-gender-based-violence-how-theyre-fighting-back-237493

    MIL OSI Africa –

  • MIL-OSI USA: Republican Governors Call on U.S. Senate Majority Leader Chuck Schumer to Take Action and Reinforce the Civil Rights of Jewish Community

    Source: US Republican Governors Association

    The following text contains opinion that is not, or not necessarily, that of MIL-OSI –

    WASHINGTON, D.C. – As the U.S. Senate sits on legislation to reinforce the civil rights of the Jewish community less than one month away from the first anniversary of October 7, Republican governors have united to demand that Senate Majority Leader Chuck Schumer take action now and pass legislation to show support for the nation’s Jewish population.

    The governors wrote:

    “We are less than one month away from the first anniversary of October 7, when Hamas terrorists brutally murdered, raped, tortured, and kidnapped Israeli and American citizens. This tragedy is far from over as we recently received the devastating news that six innocent hostages were murdered in cold blood, including one American citizen. There are still more than 60 hostages presumed to be alive being held captive in Gaza, that we pray do not meet the same fate. Meanwhile, we have all watched the horrific rise of overt antisemitism on display in our own nation. As students across the country return to college campuses, we must send a unified and clear message that antisemitism will not be tolerated in America.

    “Action needs to be taken now to reinforce the civil rights of our Jewish community in the wake of these tragedies. We ask you to take immediate action to pass H.R. 6090, the Antisemitism Awareness Act (AAA), codifying the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism and its 11 accompanying examples. In May, this legislation passed with an overwhelming, bipartisan majority in the U.S. House with a vote of 320-91 and there is no reason for it to languish in the Senate without a vote. In fact, the companion legislation in the Senate, S.4127 already boasts 30 bipartisan cosponsors. The passing of this legislation is critical to combatting violent acts of antisemitism that are taking place across America.

    “Republican governors across the nation have unanimously supported the adoption of the IHRA working definition at the state level, and now we call upon the U.S. Senate to show support for our nation’s Jewish population at this time of growing attacks against their religion. Our nation was founded on freedom of religion, and this legislation reaffirms our commitment that people can live, learn, and prosper safely. There is no place for hate in our great nation.”

    Read the letter in full here.

    All signatories include: Governor Kay Ivey (AL), Governor Mike Dunleavy (AK), Governor Sarah Sanders (AR), Governor Ron DeSantis (FL), Governor Brian Kemp (GA), Governor Brad Little (ID), Governor Eric Holcomb (IN), Governor Kim Reynolds (IA), Governor Jeff Landry (LA), Governor Tate Reeves (MS), Governor Mike Parson (MO), Governor Greg Gianforte (MT), Governor Jim Pillen (NE), Governor Joe Lombardo (NV), Governor Chris Sununu (NH), Governor Doug Burgum (ND), Governor Mike DeWine (OH), Governor Kevin Stitt (OK), Governor Henry McMaster (SC), Governor Kristi Noem (SD), Governor Bill Lee (TN), Governor Greg Abbott (TX), Governor Spencer Cox (UT), Governor Glenn Youngkin (VA), Governor Jim Justice (WV), and Governor Mark Gordon (WY).

    ###

    MIL OSI USA News –

  • MIL-OSI Security: Pelican Narrows — Saskatchewan RCMP: Increased police presence in Pelican Narrows

    Source: Royal Canadian Mounted Police

    Saskatchewan RCMP advises there is an increased police presence in the area of Wood Crescent in Pelican Narrows in relation to an ongoing investigation. People are asked to avoid the area(s) where officers are present and to follow any police direction provided.

    We will issue an update on this investigation as soon as we are able. If an imminent risk to public safety is identified, we will notify the public.

    MIL Security OSI –

  • MIL-OSI Security: Fishing Lake First Nation — Saskatchewan Serious Incident Response Team notified after male’s death

    Source: Royal Canadian Mounted Police

    On September 24, 2024, Saskatchewan RCMP received a report that a wanted male was in the Fishing Lake First Nation area.

    Multiple Saskatchewan RCMP units began searching for the male. Around 1 p.m., officers observed a van travelling at a high rate of speed. They activated their emergency lights and attempted a traffic stop. The vehicle did not stop.

    Soon after, Saskatchewan RCMP received a report the wanted male stole a van from a school on Fishing Lake First Nation. Investigation determined it was the van that fled from the officers. The male was reported to be armed.

    Officers pursued the van through roads in rural areas. Saskatchewan RCMP carefully monitored the pursuit for public safety risk, including preparing to send a dangerous person alert.

    At around 1:45 p.m., the van entered a field. Firearms were discharged and the van continued travelling.

    The van came to a stop and additional shots were discharged. The sole occupant was located inside, injured. He was declared deceased by EMS at the scene.

    The male has been identified as 34-year-old Joseph “Joey” Desjarlais. We are identifying him as Saskatchewan RCMP had asked the public for information about him in a number of media releases issued during the past two weeks.

    His family has been notified.

    As required by The Police Act, 1990, Saskatchewan RCMP notified the Saskatchewan Serious Incident Response Team (SIRT). SIRT will investigate the Saskatchewan RCMP’s interaction with the deceased and the circumstances of his death.

    The Saskatchewan RCMP is disclosing this as part of our ongoing commitment to transparency.

    Any inquiries regarding this matter can be directed to SIRT.

    MIL Security OSI –

  • MIL-OSI Security: Makwa Sahgaiehcan First Nation — Loon Lake RCMP investigating serious assault

    Source: Royal Canadian Mounted Police

    On September 23, 2024 at approximately 9:00 a.m., Loon Lake RCMP received a report of a serious assault that occurred at a residence on Makwa Sahgaiehcan First Nation, SK.

    Officers responded along with EMS and located an injured adult male outside the residence. He was taken to hospital with injuries described as serious in nature.

    Loon Lake RCMP continue to investigate.

    If you witnessed suspicious activity near Makwa Sahgaiehcan First Nation between the evening of September 22 and the morning of September 23, please contact Loon Lake RCMP immediately at 310-RCMP (7267). Information can also be submitted anonymously by contacting Saskatchewan Crime Stoppers at 1-800-222-TIPS (8477) or www.saskcrimestoppers.com.

    MIL Security OSI –

  • MIL-OSI Global: South African women face exclusion from society due to gender-based violence – how they’re fighting back

    Source: The Conversation – Africa – By Amanda Gouws, Professor of Political Science and Chair of the South African Research Initiative in Gender Politics, Stellenbosch University

    When South Africa became a democracy in 1994, a primary goal was to grant citizenship rights to all its people, in particular, to give the majority black South Africans rights they had been denied during colonialism and apartheid. This included the right to vote.

    Apartheid segregated the population into ethnic groups. All but people classified as white were stripped of their rights. The 1996 constitution conferred upon citizens civil liberties such as the right to vote, movement, association and free speech as well as substantive rights such as access to land, health, education and employment.

    But, as I argue in the Palgrave Handbook of Gender and Citizenship, full citizenship is about more than a legal status that grants rights. Full citizenship also means being able to fully participate in a society.

    Based on my research into South African politics and gender politics over the past three decades I argue in a recent chapter that women in South Africa don’t enjoy full citizenship because they face endemic gender-based violence.

    Sexual violence against women has become normalised in South Africa. Everyday spaces are filled with violence, as indicated by the South African Police Service’s quarterly crime statistics.

    I conclude in the book chapter that people who feel excluded turn to protest to claim their rights as citizens. In doing so they become activist citizens.

    Acts of citizenship can occur in many different places – on streets, in courts, at borders, or even through media. They can happen on different scales, from local community action to international movements. These acts may involve protests, organising campaigns, or using digital media to spread awareness. People engaging in these acts might demand a wide range of rights, including political, social, sexual, ecological, or cultural rights.



    Read more:
    Gender apartheid: oppression of women should be made a crime against humanity – feminist academic explains why

    While legal frameworks to enhance citizenship have changed over the past 30 years in South Africa, deep-seated inequalities and exclusions persist. Law reform cannot address high levels of unemployment (that need to be rectified through economic growth), neither can it address poverty that is endemic because of the legacies of apartheid, such as the exclusion from decent education and health care.

    Acts of citizenship – whether through protest (such as service delivery protest), art, or everyday actions – continue to play a crucial role in expanding the boundaries of who is considered a citizen and what rights citizens can claim.

    By understanding citizenship as something that is actively performed and claimed, rather than simply granted, society can better appreciate the ongoing struggles for equality and recognition.

    Acts of citizenship

    Emotions play a significant role in these citizenship actions, a concept known as “affective citizenship”. Expressions of fear, happiness, loneliness, anger, or grief can all be part of how people assert their rights and demand recognition. These emotional displays can be disruptive or more conventional, but they all focus on exclusions from citizenship.

    Some acts of citizenship involve a “politics of refusal” – rejecting unfair conditions or norms. This refusal can expose hidden issues within citizenship, such as specific forms of gendered violence or discrimination. By disrupting “business as usual”, these acts force society to confront uncomfortable truths.

    It’s important to note that acts of citizenship aren’t always large-scale or dramatic. They can also involve everyday actions that challenge norms or assert rights in smaller ways. What matters is that these acts transform the actors from passive subjects into active citizens claiming their rights.

    Examples include the #EndRapeCulture campaign of 2016, when women protested against pervasive sexual violence on university campuses. At the same time, transgender students also protested against marginalisation.

    Both groups of students used naked protests to show their refusal to be treated as though they were not citizens. Through their campaign, the students rejected behaviour and attitudes that normalise sexual violence on campuses.

    Women students disrupted public spaces by protesting topless or in their underwear, sometimes brandishing sjamboks (plastic whips). These actions expressed anger at university authorities’ failure to address sexual violence. The activists were refusing to be treated as though they were not citizens.

    By using their bodies in these acts of citizenship the protesters made visible the rage many South African women feel about sexual violence committed with seeming impunity. They highlighted how women’s bodies are vulnerable to violence due to neglect by authorities in implementing their own laws, such as the Sexual Offences Act and the Domestic Violence Act.



    Read more:
    Victory for women’s rights in Ghana as affirmative action law is passed – what must happen next

    For its part the Trans Collective, a group of transgender students at the University of Cape Town, used a provocative art intervention to highlight the erasure or the making invisible of transgender experiences within the broader student movement during the same 2016 period.

    They smeared red paint on photographs at an exhibit about student activism and used their naked, paint-covered bodies to block the entrance of the art gallery at the university to force visitors to confront the physical reality of how transgender rights are often “trampled” or ignored, even within progressive movements.

    Impact

    Acts of citizenship – whether through naked protests, art interventions, or other forms of activism – serve multiple purposes:

    • They make visible groups and issues that are overlooked or deliberately ignored.

    • They challenge conventional understandings of how citizens should behave or what citizenship looks like.

    • They create new spaces for political action and discourse.

    • They force society and authorities to confront uncomfortable truths about exclusion and violence.

    • They assert the agency of marginalised groups in defining and claiming their rights.

    Amanda Gouws receives funding from the NRF through her SARChI Chair in Gender Politics.

    – ref. South African women face exclusion from society due to gender-based violence – how they’re fighting back – https://theconversation.com/south-african-women-face-exclusion-from-society-due-to-gender-based-violence-how-theyre-fighting-back-237493

    MIL OSI – Global Reports –

  • MIL-OSI USA: Readout of International Contact Group Meeting on Civilian Harm Mitigation and Response

    Source: United States Department of Defense

    Department of Defense Spokesperson Lisa Lawrence provided the following statement:

    Today, senior representatives from Austria, Australia, Belgium, Denmark, Finland, Germany, Netherlands, Norway, the United Kingdom, and the United States, convened virtually for a meeting of the International Contact Group on Civilian Harm Mitigation and Response.

    The participants discussed the importance of mitigating civilian harm caused by military operations as well as responding effectively when civilian harm does occur.  The participants also emphasized that efforts to mitigate and respond to civilian harm reflect mutual values and directly contribute to both mission success and public confidence in the armed forces.

    All the representatives from participating countries, guided by their shared values and commitment to preserving international norms, expressed their commitment to promote civilian harm mitigation best practices within their respective armed forces.

    MIL OSI USA News –

  • MIL-OSI USA: H.R. 9747 Continuing Appropriations and Extensions Act, 2025

    Source: US Congressional Budget Office

    Division A would provide for the continuation, through December 20, 2024, of the appropriations and authorities contained in the 12 regular appropriation acts for 2024, which were contained in divisions A through F of the Consolidated Appropriations Act, 2024 (Public Law 118-42) and divisions A through F of the Further Consolidated Appropriations Act, 2024 (P.L. 118-47). Estimates are annualized—that is, estimated as if appropriations were provided for the entire fiscal year.

    Division B would revise the phase-in period for payment changes for Medicare clinical laboratory tests,   provide additional funding for the Medicare Improvement Fund, and extend the authorization of several health and veteran programs. CBO’s estimates of the budgetary effects of division B are summarized in Table 2. In keeping with title IV of division B, and at the direction of the House and Senate Budget Committees, that division is considered authorizing legislation and its budgetary effects are subject to pay-as-you-go procedures.

    MIL OSI USA News –

  • MIL-OSI USA: Dissenting Statement of Commissioner Caroline D. Pham on the Filing of Administrative Complaints for Enforcement Actions

    Source: US Commodity Futures Trading Commission







    /PressRoom/SpeechesTestimony/phamstatement092424

    Skip to main content

  • MIL-OSI Translation: Minister LeBlanc launches Canada’s Community Safety Program to protect communities from hate-motivated crimes

    MIL OSI Translation. Canadian French to English –

    Source: Government of Canada – in French 1

    Press release

    September 24, 2024

    Ottawa, Ontario

    Everyone living in Canada deserves to be and feel safe in their community. In recent years, we have seen an unacceptable increase in hate incidents targeting many communities, particularly those that are more vulnerable. In response, the federal government is developing safety programs tailored to their needs to ensure their safety.

    Today, the Honourable Dominic LeBlanc, Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, launched the new Canada Community Safety Program (CCSP), and announced that the program will be ready to accept funding applications from eligible organizations starting October 1, 2024.

    The CCSP replaces and enhances the Security Infrastructure Funding Program (SIFP), which aims to support communities by investing in security measures that will help keep them safe. Eligible measures include security equipment and materials, minor renovations to enhance security, security and emergency plans and assessments, hate-motivated incident response training, and time-limited security personnel.

    The federal government listened to concerned organizations and partners and designed the CCSP to better meet the needs of communities and provide greater flexibility for organizations applying for financial support. Under the CCSP:

    Funding eligibility criteria have been expanded to include office and administrative spaces, cemeteries and early childhood centres; up to 70% of eligible project costs can be covered, compared to 50% of costs under the SIPP; funding for authorized, time-limited third-party security personnel is now a permanent feature of the Program; the maximum amount (or stacking limit) of total government assistance (federal, provincial, territorial and municipal) has been eliminated, providing organizations with more opportunities to apply for other sources of funding; application requirements have been modified to reduce administrative barriers; organizations can apply for funding at any time of the year through an ongoing call for applications process; and organizations can apply for funding and deliver projects on behalf of eligible associated recipients.

    Together, these measures will make it easier for organizations to fund their projects and protect their community gathering places.

    Quotes

    “Every person living in Canada deserves to feel safe in their community. The changes we are making through the new Canada Community Safety Program are informed by what we heard from organizations that interacted with its predecessor, the Security Infrastructure Program. It is now a more flexible, more generous and simpler program that will make it easier for vulnerable communities to protect themselves from hate-motivated crimes.”

    – The Honourable Dominic LeBlanc, Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs

    Quick Facts

    Hate crimes are considered one of the most underreported offences. Research shows that only one-third of hate crime victims in Canada report a crime to police.

    Additional funding for the PSCC was announced in Budget 2023 and Budget 2024 as follows:

    16 million in 2024-2025; 16 million in 2025-2026; 11 million in 2026-2027; 11 million in 2027-2028; 11 million in 2028-2029 and thereafter.

    The CCSP is one of four programs under the National Crime Prevention Strategy, which supports targeted, local crime prevention initiatives and knowledge development and sharing to prevent and reduce crime among at-risk populations and vulnerable communities. The other programs are: the Crime Prevention Action Fund, the Youth Gang Prevention Fund and the Aboriginal and Northern Crime Prevention Fund.

    The PFPIS was originally created in 2007 to support communities at risk of hate crimes by improving their safety infrastructure. This important work will now continue under the PSCC.

    In total, through the SIP and the expanded Security Infrastructure Program (SIIP), the Government of Canada has invested more than $30 million in funding for over 770 projects to help Canadian communities at risk of hate-motivated crime protect their communities and strengthen the security of their community centres, places of worship and other facilities.

    To better support communities in need, costs related to security personnel hired for a fixed period are eligible for reimbursement starting September 24, 2024 and following project approval.

    Public Safety will contact organizations that have submitted an application under the PFPIS to discuss the status of their application and their participation under the PSCC.

    Organizations wishing to be kept informed of the launch of the next PSCC call for applications are invited to register at distribution list from the National Crime Prevention Center.

    Following the National Summit on Antisemitism and the National Summit on Islamophobia, the Government of Canada committed to considering adjustments to the SIP. The SIP will enable the Government of Canada to be more effective and more responsive to the safety and security needs of communities.

    Budget 2024 provides an investment of $273.6 million over six years, starting in 2024–25, and $29.3 million ongoing, for Canada’s Action Plan to Combat Hate. The upcoming Action Plan will support expanded community services and law enforcement reform, address the rise in hate crimes and incidents, strengthen community safety, combat radicalization, and increase support for victims. The additional funding provided to the CCSP in Budget 2024 is part of an investment in this first-ever whole-of-government action plan to prevent and combat hate.

    Related links

    Contact persons

    Gabriel BrunetPress SecretaryOffice of the Honourable Dominic LeBlancMinister of Public Safety, Democratic Institutions and Intergovernmental Affairs819-665-6527gabriel.brunet@iga-aig.gc.ca

    Media RelationsPublic Safety Canada613-991-0657media@ps-sp.gc.ca

    EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure not be perfect.

    MIL Translation OSI

  • MIL-OSI Security: Federal Jury Convicts Browning Man of Distributing Fentanyl That Resulted in Death of Man on Blackfeet Indian Reservation

    Source: Federal Bureau of Investigation (FBI) State Crime News

    GREAT FALLS — A federal jury on Thursday found a Browning man guilty of distributing fentanyl that resulted in the death of a man in his home on the Blackfeet Indian Reservation, U.S. Attorney Jesse Laslovich said today.

    After a three-day trial that began on Sept. 17, the jury found the defendant, Douglas Darren Malatare, 59, guilty of distribution of fentanyl resulting in death and possession with intent to distribute fentanyl as charged in an indictment. Malatare faces a mandatory minimum of 20 years to life in prison, a $1 million fine and at least three years of supervised release on the distribution charge and a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release on the possession charge.

    Chief U.S. District Judge Brian M. Morris presided. The court set sentencing for Jan. 22, 2025. Malatare was detained pending further proceedings.

    “Fentanyl is our nation’s deadliest illicit drug threat, as it is devastating families and communities. And we are fiercely determined to hold accountable those who are responsible for such devastation, especially when one’s drug trafficking results in another’s death. Malatare poisoned the Blackfeet reservation and made thousands of dollars doing it, including costing the victim his life. I applaud the jury for holding Malatare accountable and am relieved Malatare will no longer be poisoning the streets of Browning and the surrounding area,” U.S. Attorney Laslovich said.

    In court documents and at trial, the government alleged that on Nov. 19, 2022, the mother of the victim, John Doe, with whom she shared a residence, found him deceased in his bathroom. Doe was 49 years old when he died, and his body showed no obvious signs of cause of death. Blackfeet Law Enforcement Services and the Glacier County coroner investigated. In Doe’s bedroom, law enforcement found blue powder and a straw on top of a dresser. Doe’s mother reported that Doe had been at the residence the evening before. That evening, Doe’s friend, Malatare, had visited with Doe outside the residence. Doe and his mother then had dinner, during which she noticed Doe had a hard time staying awake. Doe’s mother found him unresponsive in the bathroom. Forensic testing and an autopsy conducted on Doe’s body showed that he had fentanyl in his blood and urine. Ibuprofen and hydrocodone also were detected in his body. A medical examiner concluded that Doe had died of acute fentanyl intoxication.

    The government further alleged that a law enforcement search of Doe’s cell phone found a text exchange between Doe and Malatare the evening Doe overdosed. The exchange included:

    Malatare to Doe: “Catch up with you lil bit bro, you looking.”

    Doe to Malatare: “Yeah, I’ll be home. Just got off work. I can only afford half if you can stop by.”

    An investigation determined that beginning in at least September 2022, an individual named “Doug,” and later identified as Malatare, was bringing fentanyl from Washington to the Blackfeet Indian Reservation and that Malatare made several quick trips back and forth to Washington between September and December 2022. On Dec. 17, 2022, Blackfeet Law Enforcement Services stopped Malatare for speeding and used a K-9 to conduct a sniff search on the car. The K-9 alerted to the presence of narcotics. Law enforcement seized the car and obtained a search warrant. Officers searched a fanny pack before allowing Malatare to possess it and found a bag of blue and white pills that they suspected contained fentanyl. In a search of the vehicle, officers found a quantity of multi-colored fentanyl pills in the back seat behind a middle armrest. They also recovered a digital scale and multiple rolls of U.S. currency.  An analysis determined both the multi-colored pills and blue and white pills contained fentanyl. In total, the Drug Enforcement Administration lab found more than 600 fentanyl pills. A witness told law enforcement that Malatare was bragging that he purchased the pills for $2 per pill in Washington and sold them for $50 to $60 per pill in Montana. The pills seized from Malatare had an estimated street value of more than $30,000. 

    The U.S. Attorney’s Office is prosecuting the case. The Blackfeet Law Enforcement Services, Bureau of Indian Affairs, Montana Division of Criminal Investigation, Glacier County Sheriff’s Office, DEA, and FBI conducted the investigation.

    XXX

    MIL Security OSI –

  • MIL-OSI: Nasdaq Announces Mid-Month Open Short Interest Positions in Nasdaq Stocks as of Settlement Date September 13, 2024

    Source: GlobeNewswire (MIL-OSI)

    NEW YORK, Sept. 24, 2024 (GLOBE NEWSWIRE) — At the end of the settlement date of September 13, 2024, short interest in 3,057 Nasdaq Global MarketSM securities totaled 12,241,625,467 shares compared with 12,296,040,928 shares in 3,037 Global Market issues reported for the prior settlement date of August 30, 2024. The mid-September short interest represents 3.06 days compared with 3.38 days for the prior reporting period.

    Short interest in 1,670 securities on The Nasdaq Capital MarketSM totaled 2,107,947,669 shares at the end of the settlement date of September 13, 2024, compared with 2,103,446,709 shares in 1,668 securities for the previous reporting period. This represents a 1.34 day average daily volume; the previous reporting period’s figure was 1.27.

    In summary, short interest in all 4,727 Nasdaq® securities totaled 14,349,573,136 shares at the September 13, 2024 settlement date, compared with 4,705 issues and 14,399,487,637 shares at the end of the previous reporting period. This is 2.57 days average daily volume, compared with an average of 2.72 days for the prior reporting period.

    The open short interest positions reported for each Nasdaq security reflect the total number of shares sold short by all broker/dealers regardless of their exchange affiliations. A short sale is generally understood to mean the sale of a security that the seller does not own or any sale that is consummated by the delivery of a security borrowed by or for the account of the seller.

    For more information on Nasdaq Short interest positions, including publication dates, visit
    http://www.nasdaq.com/quotes/short-interest.aspx
    or http://www.nasdaqtrader.com/asp/short_interest.asp.

    About Nasdaq:
    Nasdaq (Nasdaq: NDAQ) is a leading global technology company serving corporate clients, investment managers, banks, brokers, and exchange operators as they navigate and interact with the global capital markets and the broader financial system. We aspire to deliver world-leading platforms that improve the liquidity, transparency, and integrity of the global economy. Our diverse offering of data, analytics, software, exchange capabilities, and client-centric services enables clients to optimize and execute their business vision with confidence. To learn more about the company, technology solutions, and career opportunities, visit us on LinkedIn, on X @Nasdaq, or at www.nasdaq.com. 

    Media Contact:
    Jennifer Lawson
    jennifer.lawson@nasdaq.com

    A graph accompanying this announcement is available at https://www.globenewswire.com/NewsRoom/AttachmentNg/ea6c93d1-befd-4bc5-88a7-0ac3aaa2dcbf

    NDAQO

    The MIL Network –

  • MIL-OSI Video: Department Celebrates 30th Anniversary of the COPS Office

    Source: United States Department of Justice (video statements)

    The Justice Department celebrated the 30th Anniversary of the Community Oriented Policing Services Office (COPS) and announced that it has awarded over $600 million in grant funding to law enforcement agencies and stakeholders across the country.

    The funding was announced as part of the Justice Department’s celebration of the 30th anniversary of the COPS Office, commemorating 30 years since the passage of the Violent Crime Control and Law Enforcement Act. Since that time, the COPS Office has advanced community policing across the country by providing a variety of resources, including grant funding, training, technical assistance, and a wide range of publications and other resources.

    Related:
    https://www.justice.gov/opa/pr/justice-department-awards-over-600m-hire-law-enforcement-officers-keep-schools-safe-and

    https://www.justice.gov/opa/speech/principal-deputy-associate-attorney-general-benjamin-c-mizer-delivers-remarks

    https://www.justice.gov/opa/speech/attorney-general-merrick-b-garland-delivers-remarks-delivers-remarks-30th-anniversary

    https://www.justice.gov/opa/speech/deputy-attorney-general-lisa-monaco-delivers-remarks-delivers-remarks-30th-anniversary

    https://www.youtube.com/watch?v=U3tf1jP8n58

    MIL OSI Video –

  • MIL-OSI USA: Welch in Judiciary Committee Hearing on SCOTUS’ Unprecedented Immunity Decision: “My concern is the rule of law is being whittled away.”

    US Senate News:

    Source: United States Senator Peter Welch (D-Vermont)

    WASHINGTON, D.C. – At a Senate Judiciary Committee hearing today, Senator Peter Welch (D-Vt.) emphasized how the U.S. Supreme Court’s recent ruling in former President Donald Trump’s immunity case endangers the United States’ constitutional system of checks and balances and Congress’ constitutional responsibility to enforce the rule of law. Senator Welch also questioned witnesses about how the Supreme Court’s unprecedented immunity decision undermines the core democratic principle that no one is above the law. 
    “At the heart of this seems to be a core dispute about whether presidential power needs immunity in order to be effective, powerful and unconstrained, or whether presidential power within the Constitution—adhering to the doctrine of separation of powers, adhering to the doctrine that no person is above the law—needs constraints,” said Senator Welch.  
    Questioning Michael Mukasey, former Attorney General under President George W. Bush, Senator Welch noted, “General Mukasey, you expressed a concern about the powers of the presidency being ‘whittled away.’ My concern is the rule of law is being whittled away. My concern is that constitutional freedoms are in the process of being whittled away. What’s been whittled away are the checks and balances at the core of our constitutional system. And, Mr. Chairman, what’s being whittled away is the Article I responsibility of Congress to enforce the rule of law.” 
    Senator Welch also asked Executive Director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law School Mary McCord about potential ramifications of the Court’s decision to define presidential actions in office as absolutely immune. Professor McCord testified that the decision opens the doors to activities that scholars agree should not have immunity. 
    Senator Welch concluded: “Mr. Chairman, this is not about the Court—this is about us. It’s about how much confidence we have in our capacity as a democracy to govern ourselves as opposed to transfer that responsibility—without limitation—to a person in an office who is not traditionally been above the law, but subject to the law, and whose responsibility is to serve us and not use authority to abuse us.” 
    Watch the Senator’s full remarks below. 

    Senator Welch is a cosponsor of the No Kings Act, legislation that would reaffirm that the President is not immune to legal accountability and remove the Supreme Court’s jurisdiction to hear appeals related to presidential immunity from criminal law. Senator Welch is also a cosponsor of the Supreme Court Ethics, Recusal, and Transparency Act of 2023, which the Judiciary Committee advanced this summer with unanimous Democratic support. The legislation requires the Supreme Court to adopt a code of conduct, establish a mechanism to investigate breaches of that code, recuse themselves when they have conflicts of interest in cases, and disclose gifts and income, among other provisions.  

    MIL OSI USA News –

  • MIL-OSI USA: DLE News Release: Hawai‘i awarded $800,000 targeted violence prevention grant

    Source: US State of Hawaii

    DLE News Release: Hawai‘i awarded $800,000 targeted violence prevention grant

    Posted on Sep 24, 2024 in Latest Department News, Newsroom

    DEPARTMENT OF LAW ENFORCEMENT

    Ka ʻOihana Hoʻokō Kānāwai

    JOSH GREEN, M.D.

    GOVERNOR

    KE KIAʻĀINA

     

    JORDAN LOWE

    DIRECTOR

    KA LUNA HO‘OKELE

     

     

    FOR IMMEDIATE RELEASE

    September 24, 2024

    Hawai‘i awarded $800,000 targeted violence prevention grant

    HONOLULU – The Hawai‘i Department of Law Enforcement Office of Homeland Security (OHS) is receiving a $803,330 Targeted Violence and Terrorism Prevention grant from U.S. Department of Homeland Security (DHS) to expand current initiatives and implement new measures to prevent targeted violence statewide.

    “This award demonstrates a commitment by DHS’s Center for Prevention Programs and Partnerships to help us protect our communities from increasing threats of targeted violence,” said Frank Pace, OHS Administrator.

    Targeted violence refers to premeditated violence directed toward a specific individual, group, or location. Perpetrators often select their targets as the result of grievances. They may be motivated by many things including religious ideologies, political beliefs, conspiracy theories, or they may be victims of bullying.

    The newly allocated funding will enhance statewide targeted violence prevention training for nonprofits, public and private schools and government agencies. The grant will also fund OHS to help Guam development its targeted violence prevention program.

    “The Office of Homeland Security is focused on protecting people by providing the resources they need to identify, assist and most importantly, stop those on a pathway to violence. We can’t just react to targeted violence. We must, as a community, recognize the potential for violence and prevent tragedies before they occur.” Pace said.

    “The Department of Law Enforcement is committed to using all resources at its disposal to protect our residents through effective enforcement and by working with our communities to implement violence prevention strategies,” said Department of Law Enforcement Director Jordan Lowe.

    To view the statewide Targeted Violence Prevention Strategy and Implementation Plan, please visit this link. If you are interested in becoming a partner in preventing targeted violence in Hawai‘i, send an e-mail to [email protected], or visit OHS online at law.hawaii.gov/ohs.

    ###

    Media Contact:

    Brooks Baehr

    Public Information Officer

    Department of Law Enforcement

    715 S. King Street

    Honolulu, Hawai‘i 96813

    Office 808-587-5051

    Mobile 808-892-9272

    MIL OSI USA News –

  • MIL-OSI USA: Governor Newsom signs consumer protection bills targeting medical debt, overdraft fees, and unfair subscription practices

    Source: US State of California 2

    Sep 24, 2024

    What you need to know: New laws will strengthen consumer protections and help save Californians money.

    SACRAMENTO – Governor Gavin Newsom signed a package of bills that will strengthen protections for consumers, addressing issues that have put financial strain on Californians while setting new standards for transparency and accountability across industries.

    “Nobody wants to get ripped off, whether it’s a small subscription fee that’s seemingly impossible to cancel or massive medical debts which force families into financial ruin. We’re strengthening protections for Californians across the board and helping save consumers money.”

    Governor Gavin Newsom

    Medical debt relief

    SB 1061 by Senator Monique Limón (D-Santa Barbara) targets the devastating impact of medical debt on consumers. Under this new law, medical debt will no longer be included on consumers’ credit reports, ensuring that people are not penalized for the high costs of necessary healthcare. The bill also prohibits using any medical debt listed on a credit report as a negative factor when making credit decisions, and gives individuals more room to address their medical bills before debt collection and reporting actions can take place.

    “I am proud to author legislation to provide relief to Californians suffering from the burden of medical debt,” said Senator Limón. “No Californian should be unable to secure housing, a loan, or even a job because they accessed necessary medical care. With this new law, California is stepping up to protect consumers impacted by the effects of medical debt.” 

    Making it easier to cancel subscriptions

    AB 2863 by Assemblymember Pilar Schiavo (D-Chatsworth) addresses complicated auto-renewing subscription services that are easy to sign up for but hard to cancel. The bill requires companies offering automatic renewals and continuous services to provide consumers a means to cancel the subscription using the same medium they used to sign up; for example, a person who subscribes online has to be given an online click-to-cancel option. This ensures that consumers can easily exit from services they no longer want, without being trapped by confusing processes or hidden fees.

    “At a time when too many in our community are struggling, unwanted subscription renewals can really add up. AB 2863 is the most comprehensive ‘Click to Cancel’ legislation in the nation,  ensuring Californians can  cancel unwanted automatic subscription renewals just as easily as they signed up – with just a click or two,” said Assemblymember Schiavo. “California is setting a model for the nation on protecting consumers from unnecessary charges – giving them more control over their finances and helping to ensure fair business practices, providing a win for both consumers and small businesses. I’m grateful that this important legislation was signed, as it will mean more money in the pockets of people throughout our community.” 

    Protecting against unfair fees 

    AB 2017 by Assemblymember Tim Grayson (D-Concord) and SB 1075 by Senator Steven Bradford (D-Gardena) address unfair banking practices. AB 2017 prohibits certain banks and credit unions from charging nonsufficient funds fees when a transaction is declined due to the consumer having insufficient funds. SB 1075 sets limits on the amount credit unions can charge for overdraft fees. These bills aim to protect lower-income Californians that are disproportionately impacted by financial fees that can push them deeper into financial hardship.

    Additional consumer protection measures signed into law

    • AB 1849 by Assemblymember Tim Grayson (D-Concord) – Song-Beverly Consumer Warranty Act: services and repairs: travel trailers and motor homes (signed earlier this year).
    • AB 1900 by Assemblymember Dr. Akilah Weber (D-San Diego) – Consumer refunds: nondisclosure agreements (signed earlier this year).
    • AB 1971 by Assemblymember Dawn Addis (D-Morro Bay) – Administration of standardized tests.
    • AB 2202 by Assemblymember Anthony Rendon (D-Lakewood) – Short-term rentals: disclosure: cleaning tasks.
    • AB 2297 by Assemblymember Laura Friedman (D-Glendale) – Hospital and Emergency Physician Fair Pricing Policies.
    • AB 2347 by Assemblymember Ash Kalra (D-San Jose) – Summary proceedings for obtaining possession of real property: procedural requirements.
    • AB 2426 by Assemblymember Jacqui Irwin (D-Thousand Oaks) – Consumer protection: false advertising: digital goods.
    • AB 2801 by Assemblymember Laura Friedman (D-Glendale) – Tenancy: Security Deposits (signed earlier this year).
    • AB 2837 by Assemblymember Rebecca Bauer-Kahan (D-Orinda) – Civil actions: enforcement of money judgments.
    • AB 2992 by Assemblymember Stephanie Nguyen (D-Elk Grove) – Real Estate Law: buyer-broker representation agreements.
    • AB 3108 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Business: mortgage fraud.
    • AB 3283 by the Committee on Judiciary – Enforcement of judgments: claims of exemption (signed earlier this year).
    • SB 919 by Senator Thomas Umberg (D-Santa Ana) – Franchise Investment Law: franchise brokers.
    • SB 924 by Senator Steven Bradford (D-Gardena) – Tenancy: credit reporting: lower income households.
    • SB 1286 by Senator Dave Min (D-Irvine) – Rosenthal Fair Debt Collection Practices Act: covered debt: commercial debts.

    Recent news

    Sep 24, 2024

    News SACRAMENTO – As Tropical Storm Helene is expected to strengthen into a hurricane as it moves toward Florida’s Panhandle, Governor Gavin Newsom today announced the deployment of California firefighters to assist in staffing a Federal Emergency Management Agency…

    Sep 23, 2024

    News What you need to know: Governor Newsom signed four bills today to help law enforcement crack down on dangerous sideshows and street takeovers. These new laws will hold participants and organizers accountable by providing law enforcement with the tools to seize…

    Sep 23, 2024

    News What you need to know: Governor Gavin Newsom today signed Assembly Bill 3216, the Phone-Free School Act, to require every school district, charter school and county office of education to develop a policy limiting the use of smartphones by July 1, 2026….

    MIL OSI USA News –

  • MIL-OSI USA: Public Notice of Intent to Issue a Categorical Exclusion to Rockland Oaks

    Source: US State of Rhode Island

    Rhode Island Department of Health (RIDOH) is seeking public comment on its intent to issue a Categorical Exclusion.

    RIDOH has reviewed for approval the request by the Rockland Oaks public water system (PWS # RI1000020), in cooperation with an adjacent public water system, the Scituate High School & Middle School public water system (PWS # RI1615612) for a Categorical Exclusion determination for its proposed Rockland Oaks Public Water System Improvements project. Water supply for the Rockland Oaks facility is proposed to be provided by a new distribution connection to the Scituate High School & Middle School public water system (PWS # RI1615612) and improvements to the Rockland Oaks equipment/mechanical room, with the intent of ultimately inactivating the Rockland Oaks public water system (PWS # RI1000020). In addition to developing a new transmission main to Rockland Oaks, the project scope involves development of a new public well #4 at the High School/Middle School campus and select improvements to the High School/Middle School system related to the new connection, including to the pump house, controls, storage tank, and distribution pump system, presently under construction. The project location(s) will include the Scituate High School/Middle School campus located at 94 Trimtown Road, Scituate, RI 02857 (Scituate Assessors Map 33 Lot 14) through Rockland Road and into Rockland Oaks located at 104 Rockland Road, North Scituate, RI 02857 (Scituate Assessors Map 33 Lot 127).

    It has been determined that any impacts from the project, subject to certain defined conditions and with all proposed mitigation and the required mitigation and conditions in accordance with state permits and comments, would be minor and short term in duration and that the project, subject to certain defined conditions and with all proposed mitigation and the required mitigation and conditions in accordance with state permits and comments, will not individually, or cumulatively over time, have a significant effect on the quality of the environment. Therefore, RIDOH is hereby giving notice of intent to issue a Categorical Exclusion for the proposed project pursuant to the requirements and authority set forth in Chapter 46-12.8 of the General Laws of Rhode Island and the Drinking Water State Revolving Fund regulations (216-RICR-50-05-6).

    A copy of the proposed Categorical Exclusion can be obtained by calling RIDOH’s Center for Drinking Water Quality at 401-222-6867 weekdays from 8:30 a.m. to 4:30 p.m. or by emailing DOH.RIDWQ@health.ri.gov. All material submitted for review is available for public inspection weekdays from 8:30 a.m. to 4:30 p.m. at RIDOH, Center for Drinking Water Quality, Three Capitol Hill, Room 209, Providence, RI 02908.

    Written comments should be sent to the Center for Drinking Water Quality at the address above or emailed to DOH.RIDWQ@health.ri.gov within thirty (30) days of the date of this notice.

    A public hearing to hear or otherwise receive comments on the proposed intent to issue a Categorical Exclusion will be held if RIDOH receives such a request by twenty-five (25) persons, or by a governmental agency, or by an association having not less than twenty-five (25) members, within ten (10) days of published notice. If a public hearing is held, it will be open to the public, recorded and held at least five (5) days before the end of the public-comment period. A hearing will not be held earlier than ten (10) days after notice of its location, date, and time published. A request for a public hearing should be sent to the Center for Drinking Water Quality at the address above or emailed to DOH.RIDWQ@health.ri.gov. Notice should be taken that if RIDOH receives a request(s) as provided above on or before 4:30 p.m., October 4, 2024, a public hearing will be held at the following time and place:

    October 8, 2024, at 11 a.m. RIDOH Auditorium Three Capitol Hill Providence, Rhode Island 02908

    Interested persons should contact RIDOH to confirm if a hearing will be held at the time and location noted above.

    The location of the public hearing will be accessible to the handicapped. Interpreter services for people with hearing impairment and audiotapes for people with vision impairment will be made available. RIDOH is handicap accessible to individuals with disabilities.

    Please call RIDOH’s Center for Drinking Water Quality at 401-222-6867 for further information. For individuals requesting communication assistance, call Rhode Island Relay (TTY) at 711 or 800-745-5555 at least forty-eight (48) hours in advance.

    MIL OSI USA News –

  • MIL-OSI Security: RM of East St Paul — Selkirk RCMP investigating after body found in the Red River

    Source: Royal Canadian Mounted Police

    On September 21, 2024, at approximately 1:00 pm, Selkirk RCMP responded to a report of a body floating in the Red River near the 3900 block of Henderson Highway, in the RM of East St Paul.

    The autopsy has confirmed that the cause of death is not criminal in nature however identification of the deceased is pending.

    Selkirk RCMP continue to investigate.

    MIL Security OSI –

  • MIL-OSI Security: Former Ohio Municipal Prosecutor and Former Criminal Defendant Charged with Bribery Conspiracy

    Source: United States Attorneys General 13

    An indictment was unsealed today charging two Ohio men with a bribery scheme in which a municipal prosecutor agreed to help a criminal defendant with his pending cases in exchange for auto repair work.

    According to the indictment, Nicholas Graham, 52, of Warren, was a prosecutor who represented the City of Warren in Warren Municipal Court. Brian Votino, 52, of Niles, had two criminal cases pending in the same court. The indictment alleges that, in October 2019, Graham and Votino agreed that Graham would take action to benefit Votino with respect to Votino’s criminal cases in return for Votino performing repairs to Graham’s truck. To cover up the bribery arrangement, Graham instructed Votino through an intermediary to falsify a bill for the repair services and not to tell Votino’s criminal defense lawyer. According to the indictment, Graham and Votino ultimately carried out their agreement. In exchange for the repair work by Votino, Graham took official action to reduce the charges against Votino and advocated for a lenient sentence.

    Graham and Votino are charged with one count of conspiracy, one count of honest services wire fraud, and one count of Hobbs Act extortion. If convicted of all counts, they each face a maximum penalty of 45 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio; and Special Agent in Charge Gregory D. Nelsen of the FBI Cleveland Field Office made the announcement.

    The FBI Cleveland Field Office is investigating the case.

    Trial Attorney Blake J. Ellison of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Elliot Morrison for the Northern District of Ohio are prosecuting the case.

    An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

    MIL Security OSI –

  • MIL-Evening Report: AI is fuelling a deepfake porn crisis in South Korea. What’s behind it – and how can it be fixed?

    Source: The Conversation (Au and NZ) – By Sungshin (Luna) Bae, PhD student, Gender Equality Policy Special Public Officer at the Supreme Prosecutors’ Office in South Korea, Monash University

    It’s difficult to talk about artificial intelligence without talking about deepfake porn – a harmful AI byproduct that has been used to target everyone from Taylor Swift to Australian school girls.

    But a recent report from startup Security Heroes found that out of 95,820 deepfake porn videos analysed from different sources, 53% featured South Korean singers and actresses – suggesting this group is disproportionately targeted.

    So, what’s behind South Korea’s deepfake problem? And what can be done about it?

    Teenagers and minors among victims

    Deepfakes are digitally manipulated photos, video or audio files that convincingly depict someone saying or doing things they never did. Among South Korean teenagers, creating deepfakes has become so common that some even view it as a prank. And they don’t just target celebrities.

    On Telegram, group chats have been made for the specific purpose of engaging in image-based sexual abuse of women, including middle-school and high-school students, teachers and family members. Women who have their pictures on social media platforms such as KakaoTalk, Instagram and Facebook are also frequently targeted.

    The perpetrators use AI bots to generate the fake imagery, which is then sold and/or indiscriminately disseminated, along with victims’ social media accounts, phone numbers and KakaoTalk usernames. One Telegram group attracted some 220,000 members, according to a Guardian report.

    A lack of awareness

    Despite gender-based violence causing significant harm to victims in South Korea, there remains a lack of awareness on the issue.

    South Korea has experienced rapid technological growth in recent decades. It ranks first in the world in smartphone ownership and is cited as having the highest internet connectivity. Many jobs, including those in restaurants, manufacturing and public transport, are being rapidly replaced by robots and AI.

    But as Human Rights Watch points out, the country’s progress in gender equality and other human rights measures has not kept pace with digital advancement. And research has shown that technological progress can actually exacerbate issued of gender-based violence.

    Since 2019, digital sex crimes against children and adolescents in South Korea have been a huge issue – particularly due to the “Nth Room” case. This case involved hundreds of young victims (many of whom were minors) and around 260,000 participants engaged in sharing exploitative and coercive intimate content.

    The case triggered widespread outrage and calls for stronger protection. It even led to the establishment of stronger conditions in the Act on Special Cases Concerning the Punishment of Sexual Crimes 2020. But despite this, the Supreme Prosecutors’ Office said only 28% of the total 17,495 digital sex offenders caught in 2021 were indicted — highlighting the ongoing challenges in effectively addressing digital sex crimes.

    In 2020, the Ministry of Justice’s Digital Sexual Crimes Task Force proposed about 60 legal provisions, which have still not been accepted. The team was disbanded shortly after the inauguration of President Yoon Suk Yeol’s government in 2022.

    During the 2022 presidential race, Yoon said “there is no structural gender discrimination” in South Korea and pledged to abolish the Ministry of Gender Equality and Family, the main ministry responsible for preventing gender-based violence. This post has remained vacant since February of this year.

    Can technology also be the solution?

    But AI isn’t always harmful – and South Korea provides proof of this too. In 2022, a digital sex crime support centre run by the Seoul metropolitan government developed a tool that can automatically track, monitor and delete deepfake images and videos around the clock.

    The technology – which won the 2024 UN Public Administration Prize – has helped reduce the time taken to find deepfakes from an average of two hours to three minutes. But while such attempts can help reduce further harm from deepfakes, they are unlikely to be an exhaustive solutions, as effects on victims can be persistent.

    For meaningful change, the government needs to hold service providers such as social media platforms and messaging apps accountable for ensuring user safety.

    Unified efforts

    On August 30, the South Korean government announced plans to push for legislation to criminalise the possession, purchase and viewing of deepfakes in South Korea.

    However, investigations and trials may continue to fall short until deepfakes in South Korea are recognised as a harmful form of gender-based violence. A multifaceted approach will be needed to address the deepfake problem, including stronger laws, reform and education.

    South Korean authorities must also help to enhance public awareness of gender-based violence, and focus not only on supporting victims, but on developing proactive policies and educational programs to prevent violence in the first place.

    Sungshin (Luna) Bae does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

    – ref. AI is fuelling a deepfake porn crisis in South Korea. What’s behind it – and how can it be fixed? – https://theconversation.com/ai-is-fuelling-a-deepfake-porn-crisis-in-south-korea-whats-behind-it-and-how-can-it-be-fixed-238217

    MIL OSI Analysis – EveningReport.nz –

  • MIL-Evening Report: Why do people breach their bail? Our research shows it’s not because they’re committing more crimes

    Source: The Conversation (Au and NZ) – By Natalie Gately, Associate Professor, Edith Cowan University

    Shutterstock

    In Australia and most countries, everyone is innocent until proven guilty. Because of this, keeping someone in detention before trial comes with serious legal, practical and human-rights consequences, not just for the person accused but also for their family and for society.

    That’s why most people accused of a crime are usually released on bail.

    Bail is essentially a written promise where a person is released, on the agreement they return to court on a set date. It can also be granted to those who have been found or pleaded guilty while they wait for sentencing.

    Bail allows the accused to keep their job, maintain their home, and support their family, while eliminating the costs of imprisonment.

    However, bail comes with conditions that the person must follow, including curfews, regular check-ins, restrictions on whom they can talk to or where they can go, drug or alcohol testing, and staying at a specific address.

    These conditions may seem easy to understand and follow, but breaches of orders were the third most common offence in Australian courts in 2022 and 2023. They made up 10% of adult court appearances, using valuable time and resources.

    There’s a widespread belief that people on bail who breach their conditions commit more crimes – sometimes violent ones – that put others at risk and threaten public safety. This has fuelled demands for stricter bail laws or to stop granting bail altogether.

    Many also think that when someone breaches their bail conditions, it’s because they’re deliberately defying or ignoring the rules. With this in mind, we wanted to look deeper.

    We spoke to 230 police detainees about what led to their bail breaches. The results were surprising: very few (just 11%) breached by committing new offences.

    Instead, most explained their breaches happened because of things beyond their control.

    Homelessness

    A fixed residential address is a fundamental condition for getting bail.

    However, many of our participants shared that becoming homeless or returning to homelessness was common for them. Some said they left the address they provided because of family tensions:

    I’m meant to stay at my sister’s house under my bail conditions, it’s for my curfew […] she kicked me out because we had an argument. Now I’ve breached my conditions and have nowhere to go.

    It’s well known that chronic homelessness makes it tough to comply with bail conditions, and we found the same. A detainee told us:

    It was an honest mistake and a mix-up of the days.

    Another said:

    I was homeless at the time I was meant to go to court and dealing with a lot.

    A third person told us:

    I’m homeless and I’ve got bigger issues than going to court. I’m living in a tent in the park at the moment with no job.

    The mental stress meant people focused on meeting basic needs such as food and shelter, which took priority over following bail conditions.

    Family responsibilities

    Participants also shared their personal responsibilities of caring for sick children, parents or other dependants. This often prevented them from attending court or reporting. One person told us:

    I’m my nan’s carer […] I needed to look after her and my brother wasn’t there. I couldn’t go to court or make it. I’m the one who washes her and does everything for her […]

    Family commitments clashing with reporting requirements led to feelings that the system was stacked against them and they had few options but to breach.

    Work commitments

    Employment often interfered with reporting on time and attending court.

    I have to report Monday, Wednesday and Friday but I’m a truck driver. I have no problems with coming in to report, but I couldn’t make it because I was working. When I went in to report, they arrested me […]

    Keeping a job is crucial for financial and housing stability. Having a stable job also deepens community connections to reduce the chances of getting involved in criminal activity.

    Procedural barriers

    When these kinds of everyday issues derailed compliance, many said they had tried to let the court, police or their lawyer know, either before or right after they missed reporting in or a court date but were faced with an inflexible system.

    For some, even when they did manage to get through, they were told that by not reporting or attending court they had already breached their bail and a warrant would be issued for their arrest. A study participant told us:

    I told them (the police) that I’d been kicked out (of the nominated accommodation) and wasn’t there and they locked me up here. I’ve got an extra charge now because I breached bail and probably won’t get let back out tomorrow. It wasn’t in my control. I was meant to be doing my medical to start work on the mines too tomorrow, so I won’t be working there now.

    We recommend considering of the complexities of bailees’ lives when setting bail. More flexible reporting conditions for when “life happens” will reduce charge pile ups and pressures on the criminal justice.

    Natalie Gately received funding from Western Australian Office of Crime Statistics and Research for this project.

    Suzanne Rock received funding from Western Australian Office of Crime Statistics and Research for this project.

    – ref. Why do people breach their bail? Our research shows it’s not because they’re committing more crimes – https://theconversation.com/why-do-people-breach-their-bail-our-research-shows-its-not-because-theyre-committing-more-crimes-239198

    MIL OSI Analysis – EveningReport.nz –

  • MIL-OSI United Nations: Experts of the Committee on Enforced Disappearances Commend Ukraine’s Law on Missing Persons in Special Circumstances, Ask Questions on Secret Detentions and the Forced Transfer of Children to the Russian Federation

    Source: United Nations – Geneva

     

    The Committee on Enforced Disappearances today concluded its consideration of the initial report of Ukraine, with Committee Experts commending the State on the adoption of the law on the legal status of persons missing in special circumstances, while asking questions on secret detentions and the forced transfer of children to the Russian Federation.

     

    Several Committee Experts paid tribute to the courage and resilience of the people of Ukraine in the context of the ongoing war on its territory.  Carmen Rosa Villa Quintana, Committee Expert and Country Rapporteur, said the Committee could not be indifferent to war in any circumstances.  It was essential to bring about peace in line with the United Nations Charter.

    Olivier de Frouville, Committee Chair and Country Rapporteur, congratulated the State party for adopting the law on the legal status of persons missing in special circumstances, and for its 2022 revision, which contributed positively to the search for missing persons.  Could Ukrainian State agents be held accountable under the law?

    Mr. de Frouville said there were allegations of secret detentions in Kharkiv, particularly during the period of 2014 to 2016, and that basements of buildings in Kyiv were being used as unofficial detention sites.  Did the State party have information on these allegations?  There did not seem to be an effective mechanism to prevent these practices from continuing.

    Addressing the forced transfer of children to the Russian Federation and occupied territories, Mr. de Frouville asked how many of the 19,546 children who had been transferred were considered as victims of enforced disappearance.  Was there a specific procedure for reviewing placements of children who had been illegally adopted?

    Introducing the report, Leonid Tymchenko, Deputy Minister of Internal Affairs of Ukraine and head of the delegation, said that the law on the legal status of persons missing under special circumstances stipulated that the Ukrainian State was obliged to take all possible measures to trace a person missing in special circumstances.  The law also established enforced disappearance as an offence in national criminal law.

    Since September 2015, Mr. Tymchenko reported, law enforcement agencies had registered more than 5,000 criminal offences directly related to enforced disappearances, including the deprivation of liberty of more than 14,000 civilians.

    The delegation said investigations had been carried out that had disproven allegations of incommunicado detentions.  The State party investigated all such allegations.

    Regarding the forced transfer of children, Mr. Tymchenko said several heads of the occupation authorities and two deputies of the State Duma of the Federal Assembly of the Russian Federation were charged by Ukraine with committing criminal offences in this regard, while the International Criminal Court had issued an arrest warrant for President Putin and lvova-Belova, the Presidential Commissioner for Children’s Rights.

    The delegation added that the State party was doing everything possible to obtain information on the missing children.  It was negotiating an agreement regarding the return of around 300 children.  Russian officials had not recognised the transfer and illegal adoption of Ukrainian children and had made falsified documents to hide these crimes.

    In concluding remarks, Horacio Ravenna, Committee Vice-Chair and acting Chair for the dialogue, said the Committee and the State party shared a common goal: full implementation of the Convention. Ukraine had shown its commitment to this goal.  He called on the State party to remain in contact with the Committee, which would support its efforts to implement the Convention.  The Committee’s strong hope was that peace would be achieved in Ukraine.

    Mr. Tymchenko, in his concluding remarks, said cooperation with the Committee would help the State party in its efforts to uphold its international obligations. He called on the Committee to keep in mind the current circumstances in Ukraine.  Every day, aerial attacks were being carried out across the State.  The State party was aware that it needed to uphold human rights, even those of its enemies.

      

    The delegation of Ukraine consisted of the Commissioner for Persons Missing in Special Circumstances and representatives of the Office of the Prosecutor General; Security Service; Ministry of Internal Affairs; National Police; and the Permanent Mission of Ukraine to the United Nations Office at Geneva.

     

    The Committee will issue its concluding observations on the report of Ukraine at the end of its twenty-seventh session, which concludes on 4 October.  Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.  The programme of work of the Committee’s twenty-seventh session and other documents related to the session can be found here.

     

    The Committee will next meet in public this afternoon, Tuesday 24 September, at 3 p.m. to consider the initial report of Morocco (CED/C/MAR/1).

    Report

    The Committee has before it the initial report of Ukraine (CED/C/UKR/1).

    Presentation of Report

    LEONID TYMCHENKO, Deputy Minister of Internal Affairs of Ukraine and head of the delegation, said this dialogue was an important event that marked a new chapter in the protection of human rights and freedoms.  In the midst of an unprovoked war with the Russian Federation, Ukraine remained committed to human rights principles and this dialogue was an important part of the collective struggle for justice.  In 2015, Ukraine became a State party to the Convention, and thus undertook to eradicate and prevent enforced disappearances.  Currently, enforced disappearances committed on Ukraine’s sovereign territory were related to the armed aggression of the Russian Federation.  Despite these challenging times, Ukraine continued to comply with its international obligations.

    Ukraine took measures to ensure the uniform application of the Convention within its internationally recognised borders, including in the territories controlled by the aggressor State and its occupation forces, including Donetsk, Luhansk, Zaporizhzhia, Kherson, and Kharkiv regions, as well as the Autonomous Republic of Crimea and the city of Sevastopol.  It ensured that all reports of unlawful acts as defined in article two of the Convention deliberately committed by representatives of the occupation administration of the Russian Federation were promptly, thoroughly and impartially recorded and properly investigated, with all perpetrators identified and brought to justice, and, if found guilty by a court, punished in accordance with the gravity of their actions.

    The law on the legal status of persons gone missing under special circumstances stipulated that the Ukrainian State was obliged to take all possible measures to trace a person missing in special circumstances.  The law also established enforced disappearance as an offence in national criminal law.  On 21 August 2024, the Verkhovna Rada adopted a law on the ratification of the Rome Statute.  In order to implement the Rome Statute, it adopted in the first reading a draft law that would add articles to the Criminal Code on crimes against humanity, which would include enforced disappearance within the meaning of article five of the Convention.

    Since September 2015, law enforcement agencies had registered more than 5,000 criminal offences directly related to enforced disappearances, including the deprivation of liberty of more than 14,000 civilians.  Special attention should be paid to the results of the investigation conducted by the State into the forced transfer of Ukrainian children to the temporarily occupied territories of Ukraine from 2022 to 2024, their deportation to the Russian Federation and the Republic of Belarus and the forced granting of Russian citizenship, and their placement in Russian families and adoption.

    Several heads of the occupation authorities and two deputies of the State Duma of the Federal Assembly of the Russian Federation were charged with committing criminal offences by Ukraine in this regard, while the International Criminal Court had issued an arrest warrant for President Putin and lvova-Belova, the Presidential Commissioner for Children’s Rights, for the illegal transfer and deportation of Ukrainian children.

    The Prosecutor’s Offices had served 275 persons with notices of suspicion in 137 criminal proceedings, and 119 indictments against 241 persons were sent to bring the perpetrators to justice.  The State party had also established a unified register of persons gone missing under special circumstances, which had been in operation since May 2023.  As of today, it contained information on 48,324 such individuals who were currently being sought to determine their fate.  Around 4,700 people had been confirmed to be in captivity; the actual number could be much higher.  The aggressor State was not fulfilling its international obligations under the Geneva Conventions, denying the Red Cross access to visit places of detention and holding civilian hostages.  This made it impossible to exert influence on the Russian Federation, which was not a State party to the Convention.

    Measures had been taken to release both captured Ukrainian defenders and illegally detained civilians.  In the period before the full-scale invasion, 3,497 people were released; since the invasion, 3,669 people had been released.  More than 90 per cent of persons returned from captivity reported that they were subjected to various forms of violence and torture by representatives of the aggressor State, and in the period before the full-scale invasion, all detainees without exception were subjected to psychological and physical violence.

    The Constitution of Ukraine stipulated that everyone had the right to liberty and personal inviolability.  No one could be arrested or held in detention, except by a reasoned court decision and only in accordance with the conditions and procedures established by law.  Ukraine had established a national preventive mechanism to ensure the effective prevention and elimination of enforced disappearances.  In 109 territorial units of the national police, the “Custody Records” information subsystem was implemented, designed to guarantee the safe stay of detained persons under police control.

    The State ensured the police’s ability to effectively fight crime without violating human rights through the introduction of electronic recording of all actions against persons under police control, as well as a mandatory interview of the detained person and the police officer who carried out the detention.  The State also ensured that there was sufficient infrastructure in the police unit; round-the-clock video surveillance; a human rights inspector; and remote oversight by authorised officials of the central police authority.  In 2018, Ukraine established the State Bureau of Investigation, a State law enforcement agency responsible for preventing and investigating criminal offences committed, in particular, by law enforcement officers.

    During this time of crisis for Ukraine, the country had a special responsibility to take strict measures to prevent and eliminate enforced disappearances in accordance with the requirements of the Convention.  The end of the aggressive war of the Russian Federation would prevent enforced disappearances in Ukraine.  Ukraine’s strategic goal was a comprehensive, just and sustainable peace in the State for the security of the whole world, which it hoped to achieve through the Ukrainian peace formula initiative put forward by Ukrainian President Volodymyr Zelenskyy.

    Questions by Committee Experts

    OLIVIER DE FROUVILLE, Committee Chair and Country Rapporteur, said the Committee acknowledged that Ukraine had a situation of armed conflict in its territory which affected the implementation of the Convention.  This was particularly true in the context of the large-scale invasion conducted since February 2022.  Mr. de Frouville paid tribute to the resilience of the Ukrainian people.  Despite the difficult situation, Ukraine continued to exert efforts to comply with its international obligations.  It was acting to search for victims of enforced disappearance on its territory and uphold the rights of families.  He expressed hope that the dialogue would help the State party to better apply the Convention.

    The report was drafted by the national Ukrainian police in collaboration with other State agencies.  Were victims’ associations or other civil society organizations involved in drafting the report?  Had the State party made any response to communications sent to it under the urgent actions procedure?  Were there any examples of courts directly invoking the Convention?  The Ukrainian Human Rights Commission had contact with the Russian Human Rights Commission.  Had the sharing of information between these bodies led to the identification of missing persons?  What efforts had been made to increase the financing and human resources of the Human Rights Commission and to implement its recommendations?

    Mr. de Frouville congratulated the State party for adopting the law on the legal status of persons missing in special circumstances, and for its 2022 revision, which contributed positively to the search for missing persons.  The law covered some cases of enforced disappearance, but not cases that did not have a link to the armed conflict or other special circumstances.  The law also potentially excluded enforced disappearance committed by the Ukrainian State.  Could Ukrainian State agents be held accountable under the law?

    The Committee welcomed the unified register of missing persons.  The register was limited to cases of special circumstances leading to disappearances. The clear category of enforced disappearance was not included in the register; would this be done in future? When would DNA data be included in the register, and was the DNA data of relatives of disappeared persons being collected?  The State party had several different databases related to human rights violations; were these connected to the register of missing persons?   The Prosecution Service had identified over 1,000 victims of enforced disappearance.  Could this data be included in the missing persons register?

    What risks had the State party identified related to martial law declared as part of Ukraine’s state of emergency?  Had the State party taken steps to prevent violations in the context of the state of emergency?

    CARMEN ROSA VILLA QUINTANA, Committee Expert and Country Rapporteur, paid tribute to the courage of the people of Ukraine.  The Committee could not be indifferent to war in any circumstances.  It was essential to bring about peace in line with the United Nations Charter.

    The State party had reported that it had not identified any facts implying that Ukrainian authorities were involved in any cases of enforced disappearance.  However, the Ukrainian Security Service was investigating several cases of violations of the laws and customs of war.  Were there any cases that could fall into the category of enforced disappearance?  Third party information indicated that there were individuals or groups involved in cases of enforced disappearance.  In one case, two police officers had been found to have committed crimes of enforced disappearance and torture in 2021.  There was information about the enforced disappearance of 30 journalists. What investigations had been carried out into these cases?  Had perpetrators been held accountable?  How was the State party implementing the Istanbul Protocol?

    There were cases of Russian officials being prosecuted without being informed of the charges against them. Would the State party make informing accused persons of the charges against them a legal requirement?  Did judges have the ability to define crimes as enforced disappearances?  How did the State party address violations of the Convention in the territories occupied by the Russian Federation?

    What institutions were involved in investigating the disappearance of two members of the Ukrainian Orthodox Church? How was the State party investigating cases of enforced disappearance in the context of human trafficking, migration or forced displacement due to armed conflict and working to prevent this phenomenon?  Did the State party intend to define the forced transfer of children to the Russian Federation as acts of enforced disappearance?  Could information be provided on the outcomes of investigations into these cases?

    Ms. Villa Quintana welcomed planned amendments to the Criminal Code and the Code of Criminal Procedure.  Did the State party plan to increase the penalty for the crime of enforced disappearance, which was currently not commensurate with the seriousness of the crime?  When would the amendments to the two Codes be adopted?  Was enforced disappearance being considered as a stand-alone crime in these amendments, and were aggravating circumstances being considered?

    Legal provisions on hierarchical responsibility were not in line with international standards. What progress had been made to adopt draft legislation on hierarchical responsibility?  What was the statute of limitations for enforced disappearance? When did it start?  The provisions on the statute of limitations in the Convention had not been incorporated in national law.  Could foreigners responsible for enforced disappearance who were not residing in Ukraine be tried in Ukraine?  Were accused persons given access to a lawyer, and appointed a lawyer if they could not afford them?  What measures were in place to notify accused persons from Russia to guarantee their active participation in trials?  What was the procedure for the appointment and removal of judges and prosecutors, particularly those charged with corruption?

    Which authorities were responsible for searching for missing and disappeared persons?  How did the State party ensure that they cooperated and carried out their mandates effectively?  The Code on Criminal Procedures established that persons charged with a crime could be suspended from their positions.  How rigorously was suspension applied; could the State party provide examples?

    A Committee Expert paid tribute to the courage and resilience of Ukraine.  Were the 5,000 cases of enforced disappearance registered by Ukraine cases of disappearance carried out by State agents against non-State actors?

    Responses by the Delegation

    The delegation said the State party had established a database of persons who went missing in special circumstances to address disappearances related to the Russian Federation’s invasion of Ukraine. However, the national police collected biological material and DNA of persons who went missing in all contexts and registered it in relevant databases.  Authorities could also collect the DNA of the relatives of missing persons.  Data in State databases on enforced disappearances was unified.  In future, Ukraine planned to add DNA data collected by the International Commission on Missing Persons to its databases to help identify missing persons.  The Commissioner for Persons Missing in Special Circumstances and relatives of victims, including those who lived abroad, had access to the information in registries of missing persons.

    Judges could apply the Convention directly and there were examples of cases in which judges had done so.  The State party did not have access to occupied territories and could not conduct investigations there.  However, it had identified two mass graves in liberated regions, in which around 125 bodies were buried, and around 400 bodies buried in other graves in these regions.  It predicted that there were many more such graves in the occupied territories.

    Victims of human rights violations committed by Ukrainian authorities had the right to seek redress.  All persons had the right to a lawyer.  Persons who could not hire a lawyer were provided one by the State.  In cases where authorities were not able to arrest suspects residing in the Russian Federation, trials could be held in absentia.  After the State party had ratified the Rome Statute, it would be required to investigate hierarchical responsibility.  Prosecutors who were suspended for corruption or other violations were no longer able to work on cases; they were replaced immediately.

    There was a clear division between trafficking in persons and enforced disappearance in the Criminal Code.  The State party had registered cases of the trafficking of persons to the occupied territories.  Seven minors had been identified as victims in these cases and four perpetrators had been identified.  All cases of disappearance of children by Russian authorities qualified as war crimes.  Investigations into such crimes were being carried out in cooperation with non-governmental organizations to determine the fate of these children.

    When authorities received allegations that State agents had committed a crime, the State Bureau of Investigation investigated these allegations independently.

    The law on the legal status of persons missing in special circumstances did not define the precise characteristics of the victims of enforced disappearance.  The State party welcomed the Committee’s advice concerning the revision of the law in this regard.

    Questions by Committee Experts

    CARMEN ROSA VILLA QUINTANA, Committee Expert and Country Rapporteur, asked for information on regions where large numbers of enforced disappearances were reported, and how the State party obtained information on these cases.  Was there a specialised unit within the Security Service for investigating enforced disappearance?  Were there investigations being carried out into disappearances of activists?  What protection mechanisms were in place for persons involved in investigations of enforced disappearances and family members of victims?  Had specialised protection been provided to such persons?

    What conditions were applied regarding extradition agreements?  Had there been applications for extraditions of persons allegedly involved in enforced disappearance?  How did the State party uphold international standards in the investigation of missing persons and exhumations?  Were there any cases of intimidation or reprisals against witnesses of enforced disappearance?  How were prosecutors nominated?

    OLIVIER DE FROUVILLE, Committee Chair and Country Rapporteur, asked about the mandate of the Commissioner for Persons Missing in Special Circumstances.  How was Ukrainian law that addressed hierarchic responsibility adapted to the provisions of the Rome Statute?  What follow-up was carried out regarding urgent actions, particularly when protection measures were requested?  Was cooperation between the Ukrainian Human Rights Commission and the Russian Human Rights Commission effective?  Did the Ukrainian Commission promote the provisions of the Convention?  How did the State party prevent prolonged detention and arbitrary arrests in the context of the state of emergency?

    A Committee Expert asked whether the 5,000 enforced disappearances reported by the delegation included cases carried out against Ukrainian forces.  These should not be considered enforced disappearances.  Did the State party investigate Ukrainian citizens who were accomplices in acts of enforced disappearance?

    Responses by the Delegation

    The delegation said the State party worked together with the Commissioner for Persons Missing in Special Circumstances and the Ukrainian Human Rights Commission to provide truth for the families and loved ones of victims.

    The State party had qualified 438 war crimes involving enforced disappearance.  At least 14,000 Ukrainian civilians were being detained by the Russian Federation.  The Government had given the Human Rights Commission the power to work on liberating Ukrainian prisoners of war; this had led to cooperation with the Russian Human Rights Commission.  The Prosecution Service had a war crimes department, which conducted investigations into war crimes. 

    Ukraine had ratified bilateral agreements with five countries that addressed extraditions.  The State did not extradite persons unless it received guarantees that the safety and fair trial rights of the person involved would be respected.  Judicial registries were open to the public.

    The 5,000 cases of enforced disappearance recorded by Ukraine mainly concerned detained citizens held by Russian authorities.  The State party did not have statistics on journalists and the occupations of detained persons; Russian authorities often classified civilian prisoners as combatants. Prosecutors were faced with a large workload and their work was hindered by ongoing attacks.  Some investigators had been killed while carrying out investigations.

    The Commissioner for Persons Missing in Special Circumstances was empowered to cooperate with relevant national and international institutions, including the Ombudsman and law enforcement personnel, in investigations.  The Commissioner provided family members and relatives with information on the outcomes of investigations, and determined whether disappearances were committed by military personnel.

    Complaints of enforced disappearance against Ukrainian State agents could be taken to civilian courts, whereas complaints of enforced disappearances carried out by Russian authorities needed to be submitted to the dedicated Commission.  The Government provided protection measures for victims of enforced disappearance such as name changes; however, it did not have a sufficient budget to provide measures such as safehouses.

    In 2023, responsibility for searching for missing persons in special circumstances was transferred to the Ministry of Internal Affairs.  Special circumstances included armed conflicts and natural or man-made emergencies. In October 2023, a hotline was established within the Commission for Persons Missing in Special Circumstances, which relatives of missing and detained persons could use to file reports. The Commissioner had met with more than 5,000 family members and held meetings with several non-governmental organizations.

    The armed forces participated in searches for missing persons.  They removed bodies and documented deceased persons.  Around 55,000 people had been given “missing” status.  This number included both military personnel and civilians. Around 5,000 cases had been discontinued due to the discovery of the body.

    Questions by Committee Experts

    OLIVIER DE FROUVILLE, Committee Chair and Country Rapporteur, asked whether the State party planned to incorporate the risk of enforced disappearance into its legislation on extraditions?  There was an agreement with Sweden regarding the confidential exchange of information towards locating missing persons.  Could more information be provided about this positive practice?

    There were allegations of secret detentions in Kharkiv, particularly during the period of 2014 to 2016, and that basements of buildings in Kyiv were being used as unofficial detention sites. There were also credible allegations that around 240 prisoners of war were being held in unofficial detention sites after a drone attack on a detention centre.  Did the State party have information on these allegations? Rulings had been made on incommunicado detention conducted by the police, but there did not seem to be an effective mechanism to prevent these practices from continuing.

    The Subcommittee on Prevention of Torture had reported that not all persons deprived of liberty were given the right to contact family members and lawyers.  This right needed to be respected.  How was the right to habeas corpus implemented?  Had there been complaints of delays in the registration of deprivation of liberty, or gaps in registration?  What follow-up was made?  There were reports of difficulties in registering the transfer of detainees. This could lead to enforced disappearance.  How was the State addressing this?  What training on enforced disappearance and international human rights law was provided for State agents, judges, prosecutors, civilians and family members?

    It was positive that Ukraine was addressing legal difficulties created by disappearances.  How was the State party working to resolve overlaps between the laws that addressed enforced disappearance?  There was criticism that legislation related to enforced disappearance was complicated and that the compensation it provided was not sufficient. Did the State party plan to expand protection to all civilian victims of enforced disappearance, rather than only civilian prisoners?

    The State party needed to adopt specific legislation to address crimes listed in article 25 of the Convention. How many of the 19,546 children who had been transferred to the Russian Federation were considered as “disappeared”? How were the best interests of the child and the rights of children to express their opinions respected regarding the return of children to their families?  Was there a specific procedure related to the revision and review of a placement of a child who had been illegally adopted?

    CARMEN ROSA VILLA QUINTANA, Committee Expert and Country Rapporteur, asked whether persons who were not relatives of victims but were under their guardianship could be categorised as victims.  How were the rights established in the Criminal Procedural Code and the Criminal Code regarding truth, reparation and compensation provided to victims?  Could the crime of enforced disappearance be subject to a reconciliation measure? 

    Damages for crimes of enforced disappearance could be obtained through a civil case in some cases, but the State was responsible for reparation in other cases.  In what cases were perpetrators responsible for providing reparations?  What amount was paid by the State?  Did the State party plan to make amendments to legislation in this regard?  Was access to compensation subject to a conviction, and was there a deadline by which compensation needed to be provided? How many victims of enforced disappearance had received reparation?  What was the standard of proof for the granting of reparation?

    What measures were in place related to medical, social and educational support for persons deprived of liberty?  Did the State party adopt a differentiated approach for different categories of victims?

    The Human Rights Commission and the Office of Persons Missing in Special Circumstances, as well as the Ukrainian police and other State and international bodies were involved in searches for disappeared persons.  How did the State party coordinate these efforts and what resources were available in this regard?  What outcomes had these activities achieved; how many disappeared persons had been identified overall?  Were investigations being carried out by sea and water?  Had sentences for enforced disappearance been handed down that were commensurate with the severity of the crime?

    Were the two separate registries on missing persons interconnected and how did they contribute to the identification of deceased persons?  How were places of burial registered?  In how many cases had deceased persons been identified?  There were allegations that State authorities had refused to provide information to relatives of victims regarding the whereabouts of disappeared persons.  How would the State party prevent this?

    In which registry were persons who had been transferred to the Russian Federation registered?  How did the State party conduct searches for such persons?  How many burial sites was the State party aware of that had not been exhumed?  How many exhumed bodies had been returned to relatives?  Had the State party mapped mass burial and common grave sites and taken measures to protect them?

    The inclusion of missing persons in State registers could take around 48 hours.  Did search activities begin before registration had finished?  Did the State party follow the Committee’s guidelines on search practices?  Were tools such as photographs and fingerprints used to identify missing persons?  What organization was responsible for keeping human remains? Did relatives of victims have access to the State registry on human genomic information?  Biological material was taken on a compulsory basis from State agents in cases of martial law.  Was this information included in the registry on human genomic information?  Who could access this information?  In which registries were unidentified bodies registered?

    Responses by the Delegation

    The delegation said the Ministry of Reintegration was responsible for collecting information about persons relocated within the country.  It maintained a registry of reintegrated persons.  To identify persons, the State party used facial recognition systems, tattoos, personal documents and fingerprints.  When these methods were unsuccessful, DNA tests were conducted.  The biological material of military personnel was collected by each military division, which held this material while the person was under their charge.  When military personnel went missing, this data was registered in the missing persons registry.  There was a DNA database that would soon be integrated with the registry of missing persons.

    As of today, Ukraine had registered over 55,000 missing persons, including around 48,000 persons who had gone missing under special circumstances.  The State had located around 2,500 unidentified bodies. Around 4,000 bodies had been identified through cooperation between State bodies and a procedure for identification had been developed. 

    Relatives of persons who went missing in special circumstances had the right to a comprehensive investigation of those persons’ whereabouts.  Their property was subject to protection and marriages were valid until investigations were closed or the missing person was declared dead. Searches were not stopped until the person or their remains were located.

    The family members of persons who went missing in military service were provided with payments by the State in line with the missing person’s salary.  Families had the right to social protection. Guardianship for dependents of persons who went missing was established in accordance with domestic law.  Persons whose family members had died or gone missing were not subject to conscriptions.

    Investigation had been carried out that had disproven allegations of incommunicado detentions. The State party investigated all allegations of incommunicado detentions.

    Training was provided to prosecutors and investigators, including by international experts.  Seven training sessions were held for over 400 prosecutors and investigators on torture and enforced disappearance.  Staff of the national police’s missing persons unit received special training on international humanitarian law.

    There was no statute of limitations currently on the crime of enforced disappearance.  Judges decided on the sum of money granted for compensation to victims by the State in civilian court cases.  The Government was working to make the compensation process easier for civilians.  Debate was ongoing about the amount and source of compensation funds.  Under the Criminal Procedure Code, non-relatives who were close to victims could be recognised as victims.

    A draft law was being prepared that would provide compensation for victims of illegal activities conducted by Russian authorities.  The Register of Damage for Ukraine, which recorded claims and evidence on damage, loss or injury caused by the Russian Federation’s acts in or against Ukraine, had been established in the Netherlands, supported by the Council of Europe.

    The Prosecutor General’s Office coordinated investigations involving a range of State bodies.  It convened roundtables on investigations that included United Nations agencies and non-governmental organizations.  It was open to revising its processes.  All identified bodies from mass graves were returned to families and buried in accordance with the family’s religion.

    Ukraine had no bilateral agreement with Sweden.  Its relationship with Sweden was governed by the Association Agreement between the European Union and Ukraine. 

    The Commissioner for Persons Missing in Special Circumstances was appointed and dismissed by the Cabinet of Ministers and the term of their office was not specified by law.

    Questions by Committee Experts

     

    CARMEN ROSA VILLA QUINTANA, Committee Expert and Country Rapporteur, asked whether the Register of Damage for Ukraine was a physical register.  Was there a single register of victims that allowed the State to assess the scale of compensation?  Was the State party providing measures promoting non-recurrence? Almost all court cases held in absentia had led to guilty verdicts.  Were the persons subject to trials properly notified?  There were allegations that conscientious objectors had been held in police stations, sometimes in incommunicado detention.  Had investigations identified State agents who had carried out incommunicado detentions?

    A Committee Expert asked about the criteria that judges used to decide whether to provide compensation in criminal proceedings or whether to refer the case to civil proceedings.  Was there a State fund that provided compensation when perpetrators were unable to provide compensation?

    OLIVIER DE FROUVILLE, Committee Chair and Country Rapporteur, asked about measures to improve the monitoring of deprivation of liberty.  Were there cases of the transfer of Ukrainian children that had been classified as cases of enforced disappearance?  Was there legislation that allowed for the review of adoption procedures that had arisen out of enforced disappearance?

    Responses by the Delegation

    The delegation said a specific compensation mechanism was being created for persons who were victims of serious crimes to support these persons to integrate back into society. Many returned Ukrainian soldiers had suffered torture.  If Ukrainian State agents were found to be guilty of enforced disappearance, the State provided compensation to victims.  Judges assessed the nature of the crimes to determine compensation amounts.

    The State party was doing everything possible to obtain information on the missing children. It was negotiating an agreement regarding the return of around 300 children.  Russian officials had not recognised the transfer and illegal adoption of Ukrainian children and had made falsified documents to hide these crimes. There were specific rules regarding investigations of crimes involving children.  Special child-friendly rooms were used for interviews with child victims to prevent traumatisation.

    Closing Remarks

    HORACIO RAVENNA, Committee Vice-Chair and Acting Chairperson for the review of Ukraine, said the Committee and the State party shared a common goal: full implementation of the Convention.  Ukraine had shown its commitment to this goal.  He called on the State party to remain in contact with the Committee, which would support its efforts to implement the Convention.  The Committee praised the efforts exerted by civil society partners and the Ukrainian Human Rights Commission to prevent enforced disappearance.  Its strong hope was that peace would be achieved in Ukraine.  Humanity had been deeply shaken by the horrors that were unfolding in the war.  The Committee was aware that the aid that it could provide the State party in this situation was limited.  It wished for a swift end to the dreadful war.

    LEONID TYMCHENKO, Deputy Minister of Internal Affairs of Ukraine and head of the delegation, said the dialogue had been fruitful.  The presence of the high-level Ukrainian delegation demonstrated the importance that Ukraine attached to the issue of enforced disappearance.  Cooperation with the Committee would help the State party in its efforts to uphold its international obligations.  Mr. Tymchenko called on the Committee to keep in mind the current circumstances in Ukraine. Every day, bombs could be heard, and aerial attacks were being carried out across the State.  The State party was aware that it needed to uphold human rights, even those of its enemies.  Both State agents and citizens had had very difficult experiences over the past few years.  The war had made the citizens of Ukraine aware of the price of freedom, independence, and the territory of their country.

    ___________

    Produced by the United Nations Information Service in Geneva for use of the media; 
    not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.

     

    CED24.007E

    MIL OSI United Nations News –

  • MIL-OSI USA: REPS. CLARKE AND BROWN HOLD PRESS CONFERENCE TO ANNOUNCE UTERINE CANCER STUDY LEGISLATION

    Source: United States House of Representatives – Congresswoman Yvette D Clarke (9th District of New York)

    FOR IMMEDIATE RELEASE:

    September 24, 2024

    MEDIA CONTACT: 

    e: jessica.myers@mail.house.gov

    c: 202.913.0126

    Washington, DC — Today, Congresswoman Yvette D. Clarke (NY-09) and Congresswoman Shontel Brown (OH-11) held a press conference on Capitol Hill to announce their joint legislation, the Uterine Cancer Study Act. This bill would require the Department of Health and Human Services (HHS), the Food and Drug Administration (FDA), and the National Institute of Health (NIH) to coordinate and conduct a study on the relationship between hair straighteners and uterine cancer. 

    Recent studies have discovered that women who have used chemical hair straightening products are at higher risk for uterine cancer than those who have not – risks associated with and particularly higher in Black women.

    This study is vital to preserving the lives of those impacted by: 

    • Reviewing significant findings and recommendations from other studies regarding the relationship between hair straighteners and uterine cancer.
    • Considering the impacts on women and other individuals at risk of uterine cancer.
    • Disaggregating the results of the study according to whether the hair straighteners contain dyes or coloring, bleach highlights, or perms.
    • Determining whether the FDA should impose additional testing requirements on manufacturers of hair straightening products.
    • Focusing on the increased incidences of such cancer among women of color. 

    “Like many other Black women who have used hair straightening products, I was unaware of the potential connection and harmful impacts these chemicals would have on our overall health – putting me and other women of color at a higher risk for uterine cancer, the most common cancer related to the female reproductive system,” said Congresswoman Yvette D. Clarke. “We need more research to fully understand the relationship between perms and uterine cancer. This legislation will address the detrimental effects of chemicals within hair straighteners on women’s health and hopefully, lead the FDA towards requiring manufacturers to test for cancer-causing chemicals.”

    “The research supported by the Uterine Cancer Study Act is sorely needed to identify environmental and chemical factors contributing to the racial disparities associated with uterine cancer. By investigating the connection between those factors and cancer, we can create a path toward more informed choices and better health outcomes for Black women. I am proud to join Congresswoman Clarke and champion this vital legislation,” said Congresswoman Shontel Brown.

    “Beauty standards for years demanded that our hair be straight, but we can’t help the way it grows out of our heads,” said Rep. Bonnie Watson Coleman. “Chemical hair straighteners have been linked to a variety of harmful hormone-related health outcomes — including higher instances of uterine cancer. Despite this, we still know very little about the long-term health risks that these products pose. That’s why my sister, Rep. Clarke’s bill to study the relationship between these hair products and uterine cancer is so important. We need to equip ourselves with the information to make safe choices. I strongly encourage the House to pass this crucial legislation.”

    “A recent NIH study stated that more than 4% of women with uterine cancer reported use of chemical straighteners, compared to the 1% of women who did not use these products,” said Congressman Gregory W. Meeks. “Chemical relaxers have long been a part of Black Beauty and Hair Care; as a result, these purported adverse health effects disproportionately impact Black women. We need to deploy all of our available federal resources to better study and understand the real health implications on women of color. As a husband and father, I am proud to co-sponsor the Uterine Cancer Study Act of 2024.”

    “Black women have been systematically left out of conversations and decisions about their own health. Women of color and our unique experiences have historically been underrepresented in research, leading to adverse health outcomes,” said Congresswoman Robin Kelly. “We cannot allow the status quo to continue. I’m proud to co-sponsor the Uterine Cancer Study Act to address the gap in knowledge between uterine cancer and hair products. Black women deserve to take care of our hair without being exposed to toxic ingredients that increase our already heightened risk of cancer.”

    “A woman’s uterus is a sacred place. It should be the source of new birth, joy, and family, not pain or suffering. I am calling on Congress to accelerate the research on Uterine Cancer, to find out why women of color experience it at elevated rates and to discover treatments and preventative care. Let’s not politicize women’s health. We’re all in this together,” said Congresswoman Alma Adams.

    “As a Black woman, I understand how deeply rooted hair care is in our community. Many of us were introduced to hair straighteners as young girls, unaware of the risks, said Congresswoman Beatty. Now, it’s vital that we investigate the troubling relationship between these products and uterine cancer. The Uterine Cancer Study Act of 2024 will bring critical research and coordination to uncover the dangers and push for solutions that can save lives. Our community deserves answers, and this bill is a vital step to protecting ourselves and our daughters,” said Congresswoman Joyce Beatty.

    “Let’s prioritize research to better understand and diagnose uterine cancer. Uterine bleeding and uterine pain should not be categorically dismissed as normal,” said Sateria Venable, CEO, The Fibroid Foundation.

    “Women of color are being sold hair straighteners that should come with a cancer warning. We now know that women who have used chemical hair straightening products are at higher risk for uterine cancer than those who have not. However, more research is needed to understand this connection better, and the Uterine Cancer Study Act of 2024 will make determining how environmental factors contribute to these racial disparities a federal priority. Women of color’s health and livelihood need—and deserve—nothing less,” said Christian F. Nunes, National President, National Organization for Women.

    “We want to thank Congresswoman Yvette Clarke and Shontel Brown for their leadership in introducing the Uterine Cancer Study Act of 2024. Black women are at higher risk of uterine cancer, and comprehensive action is needed so that we know definitively why this is the case. We support efforts that improve research and education on uterine cancer and believe Black women should be partners in the research process,” said Zsanai Epps, DrPH, MPH, CHES, Senior Director, Reproductive Justice Initiatives, Black Women’s Health Imperative.

    “As the Executive Director of the Mississippi Black Women’s Roundtable, I commend Brooklyn Congresswoman Yvette Clarke and her colleagues for championing the Uterine Cancer Study Act 2024. This legislation promises crucial advancements in addressing the disparities in uterine cancer research and care, particularly affecting Black women, and we fully endorse its passage,” said Tomika Anderson, Executive Director, Mississippi Black Women’s Roundtable.

    The Uterine Cancer Study Act is co-sponsored by Reps. Adams, Beatty, Blunt Rochester, Cherfilus-McCormick, Crockett, Don Davis, Fletcher, Foushee, Holmes Norton, Kelly, Lee, Lofgren, McBath, McClellan, Meeks, Plaskett, Sewell, Stanford, T Carter Sr., Tonko, Velázquez, Watson-Coleman, N. Williams, Wilson, and Wasserman Schultz.

    The Uterine Cancer Study Act is endorsed by the Black Women’s Health Imperative, Society for Women’s Health Research, National Organization for Women, The Fibroid Foundation, The White Dress Project, Mississippi Black Women’s Roundtable, MANA – A National Latina Organization, National Coalition on Black Civic Participation, Pro-Choice North Carolina, Sisters in Loss Foundation, National Women’s Health Network.

    Read the full bill text here.

    ###

    MIL OSI USA News –

  • MIL-OSI USA: Phillips Reintroduces Bill to Bolster Police Recruitment Nationwide

    Source: United States House of Representatives – Representative Dean Phillips (MN-03)

    Washington, D.C. — Today, Rep. Dean Phillips reintroduced the bipartisan Pathways to Policing Act to address the police shortage in Minnesota and across the nation. The bill is endorsed by the Minnesota Chiefs of Police Association, the Minnesota Police and Peace Officers Association, and the Fraternal Order of Police. Original cosponsors of this legislation include Representatives Brad Finstad (R-MN), Angie Craig (D-MN), David Valadao (R-CA), Josh Gottheimer (D-NJ), Don Bacon (R-NE), Dan Kildee (D-MI), Brian Fitzpatrick (R-PA), and Jimmy Panetta (D-CA).

    The Pathways to Policing Act invests in programs designed to support state and local law enforcement agencies struggling to maintain adequate staffing levels. While the root causes of the nationwide officer shortage are multifaceted, bolstering the pipeline of service-oriented individuals is a crucial strategy to ensure agencies have the resources they need to protect our communities and keep officers safe.

    “Every American deserves to feel safe and protected in their own community. Unfortunately, the increasing difficulty in recruiting and retaining principled officers has threatened public safety across the country,” Rep. Phillips said. “We must provide new tools for law enforcement agencies to attract the best and brightest Americans to serve the communities in which they live. Minnesota has shown the country how to do just that, and it’s time to inspire and recruit the next generation of principled police officers who will ensure safety, security, and justice for all.”

    “Across our country and here in Minnesota, local law enforcement has experienced historic staffing shortages which has strained the law enforcement agents who work tirelessly to protect and defend our communities.” said Rep. Finstad .“I’m proud to introduce the Pathways to Policing Act with my colleagues to enhance officer recruitment and bolster the police force in southern Minnesota.”  

    “Keeping our communities safe is non-negotiable, and that’s why we’ve got to ensure we’re building a strong pipeline of new police officers – my bipartisan bill with Reps. Phillips and Finstad will help get it done,” said Rep. Craig. “Our bill will help law enforcement leaders recruit and retain the talent they need across the Second District, and I’ll be working with both parties to get it passed.

    This legislation will provide $50 million to the Department of Justice (DOJ) to operate nationwide recruitment campaigns and an additional $50 million to create and operate “Pathways to Policing” programs supported by local and statewide marketing and recruiting efforts. These campaigns will encourage members of communities traditionally underrepresented in law enforcement, or those with non-traditional educational or career backgrounds to pursue careers in the field. 

    Inspired by Minnesota’s “Pathways to Policing” programs, the Pathways to Policing Act aims to reduce the barriers for individuals pursuing careers as full-time law enforcement officers.

    Priority for grants to states, local governments, and law enforcement agencies under this program will be given to applicants seeking to build a diverse police force that represents the communities they serve.

    Jeff Potts, Executive Director, Minnesota Chiefs of Police Association:
     “Law Enforcement is facing historic workforce challenges. New officer candidate numbers have plummeted in recent years resulting in dozens of police agencies in Minnesota permanently shutting down. U.S. Representative Dean Phillips’ Pathways to Policing bill will help address this challenge. The MCPA fully supports Rep. Phillips’ efforts to pass this legislation as quickly as possible to avoid additional police agencies from shutting down.”

    Brian Peters, Executive Director, Minnesota Police and Peace Officers Association:
     “The Pathways to Policing Act would address a critical issue for police departments across America – and Minnesota – who face a growing shortage of new officers and major retirements in the near future. This proposal is vitally important for community safety.”

    Patrick Yoes, National President, Fraternal Order of Police
     “Law enforcement agencies across the country are struggling to maintain a healthy police force and recruit the best and brightest candidates to serve in their communities. We believe that this legislation, which will develop and operate a nationwide marketing and recruitment campaign, will help State and local governments with their own recruitment efforts.  The “Pathways to Policing” model worked in Minnesota and we believe this success can be replicated at the national level.  We’d like to thank Representative Phillips and all the original cosponsors for their leadership.”

    MIL OSI USA News –

  • MIL-OSI New Zealand: Ongoing incident, Patea

    Source: New Zealand Police (National News)

    Police in Pātea, Taranaki are working to resolve an incident that took place in Hadfield Street earlier today.

    Officers were called to the property around 3:50am to a report of someone being unlawfully at an address.

    It’s not believed anyone is injured, however, members of the Armed Offenders Squad are assisting local staff in the area working to safely resolve the incident.

    ENDS

    Issued by the Police Media Centre

    MIL OSI New Zealand News –

  • MIL-OSI USA: Former Ohio Municipal Prosecutor and Former Criminal Defendant Charged with Bribery Conspiracy

    Source: US State of California

    An indictment was unsealed today charging two Ohio men with a bribery scheme in which a municipal prosecutor agreed to help a criminal defendant with his pending cases in exchange for auto repair work.

    According to the indictment, Nicholas Graham, 52, of Warren, was a prosecutor who represented the City of Warren in Warren Municipal Court. Brian Votino, 52, of Niles, had two criminal cases pending in the same court. The indictment alleges that, in October 2019, Graham and Votino agreed that Graham would take action to benefit Votino with respect to Votino’s criminal cases in return for Votino performing repairs to Graham’s truck. To cover up the bribery arrangement, Graham instructed Votino through an intermediary to falsify a bill for the repair services and not to tell Votino’s criminal defense lawyer. According to the indictment, Graham and Votino ultimately carried out their agreement. In exchange for the repair work by Votino, Graham took official action to reduce the charges against Votino and advocated for a lenient sentence.

    Graham and Votino are charged with one count of conspiracy, one count of honest services wire fraud, and one count of Hobbs Act extortion. If convicted of all counts, they each face a maximum penalty of 45 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio; and Special Agent in Charge Gregory D. Nelsen of the FBI Cleveland Field Office made the announcement.

    The FBI Cleveland Field Office is investigating the case.

    Trial Attorney Blake J. Ellison of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Elliot Morrison for the Northern District of Ohio are prosecuting the case.

    An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

    MIL OSI USA News –

  • MIL-OSI Security: Principal Deputy Assistant Attorney General Doha Mekki Delivers Remarks on the Justice Department’s Lawsuit Against Visa for Monopolizing Debit Markets

    Source: United States Attorneys General

    Remarks as Prepared for Delivery

    This afternoon, the Justice Department filed a monopolization lawsuit about a financial network we do not see but cannot escape. Every year, this financial network processes 157 billion debit transactions. Whether at the grocery store, the pharmacy, the gas station or online, millions of Americans give merchants their debit credentials, allowing them to pay for goods and services directly from their bank accounts. And for Americans of all stripes, they either need or prefer this payment option.

    What those millions of Americans cannot see is that behind every debit transaction is a communications infrastructure that makes it all happen.

    But this infrastructure is neither innovative nor new.

    In fact, it has been around in one form or another since the 1970s. Despite the passage of time, the dawn of new technologies and payment paradigms, one corporation, Visa, is an unavoidable debit network for merchants, banks and consumers. And Visa knows it.

    Visa’s dominance is reflected in its slogan “everywhere you want to be.” But for merchants, banks and consumers, one could just as easily add “whether you want us or not.” Because in fact Visa has not maintained this dominance by innovating, competing on the merits or championing consumer choice. It has done so through exclusion and penalization. Visa’s conduct is unlawful, and today, we filed suit to stop it.

    Visa has a durable monopoly over debit card networks. More than 60% of debit transactions in the United States run on Visa’s debit network, allowing it to charge over $7 billion in fees each year for these transactions. Visa rakes in sky-high margins and faces, in its own words, approximately zero marginal costs.

    Those fees have many names. A domestic service fee. A data processing fee. An acquired service fee. A network acquirer fee. A fixed acquirer network fee.

    Regardless of what they are or who pays them, these fees add up to billions in hidden costs and tolls that must be borne by businesses, working families and the U.S. economy more broadly.

    Visa knows the source of this dominance is its immense scale on both sides of the market. It is widely used by consumers’ banks on the one hand and cannot be avoided by merchants on the other hand. Visa recognizes that this scale is an “enormous moat” that protects and sustains its monopoly debit business and profits.

    As we allege in our complaint, it did not have to be this way. But in the early 2010s, competition threatened to erode Visa’s debit monopoly.

    At that time, this monopoly faced twin competitive threats.

    First, Congress sought to unlock competition and lower prices by requiring banks that issue debit cards to include at least two debit routing options on their cards. This would allow debit payment networks to compete for transactions between consumers and merchants at the point of sale.

    Second, at the same time, technological innovation had sprouted a new paradigm in which merchants and consumers could directly connect with fewer middlemen like Visa.

    Faced with these threats, Visa developed a plan to wield and protect its monopoly power and distort competition for debit transactions. Visa extracted a series of agreements with major merchants, banks that issue debit cards and other key industry players. Those agreements forced merchants who might consider a lower cost rival into a false choice: choose Visa or face ruinous fees on every single Visa transaction.

    There’s more. Visa feared entry by potential fintech competitors like Apple, PayPal and Square. It worried these competitors might have what it described as “network ambitions,” which would threaten Visa’s dominance and centrality in debit. It worried about fintech payment networks gaining scale with both merchants and consumers and “becom[ing] a viable merchant option: positioned and priced as a ‘Substitute for Debit.’”

    So, Visa began co-opting and neutralizing competition by turning rivals and potential competitors into Visa “partner[s]” on the condition they did not develop competing payment products.

    Visa offered payoffs to incentivize potential competitors to keep out of the debit market. It also threatened potentially ruinous financial penalties if up-and-coming competitors innovate in ways Visa dislikes. As Visa’s then-chief financial officer (CFO) explained in 2023, Visa makes “it worth their while to partner with us.”

    Through these agreements, Visa shrewdly and deliberately built for itself the cosseted life of a monopolist in which, as Visa’s CFO emphasized, “Everybody is a friend and partner. Nobody is a competitor.” But the antitrust laws have something to say about that. And that is why we have filed today’s lawsuit against Visa.

    For more than a century, the Justice Department has fought anticompetitive conduct in financial services markets. From stopping mergers that threaten affordable access to banking, like Philadelphia National Bank, to breaking up the rules that restricted competition on the NASDAQ, the division has made clear the antitrust laws protect the financial system that benefits small and large businesses, and consumers, from monopolists and anticompetitive behavior alike. Today’s case follows the long and storied legacy of the Antitrust Division to vindicate competition in American commerce.

    In closing, I would like to thank the incredibly hardworking, brilliant and service-minded attorneys, economists and paralegals of the Antitrust Division. Their tireless efforts to restore economic justice to this critical market resulted in today’s filing. I am proud every day to be their colleague, but especially today.

    MIL Security OSI –

  • MIL-OSI Security: Federal Court Permanently Shuts Down Illinois Tax Preparer

    Source: United States Attorneys General

    A federal court in the Northern District of Illinois today permanently enjoined Joliet, Illinois, tax return preparer Sir Michael Joseph Davenport and his company My Unity Tax Financial & Tax Preparation LLC (My Unity Tax) from preparing federal tax returns for others and from owning or operating any tax return preparation businesses in the future. Davenport agreed to the permanent injunction entered against him and his business.

    The civil complaint filed in the case alleges that Davenport and his company prepared false and fraudulent federal tax returns to improperly reduce the customers’ tax liabilities or to obtain tax refunds to which the customers are not entitled. The complaint alleges that Davenport and My Unity Tax routinely prepared tax returns for customers reporting fictitious businesses for customers, minimal or no income and large fabricated or manipulated expenses to fraudulently reduce taxable income. As alleged in the complaint, in most cases these businesses did not exist.

    The complaint also alleges that, despite being issued a Preparer Tax Identification Number (PTIN) by the IRS, Davenport operated as a “ghost preparer” by not signing customers’ tax returns, nor did he identify himself as the paid preparer by reporting his PTIN on the returns he prepared for paying customers. As further alleged by the United States, Davenport and My Unity Tax used software programs intended for personal rather than professional use to prepare their clients’ tax returns, so when the returns were filed, it appeared that customers filed the returns themselves.

    Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

    Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS warns taxpayers to avoid ghost preparers and lists other improper acts that tax preparers engage in to take advantage of their unsuspecting customers.

    In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

    MIL Security OSI –

  • MIL-OSI Global: Ontario’s closure of youth detention facilities has not resulted in more support for young people

    Source: The Conversation – Canada – By Jessica Evans, Assistant Professor, Criminology, Toronto Metropolitan University

    The closure of youth detention centres is a positive development. However, without adequate investment in community organizations that serve youth, it is a move set up to fail.
     (Shutterstock)

    The Ontario government said it would save $40 million per year by closing 26 youth detention centres in 2021, with promises to use those savings to support community services for youth.

    Framed as a cost-savings strategy aligned with the objectives of the Youth Criminal Justice Act, the money saved through the closures would be reinvested in community-based services and alternatives to youth detention.

    Since these closures, however, there has been no government reporting on where or when this $40 million will be reinvested. Meanwhile, organizations that serve youth report ongoing resource constraints.

    The closure of youth detention centres is a positive development. However, without adequate investment in community organizations that serve youth, it is a move set up to fail.



    Read more:
    Ontario closes half of its youth detention centres, leaving some young people in limbo

    Youth detention in Ontario

    Between 2018 and 2022, youth imprisonment numbers fell by around 50 per cent in Ontario. That continued a longer trend which has seen youth detention numbers fall by over 85 per cent over a 25-year period from 1997 to 2022. There has also been a recent uptick in youth imprisonment numbers, increasing from 9,654 in 2021-22 to 10,960 in 2022-23.

    Currently, Ontario’s youth prisons are at overcapacity, and the Sudbury youth detention centre is set to close next year.

    Several of the 26 youth detention centres that were closed were situated in northern Ontario. The Ontario Ombudsman, Nishnawbe Aski Nation and Grand Council Treaty #3 have said the abrupt closures would disproportionately impact Indigenous youth in detention.

    A CBC News report on overcrowding in Ontario’s youth detention centres.

    Community organizations overwhelmed

    We have examined the annual reports for 2019-24 from 46 organizations serving youth in the justice system from Kenora, Thunder Bay and Kingston where a significant number of the youth detention closures occurred.

    While many community organizations believe closing detention centres is a good long-term decision, there are many immediate concerns. We found consistent reporting of limited funding to support all youth in need.

    Organizations are impacted by record-high numbers of youth seeking access to services, with some organizations seeing a significant increase in the number of youth accessing their services — especially mental health programs. This has resulted in some organizations increasing the hours and days they are open to accommodate as many youth as possible, while also balancing staff burnout.

    Organizations did not report any substantial increase in funds from the government due to the closure of youth detention centres. Some noted challenges around fundraising, as many events were put on hold during the pandemic. This has resulted in organizations being unable to hire new staff or increase their services. In some cases this has also led to staff layoffs.

    Investing in community

    Deinstitutionalization refers to the period when institutions that housed or confined people with mental, cognitive, intellectual and physical disabilities were shut down, and people were released to live in communities.

    However, this process is often not met with sufficient funding for social supports. Inevitably, more people struggling with mental health end up in hospital emergency departments and in conflict with the law. This shift in responsibility has been referred to as transinstitutionalization.

    We have written about these trends in Ontario following the 2021 youth detention centre closures. Many of the young people in these centres struggle with mental health issues, neurodivergence and addictions.

    Significant investments in community supports are needed. Otherwise, many youth will continue to be funneled into other institutions, including hospitals and adult prisons.

    Since 2009, Ontario has seen a significant increase in hospital emergency room visits for mental health or substance-related concerns, especially among 14–21 year olds. Mental illness and drug dependence are some of the most prevailing health problems for criminalized Canadians. In a study of 1,770 young people in Québec, researchers found those struggling with alcohol or drugs and familial problems are more likely to face re-imprisonment.

    The Brookside Youth Justice Centre in Cobourg, Ont., was among the facilities the provincial government closed in March 2021.
    (Infrastructure Ontario)

    Helping youth in detention

    In 2023, a justice centre was opened in Kenora, and in 2024, funding was announced for child and youth mental health in Ontario. Yet, more support is needed. In many northern, rural and remote communities, services for children and youth with intensive needs simply do not exist.

    Youth face a number of additional barriers accessing support and treatment. These include long wait lists, overemphasis on illness-based and medical models, fragmented services, lack of developmentally and culturally appropriate services, and support that fails to consider the preferences and perspectives of youth and families.

    Strains on youth community supports are also felt in other provinces. Researchers interviewed youth justice community workers in Alberta who reported inadequate funding with impacts on resources for youth, including psychological support and the ability for staff to give enough attention and time to youth. Conditions also lead to staff burnout and exit from the sector altogether.

    The move to shift youth in the justice system away from confinement and towards community is a positive one. However, without investment in community-based service providers to support youth being transitioned out of custodial settings, it is unlikely that youth will thrive.

    Such failures are likely to increase acute mental health crises and demands on ambulatory care within general medicine and psychiatric hospitals. These gaps are also likely to increase the number of youth who will come into conflict with the criminal legal system as adults.

    The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.

    – ref. Ontario’s closure of youth detention facilities has not resulted in more support for young people – https://theconversation.com/ontarios-closure-of-youth-detention-facilities-has-not-resulted-in-more-support-for-young-people-238748

    MIL OSI – Global Reports –