'All for ourselves and nothing for other people' seems in every age of the world to have been the vile maxim of the masters of mankind. -Adam Smith "All the 'truth' in the world adds up to one big lie." Bob Dylan "Idealism precedes experience, cynicism follows it." Anon

Showing posts with label civil rights. Show all posts
Showing posts with label civil rights. Show all posts

November 29, 2011

Sexual harassment in the RCMP and the failure to catch a serial killer

Chain The Dogma    November 29, 2011

Sexual harassment in the RCMP and the failure to catch a serial killer 


Rogue Cops: A few bad apples or a rotten barrel? - Part 2

by Perry Bulwer



The previous post on this blog concerned corporal punishment of children as an abuse of authority. For four years, from June 2007 to June 2011, I archived news articles at Religion and Child Abuse News  related to another type of abuse of authority, namely religiously motivated child abuse, which sometimes includes corporal punishment. I archived well over 3000 news articles on the subject, which represents only a small fraction of such abuse that occurred around the world during that period. I am certain that if I had focused instead on another kind of abuse of authority that appears in news reports almost daily, a similar archive would contain at least as many articles. I am speaking of police misconduct, and I touched on the subject in a previous post, Rogue Cops: A few bad apples or a rotten barrel Part 1.

In that article I used a few examples, one from California and one from Ontario, to support my contention that police misconduct, whether it is outright criminal behaviour or unethical, unprofessional conduct, is often indicative of systemic problems. In other words, the problem is not confined to just a few rogue cops, or 'bad apples', as organizations often describe problem members rather than admit to systemic failures. The larger problem is that the barrel itself is rotten, which inevitably creates more rotten apples.

I realize now that the reference to a rotten barrel in the title of this article and its predecessor is somewhat ambiguous, since it could refer to either all of the apples in the barrel or the barrel itself. In the original article I did attempt to clarify what I meant by that reference, writing:

If he was a bad apple, so were his superiors, which suggests the entire barrel was rotten. There are just too many cases of police misconduct (I'm referring to the U.S. and Canada) for it to be a matter of a few corrupt cops. The problem is rooted in police culture and training.

To be more clear, what I mean is that it is the barrel itself, and the barrel makers that are rotten. Professor Zimbardo's classification of evil activity is instructive here: "... individual (a few bad apples), situational (a bad barrel of apples) or systemic (bad barrel makers)".

And if you think 'evil' is too strong a word to use in relation to police misconduct, consider Zimbardo's definition of evil in The Lucifer Effect: Understanding How Good People Turn Evil:

Let's begin with a definition of evil. Mine is a simple, psychologically based one: Evil consists in intentionally behaving in ways that harm, abuse, demean, dehumanize, or destroy innocent others—or using one's authority and systemic power to encourage or permit others to do so on your behalf. In short, it is "knowing better but doing worse."

To abuse one's authority is to abuse the power, or perceived power, one holds over another, which is what misbehaving police do, and such abuse is evil. I think most people reading this blog will not need much convincing that police brutality is evil, but if you do need convincing just look at the photos in this article about a teen girl battered by a police officer in the back of a police car with two or three other police officers watching.

That the victim in that case is an Aboriginal woman in a town and province with a history of racist police misconduct ought not to surprise anyone. But police bigotry is not confined to race, as the current Missing Women Commission of Inquiry (the Inquiry)  is hearing from various witnesses. That Inquiry is examining the neglectful role of police forces, particularly the Vancouver Police and the RCMP, that enabled a serial killer  to continue disappearing and killing women, most of whom were street sex trade workers, for years after he was first identified as the prime suspect. I am very familiar with that case because I lived in the neighbourhood where many of the victims were working and disappearing from, and know all too well the disdain many police officers had for street prostitutes and their advocates. In fact, I told a parliamentary committee examining the issue of prostitution  how the police aided residents with the NIMBY attitude who organized to push prostitutes into a dark and dangerous industrial area, but that advocates such as the resident group I was working with were ridiculed and hampered in our efforts to protect women from the more dangerous aspects of street sex work.

While the police were still in denial that a serial killer was preying on vulnerable street workers, at least until he was finally arrested in 2002, those street workers and their advocates had every reason to believe the police were denying the obvious because of who the missing women were. The attitude of police, as well as many residents, towards street prostitutes and advocates trying to protect them from harm was the same attitude now being exposed by an RCMP whistleblower who has made damning allegations of sexual harassment within the RCMP  as well as claiming that police indifference towards the missing women  led to the bungling of the case and more murdered women. As I told that parliamentary committee, for example, at several meetings on this issue held in community policing offices in my neighbourhood I and other advocates were sometimes prevented from speaking and ridiculed by name calling such as "hooker huggers" (like environmentalists who are called "tree huggers"). I personally wore that as a badge of honour since I think trying to save a human is at least as noble as trying to save a tree, but the point is that name calling like that is intended to denigrate the other, to demean them, to dehumanize them, which is evil. And now the Inquiry has heard evidence from "... Vancouver police Deputy Chief Doug LePard, author of a 2010 report  critical of the Vancouver Police Department and RCMP, [who] admitted that former Vancouver deputy police chief John Unger referred to the dozens of missing women as “just hookers.""

That misogynistic, sexist attitude of the police regarding the dozens of missing women was not just confined to street sex trade workers. The RCMP whistleblower, Cpl. Catherine Galliford, who was the RCMP spokeswoman on the missing women investigations, has blown the door wide open on sexism and sexual harassment inside the RCMP. She has filed a formal complaint over 100 pages long with the RCMP, is planning to sue the RCMP, and will testify in 2012 before the Inquiry. Here is what Galliford has said about the sexual harassment she faced:

"Everything that came out of his [a supervisor's] mouth was sexual," Galliford said. "If I had a dime for every time one of my bosses asked me to sit on his knee, I'd be on a yacht in the Bahamas right now."

Galliford says she faced constant sexual advances from several senior officers from the moment she graduated from the RCMP Academy in 1991.

She outlines years of harassment in a 115-page internal complaint that the RCMP has yet to respond to, including allegations a supervisor on the Missing Women's Task Force lied to colleagues when he said they were intimate and that he even exposed himself to her.

"He said, 'I have something to show you' ... and pulled out an appendage. He wanted to show me his mole because he wanted to know if I thought it was cute," she said.

"I said, 'Let's go back to the office. We're late. Put it back in your pants.'"

According to Galliford, a supervisor on the Air India Task Force was even more direct.

"One of my bosses kept trying to be intimate with me throughout my time on Air India and kept on taking me on the road trying to have sex with me," she said.

"We don't have any new information to share with the Air India families right now, so why are we going on this trip? And no one said anything, but it was because he wanted to give the perception that we were a couple."

Galliford says the command and control structure at the RCMP means Mounties are instructed to do as they're told, or risk getting reprimanded.

"If they can't screw you, they are going to screw you over. And that's what it became like and so I started to normalize the harassment because I didn't know what else to do," she said.

"It just got to the point that after I had about 16 years of service, I broke. I completely broke."

In 2007, Galliford joined the ranks of 225 B.C. Mounties who are currently off duty on sick leave.

Obviously, her lengthy complaint contains many more details, but that brief account is enough to reveal a disgusting environment of sexism and abuse of authority. It is that kind of environment I refer to when I write of rotten police culture. Cpl. Galliford has also revealed some details of her planned testimony  before the Inquiry, exposing the indifferent attitude of police officers investigating the missing women case:

Cpl. Catherine Galliford, who was the RCMP spokeswoman on the Air India and Pickton investigations, said Thursday that police could have obtained a search warrant for convicted serial killer Robert Pickton years before they arrested the B.C. pig farmer.

She said she's read a 1999 Coquitlam RCMP file that nobody seems to be able to locate now.

RCMP Sgt. Peter Thiessen responded in a written statement, noting it would be inappropriate to comment on anything related to the inquiry.

"You know what? I'm not an armchair quarterback, I'm not," said Galliford. "Never have and never will be. But the minute I read that file I could have put everything together for another search warrant and nothing was done. It was concluded.

"I have to be very careful about what I say right now," she added. "I'm sure that when I testify on behalf of the missing women inquiry, I'll be able to be more forthcoming."

Galliford said the file she read included information that would have allowed police to obtain a search warrant for Pickton's farm.

She said the file had been "purged" from a 1997 file, noting a purge takes place when a file is too big so the information inside is carried over to another year.

"You had a lot of other potential suspects, but in this certain file, we had enough for another search warrant. He wasn't a potential suspect. He was a suspect and there is a difference in the police world."

Police consider a person a suspect, said Galliford, when they have found evidence and can put the person at the scene of a crime.

"At that time in the investigation, Pickton was the only one," she said. "There were potential suspects, but Pickton was the only suspect."

Cpl. Galliford places the blame for that failure of police to connect the dots, stop the killer sooner and save lives squarely on police indifference, in other words on police culture:

 Galliford says she saw numerous problems inside the investigation, including investigators who were more interested in padding their paycheques and drinking alcohol than catching a serial killer.

"They would break between noon and 2 p.m. PT to just drink and party and go for lunch, but then they would go back to work on Friday and claim double-time," she said Wednesday.

"There was a police indifference and that, I believe, is why it went on for so long [to catch Pickton], and why so many women lost their lives."

The indifference of the police towards the missing women -- denying a serial killer was on the loose; denigrating the missing women as "just hookers"; neglecting to follow up solid leads and making connections that were obvious to citizens and their own spokesperson -- is directly related to the misogynist attitudes directed at and exposed by Cpl. Galliford. If you have any doubt about that, consider these cruel comments that she was subjected to by fellow officers:

At Pickton’s trial, eyewitness Lynn Ellingsen gave key testimony that she saw Pickton hang a woman from a meat hook in his barn and gut her.

Ellingsen and Pickton had picked up the woman, whom Ellingsen believes was Papin, earlier that night in Vancouver’s Downtown Eastside.

RCMP Cpl. Catherine Galliford, who was the spokeswoman for the Missing Women Vancouver police and RCMP Task Force, revealed in an interview Tuesday with the Vancouver Province, and in a 115-page statement, that male officers told her they had a “fantasy.”

“They fantasized about Willie Pickton escaping from prison,” Galliford said in her statement to RCMP Insp. Paul Darbyshire and RCMP Supt. Dave DeBolt.

“He would escape from prison, track me down, strip me naked, hang me from a meat hook and gut me like a pig,” Galliford told the Vancouver Province.

Galliford, who emphasized she knows many police officers who cared deeply about the missing women, said only one other officer in the roomful of men seemed as shocked and horrified as she did.

At the Missing Women Commission of Inquiry on Wednesday, Vancouver police Deputy Chief Doug LePard, author of a 2010 report critical of the Vancouver Police Department and RCMP, admitted that former Vancouver deputy police chief John Unger referred to the dozens of missing women as “just hookers.”

What Cpl. Galliford reveals about the sexist attitude within the RCMP as well as the misogynistic indifference of those investigating the missing women case is beyond rotten and disgusting, it is truly evil. RCMP culture is rotten to the core if a room full of male officers can dehumanize a female officer with images of the gruesome slaughter of a serial killer's victim while laughing about it. If that is the attitude RCMP officers and their superiors have towards their own female members, then it is no surprise at all that their indifference and neglect in the missing women case led to the murder of more women. There is a direct link between sexual harassment within the RCMP and their failure to catch a serial killer of women. It turns out that many female RCMP officers have something in common with their sisters working the street. Apparently, some male officers and bosses do not discriminate when it comes to sexual bigotry, degrading women regardless of whether they wear a uniform or work the street.

In Part One of this article I used examples from both Canada and the U.S. to illustrate my contention that the problem with all police forces in those countries is not that there a few bad apples, or even a barrel of bad apples, but that the barrels themselves are rotten. My opinion that police culture is corrupt is informed partly by personal experience, but mostly through media accounts, not through any comprehensive investigation of policing issues. However, I think it is a conclusion easily reached by any casual observer of such matters. Nevertheless, I will give the final word regarding corrupt police culture to an insider who knows a thing or two about policing. Norm Stamper is a former Seattle police chief and outspoken board member of Law Enforcement Against Prohibition (LEAP). He is also author of Breaking Rank: A Top Cop’s Exposé of the Dark Side of American Policing and he recently wrote an article for The Nation magazine titled "Paramilitary Policing from Seattle to Occupy Wall Street." He is an expert in these matters and he confirms my conclusions regarding rotten barrels. In a Democracy Now interview Stamper notes:

"There are many compassionate, decent, competent police officers who do a terrific job day in and day out. There are others who are, quote, 'bad apples.' What both of them have in common is that they 'occupy,' as it were, a system, a structure that itself is rotten. And I am talking about the paramilitary bureaucracy."

And in his article in The Nation he writes:

I’m convinced it is possible to create a smart organizational alternative to the paramilitary bureaucracy that is American policing. But that will not happen unless, even as we cull “bad apples” from our police forces, we recognize that the barrel itself is rotten.

UPDATE: December 10, 2011 

On December 8, 2011, Bob Paulson was officially sworn in as the RCMP's 23rd commissioner. He announced several 'get tough' measures to deal with sexual harassment allegations within the force. While they are positive steps which will help to prevent or properly punish future incidents, Paulson's quick dismissal of historic abuses and injustices calls into question just how serious he is at getting to the systemic roots of the problem.

He claims that discipline and accountability will be key under his watch, yet he appears to be avoiding any accountability for one particularly egregious case. It involves accusations of assault and sexual harassment by four female colleagues of Sgt. Robert Blundell in the late 1990s. Retired RCMP superintendent Ian Atkins conducted an internal review at the time, investigating how the case was handled. His conclusion then, and today, is that Blundell should have been fired. And a lawyer who was hired by the RCMP to prosecute Blundell in an internal hearing revealed recently that she was shocked when an RCMP superintendent flew in to negotiate a deal with Blundell. In the end, Blundell was only ordered to take counselling and fined one day's pay. He was later promoted.

In a media scrum after his swearing in ceremony, as well as in his first formal TV interview, Paulson said, "I like to think the Blundell case has been resolved," and that he didn't want to debate the decision. But the thing is, the case is not resolved for Blundell's four female colleagues who never received justice for the personal and institutional abuse they suffered, nor is the case resolved for the public or the RCMP because an injustice like this, committed by the very people whose duty it is to uphold justice, brings disrepute to not just the RCMP but the entire legal system.


Further media updates to this story, including coverage of the missing women inquiry and RCMP harrassment cases, will be added to the comments section below.



Related articles on this blog:


Rogue Cops: a few bad apples or a rotten barrel? Part 1


Aboriginal Teen May Be Charged with Assaulting RCMP Officer With Her Face


Constitutional expert says beware of coming Canadian police state


THE COMMENTS SECTION BELOW CONTAINS RELATED NEWS ARTICLES. IT HAS REACHED ITS LIMIT SO I HAVE PLACED ADDITIONAL NEWS REPORTS RELATED TO THIS ONGOING SCANDAL ON A SEPARATE PAGE OF THIS BLOG. GO TO:

http://chainthedogma.blogspot.ca/p/sexual-harassment-in-rcmp-and-failure.html



September 28, 2011

Aboriginal Teen May Be Charged with Assaulting RCMP Officer With Her Face

Chain The Dogma

Aboriginal Teen May Be Charged with Assaulting RCMP Officer With Her Face

She was handcuffed at the time, photos show her bruised and swollen face

by Perry Bulwer



I am being facetious with that title, of course, but this is no laughing matter. A 17 year old Aboriginal teen in Williams Lake, British Columbia who alleges, with supporting evidence and in the context of racist police misconduct in that town, that she was punched at least 6 times while handcuffed in the back of a police car, may be the one to face criminal assault charges rather than the police officer who committed the brutal assault.


 Jamie Haller

She had turned to the police for protection, but instead needed protection from the police. So far, we have photos showing how the police protected her by beating her, (see the video)  but no photos or any other evidence that has been made public of the harm or potential harm caused to the police officer she allegedly assaulted by force or threat. For all we know, she may have been merely blowing bubbles his way, which in Canada is enough to get you arrested for assault. Or the police could be lying, which wouldn't be the first time.





British Columbia differs from other jurisdictions in Canada in that it is not the police who formally lay criminal charges.  Instead, the police provide a report of the alleged crime to Crown council (prosecutors) who review the case and decide whether charges are warranted. Thus the title to this post, since as far as I know there have not yet been assault charges laid against anyone involved. But there should be and they should not be against Jamie but the police officer, unless he was acting in self defense. However, it is difficult at this point to see how punching a girl in the face several times could be an appropriate self defense response when she was handcuffed in the back of a police car and posing no danger to anyone in that situation.  But as usual in cases of police misconduct, it is the police who are investigating the police, whereas it ought to be an independent agency that investigates crimes allegedly committed by police officers, as the B.C. Civil Liberties Association calls for.

In the same news feed that alerted me to this case was another news report on the RCMP, this one concerning their soon to expire contract for services in British Columbia. The Federal government has given the Province an ultimatum to settle the negotiations and renew the contract or else it will withdraw the RCMP services. Perhaps that wouldn't be such a bad thing, given the attitude many RCMP officers seem to have towards the very citizens they are supposed to serve and protect. The only problem is that there is no guarantee any replacement force would be any better, because the problem with most police forces is not a few bad apples, but with systemic problems related to police recruitment, training, culture and oversight.

UPDATE  October 6, 2011

News stories of police brutality often turn out worse than first reported after a bit of investigating. The CBC reported yesterday that the RCMP officer who assaulted Jamie Haller, the aboriginal teen in the article above, had previously faced a disciplinary hearing for disgraceful conduct. He was reprimanded and fined five days' pay, so you might assume the incident was not too serious. You would be wrong.

Three years ago, Const. Andy Yung was part of a security detail at an international summit meeting of defence ministers in Banff, Alberta. While off duty Yung got drunk, got into a phone argument with an ex-girlfriend, and fired his gun into the ceiling of his hotel room. No one was killed or injured, but they easily could have been. Yung carelessly endangered the lives of others, yet his punishment was the equivalent of telling him what a bad boy he was and denying him his allowance for a week. Boys will boys, after all.

If that had been anyone other than a police officer, however, there almost certainly would have been criminal charges laid for reckless use of a firearm. Section 86 of the Criminal Code of Canada sets out the crime of careless use of a firearm and the prescribed punishment. Last I checked, the Criminal Code still applies to the police. While police officers ought to be held to a higher standard than other citizens, because of the special powers they have, they are often not even held up to the same standard as regular citizens, but are able to skirt the law through internal disciplinary processes. Recklessly firing his gun through a hotel room ceiling into the room above, especially considering he was drunk, ought to have been a massive red flag for Const. Yung's superiors and enough to have him removed from the RCMP,  or at the very least put him behind a desk for the rest of his career. He obviously had substance abuse and anger management problems, and a seriously bad attitude towards women. The RCMP brass failed in their duty to protect the public from an unstable constable, and Jamie Haller had to suffer as a result of their neglectful oversight, which supports the original conclusion I made in this post:  the problem with most police forces is not a few bad apples, but with systemic problems related to police recruitment, training, culture and oversight.

Criminal Code

Careless use of firearm, etc.

 (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

Contravention of storage regulations, etc.
(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Actrespecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

Punishment
(3) Every person who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment
(i) in the case of a first offence, for a term not exceeding two years, and
(ii) in the case of a second or subsequent offence, for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.


UPDATE  MAY 12 2012


<b>Williams Lake mountie pleads not guilty to assault</b>

By Monica Lamb-Yorski - Williams Lake Tribune
Published: May 02, 2012

Const. Andy Yung has pleaded not guilty to a charge of assault, following a Sept. 10, 2011 incident when 17-year-old Jamie Haller was alleged to have sustained injuries while in Williams Lake RCMP custody.

The plea was entered this morning, May 2, in Williams Lake Provincial Court.

The next court date is set for May 16 at 1:30 p.m., at which time trial dates are expected to be fixed.

Both Crown and defence have requested a trial time of five days.


http://www.wltribune.com/breaking_news/149856355.html


<b>Week-long trial dates set for court case involving Williams Lake mountie</b>

By Monica Lamb-Yorski - Williams Lake Tribune

Published: May 17, 2012

The trial dates have been set for the assault case involving Const. Andy Yung, who has pleaded not guilty to a charge of assault, following a Sept. 10, 2011 incident when 17-year-old Jamie Haller was alleged to have sustained injuries while in the custody of Williams Lake RCMP.

Yung will appear in court on Nov. 7 for a pre-trial conference with a judge regarding the confirmed trial dates of Jan. 21-25, 2013.

http://www.wltribune.com/breaking_news/151779625.html?mobile=true

UPDATE: APRIL 22,  2013

[note: this result is typical of the kind of systemic injustice Indigenous people in Canada face everyday]


B.C. Mountie cleared of assault of First Nations teen

Const. Andy Yung acted reasonably during arrest of Jamie Haller: judge

CBC News April 22, 2013

A Williams Lake RCMP officer who punched a First Nations teen in the face has been acquitted of an assault charge.

On Monday, the judge ruled Const. Andy Yung acted reasonably during the arrest of 18-year-old Jamie Haller in 2011.

Haller's mother, Martina Jeff, was expecting a different result.

"It's been a hard, long, year and a half. We thought we were going to get justice. And everything just didn't go the way we thought it was going to go. It affected Jamie, it took a lot out of her," Jeff said.

During the trial, Yung admitted that he punched Haller in the face while she was handcuffed in the back seat of his police cruiser, but said he did so because she was drunk and agitated and had wrapped her legs around his head.

Haller testified that the officer punched her more than six times, but the judge found her testimony to be inconsistent and evasive.

"What means most to me at the end of the day here is that the judge, in his careful deliberation, chose to accept the evidence of constable Yung,” said Insp. Warren Brown, head of the Williams Lake RCMP detachment.

“And that tells me that the evidence provided by Const. Yung was truthful, and regardless of the decision, that would be my biggest concern."

Yung has been on desk-duty since the charges were laid.

Brown says it is too soon to say whether or not the RCMP will conduct an internal review, or if Yung will return to active duty in Williams Lake.

Const. Yung has been in trouble before.

In 2008, while providing security at an international summit in Banff, he was involved in a drunken telephone conversation with his ex-girlfriend when he fired his service gun into the ceiling of his hotel room.

Yung was later cited for disgraceful conduct and docked five days pay.

http://www.cbc.ca/news/canada/british-columbia/story/2013/04/22/bc-haller-assault-yung-cleared.html


UPDATE: August 27, 2014 

Jamie Haller has now filed a civil suit against the city and three RCMP officers, including one who was acquitted of an assault charge. See the report posted August 27 2014 in the Comments Section below.

Related Articles On This Blog:



Rogue Cops: a few bad apples or a rotten barrel?

Red Cross emergency mission to Indian reservation exposes Canadian apartheid

September 23, 2011

Can Tourism Help Change North Korea Like It Changed China?

Chain The Dogma


Can Tourism Help Change North Korea Like It Changed China?

 by Perry Bulwer


Speaking of governments spying on citizens, which the Canadian government is trying to do as explained in the previous entry on this blog, it seems that North Korea is now trying to lure tourists to the hermit nation. That news brought back memories of the time I tried to visit that closed country in the mid 1980s. I was living in Beijing at the time, teaching English during the 1985-86 school year, and although I knew that North Korea did not allow tourists in I decided to try anyway. I was out riding my bike one day when I passed the North Korean embassy, so out of curiosity I went inside to see what I could find out. It was a very eerie experience. The gate to the compound was open and no one prevented me from entering the main building. There was no sign of life anywhere, and in the sterile, nearly empty greeting room no receptionist or guard greeted me, but I had a strong feeling that I was being watched.

I had grown accustomed to being spied on as a foreigner living in a communist country. My activities were monitored constantly, both in the apartment complex for foreign workers I lived in and in my classrooms, where there was always a Communist Youth League member in attendance ostensibly as a student, but who was always more educationally advanced than the others. China had only recently re-opened to the outside world after the Communist Party had closed it off under Mao Zedong's regime, and was still suspicious of outsiders. Deng Xiaoping changed that policy in 1978 by moving towards a capitalist free market system, and promoting foreign trade and investment. A necessary consequence of that was the opening of the country to tourists. Although some tourism was allowed in modern China as early as the 1950s, it was extremely controlled and not in any way an open market. After 1978, however, that began to slowly change.

In 1983, I was living in Macau, which was still a Portuguese colony at the time before it was handed over to China in 1999. Tourists had been allowed entry into China for a few years by then, but only in group tours. As China progressed and overcame some of its fears of  'spiritual pollution' from the outside world, it began to loosen travel restrictions for individuals. I was among the first to travel solo as a tourist there during that period, but the government was still wary. When I applied for a day visit visa to test the waters, officials told me that I was required to hire a car and driver from them to cross the border, even though I could have taken a city bus or taxi and walked across. Perhaps that was a mere money grab, but I suspect it was more likely that they too were testing the waters for solo tourists. Whatever the case, I have never crossed a border so easily, not even the Canadian-U.S. one where border guards are as paranoid and suspicious as any Chinese ones I encountered. Crossing into China from Macau, my driver flashed his credentials, I showed my passport and that was it. We drove straight through without delay, passing two large groups of tourists disembarking from their buses to pass the security and customs checks.

I made another week long solo trip to China in 1984, taking the train from Hong Kong to Guangzhou (Canton), and then on to Shanghai. I then returned to China in 1985, as I mentioned, but over 25 years later it is a very different place today. It is almost unrecognizable from the China I knew back then, and all that progress, initiated by Deng Xiaoping's open door policy, has greatly improved the lives of most citizens. I see things occurring in China today that were forbidden or impossible when I lived there. I had never imagined for a moment that that openness could possibly bring all those positive changes to a country that had been so closed to the outside. Similarly, looking at North Korea today, it is extremely difficult to imagine the same type of progress occurring there. When I was in that greeting room of its Beijing embassy back in 1986, I waited for about 20 minutes before anyone came out to talk with me. Actually, they didn't talk with me. A surly man entered the room without speaking a word. I said I would like to travel to his country and asked how to apply for a visa. If he spoke English, he didn't let on, and only replied in Korean, which I don't understand. It was obvious he was not going to give me any information, seemed irritated I was there and wanted me to leave, so I did. Until now, I never thought the hermit nation would ever leave its shell and open up to the world. Perhaps that is about to change with this new desire to court foreign tourists. I'm not holding my breath, but if China could change so drastically there is hope for North Korea too. For its people's sake, I hope that change comes soon.

September 17, 2011

Stop Online Spying



The Canadian government is trying to ram through an anti-Internet set of electronic surveillance laws that will invade your privacy and cost you money. The plan is to force every phone and Internet provider to surrender our personal information to "authorities" without a warrant.

This bizarre legislation will create Internet surveillance that is:
  • Warrantless: A range of "authorities" will have the ability to invade the private lives of law-abiding Canadians and our families using wired Internet and mobile devices, without a warrant or any justification.
  • Invasive and Dangerous: The laws leave our personal and financial information less secure and more susceptible to cybercrime.
  • Costly: Internet services providers may be forced to install millions of dollars worth of spying technology and the cost will be passed down to YOU.



Sign the petition at: http://stopspying.ca 





Synopsis

Article 12 presents a sharp look at the current state of privacy and debates around the rights and desires of individuals, governments, terrorism and the increasing accessibility and use of surveillance.

The film is a thought-provoking exposé on our current obsession with voyeurism, surveillance technologies, power and control. Starting from our own private spying habits, Article 12 examines how vulnerable and exposed we have become in our relationship to each other and as a society and talks about those who are gaining from this condition. The film uses the twelfth article of the Universal Declaration of Human Rights to chart the current state of privacy around the world, arguing that without the right to privacy no other human right can truly be exercised. The film brings together the world’s leading academics, philosophers, cultural figures and technologists to highlight the devastating potency of surveillance and the dangers of public and individual complicity, and presents a growing movement fighting for the upkeep of our right to privacy.

Article 12 confronts these issues head-on to provide a powerful wake-up call as we sleepwalk into a worldwide surveillance society.


Related articles on this blog:



Constitutional expert says beware of coming Canadian police state




August 23, 2011

Rogue Cops: a few bad apples or a rotten barrel?

Chain The Dogma    August 23, 2011

Rogue Cops: a few bad apples or a rotten barrel?

The shocking cruelty of police towards a serial killer's rape victim


by Perry Bulwer





Last week I started watching the TV series, The Wire. Yes, I know I'm several years late, but that's how I watch TV these days. I wait for a series to conclude, then obtain the entire series to view at my leisure rather than conforming to broadcast schedules. It is also much easier to remember characters and plot lines from episode to episode and season to season that way. So far I've only watched the first four episodes of season one, but even though those episodes aired in 2004 they still seem freshly ripped from today's headlines.

I am thinking particularly of the depiction of incompetent, violent police officers and their corrupt superiors. Of course, such depictions are nothing new, corrupt cops being a popular Hollywood trope, but the real rogues are often worse than those fictional ones. The Rodney King incident in 1991 helped illustrate that fact in a way that was impossible for the police to cover-up. Police brutality and abuse of authority are as old as policing itself, of course, but until the advent of video technology they always had a way to cover up their crimes through collusion. They still do that today, but it is much harder when there is video evidence often taken by witnesses. That type of evidence of police brutality has greatly increased now that most citizens carry cell phone cameras with them. However, instead of dealing with the problem of rogue cops who abuse their powers, law enforcement officials seem determined to criminalize filming police in public places.

What's good for the police apparently isn't good for the people -- or so the law enforcement community would have us believe when it comes to surveillance.

That's a concise summary of a new trend first reported by National Public Radio last week -- the trend whereby law enforcement officials have been trying to prevent civilians from using cellphone cameras in public places as a means of deterring police brutality.

Oddly, the effort -- which employs both forcible arrests of videographers and legal proceedings against them -- comes at a time when the American Civil Liberties Union reports that "an increasing number of American cities and towns are investing millions of taxpayer dollars in surveillance camera systems."

Then again, maybe it's not odd that the two trends are happening simultaneously. Maybe they go hand in hand. Perhaps as more police officers use cameras to monitor every move we make, they are discovering the true power of video to independently document events. And as they see that power, they don't want it turned against them.

...

Law enforcement officials, of course, don't like the cellphone cameras because they don't want any check on police power. So they've resorted to fear-mongering allegations about lost lives. But the only police officers who are threatened by cellphone cameras are those who want to break civil liberties laws with impunity. The rest have nothing to worry about and everything to gain from a practice that simply asks them to remember the all-too-forgotten part of their "protect and serve" motto -- the part about protecting the public's civil rights.

In some jurisdictions, such as California, the law already shields violent police officers. Here's an excerpt from a recent investigative report  there:

March 21, 2009, was one of the bloodiest days in the history of the Oakland Police Department and California law enforcement.

...

[Sgt. Patrick] Gonzales would emerge from the day’s dramatic violence as a department hero; some colleagues nicknamed him “Audie Murphy,” the most decorated American soldier of World War II. But to many in the black and Latino neighborhoods Gonzales polices today, he has long been known as something else: a loose cannon. During Gonzales’ 13-year career he has shot four suspects, three fatally. “He’s left a trail of victims in his wake,” says Cathy King, the mother of one of Gonzales’ shooting victims, “but he’s [considered] a valued member of the police department.”

Multiple lawsuits alleging wrongful death, excessive force, illegal searches and racial profiling incidents involving Gonzales have resulted in $3.6 million paid by the city in settlement money. Law enforcement experts say he fits the profile of the “bad apple” minority in OPD that is responsible for most of the allegations of brutality that plague its relationship with the city’s communities of color. And the Board of Inquiry report on the bloody events of March 21, 2009, places significant blame for the carnage on Gonzales’ decisions.

Yet, Gonzales has been consistently promoted and deployed into sensitive situations throughout his career, and without public outcry. That’s because few know about either his record or his promotions. His extensive personnel file is today off-limits to the public, thanks to a dramatic rollback in the transparency of law enforcement records following a California Supreme Court ruling five years ago. The 2006 decision, in Copley Press v. Superior Court of San Diego, effectively classified all records of individual law enforcement officers, even those employed by contractors.

The arc of Gonzales’ career, from a patrol officer in the Eastlake neighborhood to a sergeant on the SWAT team at the heart of one of OPD’s darkest days, tells the story of a department’s broken accountability system, now pushed behind a wall of secrecy.

I do not buy the "bad apple" argument. If Gonzales was merely a bad apple, why did he keep getting promoted? If he was a bad apple, so were his superiors, which suggests the entire barrel was rotten. There are just too many cases of police misconduct (I'm referring to the U.S. and Canada) for it to be a matter of a few corrupt cops. The problem is rooted in police culture and training. I do not know how else to explain the brutal behaviour of Ontario police towards a woman bound, beat and raped by a serial killer.

A woman who was bound and sexually assaulted by her then-neighbour, Col. Russell Williams, says the police left her tied up for five hours after responding to her 911 call.

Laurie Massicotte says Ontario Provincial Police officers told her they had to leave her in the harness, fashioned by Williams, until an OPP photographer arrived to take pictures of her in the restraint.

"I was left for five hours, still in my harness, still tied up, naked, lying under a comforter," Massicotte, 47, told the Ottawa Citizen in a telephone interview Friday.

"Five hours, no medical attention. I was in total shock. I didn't know what the heck was going on."

The OPP, she said, treated her like a criminal in the early hours of the investigation.

One officer told her neighbour, Massicotte said, that police suspected she was trying to "copycat" what happened to another sexual assault victim in Tweed, Ont., 12 days earlier.

"It was really, really, really bad," she said.

...

Massicotte was blindfolded and bound. Her clothes were cut from her with a knife. She was forced to pose while Williams took photos.

The ordeal lasted 3 1/2 hours. Williams left her in a makeshift straitjacket — her arms were cinched to her sides — but she still managed to dial 911.

The police told her she would have to stay in the restraint until the ident unit arrived. When photos were finally taken five hours later, Massicotte said she was then allowed to put on a bathrobe, and taken outside for three more hours while police combed her house for evidence.

She went through a lengthy interrogation before an OPP officer "finally confessed to me that this similar situation happened 12 days ago and we didn't warn anybody about it."

After the incident, Massicotte said she felt violated and terrorized by Williams — and "betrayed" by the police. She said she now suffers from post-traumatic stress and anxiety.

To recap, Laurie was tied up, beaten, and raped for 3 1/2 hours by a serial rapist and killer. When police arrived an obviously traumatized Laurie was left naked and tied up for 5 more hours because they did not believe she was a victim, but instead thought she was a criminal. Then when they finally untied her she was forced to wait another 3 hours outside while police continued their investigation. So, her rapist abused her for 3 1/2 hours, but the police abused her for 8 hours. But that was not the final indignity. Not only did the police think she was faking her own assault, they had failed to warn her that a similar attack had occurred just two weeks earlier. That failure in their duty of care to Laurie will be one of the claims in her lawsuit against the police force.

So, is that a case of a few bad cops, or an indication of a systemic failure in police training and oversight? Could those police officers really not tell the difference between a traumatized sex assault victim in shock and someone merely pretending to be? Are they trained to assume everyone they deal with is a criminal until they can prove otherwise? It certainly seems so, as the Robert DziekaÅ„ski  case suggests. He was the innocent Polish man killed by police tasers in the Vancouver airport. They then tried to cover up what they did by giving false evidence. It was not just the four RCMP officers involved who colluded on their evidence and tried to mislead the investigation and inquiry. An RCMP spokesperson gave a false version of events to the public before anyone was aware that a witness had taken a video of the incident. No wonder police departments want to criminalize filming the police.

Post Script: I continued this theme of police misconduct in the blog post  "Sexual harassment in the RCMP and the failure to catch a serial killer" at the first link below.

  

August 9, 2011

Controversial BBC interview with Darcus Howe on the London riots



Chain The Dogma   August 9, 2011


Controversial BBC interview with Darcus Howe on the London riots

by Perry Bulwer



Darcus Howe, a political activist, broadcaster and columnist and long time London resident was interviewed on BBC today for his thoughts on the three days of riots that have occurred there so far.  The Canadian political activism website rabble.ca posted a video of the interview, with a message to pass it on because it is unlikely the BBC will want to replay it. I am not familiar with Howe so I checked out Wikipedia and found that this BBC interview had already been referenced there.  Here is that Wikipedia excerpt and the video.

Controversial BBC Interview
Howe was interviewed live on BBC television[6] on 9 August 2011 during the 2011 London riots. The interview was noted for the hostile tone taken by the BBC presenter Fiona Armstrong conducting the interview[7]. Shortly after Howe began lamenting that "young blacks and young whites..... have been telling us, and we wouldn't listen....." the presenter interrupted him to ask him if he condoned violence. While denying condoning violence, his attempt to decry the killing of Mark Duggan (widely seen as the spark for the unrest) was again interrupted by the presenter who insisted that "we have to wait for the official inquiry..... We don't know what happened to Mr. Duggan."[8].
Howe attempted to put the unrest in context:
"I don't call it rioting, I call it an insurrection of the masses of the people. It is happening in Syria, it is happening in Clapham, it's happening in Liverpool, it's happening in Port of Spain, Trinidad, and that is the nature of the historical moment....."
At that point the presenter again interrupted, taunting Howe: "You are not a stranger to riots yourself, are you? You have taken part in them yourself." In fact Howe had never been convicted of rioting, and pleaded with the presenter before being finally cut off:
"I have never taken part in a single riot. I've been on demonstrations that ended up in a conflict. And have some respect for an old West Indian negro, and stop accusing me of being a rioter. Because I...you don't want to get abusive. You sound idiotic. Have some respect..."




October 25, 2010

Constitutional expert says beware of coming Canadian police state

Chain The Dogma    August 22, 2010

by Perry Bulwer


Clayton C. Ruby, one of Canada's leading lawyers specializing in criminal, constitutional, administrative and civil rights law, warns of the coming police state in Canada in this two part interview. He explains how our civil rights, supposedly protected by the Charter of Rights and Freedoms, exist precariously at the whim of ideological political leaders, who can remove that protection at any time through unjust, unconstitutional laws and regulations, enforced by the police who have turned against the very people they are supposed to protect. Furthermore, citizens who have had their rights denied or limited in this way have no legal recourse to hold governments accountable for such Charter violations.


SENIOR LAWYER SAYS "BEWARE OF COMING POLICE STATE" Pt. 1






"BEWARE OF COMING POLICE STATE" PT.2 Clayton Ruby: No effective way to enforce charter of rights 





Paul Jay: Was the prime minister the hidden hand behind the G-20 fiasco in Toronto?




Canadian Court Bans G-20 Defendant from Speaking 

Organizer Alex Hundert coerced into 'unprecedented' gag clause (includes interview filmed prior to ban)





More at The Real News More at The Real News More at The Real News


 These videos were found at:  The Real News Network http://therealnews.com/t2/


G20 officer: 'This ain't Canada right now'



G20 police officer: 'This ain't Canada right now'

 A police oversight body is probing the comments of a police officer who was caught on YouTube telling a man who refused to be searched during the G20 summit, "This ain't Canada right now." The video shows a verbal confrontation between Paul Figueiras and York Regional Police officers working summit duty in downtown Toronto, about a block from the security perimeter.

One officer tells Figueiras that police need to search his backpack, but he refuses. "You haven't opened up your bag, so take off," the officer says to the man. When the man refers to being in Canada, the officer replies: "This ain't Canada right now."

Figueiras told CBC News on Friday, "It certainly meant in that moment that this officer was saying to me, 'As far as I am concerned, you don't have civil rights,'" He said at one point, the officer grabbed him and he had to back away. "I was actually responding to him, saying, 'OK, well, I'm not going to open my backpack so I'm going to leave and that's actually when he assaulted me and said you don't get a choice."

Figueiras lodged a complaint last month with Ontario's Office of the Independent Police Review Director. In a report last month, Ontario Ombudsman Andre Marin used the video as one example of how police brass spread confusion among officers on the street. He said a misinterpretation of special provincial legislation led to police wrongly believing they had expanded powers. University of Toronto law professor David Schneiderman said this false belief among police that they could search anyone they please led to widespread violations of civil liberties. "There were various indications that the police officers here from various police forces, Toronto, York Regional police are identified, were exhibiting behaviour that was directly contrary to the constitutional rights of the people involved," said Schneiderman.

A spokesperson for the police oversight body investigating the incident said they don't comment during ongoing probes. York Region police also refused to comment.
http://www.cbc.ca/news/canada/story/2011/01/21/g20-police-officer-youtube.html

G8/G20 Communique: Alex Hundert re-re-re-arrested People need to tell their G20 story in a public hearing: CCLA and NUPGE Nathalie Des Rosiers, general counsel for the Canadian Civil Liberties Association, and James Clancy, the National Union of Public and General Employees's national president, spoke to rabble.ca about the release of a report by the CCLA and the NUPGE based on public hearings on the G20 mass arrests. The hearings were held in Toronto and Montreal last November. Activist Communique: The G20 and why I'm glad we didn't stay home G8/G20 Communique: Alex Hundert re-re-re-arrested "Each arrest is more preposterous than the last.

 The fact that this latest unbelievable charge is coming from the Crown themselves reveals a clear political bias from the Attorney General's office to keep Alex in jail at all costs and to criminalize political dissenters" http://rabble.ca/blogs/bloggers/statica/2010/10/g8g20-communiqu%C3%A9-alex-hundert-re-re-re-arrested G8/G20 Communique: The Law Union of Ontario's post-G20 action guide This guide is a resource to help you understand your rights and the kinds of actions you can take in response to a violation of your rights during the G20 Summit in Toronto in June 2010. During the G20 Summit in Toronto on June 26 and 27, 2010, police trampled on the legal rights and civil liberties of thousands of protestors, legal observers, media personnel, bystanders, and other members of the public.

The guide is free and online at: http://www.lawunion.ca/sites/lawunion/files/2010%2009%2030%20G20%20Guide%20LAYOUT%20FINAL%20WEB_0.pdf

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 CBC News - October 14, 2010

 Dozens of G20 accused have charges dropped The Crown has dropped charges against more than 100 people who were arrested during the G20 summit in Toronto. Ninety of those defendants were Quebecers who travelled to Toronto to protest the summit, which ran June 26-27. A group of them had taken a bus from Montreal to Toronto that weekend and were sleeping on the floor at the University of Toronto graduate students' union building. They were rounded up by Toronto police early in the morning of June 27. They were charged with a number of offences, including unlawful assembly and conspiracy-related charges.

All of those people had their charges dropped Thursday because of a lack of evidence. Many of them did not appear in court in person, rather, they celebrated on the steps of the courthouse in downtown Montreal. Lisa Perrault, a Montreal social worker and a member of the group Anti-Capitalist Convergence, was among those arrested on June 27. She was held at a temporary detention centre for three days before being charged with unlawful assembly and conspiracy to commit an indictable offence. She said dropping more charges is an admission that they shouldn't have been arrested in the first place. "It's all to show to people that they are not welcome to say what they have to say because that's what is going to happen to them."

'Charges were frivolous'

Julius Grey, a Montreal lawyer who has been a fierce critic of the policing during the summit, agreed. "Well, it says what we knew from the start, those charges were frivolous, there was no evidence, that they knew of no conspiracy," he said. Some 1,100 people were arrested that weekend, but only 308 were eventually charged. Before Thursday, charges were dropped against 69 of those people. To date, only six people have been convicted. Most of those charged were held in a makeshift detention centre, then released on bail - just like Perrault. "My rights weren't respected," said Maryce Poisson, who was arrested along with Perrault. "I felt really stressed about that. And I still had visions about what happened in jail. I think it is something that's really traumatic."

Montreal man arrested

Meanwhile, Toronto police announced Thursday that they had arrested a Montreal man in connection to G20-related vandalism. Youri Couture, 22, faces six charges, including assaulting a police officer, wearing a disguise with intent to commit an indictable offence and possession of dangerous weapons. Police allege that during the G20 summit, Couture smashed the windows of a coffee shop, causing more than $18,000 in damages. Police also allege he assaulted a police officer with a weapon during the meeting of world leaders. This article was found at: http://www.cbc.ca/canada/toronto/story/2010/10/14/g20-charges-dropped685.html


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Enemies of the State CBC News - Canada October 15, 2010

 Former Manitoba AG on secret internment list A former provincial attorney general was among thousands of Communists and sympathizers from across Canada slated to be watched and even detained at internment camps under a Cold War-era plan, a joint CBC/Radio-Canada investigation found.

 Roland Penner, who served in cabinet under Manitoba's NDP government throughout the 1980s, was monitored by the government program PROFUNC over the span of two decades starting in the 1950s. It's unclear whether they continued to monitor him after he was elected to office in 1981.

"I've reason to believe ... that it continued even when I was attorney general. Now, when it stopped, I don't know," Roland told The Fifth Estate. He has obtained the thick security file the RCMP compiled on him, but most of it is redacted. Though he knows his Communist ties prompted police surveillance, he had no idea about the government's secret internment plan.

The CBC's The Fifth Estate and Radio-Canada's Enquete investigative programs unearthed troubling details about the three-decades-long secret government contingency plan dubbed PROFUNC, which stands for PROminent FUNCtionaries of the Communist Party. At the plan's outset in 1950, about 16,000 suspected Communists and 50,000 sympathizers were listed as PROFUNC targets to be monitored and possibly interned in the advent of a national security threat. Penner's inclusion on the list is perhaps not surprising. He followed in the footsteps of his parents, becoming a leading communist in the province. He ran for federal election under a communist banner in the early 1950s but later joined the New Democrats. His father, Jacob Penner, had a hand in founding the Communist Party of Canada.

Both of Penner's parents were also on the PROFUNC list. Under the PROFUNC plan, sealed envelopes were placed in RCMP detachments across the country containing names and details about potential internees. Arrest document A separate arrest document, known formally as a C-215 form, was written up for each potential internee. Each form detailed the person's name, age, physical description, photos of the person, information on their vehicles and homes, including location of doors to be used in potential escapes. The lists of targets included their children. Over the decades, the documents in the envelopes were regularly reviewed and updated. In the advent of a national security crisis, RCMP detachments across the country would begin a massive roundup they referred to as M-Day, or Mobilization Day. Police commanders were secretly briefed on preparations for the day. Special uniformed teams were to be deployed in residential neighbourhoods, taking up tactical positions and rounding up the targets. Those arrested would then be transported to temporary "reception centres."

Early lists suggested reception centres be set up in locations across the country, including Toronto's historic Casa Loma, a country club in Port Arthur, Ont., and Grandstand Exhibition Grounds in Regina. Internees would later be transferred to more formal detention facilities such as penitentiaries. Men would be kept at camps across the country, women would be sent to one of two facilities in the Niagara Peninsula or Kelowna, B.C. Children would either be sent to relatives or interned with parents. An 11-page document outlines the harsh rules for internees at the camps. Internees could be held indefinitely and shot if caught trying to escape. Harsh punishment Internees also faced harsh punishment if they broke the strict rules of the camps, such as the following: "No internee shall converse with any person, other than an officer guard or staff member, unless he is permitted to do so under these regulations or is given special permission to do so by an officer."

The PROFUNC files were regularly updated until the program's demise in 1983, prompted by administrative changes introduced by Robert Kaplan, Canada's solicitor general at the time. The former Toronto Liberal MP said he knew nothing of the plan's existence during his time as minister in the early 1980s. Kaplan says he learned of the program - and his inadvertent role in shutting it down - from the CBC. He unwittingly ended the program when he ordered the RCMP to discontinue whatever was causing a number of superannuated Communists to encounter problems entering the United States. Irate constituents had alerted him to the problem. Kaplan said he was appalled to hear that the Canadian government had been involved in such a plan: "I just can't believe it had any government authorization behind it."

PROFUNC plan

The PROFUNC plan changed over the years, but here's a glimpse of what it looked like in its early years. The following information is from a 1951 document detailing reception centres and internment camps to be set up across the country. Reception areas: Halifax: Canadian Immigration Detention Headquarters Montreal:Department of Labour Hostel Toronto: Casa Loma Winnipeg: Normal School Port Arthur, Ont.: Port Arthur Country Club Regina: Grandstand Exhibition Grounds Edmonton: Canadian Immigration Quarters Calgary: Northern Electric Building Vancouver: Canadian Immigration Building Internment camps: Kelowna, B.C.: A female-only facility housing 400 B.C. and Prairie internees. Chilliwack, B.C.: A male-only camp for 400 British Columbians. Lethbridge, Alta.: A facility accommodating 400 male internees from the three Prairie provinces. Neys, Ont.: A camp for 400 men from Ontario. North Bay, Ont.: A male-only facility for 400 Ontarians. Niagara Peninsula (St. Thomas or London area), Ont.: A facility for 400 women from Ontario, Quebec and the Maritimes. St. Gabriel de Brandon, Que.: 400 men from Quebec and Maritimes. Parry Sound, Ont.: A co-ed camp, numbers not specified.

This article was found at:

http://www.cbc.ca/canada/story/2010/10/15/attorney-general-internment-camp.html

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