Tag Archives: Abuse

Philippines ‘apologizes’ to Kuwait after rescuing domestic workers

Philippine Foreign Affairs Secretary Alan Peter Cayetano addresses the 72nd United Nations General Assembly at U.N. headquarters in New York, U.S., September 23, 2017. REUTERS/Eduardo Munoz

MANILA (Reuters) – The Philippines apologized on Tuesday for what Kuwait viewed as violation of its sovereignty after the Southeast Asian nation’s embassy “rescued” several domestic workers from their employers’ homes amid reports of abuse.

Foreign Secretary Alan Peter Cayetano said the embassy was forced to “assist” Filipino workers who sought help because some situations were a matter of life and death.

“We respect Kuwaiti sovereignty and laws, but the welfare of Filipino workers is also very important,” he said, adding that domestic helpers account for more than 65 percent of the more than 260,000 Filipinos in Kuwait.

Cayetano said Kuwait had accepted the Philippines’ explanation after the Kuwaiti ambassador met Philippine President Rodrigo Duterte and held talks with Cayetano.

“We’re sending a note now to my counterpart, and we are apologizing for certain incidents that Kuwait views as violation of their sovereignty,” Cayetano told reporters.

Duterte last month ordered workers in Kuwait to return over reports of abuse following the discovery of a domestic worker’s body in a freezer in an abandoned home.

In Saturday’s operation, the workers were taken to shelter houses ran by the embassy and would soon be repatriated, diplomats in Manila said.

“The workers voluntarily went with embassy staff who waited outside the homes of the domestic helpers’ employers,” said a diplomat. The employers did not hand over their passports.

Some workers were persuaded to leave their employers, he said.

The operation was captured on video and posted on social media. “It was not a clandestine operation,” said Elmer Cato, assistant secretary for public diplomacy.

Kuwait had summoned the Philippine ambassador to demand an explanation.

There are 600 Filipino workers in embassy-run halfway houses in Kuwait, Cayetano said, with about 120 more who have sought rescue from employers due abuse and tough working conditions.

Duterte’s spokesman Harry Roque said part of an agreement with Kuwait was to seek assurance it would to bring those who abused Filipino workers to justice.

“The secretary conveyed our request for Kuwait’s kind understanding of the sworn duty of the government to protect Filipino nationals anywhere in the world,” Roque said in a statement.

Workers in many Gulf states are employed under a sponsorship system that gives employers the right to keep their passports and exercise full control over their stay.

Rights groups say the system leaves millions of workers in the region open to exploitation.

(Reporting by Manuel Mogato; Editing by Nick Macfie)

Kuwait condemns Philippine president’s call to evacuate workers

Kuwait's Minister of Foreign Affairs Sheikh Sabah al Khalid Al Sabah attends the Kuwait International Conference for Reconstruction of Iraq, in Bayan, Kuwait February 13, 2018. REUTERS/Stephanie McGehee

KUWAIT (Reuters) – A top Kuwaiti official condemned on Tuesday a call by Philippine President Rodrigo Duterte to evacuate his country’s workers from Kuwait, suggesting Duterte could damage ties between the two countries.

Duterte said last week that his government would ask private airlines to evacuate Filipino nationals from Kuwait within 72 hours, after the discovery of the dead body of a Filipino migrant worker in a freezer.

Two planes full of workers arrived in Manila from Kuwait on Monday on flights provided for free by commercial airlines at the president’s request. On Sunday, the Philippine labor minister said more than 2,200 Filipinos were ready to take up Duterte’s offer.

“We are surprised and we condemn statements from the Philippine president, especially as we are in contact with the Philippines on a high level to explain the workers’ conditions in Kuwait,” said Kuwait’s Minister of Foreign Affairs Sheikh Sabah al-Khalid al-Sabah.

He was speaking at a joint news conference with U.S. Secretary of State Rex Tillerson during a meeting in Kuwait of the global coalition against Islamic State.

“Escalation does not serve the ties between Kuwait and the Philippines,” Sheikh Sabah said, adding that 170,000 Filipinos “live a decent life in Kuwait … but separate accidents unfortunately happen, and we are providing our Filipino counterparts with the results of the investigations.”

The Philippines suspended sending workers to Kuwait in January after reports that abuse by employers had driven several to suicide.

(Reporting by Ahmed Hagagy; Additional reporting by Martin Petty; Writing by Aziz El Yaakoubi; Editing by Andrew Torchia, William Maclean)

Special Report: How courts help companies keep sexual misconduct under cover

A Goldman Sachs sign is seen above the floor of the New York Stock Exchange shortly after the opening bell in the Manhattan borough of New York, U.S

By Dan Levine, Benjamin Lesser and Renee Dudley

NEW YORK (Reuters) – Cristina Chen-Oster, a senior salesperson in Goldman Sachs’s convertible bonds department, was a few years out of MIT when a male colleague pinned her against a wall, kissed her, groped her and tried to engage in a sexual act, she said in a lawsuit in federal court. After reporting the incident to her boss, the lawsuit alleged, she missed out on pay and promotions while her accused attacker steadily rose through the ranks.

Cathy Sellars at her home in Fort Walton Beach, Florida, U.S. December 21, 2017.

Cathy Sellars at her home in Fort Walton Beach, Florida, U.S. December 21, 2017. REUTERS/Michael Spooneybarger

Cathy Sellars, a 59-year-old mother of two adult children, was training to become a truck driver for freight hauler CRST when she complained to her bosses about repeated sexual harassment by male colleagues, according to a class action lawsuit against the company. Her complaints ignored, she says in court records, she eventually found herself in a truck cab with a male driver who pulled a knife on her after she rebuffed his sexual advances. He then refused to allow her to exit the truck during a trip through the southwest and held her for several hours, she sai

And Sebastian Kelly, a gay driver for an ambulance company in Alabama, said in a lawsuit that he worked in a sexually charged atmosphere, where two male co-workers routinely exposed their genitalia.

News headlines of late have focused on sexual harassment accusations against movie mogul Harvey Weinstein, former Today show anchor Matt Lauer, former U.S. Senator Al Franken and other media figures, entertainers and politicians. In each case, the accusers say they waited years to confront the men who accosted them, most of them too ashamed or fearful to complain publicly or persuaded to keep quiet by tactics meant to suppress the truth.

But these three plaintiffs, and many like them, chose to confront their alleged abusers and hold the companies they work for accountable in public court. Rather than opening the incidents to full public scrutiny, however, judges let companies push the legal boundaries of what should be considered confidential and to keep details of abusive behavior secret.

A Reuters review of federal court cases filed between 2006 and 2016 revealed hundreds containing sexual harassment allegations where companies used common civil litigation tactics to keep potentially damning information under wraps. Plaintiffs in some cases say companies sought to conceal internal documents that reveal similar harassment claims, as well as corporate policies that favored abusers over victims.

In one case, plaintiff lawyers collected secret evidence about alleged criminal behavior, including details of a pharmaceutical saleswoman who alleged a doctor sexually assaulted her at a work-related event. Her supervisor admitted to giving a sheriff’s detective false information about the allegations, court records show.

THE COST OF SECRECY

The true number of such cases is likely much greater than the hundreds identified by Reuters. Federal courts categorize sexual harassment within a larger group of gender discrimination claims, which makes a full accounting difficult. In addition, many sexual harassment cases are filed in state courts. Reuters focused its review on the federal courts because records are more accessible and consistent.

As a result of the sealed documents, cases that could shine light on specific abusers, or on toxic corporate cultures, do the opposite: They enable the very secrecy and corporate complicity that allow sexual harassment to persist in the workplace.

Shira Scheindlin, a former Manhattan federal judge, said judges should make public human-resources complaints that result in employee discipline.

 

Shira Scheindlin, a former Manhattan federal judge, poses for a portrait at her firm's office in New York City, U.S., January 8, 2018. Picture taken January 8, 2018.

Shira Scheindlin, a former Manhattan federal judge, poses for a portrait at her firm’s office in New York City, U.S., January 8, 2018. Picture taken January 8, 2018. REUTERS/Brendan McDermid

“Otherwise, you get the serial abuser just doing it at the next job,” said Scheindlin, who currently heads the American Bar Association’s federal courts subcommittee and whose private practice includes advising companies on handling sexual harassment complaints. “If that record had been available, there would have been no next job.”

U.S. District Judge Charles Breyer said courts are going too far in routinely sealing such cases. Documents filed in federal court are presumed to be public, he said, so people can understand how the judiciary works. Companies should not be allowed to cloak evidence just because it is damaging, said the judge, based in San Francisco. That goes not only for sexual harassment but also for broader corporate governance issues.

“It’s hard to see why their private interests to avoid embarrassment trumps the public’s right to have access to litigation,” Breyer said.

Companies say they have good reason to seek broad protective orders. They frequently argue that their internal documents contain unproven allegations that shouldn’t be public, or sensitive business information that could aid a competitor. Plaintiff attorneys say they often agree to protective orders and motions to seal information from public disclosure because fighting over public access can increase the length and cost of a lawsuit.

Many judges, meanwhile, are reluctant to enforce transparency when neither side has requested it, according to several current and former federal judges.

“I don’t think any judge is presumptively hostile to the idea of disclosure,” Breyer said. “We may be presumptively hostile to doing more work. I’m speaking for myself.”

Most civil cases settle before they can be publicly aired before a jury. That means the pre-trial secrecy allows companies to permanently conceal information about their sexual harassment policies and how they respond to specific complaints of abuse.

A broad protective order in the ongoing lawsuit by Chen-Oster and three other women against Goldman has allowed the Wall Street giant to keep hundreds of documents under wraps for three years.

Asked about the secrecy, a Goldman spokesperson told Reuters the firm keeps details private because it promises employees confidentiality when they report concerns. The spokesperson would not discuss the specific allegations raised by Chen-Oster and the other plaintiffs.

In court documents, the company acknowledges that Chen-Oster told her boss about the contact with her co-worker and that the supervisor contacted Goldman’s human resources department about it. Chen-Oster, the company says in court filings, did not want to pursue a human resources complaint.

The protective order permitted lawyers on either side to mark any document exchanged in discovery as confidential, thus barring anyone from disclosing it outside the case. Such orders have become standard to ensure secrecy during the pre-trial evidence discovery phase in U.S. civil litigation.

There are no nationwide standards on what information should be sealed when discovery documents are later filed in court. Several federal appeals courts recognize that trade secrets, sensitive financial data, or personal information like Social Security Numbers can remain secret. When it comes to allegations of misconduct, some case law allows information that would intrude on an individual’s privacy to be kept secret. But it is left to judges to decide if someone’s privacy outweighs the public’s interest in disclosure.

Initially, Chen-Oster’s lawyers agreed to the protective order, but later, when they sought to broaden the case, they took the rare step of arguing that many documents filed in court should be made public.

Adam Klein, one of her lawyers, said plaintiff attorneys usually agree to protective orders to gain access to company documents in the first place.

“It’s balancing the interest of the client to get information with the public’s right to know,” Klein said. In Chen-Oster’s case, Klein said, they later pushed to unseal documents in part so that more women working at Goldman who could join the lawsuit would know the details.

The lawyers asked then-U.S. Magistrate Judge James Francis IV in Manhattan to certify the lawsuit as a class action to address pay and promotions lost to gender discrimination at Goldman. To support their request, they filed, under seal, nearly 300 internal Goldman documents the company had given them during discovery. Some of those documents, the lawyers alleged, showed that Goldman rewarded men who engaged in sexual misconduct. Because Goldman had asserted confidentiality during discovery, Chen-Oster’s lawyers had to file those documents in secret.

The plaintiffs also secretly filed a chart that logged gender discrimination complaints Goldman female employees made to the U.S. Equal Employment Opportunity Commission.

MYSTERY RULING

The plaintiffs’ first request in 2014 to unseal is itself not public, nor is Goldman’s response. Francis sided with Goldman – though his reasoning is unknown because he also sealed the ruling from disclosure on the public court docket.

In a subsequent filing, Chen-Oster’s lawyers argued that details about Goldman HR investigations should be made public, at least without revealing employee names, because they did not contain the type of trade secrets that legal precedent allows companies to keep confidential.

In response, Goldman attorneys argued the documents should remain secret, arguing many contained hearsay and violated the privacy of people who aren’t parties to the suit. The material had been “selectively culled” from Goldman’s internal personnel files to “sensationalize this proceeding,” Goldman’s lawyers said.

U.S. District Judge Analisa Torres in Manhattan reaffirmed Francis’s ruling in 2017, saying the sealed materials “include sensitive content about identifiable non-parties.” Because of that, Torres ruled, the plaintiffs’ request to make the material public should wait until after a judge decides whether to let the case proceed as a class action.

That legal question has now been pending for more than three years.

Torres declined to comment. Francis, who recently left the bench, also declined to comment on the Goldman case. But in general, he said, judges often wait to wade into secrecy issues until after they know what evidence will be important in their rulings. That way they have a roadmap to decide which secret court filings are most relevant to the public, he said.

“Making a decision later with more information may be better,” Francis said. “But later may be much later, and that’s problematic.”

Goldman says in court filings that it takes harassment seriously. Out of 12 human-resources cases highlighted by Chen-Oster’s lawyers, Goldman said it had fired five subjects of those complaints and disciplined five. The identities of those employees, however, are not public, leaving other companies unaware of the abusers’ histories.

Chen-Oster and one other plaintiff declined to talk for this article, and the others did not respond to Reuters’ efforts to reach them.

IDENTITY BLACKOUT

In some cases, companies have persuaded judges to require plaintiffs to keep secret the alleged abusers named in lawsuits, before discovery even begins.

The 2011 claim filed by Sebastian Kelly against his former employer, Regional Paramedical Services Inc of Jasper, Alabama, described a hyper-sexualized environment in which his colleagues allegedly exposed their genitalia regularly and discussed sex in graphic terms. He described one instance in which a colleague told Kelly that he “can’t be gay, you like titties too much.”

That employee’s name, and several others, were blacked out in Kelly’s complaint on the order of Judge James Hancock of the Northern District of Alabama. Hancock ruled that all names of employees who weren’t in supervisory roles, including the human resources director, must be kept secret.

Hancock wrote that allegations against non-supervisory employees are “embarrassing” and that the public’s right to access court records was outweighed by the privacy interests of the employees.

In July 2012, both parties asked the judge to dismiss the case after reaching an out-of-court settlement; the terms weren’t disclosed.

A company spokesperson did not respond to requests for comment. The company denies Kelly’s allegations in court documents. Kelly would not disclose the terms of the settlement.

Because the case did not go to trial, the identities of the accused remain blacked out in Kelly’s lawsuit. The accused are named openly, however, in a complaint Kelly filed with the Equal Employment Opportunity Commission. Kelly’s lawyers filed the document after Hancock ordered them to submit the EEOC records. Anyone reviewing the filing would find the names of the accused men.

Hancock, who has retired, could not be reached to explain why he did not order the names to be blacked out when the lawyers filed the EEOC complaint.

CLASS SECRETS

In the case against CRST Expedited Inc., a large trucking company, secret court filings were compelling enough to persuade Judge Leonard Strand that plaintiffs had grounds to mount a class action alleging widespread systemic abuse against female employees. Yet even with the class certification, the judge continues to keep important details under wraps.

The case, filed in U.S. District Court in Cedar Rapids, Iowa, centers on the complaints of three women, including Cathy Sellars, the 59-year-old who says she was held at knifepoint after rejecting a coworker’s sexual advances. She said she complained about harassment to her superiors and the human resources department. When she contacted human resources to check on the status of her complaints, she says in her lawsuit, she was told that information was “none of my business.”

After Sellars and the other plaintiffs took CRST to court, their attorneys sought information from the company about how it handled sexual harassment complaints, and how many had been filed. The plaintiffs eventually obtained much of that information.

However, the broad protective order adopted at the beginning of the case – agreed to by both the plaintiffs and the defendants – barred anyone from disclosing that information. The order also forced the plaintiffs to file secretly their motion asking the court for class certification. As a result, all of their allegations of widespread abuse at CRST remained confidential.

Judge Strand granted the plaintiffs’ bid for a class action. In that March order, Strand disclosed some of the sealed material, including the number of female employees – 106 – filing sexual harassment complaints with CRST between October 2013 and February 2016.

But the documents he cited – along with the entire motion he ruled on – still remain under seal.

“The public has a right to know about the gravity of harm in cases like this,” said Giselle Schuetz, an attorney for Sellars. She said she agreed to the sealing, however, because she couldn’t afford to delay the case.

The litigation is pending, and CRST attorney Kevin Visser said he could not discuss the case or any of the specific allegations as a result. The company denied Sellars’ allegations in court documents. Strand did not respond to requests for comment.

CONCEALED EVIDENCE

Plaintiff attorneys say secrecy orders tie their hands even when apparent criminal acts are uncovered during the pre-trial exchange of information, such as evidence that women were sexually assaulted while doing their jobs.

In one gender discrimination claim that went to trial eight years ago, Swiss pharmaceutical giant Novartis attempted to keep secret evidence that one of its managers had given false information to a sheriff’s detective investigating a sexual assault complaint, court records show.

That attempt came to light when the manager testified during a deposition with the plaintiff’s attorneys before the trial. The attorneys could not disclose the revelation to law enforcement authorities without seeking permission from the company or the judge because the deposition was required to be kept secret under the terms of the protective order.

Novartis tried to keep the details under wraps as the case went to trial. The company’s lawyers argued that the alleged sexual assault and the criminal investigation were irrelevant and would prejudice the jury because the details were “unusually graphic and offensive to any reasonable person.”

The judge rejected that argument, so in April 2010, Novartis sales rep Marjorie Salame told the jury that she was sexually assaulted by a doctor at a work-related golf event.

Salame testified that she had considered herself on a management track and enjoyed a good relationship with her boss when she headed to a country club near Tampa, Florida, in May 2002. At the end of the night, Salame said at an earlier deposition, Dr. Edwin Colon got her alone, lifted her skirt and penetrated her with his fingers.

The next day, Salame told her manager, Joseph Simmons, what had happened. Simmons told the jury he also received a phone call from Colon, who was apologetic but denied culpability, saying he had been drinking. The doctor said the sexual contact with Salame had been consensual, Simmons testified.

Colon declined to discuss the case with Reuters. Simmons also declined to comment.

Salame reported the incident to the sheriff’s office, and investigators interviewed Simmons. The Novartis manager told a detective that the doctor had not said he had been drinking and that Novartis was not investigating the matter, court records state. In fact, Simmons later testified, a human resources employee at Novartis was looking into the complaint, a fact he knew when he talked with the detective.

Salame’s ex-manager testified both in the pre-trial deposition and during the jury trial that he had misinformed the detective about what Colon told him and about Novartis investigating the complaint, though he told the jury he had not deliberately lied.

The doctor was not charged with a crime.

Had Salame’s lawyers wanted to tell law enforcement authorities about Simmons’ pre-trial revelation, they would have had to go through an elaborate process with Novartis and the judge. Nothing on the court docket shows they did so. Katherine Kimpel, who represented Salame and other women against Novartis, declined to comment.

U.S. Senator Richard Blumenthal, a Democrat, co-sponsored legislation in 2014 that would have allowed victims to disclose evidence obtained in civil litigation to law enforcement, if it impacts public health or safety. The bill died in committee.

Broad protective orders and motions to seal, Blumenthal said, can often conceal evidence of criminal behavior, allowing abusers to prey on unsuspecting women.

“The present practice sends her on a trail where all of the warning signs about the dangers have been removed, and she’s there vulnerable and alone,” he said.

Salame told Reuters she was too overwhelmed to pursue the matter involving her supervisor after learning he had misled investigators. She did file a civil lawsuit against the doctor, who denied her allegations. Three years ago, both sides agreed to a settlement.

The manager’s testimony was the first time Salame learned what he had done. “It took eight years for it to come out and vindicate me,” Salame said in an interview.

Few sexual harassment cases reach trial, making the Novartis case – and the details disclosed during public testimony – unusual.

The 2010 trial generated weeks of testimony – and headlines – about how the company treated women. The jury eventually ordered Novartis to pay $250 million in punitive damages in the class action. The company later decided to settle the case and pay about $153 million to class members, rather than appeal the jury verdict.

A Novartis spokesman declined to discuss the case with Reuters.

As part of the resolution of the case, the company agreed to internal reforms, including annual training on a new sexual harassment policy and new measures for tracking and investigating complaints. On pay, it agreed to analyze gender discrepancies and to share the results of that analysis with the plaintiffs’ attorneys.

More than three years later, U.S. District Judge Colleen McMahon congratulated Novartis for successfully complying with the reforms.

Yet even in a case with such transparency, the openness had its limits. The details of Novartis’s compliance efforts were not filed on the court docket and remain secret.

(Reporting by Dan Levine in San Francisco, Benjamin Lesser in New York and Renee Dudley in Boston. Edited by Janet Roberts.)

Ohio politicians call for inquiry into jail stun-gun abuses cited by Reuters

Ohio politicians call for inquiry into jail stun-gun abuses cited by Reuters

By Jason Szep and Linda So

COLUMBUS, Ohio (Reuters) – In one video, Sergeant Mychal Turner stunned a mentally ill inmate with a Taser multiple times after the inmate defied an order to stand in his cell at Ohio’s Franklin County jail.

In another, Turner fired the Taser’s electrified barbs into an inmate’s chest after he refused to remove a piece of jewelry. In a third, he pulled the trigger five times on a handcuffed inmate who wouldn’t sit on a bench.

Each incident violated the jail’s Taser policy, and each was cited in a class-action lawsuit the county settled that accused jail guards of “sadistic” and unconstitutional use of Tasers from 2008 to 2010, court records show.

Yet neither Turner nor any other deputies were disciplined, according to internal county jail records reviewed by Reuters.

Instead, Turner was promoted to major. He’s now commander of Franklin County Corrections Center II, the largest of the jail’s two main facilities.

Reached by phone, Turner declined to comment. In court documents, he has defended his actions, saying he feared for his safety in some incidents and wanted to avoid potentially dangerous physical struggles in the small confines of a cell. Jail officials also declined to comment, though the county said it instituted reforms in 2011 under the lawsuit settlement.

Now, following a Reuters report this month that included publication of more than a dozen stun-gun videos, the jail faces escalating calls for investigation.

Two United Nations torture experts called for a criminal inquiry into the cases documented by Reuters. Local political leaders say they agree.

Ohio State Senator Charleta Tavares, a Democrat whose district includes the jail, said she planned to call on the county prosecutor’s office to investigate. She said she was disturbed by the video footage published by Reuters.

“Any time a stun gun is used inappropriately – particularly in the video, where it looks as though it is just used over and over and it’s more like a prod that people would use on animals – that is criminal in my opinion,” Tavares said.

Ohio Democratic State Representative Kristin Boggs also urged a closer look. A criminal investigation would be appropriate, she said, if an officer was found to have used excessive force that violated jail policy. “I certainly think it’s worth investigating to determine what we can be doing to make our system better,” Boggs said.

Deputies who misused Tasers should be held to account, said relatives of the inmates.

“It was absolutely abuse,” said Logan Amburgey, whose brother Patrick was stunned multiple times and pistol-whipped with a Taser by another deputy after defying orders to sit on a bench in his cell on June 12, 2009. Patrick, a 21-year-old college student at the time, had been arrested for passing out intoxicated on the front porch of a local residence.

“UNCOOPERATIVE”

From 2008 to 2010, 22 deputies at the Franklin County Jail used Tasers on 80 inmates, according to a Reuters review of the jail’s “use of force” reports. No jailer pulled the trigger more times than Turner.

In all, Turner delivered 28 shocks for a total duration of 126 seconds over the course of 12 incidents. One other guard, Sergeant Andrew Eing, fired his Taser 26 times for a total of 114 seconds. Most other deputies who used the weapons pulled the trigger fewer than a dozen times.

Like Turner, Eing was promoted – to lieutenant in the department’s Internal Affairs Bureau, responsible for investigating officer misconduct. Now supervisor of the detective bureau, he did not return calls seeking comment. In internal reports, Eing denied abusing the Taser, saying he aimed to prevent injury to staff and inmates.

In one case, Eing shocked a 23-year-old mentally ill inmate, Jibril Abdul-Muwwakil, 14 times for 64 seconds while he lay bleeding on the floor, surrounded by 10 officers. An internal investigation concluded the Taser use was “justified” to control a “violent, dangerous, resisting inmate.” Experts for the plaintiffs described the incident as “excessive” and a violation of Taser product-safety and health warnings.

Sixty percent of the 80 Taser incidents involved people classified by the jail as intoxicated or mentally ill, Reuters found.

In January 2009, Turner and four deputies tried to move Ralston Distin, a 47-year-old inmate classified as “mentally disabled,” to another location. When the jailers opened his cell door, Distin shielded his body with a sleeping mat, speaking unintelligibly. Turner shocked him repeatedly for refusing to stand up. Once in leg irons, Turner shocked him again for not letting go of the mat.

Turner feared he would get “entangled in a wrestling match” or be kicked if he didn’t use the Taser, he testified in court documents.

In another video, Turner fired the Taser’s electrified barbs into the chest of Kevin Carey in May 2009 for refusing to remove a nipple ring. Carey, 25, had been charged with drunk driving and resisting arrest.

Turner said he stunned Carey to “make sure that he doesn’t become uncooperative” and because he failed “to follow directions.”

He also stunned a handcuffed Gregory Esmile five times after the 46-year-old failed to sit down on a bench. Esmile was jailed on trespass charges after failing to leave a nightclub, court records say.

Turner said he worried Esmile was “getting ready to charge.”

“UNLAWFUL USE”

According to the jail’s Taser policy at the time, Tasers were allowed for self-defense, protection of another inmate or staff, disarming an inmate, preventing self-harm to an inmate, or controlling a combative inmate.

Tasers could not be used on inmates in handcuffs, leg irons or a restraint chair, or on pregnant women. So several cases violated the policy, the lawsuit against the county alleged. One video cited in the case showed a pregnant woman, Martini Smith, being shocked. She later miscarried, and was among plaintiffs in the civil lawsuit.

Axon Enterprise Inc, the stun gun manufacturer, said its guidelines suggest proper practices and that it does not “condone torture of any kind.”

In separate statements, the office of Franklin County Prosecutor Ron O’Brien and the Franklin County sheriff’s department said no one officially sought a criminal investigation in the cases.

The statements said the U.S. Department of Justice did not recommend criminal charges when the DOJ intervened in the civil lawsuit on grounds that Franklin County “engaged in a pattern or practice of unlawful use of Tasers against detainees and inmates in their custody.”

After that case, the county agreed to pay eight inmates a total of $102,250 in damages, strengthened its Taser policy and expanded training.

The Department of Justice’s Civil Rights Division does not recommend that jurisdictions prosecute cases, according to DOJ rules.

O’Brien’s office said neither the inmates’ lawyers nor its expert witness, Steve J. Martin, sought charges.

Disability Rights Ohio, a legal group representing inmates, said that’s not its role. The nonprofit group “is not an enforcement agency,” said advocacy director Kerstin Sjoberg-Witt.

Martin, who has inspected more than 500 U.S. prisons and jails, said urging investigations is not his role. He was “surprised” at O’Brien’s comment.

The cases were ultimately investigated by the special litigation section of the DOJ’s Civil Rights Division. Under DOJ rules, litigation lawyers can refer possible crimes to the unit’s criminal section.

Justice spokesman Devin O’Malley said he couldn’t “comment on the existence or non-existence of investigations.”

(Additional reporting by Tim Reid in Columbus and Grant Smith in New York. Editing by Ronnie Greene.)

Victims of Mexico military abuses shudder at new security law

Activists hold a protest against a law that militarises crime fighting in the country outside the Senate in Mexico City, Mexico December 14, 2017. Placards read, "No to the Militarisation in the Country". Picture taken December 14, 2017.

By Lizbeth Diaz

MEXICO CITY (Reuters) – Human rights activist Juan Carlos Soni fears a new security law passed by Mexico’s Congress on Friday could mean his death after he suffered beatings, electrocution and abduction at the hands of the armed forces four years ago.

Bucking widespread protests from rights groups, Congress approved the Law of Internal Security, which will formally regulate the deployment of the military in Mexico more than a decade after the government dispatched it to fight drug cartels.

Proponents of the law argue it is needed to delimit the armed forces’ role in combating crime, while critics fear it will enshrine their purview, encouraging greater impunity and abuses in a country where justice is often notoriously weak.

Multiple human rights groups and international organizations, including the United Nations, attacked the bill, mindful of the dozens of reported cases of abuses by members of the military in Mexico over the past 11 years.

Soni, 46, a teacher from the central state of San Luis Potosi, whose case was documented by Mexico’s national human rights commission, related how in 2013 he was detained, blindfolded and tortured by marines after being warned by them to stop looking into alleged rights abuses.

While being held in a cellar, Soni said, he was made to leave fingerprints on guns and bags of marijuana and cocaine.

He was then arrested on charges of carrying an illegal weapon and drug possession, and spent 16 months in prison until he was released with the aid of U.N. representatives in Mexico.

“If they give them that power and send out the Navy again, I’m going to seek political asylum in another country,” Soni told Reuters shortly before the law passed Congress. “Much though I love my country, if I stay, they’ll kill me.”

The Navy subsequently acknowledged participating in abuses against Soni, but he said he has yet to receive any restitution.

The Navy did not immediately reply to request for comment.

“THE JOB WE WERE ASKED TO DO”

Well over 100,000 people have been killed in turf wars between the gangs and clashes with security force since former President Felipe Calderon first sent in the military to combat drug gangs shortly after taking office in December 2006.

Reports of abuse gradually crept up as the battle with the cartels intensified, and tens of thousands of people have gone missing or disappeared in the tumult.

Many of the most damaging scandals, from extra-judicial killings of suspected gang members to questions over the army’s failure to stop the disappearance of 43 students near a base in 2014, have come under President Enrique Pena Nieto.

Opponents of the military deployment say it has undermined trust in one of the most respected institutions in Mexico, as exposure to sickening violence and organized crime corroded the Army and the Navy just as it had the police.

“We don’t want to be on the streets, but this is the job we were asked to do,” said a soldier who asked to remain anonymous because he was not authorized to speak publicly.

Noting that personnel were often separated from their families for long periods, the soldier said the task of attempting to keep order was made harder by the lack of regulations governing how the military should proceed.

“It should be the police who are doing this, but they don’t have the necessary training,” he said.

Under Calderon and Pena Nieto, the armed forces played a major role in capturing or killing most of the top capos in Mexico. But they have not managed to pacify the country.

October was the most violent month on record since the government began keeping regular monthly tallies 20 years ago.

Relatives of the victims of abuses believe the new law will only give the military more cover to do what it wants.

“The Law of Internal Security won’t just protect them, it offers them more faculties to carry out human rights violations masquerading as security operations,” said Grace Mahogany Fernandez, whose brother was kidnapped and disappeared by the armed forces in December 2008 in the northern state of Coahuila.

(Editing by Dave Graham and Leslie Adler)

Exclusive: U.N. watchdogs call for probe of Taser assaults in U.S. jails

Exclusive: U.N. watchdogs call for probe of Taser assaults in U.S. jails

By Stephanie Nebehay and Jason Szep

GENEVA (Reuters) – The U.N. special rapporteur on torture urged U.S. authorities to investigate and weigh criminal charges against jail officials in Ohio, Tennessee, Oklahoma and Arkansas for the “clearly gratuitous infliction of severe pain and suffering” from the use of Tasers on inmates, citing a Reuters report this week.

After reviewing footage of jail incidents obtained by Reuters, Nils Melzer said the “grave abuse” from Taser use in some U.S. jails violated the United Nations’ prohibition on cruel, inhuman or degrading punishment and, in some cases, amounted to torture. He cited video footage Reuters published of 22 incidents in four jails: in Franklin County, Ohio; Cheatham County, Tennessee; Franklin County, Arkansas; and McCurtain County, Oklahoma.

“In my view, all of the incidents shown in this video require independent investigation and most of them are likely to merit prosecution,” Melzer said in an interview. “Clearly gratuitous infliction of severe pain and suffering … constitutes a grave violation of human dignity and of the universal code of conduct for law enforcement officials.”

His criticisms were echoed by the head of the United Nations watchdog panel that monitors U.S. compliance with an anti-torture treaty, who said the cases documented by Reuters “need to be investigated thoroughly.”

In an article and accompanying video report published Wednesday, Reuters identified 104 cases of prisoners who died after being shocked with Tasers. Some of the in-custody deaths were deemed “multi-factorial,” with no single cause, and some were attributed to pre-existing health problems. But the Taser was listed as a cause or contributing factor in more than a quarter of the 84 inmate fatalities in which the news agency obtained cause-of-death findings.

Of the 104 inmates who died, just two were armed when shocked and nearly 80 percent hadn’t been convicted of a crime. A third were in handcuffs or other restraints when stunned. In more than two-thirds of the 70 cases in which Reuters was able to gather full details, the inmate already was immobilized when shocked – pinned to the ground or held by officers.

“When you use a tool like this on an incapacitated person, to me it certainly amounts to cruel and degrading treatment,” Melzer said.

Read the original Reuters investigation here https://www.reuters.com/investigates/special-report/usa-taser-jails/

The weapon’s manufacturer, Axon Enterprise Inc, said stun guns can help jailers and inmates avoid injuries when used properly. Axon issues guidance on proper use and warns of the risks associated with its weapons, but the company said it is up to local jail administrators to set their own policies on how and when the weapons are deployed.

“We do not condone torture of any kind,” Axon spokesman Steve Tuttle said in response to Melzer’s call for an investigation. “Our technology is designed to protect life and reduce harm to all parties involved during high risk, violent, and response-to-resistance situations.”

Melzer agreed Tasers “can be a justifiable tool for prison guards as an alternative to a gun to incapacitate a person who poses a threat.”

Melzer cited two of the 22 cases identified by Reuters to explain his belief that an investigation is warranted. One was the 2009 stunning of Martini Smith at the jail in Franklin County, Ohio. Previously unpublished video footage showed the Taser’s electrified darts striking the woman’s chest.

Smith, who was pregnant and lost her baby after being stunned, was one of nine inmates who filed a lawsuit against the county. Guards used Tasers at least 180 times from January 2008 to May 2010, often on prisoners posing “no threat,” the lawsuit contended.

In its own reviews, the sheriff’s office found no wrongdoing by guards and said the Taser use “did not constitute excessive force.”

“That looks like a case of torture,” Melzer said. “She was threatened she would be Tased if she didn’t comply with an order. It’s not that she physically resisted or would have been dangerous to the officer.”

The Smith footage was among dozens of videos Reuters examined of Taser incidents at the Ohio jail. Nineteen were featured in the Reuters video story. Melzer said they revealed “grave abuse.” No deputies at Franklin County have been charged.

The Franklin County Prosecutor’s office said the U.S. Department of Justice did not recommend criminal charges against jail officials when the DOJ intervened on behalf of inmates in the civil lawsuit stemming from the Taser incidents. The inmates’ lawyers also did not seek charges, it added.

Disability Rights Ohio, a nonprofit legal group representing the inmates in the class-action lawsuit against the Franklin County jail, however, said its role is not to seek charges.

“Disability Rights Ohio is not an enforcement agency and has no ability to pursue criminal investigations or charges,” said its director of advocacy, Kerstin Sjoberg-Witt.

Asked for comment, the DOJ said it was unable to immediately respond.

Melzer also cited footage Reuters obtained of deputies in a jail in Cheatham County, Tennessee, who repeatedly stunned 19-year-old Jordan Norris on November 5, 2016, while he was strapped to a restraint chair. That footage also was evidence of “torture,” Melzer said.

One deputy, Mark Bryant, was charged in September with four counts of aggravated assault and one count of official misconduct. Bryant has pleaded not guilty. Neither he nor his lawyers could be reached for comment.

Jens Modvig, chairman of the U.N. Committee against Torture, a panel of 10 independent experts, also said the incidents documented by Reuters represented “blatant abuse” that may violate laws. The United States, as a signatory to the U.N. Convention against Torture, is obligated to investigate the cases, he said.

“Once you introduce them,” Modvig said of stun guns, “it is difficult to avoid cases of misuse.”

(Szep reported from Washington. Additional reporting by Peter Eisler, Charles Levinson and Linda So. Editing by Ronnie Greene and Michael Williams.)

Venezuela systematically abused foes in 2017 protests: rights groups

Venezuela systematically abused foes in 2017 protests: rights groups

CARACAS (Reuters) – Venezuela “systematically” abused anti-government protesters this year, two rights groups said on Wednesday, including through beatings, firing tear gas canisters in closed areas and forcing detainees to eat food tainted with excrement.

Unpopular leftist President Nicolas Maduro faced four months of near-daily protests asking for early elections, humanitarian aid to combat food and medicine shortages, respect for the opposition-led congress, and freedom for jailed activists.

Demonstrators say heavy-handed National Guard soldiers clamped down on their right to protest, while Maduro says his administration faced a U.S.-backed “armed insurgency.”

More than 120 people died in the unrest, with victims including demonstrators, government supporters, security officials, and bystanders.

In a joint report, New York-based Human Rights Watch and Venezuela-based Penal Forum documented 88 cases between April and September, from excessive use of force during marches to protest against arbitrary detentions. Around 5,400 people were detained, with at least 757 prosecuted in military courts, the report said.

“The widespread vicious abuses against government opponents in Venezuela, including egregious cases of torture, and the absolute impunity for the attackers suggests government responsibility at the highest levels,” said Chilean lawyer Jose Miguel Vivanco, Americas director at Human Rights Watch.

Venezuela’s Information Ministry did not respond to a request for comment.

ELECTRIC SHOCKS, BEATINGS

In one case cited, intelligence agents allegedly hanged a 34-year-old government critic from the ceiling and gave him electric shocks as they interrogated him. The man, whose name was not revealed, was ultimately released and left Venezuela.

In another case, a 32-year-old detained during a protest in Carabobo state was allegedly beaten for hours by National Guard soldiers who also threatened to rape his daughter. He said officials also fired tear gas into his cell.

Others interviewed recounted being handcuffed to a metal bench, hit with sticks, and witnessing a man being raped with a broomstick. At least 15 detainees in Carabobo said officials forced them to eat human excrement mixed in with uncooked pasta.

The government failed to acknowledge such violations, the report said, adding that instead officials “often downplayed the abuses or issued implausible, blanket denials.”

Maduro’s government says Human Rights Watch is in league with a Washington-funded conspiracy to sabotage socialism in Latin America. Rights activists are in league with the opposition and compliant foreign media, officials say, and downplay opposition violence, including setting a man on fire during a demonstration and targeting police with explosives.

The two rights groups said there were cases of protesters hurling rocks and Molotov cocktails at security forces, but that abuses by authorities went far beyond attempts to quell unrest.

(Reporting by Leon Wietfeld; Writing by Alexandra Ulmer; Editing by Susan Thomas)

Chinese police detain teacher in kindergarten abuse inquiry

BEIJING (Reuters) – Beijing police investigating alleged child abuse at a kindergarten run by RYB Education Inc said on Saturday they had detained a teacher, in the latest scandal to hit China’s booming childcare industry.

Police in the Chaoyang district said it will further investigate claims of abuse after China’s official Xinhua news agency reported this week they were checking allegations that children at the nursery were “reportedly sexually molested, pierced by needles and given unidentified pills”.

Chaoyang district police said in an online posting on Saturday they had detained a 22-year-old teacher, surnamed Liu from the Hebei province adjacent to Beijing.

Police have also arrested another person, also surnamed Liu, for allegedly disrupting social order by spreading false information about the alleged kindergarten abuse, it said in a separate posting.

RYB’s New York-listed shares plunged 38.4 percent on Friday as the scandal sparked outrage among parents and the public.

The second woman, 31, and a Beijing native, was arrested on Thursday, police said.

Parents said their children, some as young as three, gave accounts of a naked adult male conducting purported “medical check-ups” on unclothed students, other media said.

RYB provides early education services in China and at the end of June was operating 80 kindergartens and had franchised an additional 175, covering 130 cities and towns in China.

Meanwhile, Beijing city authorities have urged RYB to remove the head of the kindergarten, Xinhua reported.

The Chaoyang district has launched an investigation into all childcare facilities in its area, the report said.

(Reporting by Shu Zhang and Josephine Mason; Editing by Christian Schmollinger and Clelia Oziel)

Hundreds join Hollywood #MeToo march against sexual abuse

People participate in a protest march for survivors of sexual assault and their supporters in Hollywood, Los Angeles, California U.S. November 12, 2017.

By Jane Ross and Laith Agha

LOS ANGELES (Reuters) – Hundreds of people marched in the heart of Hollywood on Sunday to support victims of sexual assault and harassment, inspired by a social media campaign that has portrayed such abuse as a pervasive feature of American life.

The #MeToo march and rally followed a relentless series of accusations by men and women who said they were victimized by high-powered figures in the entertainment industry. But marchers said they also represented men and women who had been sexually abused as children and in other situations.

“I’ve been sexually assaulted multiple times throughout my life,” said marcher Tara McNamarra, 21, of Los Angeles. “It’s affected me in every aspect of my life.”

She said the march was cleansing after years of not being taken seriously about having been abused.

Women made up a majority of the crowd, although men made a strong showing of support.

Steven Murphy, 51, of Los Angeles, said he regularly witnessed sexual harassment while working as an accountant in the healthcare industry.

“I’ve had personal experiences of friends, of co-workers who were harassed, and nothing ever came of it,” Murphy said. “They were made out to be the guilty ones. They were pressured and harassed by the company for speaking out against assault and sexual harassment in the workplace.”

The marchers started at the corner of Hollywood Boulevard and Highland Avenue, walking along the noted “Walk of Fame” until they reached the Los Angeles headquarters of news network CNN at Sunset and Cahuenga Boulevards.

Along the way, participants noted the stars of actors and producers accused of sexual harassment.

The allegations have inspired an online campaign, tagged #MeToo, that has encouraged men and women in all walks of life to reveal their own experiences with sexual harassment and assault, often years after they occurred.

Among the most recent allegations, five women detailed sexual misconduct accusations against Emmy-winning comedian Louis C.K. in The New York Times on Thursday. He admitted to the misconduct alleged against him in a statement on Friday and apologized for his actions.

More than 50 women have said that Hollywood producer Harvey Weinstein sexually harassed or assaulted them over the past three decades. Weinstein has denied having non-consensual sex with anyone. Reuters has been unable to independently confirm any of the allegations.

Earlier this month, actor Kevin Spacey apologized to actor Anthony Rapp, who had accused him of trying to seduce him in 1986 when Rapp was 14. Spacey’s representatives said later he was seeking treatment.

Eight current and former employees of the Netflix TV show “House of Cards,” who were not identified, also have accused Spacey, the star of the show, of sexual misconduct, CNN has reported.

 

 

(Additional reporting by Dan Whitcomb in Los Angeles and Sharon Bernstein in Sacramento, Calif.; Editing by Peter Cooney)

 

Philippines orders retraining, reassignment of 1,200 police after alleged abuses

Policemen from Caloocan Police District patrol a dimly lit alley at a residential district in Caloocan City Metro Manila Philippines, September 14, 2017. REUTERS/Erik De Castro

MANILA (Reuters) – The Philippine capital’s police chief ordered that the entire 1,200-member police force in one of Manila’s biggest areas be relieved of duty and retrained on Friday in response to a series of controversies, including the killing of two teenagers.

Metro Manila’s top officer Oscar Albayalde said all police personnel in the Caloocan area of the capital would undergo retraining and reorientation before being reassigned to other police units, not necessarily in Manila.

“We will start with the city’s police precincts 2 and 7,” Albayalde said. All personnel in Caloocan’s headquarters and seven precincts would be temporarily replaced by the regional public safety battalion, a combat-trained unit.

“This will be done in batches,” he said.

Albayalde did not say how long the retraining would last and how long it would take for the entire police force in Caloocan to be replaced.

It is the first time an entire city police unit has been relieved of its duties since President Rodrigo Duterte unleashed his bloody crackdown against illegal drugs 15 months ago, a campaign that has killed thousands of Filipinos.

The move comes amid intense scrutiny of police activities in Caloocan in the wake of the killing of 17-year old Kian Loyd Delos Santos last month in what police said was an anti-drugs operation.

His lawyers and family say he was murdered in cold blood. Three officers involved in his killing say he fired at them and they acted in self-defense.

Duterte, known for his frequent speeches that call for drug dealers to be killed, ordered a thorough investigation into the Delos Santos killing and warned police he would not tolerate abuses.

Another teenager, Carl Arnaiz, suffered a similar fate, accused of trying to rob a taxi driver and shooting at police who tried to arrest him. The taxi driver told reporters on Sunday he saw him alive in custody.

About two dozen Caloocan residents, holding placards saying “Stop the Killings”, held a noisy protest outside the precinct’s police headquarters. Dozens of police trainees stood in front and watched the protest.

Friday’s order came only a day after Philippine media reported members of the Caloocan precinct 4 raided an elderly woman’s home and reportedly stole money in an incident captured on closed circuit television cameras. Reuters could not confirm the report independently.

Activists accuse police of executing suspected users and dealers systematically during anti-drugs operations and say official reports that say victims violently resisted arrest are implausible, and contrary to witness accounts.

Police reject those allegations and Duterte has been furious at critics and political opponents who say he has a “kill policy”.

The video of the alleged robbery was uploaded on social media sites and went viral, which angered senior police generals. Albayalde immediately issued the orders to relieve the Caloocan precincts.

“From what we have seen this has been done or will continue to be done by others so it is best to implement this preemptive measure to avoid similar incidents,” Albayalde told reporters.

He warned other districts in Manila could face similar sanctions if they did not shape up.

 

(Reporting by Manuel Mogato; Editing by Martin Petty and Paul Tait)