Criminal – Page 13

April 10, 2019December 25, 2023

Cairo Declaration On So-Called “Human Rights”

https://www.youtube.com/watch?v=cYlrkC3bE20

CLICK HERE, for the text without bold or commentary.

STILL THINK ALL CULTURES ARE EQUAL?

ARTICLE 1: (a) All human beings form one family whose members are united by their subordination to Allah and descent from Adam. All men are equal in terms of basic human dignity and basic obligations and responsibilities, without any discrimination on the basis of race, colour, language, belief, sex, religion, political affiliation, social status or other considerations. The true religion is the guarantee for enhancing such dignity along the path to human integrity.
(b) All human beings are Allah’s subjects, and the most loved by Him are those who are most beneficial to His subjects, and no one has superiority over another except on the basis of piety and good deeds.

All people are united in that the must submit to Allah. Let’s be frank, there is no free will here.

ARTICLE 2: (a) Life is a God-given gift and the right to life is guaranteed to every human being. It is the duty of individuals, societies and states to safeguard this right against any violation, and it is prohibited to take away life except for a shari’ah prescribed reason.
(b) It is forbidden to resort to any means which could result in the genocidal annihilation of mankind.
(c) The preservation of human life throughout the term of time willed by Allah is a duty prescribed by Shari’ah.
(d) Safety from bodily harm is a guaranteed right. It is the duty of the state to safeguard it, and it is prohibited to breach it without a Shari’ah-prescribed reason.

Don’t kill or injure another person, unless it is for a Shari’ah reason, or at least you “claim” that it is for a Shari’ah reason.

ARTICLE 3: (a) In the event of the use of force and in case of armed conflict, it is not permissible to kill non-belligerents such as old men, women and children. The wounded and the sick shall have the right to medical treatment; and prisoners of war shall have the right to be fed, sheltered and clothed. It is prohibited to mutilate or dismember dead bodies. It is required to exchange prisoners of war and to arrange visits or reunions of families separated by circumstances of war.
(b) It is prohibited to cut down trees, to destroy crops or livestock, to destroy the enemy’s civilian buildings and installations by shelling, blasting or any other means.

This would be great, if in practice Muslims actually followed this.

ARTICLE 4: Every human being is entitled to human sanctity and the protection of one’s good name and honour during one’s life and after one’s death. The state and the society shall protect one’s body and burial place from desecration.

Your human dignity will be protected, but not your life.

ARTICLE 5: (a) The family is the foundation of society, and marriage is the basis of making a family. Men and women have the right to marriage, and no restrictions stemming from race, colour or nationality shall prevent them from exercising this right.
(b) The society and the State shall remove all obstacles to marriage and facilitate it, and shall protect the family and safeguard its welfare.

ARTICLE 6: (a) Woman is equal to man in human dignity, and has her own rights to enjoy as well as duties to perform, and has her own civil entity and financial independence, and the right to retain her name and lineage.
(b) The husband is responsible for the maintenance and welfare of the family.

Women and men are equal, but men are more equal.

ARTICLE 7: (a) As of the moment of birth, every child has rights due from the parents, the society and the state to be accorded proper nursing, education and material, hygienic and moral care. Both the fetus and the mother must be safeguarded and accorded special care.
(b) Parents and those in such like capacity have the right to choose the type of education they desire for their children, provided they take into consideration the interest and future of the children in accordance with ethical values and the principles of the Shari’ah.
(c) Both parents are entitled to certain rights from their children, and relatives are entitled to rights from their kin, in accordance with the tenets of the shari’ah.

Families have rights, but Shari’ah restricted.

ARTCLE 8: Every human being has the right to enjoy a legitimate eligibility with all its prerogatives and obligations in case such eligibility is lost or impaired, the person shall have the right to be represented by his/her guardian.

But only for Muslims.

ARTICLE 9: (a) The seeking of knowledge is an obligation and provision of education is the duty of the society and the State. The State shall ensure the availability of ways and means to acquire education and shall guarantee its diversity in the interest of the society so as to enable man to be acquainted with the religion of Islam and uncover the secrets of the Universe for the benefit of mankind.
(b) Every human being has a right to receive both religious and worldly education from the various institutions of teaching, education and guidance, including the family, the school, the university, the media, etc., and in such an integrated and balanced manner that would develop human personality, strengthen man’s faith in Allah and promote man’s respect to and defence of both rights and obligations.

ARTICLE 10: Islam is the religion of true unspoiled nature. It is prohibited to exercise any form of pressure on man or to exploit his poverty or ignorance in order to force him to change his religion to another religion or to atheism.

Except of course when you are forced to convert to Islam or die.

ARTICLE 11: (a) Human beings are born free, and no one has the right to enslave, humiliate, oppress or exploit them, and there can be no subjugation but to Allah the Almighty.
(b) Colonialism of all types being one of the most evil forms of enslavement is totally prohibited. Peoples suffering from colonialism have the full right to freedom and self-determination. It is the duty of all States peoples to support the struggle of colonized peoples for the liquidation of all forms of and occupation, and all States and peoples have the right to preserve their independent identity and econtrol over their wealth and natural resources.

Allah seems to be a pretty big exception here.

ARTICLE 12: Every man shall have the right, within the framework of the Shari’ah, to free movement and to select his place of residence whether within or outside his country and if persecuted, is entitled to seek asylum in another country. The country of refuge shall be obliged to provide protection to the asylum-seeker until his safety has been attained, unless asylum is motivated by committing an act regarded by the Shari’ah as a crime.

You have freedom, except when Shari’ah says you don’t.
Asylum will be granted, unless Shari’ah says to kill them.

ARTICLE 13: Work is a right guaranteed by the State and the Society for each person with capability to work. Everyone shall be free to choose the work that suits him best and which serves his interests as well as those of the society. The employee shall have the right to enjoy safety and security as well as all other social guarantees. He may not be assigned work beyond his capacity nor shall he be subjected to compulsion or exploited or harmed in any way. He shall be entitled – without any discrimination between males and females – to fair wages for his work without delay, as well as to the holidays allowances and promotions which he deserves. On his part, he shall be required to be dedicated and meticulous in his work. Should workers and employers disagree on any matter, the State shall intervene to settle the dispute and have the grievances redressed, the rights confirmed and justice enforced without bias.

Maybe feminists are onto something about that pesky pay-gap.

ARTICLE 14: Everyone shall have the right to earn a legitimate living without monopolization, deceit or causing harm to oneself or to others. Usury (riba) is explicitly prohibited.

This is actually a good one.

ARTICLE 15: (a) Everyone shall have the right to own property acquired in a legitimate way, and shall be entitled to the rights of ownership without prejudice to oneself, others or the society in general. Expropriation is not permissible except for requirements of public interest and upon payment of prompt and fair compensation.
(b) Confiscation and seizure of property is prohibited except for a necessity dictated by law.

And that law would be Shari’ah, or course.

ARTICLE 16: Everyone shall have the right to enjoy the fruits of his scientific, literary, artistic or technical labour of which he is the author; and he shall have the right to the protection of his moral and material interests stemming therefrom, provided it is not contrary to the principles of the Shari’ah.

You have the right to have your interests protected … except of course when Shari’ah says otherwise.

ARTICLE 17: (a) Everyone shall have the right to live in a clean environment, away from vice and moral corruption, that would favour a healthy ethical development of his person and it is incumbent upon the State and society in general to afford that right.
(b) Everyone shall have the right to medical and social care, and to all public amenities provided by society and the State within the limits of their available resources.
(c) The States shall ensure the right of the individual to a decent living that may enable him to meet his requirements and those of his dependents, including food, clothing, housing, education, medical care and all other basic needs.

Interesting. You have all these rights, but “right to live itself” is rather flexible.

ARTICLE 18: (a) Everyone shall have the right to live in security for himself, his religion, his dependents, his honour and his property.
(b) Everyone shall have the right to privacy in the conduct of his private affairs, in his home, among his family, with regard to his property and his relationships. It is not permitted to spy on him, to place him under surveillance or to besmirch his good name. The State shall protect him from arbitrary interference.
(c) A private residence is inviolable in all cases. It will not be entered without permission from its inhabitants or in any unlawful manner, nor shall it be demolished or confiscated and its dwellers evicted.

But only if that religion is Islam.

ARTICLE 19: (a) All individuals are equal before the law, without distinction between the ruler and the ruled.
(b) The right to resort to justice is guaranteed to everyone.
(c) Liability is in essence personal.
(d) There shall be no crime or punishment except as provided for in the Shari’ah.
(e) A defendant is innocent until his guilt is proven in a fast trial in which he shall be given all the guarantees of defence.

ARTICLE 20: It is not permitted without legitimate reason to arrest an individual, or restrict his freedom, to exile or to punish him. It is not permitted to subject him to physical or psychological torture or to any form of maltreatment, cruelty or indignity. Nor is it permitted to subject an individual to medical or scientific experiments without his consent or at the risk of his health or of his life. Nor is it permitted to promulgate emergency laws that would provide executive authority for such actions.

Doesn’t apply to non-muslims (aka Kafirs or infidels).

ARTICLE 21: Taking hostages under any form or for any purpose is expressly forbidden.

Note: this also doesn’t apply to kafirs, who may be ransomed.

ARTICLE 22: (a) Everyone shall have the right to express his opinion freely in such manner as would not be contrary to the principles of the Shari’ah.
1.. Everyone shall have the right to advocate what is right, and propagate what is good, and warn against what is wrong and evil according to the norms of Islamic Shari’ah.
(c) Information is a vital necessity to society. It may not be exploited or misused in such a way as may violate sanctities and the dignity of Prophets, undermine moral and ethical Values or disintegrate, corrupt or harm society or weaken its faith.
(d) It is not permitted to excite nationalistic or doctrinal hatred or to do anything that may be an incitement to any form or racial discrimination.

You have free speech, except with Shari’ah restrictions.

ARTICLE 23: (a) Authority is a trust; and abuse or malicious exploitation thereof is explicitly prohibited, in order to guarantee fundamental human rights.
(b) Everyone shall have the right to participate, directly or indirectly in the administration of his country’s public affairs. He shall also have the right to assume public office in accordance with the provisions of Shari’ah.

All “men” will have that right. And of course, all restricted by Shari’ah.

ARTICLE 24: All the rights and freedoms stipulated in this Declaration are subject to the Islamic Shari’ah.

Kind of figured that.

ARTICLE 25: The Islamic Shari’ah is the only source of reference for the explanation or clarification of any of the articles of this Declaration.

So, no liberal or egalitarian interpretations on any of this? Great?

March 30, 2019March 10, 2020

CBC Propaganda #15: Giving Free Drugs To Prison Inmates

1. Important Links

CLICK HERE, for the CBC article.
CLICK HERE, for CBC Propaganda Master List.
CLICK HERE, for a related CBC “safe injection” article review.
CLICK HERE, for the Controlled Drugs and Substances Act of Canada.
CLICK HERE, for an article from the Dalhousie Journal of Legal Studies.
CLICK HERE, for the 1991 Regulated Health Professionals Act.
CLICK HERE, for an interesting malpractice case.

2. Drug Injections To Reduce Harm

Correctional service ‘exploring’ new harm-reduction measure, union says Drumheller Institution a possible site.
.
Canada’s prisoner service is considering opening overdose prevention sites as it expands a needle-exchange program that is now offered at a fifth institution for offenders who inject smuggled drugs.
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In a statement, the Correctional Service of Canada says it “is in the early stages of exploring overdose prevention sites as another harm-reduction measure option for inmates.”

Let’s clear something up. Needle exchange is “already” operational, and at least 5 prisons have them. Apparently being complicit in drug use in prison is harm reduction.

And these “overdose prevention sites” are essentially free narcotics except with doctor supervision.

Proponents say Drumheller Institution in Alberta is being looked at as a potential site, which would allow offenders to use illicit drugs under medical supervision. The correctional service did not respond to inquiries to confirm that.
.
Jason Godin, president of the Union of Canadian Correctional Officers, said he has long lobbied for overdose prevention sites and that one has been proposed for Drumheller.
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“At the very least, let’s start opening up (the sites) so we can get away from the needle-in-the-cell thing,” he said, adding supervised drug use would involve health-care professionals at a particular area in a prison instead of guards having to deal with inmates injecting smuggled drugs in their cells.
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He said the needle-exchange program, which began last year, should be scrapped because nurses and doctors aren’t available at most institutions after 4 p.m. in case inmates overdose so sites dedicated to prevention make more sense, as long as they are adequately staffed.

The needle exchange program isn’t staffed properly, so let’s scrap it and start outright providing drugs directly to prisoners. This is harm reduction? And should prison staff be in the business of providing illicit drugs to inmates?

Wouldn’t this actually have the opposite effect of rehabilitation? Won’t people find it more advantageous to get arrested more in order to obtain free drugs?

I can sympathise with the guards wanting safer work atmosphere, but this might be a case of the cure being worse than the disease. And are taxpayers expected to foot the bill?

The correctional service said its needle-exchange program is aimed at preventing the spread of blood-borne diseases, such as HIV and hepatitis C, as well as skin infections from shared equipment as part of other harm-reduction measures including access to peer-support workers and the opioid substitution medications methadone and Suboxone.
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The Nova Institution for Women in Truro, N.S., implemented a prisoner needle-exchange program earlier this month after it was introduced last June at Grand Valley Institution for Women in Kitchener, Ont., and the Atlantic Institution in Renous, N.B.
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It was expanded to the Fraser Valley Institution for Women in Abbotsford, B.C., and the Edmonton Institution for Women this year.
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Godin said at least two security issues have been reported since the needle-exchange program was rolled out, one involving a missing needle and another when an inmate left his injection kit out with the cell door open, potentially allowing unauthorized access to the equipment that could have posed a danger to guards or others.

Oh, the cognitive dissonance here. Prison staff say that this is aimed at preventing the spread of diseases, yet admits that human error can very easily cause more people to be put in danger.

And again, why are the prisons aiding and abetting in drug use? Isn’t that … “ILLEGAL”? And as for these supervised injection sites, does illicit drug use become legal as long as a doctor writes a prescription?

“Inmates who participate in the (program) are required to keep their needle kit safely stored in their cells,” it said, adding a lost kit or one with unaccounted-for items as well as unauthorized use of equipment could result in an inmate being disciplined.
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The service said 13 inmates have been approved for the needle-exchange program at the five institutions but only five people are participating in the program because the remainder were either released or transferred to prisons that have not yet begun offering the service.
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Peter Brown, a former offender who served three federal sentences at various institutions in Eastern Canada between 1992 and 1999 for crimes including robbery, said a needle-exchange program as well as overdose prevention sites are essential behind bars because drug use is common.

This is absurd. If inmates and cells are routinely searched for safety and contraband measures, “why” would requiring selected inmates to have it in their cells be a good idea? They are criminals. Moreover, couldn’t anyone who knows about their status rob them at almost any time.

Drug use is common in prison? That is true, but “why” should the public be allowing and financing it?

Brown said he used bleach provided by the correctional service to repeatedly rinse his needles and syringes to try and avoid transmission of HIV and hepatitis C. The service said bleach is still distributed to inmates for that reason.
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Sandra Ka Hon Chu, director of research and advocacy for the Canadian HIV/AIDS Legal Network, said bleach is not as effective a method of avoiding transmission of blood-borne diseases as clean needles, which the group began lobbying for nearly two decades ago in keeping with similar programs in many European countries.

The staff is aware of the problem, and provides bleach, which can be extremely dangerous in the hands of drug addicted inmates. No concern for prison staff, just for the inmates shooting up.

Yes, drug use is often a problem among inmates. However, getting them treatment, and re-establishing something of a normal life would be much more beneficial to everyone in the long term.

As for the needle exchange, and the proposed “safe-injection” sites, shouldn’t the public have some say in the matter?

3. Canada’s Drug Act

Possession of substance
4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Marginal note:
Obtaining substance
(2) No person shall seek or obtain
(a) a substance included in Schedule I, II, III or IV, or
(b) an authorization to obtain a substance included in Schedule I, II, III or IV
from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.

Definition of medical emergency
4.1 (1) For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.

Marginal note:
Exemption — medical emergency
(2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

Marginal note:
Exemption — persons at the scene
(3) The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.

Marginal note:
Exemption — evidence
(4) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

Marginal note:
Deeming
(5) Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.
2017, c. 4, s. 2; 2018, c. 16, s. 195.1.
Previous Version

Possession, sale, etc., for use in production of or trafficking in substance
7.1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used
(a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or
(b) to traffic in a controlled substance.

Drug treatment court program
10(4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender
(a) to participate in a drug treatment court program approved by the Attorney General; or
(b) to attend a treatment program under subsection 720(2) of the Criminal Code.

Drug use not illegal if you obtain authorization
You won’t be charged with drug use for calling for medical aid
You won’t be charged if you call in for “another’s” drug use
You won’t be breaching:
- Pre-trial conditions
- Probation
- Parole
- A conditional sentence
- From calling in for emergency medical attention
Trafficking okay if legally authorised
Provisions exist to allow criminals to get treatment

Although the review might seem like a cold indifference to people with drug problems this is not the case. I want them to be treated and move on with their lives.

However, supplying drugs and drug paraphernalia is (in my view) a very bad way to handle the problem.

March 23, 2019May 4, 2022

Morgane Oger Foundation Wants To Be Another Doxxing Site

(Morgane Oger Foundation seems to be another Social Autopsy).

(A concise, but accurate review of “Social Autopsy”)

CLICK HERE, for the Morgane Oger Foundation.
CLICK HERE, for MOF information on hate crimes.
CLICK HERE, for the GlobalNews article on MOF’s agenda
CLICK HERE, for Federal Liberals contemplating censorship under the guise of “removing extremist content”.
CLICK HERE, for Proud Boys lawsuit against SPLC.
CLICK HERE, for SPLC’s so called “hate-map”

What is the Morgane Oger Foundation?

Our Work…

The Morgane Oger Foundation is a small volunteer-driven organization entirely run and funded by people who care about justice and inclusion, like you. We focus on opportunities to reduce prejudice-driven inequality in Canada a few projects at a time and pride ourselves with a 100% success rate to date. We are working on several initiatives where we feel we can best help change things for the better..

Sounds harmless and well meaning enough. Let’s see some details.

“An advocacy organization says it wants to map hatred and discrimination across Canada in a move that is prompting warnings of caution from one civil liberties group.

The Vancouver-based Morgane Oger Foundation has issued a call for volunteers to help build the Canadian Atlas of Populist Extremism, to be known as CAPE.

Founder Morgane Oger said the mapping tool would tie together extremist groups and people regularly associated with them, and also map incidents involving hate across Canada.

The idea is to shed light on how hatred is propagated, she said, while being mindful that allegations can’t be tossed out willy-nilly.

“We can’t say someone is a murderer unless they are in fact a murderer, but maybe it would be interesting to see it’s always the same dozen people who are doing anti-trans advocacy in the (B.C.) Interior or the white supremacy groups are working with each other,” said Oger, a former provincial NDP candidate and a member of the party’s executive.

1/ Okay, nice to know they won’t make false accusations of being a murderer unless the person actually is one. However, that is where the reasonableness seems to end.

2/ The examples cited are vague at best.
(a) So called trans activists seem to think “everything” is transphobia. Express any doubt about transgender children, or the never ending demands for accommodation, and you’re a bigot.
(b) Also what white supremacist groups? To left wing activists, anyone opposing open borders or forced multiculturalism is a white supremacist apparently.

3/Serious question: will create this “hate network” lead to innocent people being doxed for no other reason than you have different opinions? Seem very intolerant.

4/ A call for volunteers? What screening will be put in place to ensure that these people don’t have malintent and are actually capable of distinguishing what is hate?

Some Canadian Laws

Criminal harassment
264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Marginal note:
Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.

Definition
298 (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.
Marginal note:
Mode of expression
(2) A defamatory libel may be expressed directly or by insinuation or irony
(a) in words legibly marked on any substance; or
(b) by any object signifying a defamatory libel otherwise than by words.

Just a few laws this group might want to know if they are serious about starting up this “database”.

Here are 2 prior examples of doxxing gone wrong

(1) Southern Poverty Law Center

The Southern Poverty Law Center in the United States has a “hate map,” which lists 1,020 groups. They include 51 Ku Klux Klan chapters, 49 anti-LGBT groups, 11 radical traditional Catholic groups and a combined 412 black and white nationalist groups.
The centre doesn’t list individuals, only organizations, and uses a similar definition to the FBI for them. The law centre defines a hate group as “an organization that – based on its official statements or principles, the statements of its leaders, or its activities – has beliefs or practices that attack or malign an entire class of people, typically for their immutable characteristics.”

(2) Candice Owens and “Social Autopsy”

Prior to getting a media makeover and coming out as a conservative, Candice Owens launched a website called “social autopsy”. This was billed as an anti-bullying database. But it relied on people making personal complaints and sending personal information on others. See above videos.

Does Morgane Oger Foundation Want To Be Like That?

The Southern Poverty Law Center (SPLC), and Social Autopsy are just 2 of the more well known examples of attempts to dox people they disagree with.

Bad ideas should be countered with good ideas. They shouldn’t be doxxed, threatened, or otherwise bullied.

March 21, 2019June 11, 2024

Florida Judge Rules Using Fake Documents To Get Driver’s License Isn’t Illegal

CLICK HERE, for text of the ruling.
CLICK HERE, for media on the subject.

“BETH BLOOM UNITED STATES DISTRICT JUDGE

ORDER DENYING MOTION FOR RECONSIDERATION

THIS CAUSE is before the Court on the Government’s Motion for Reconsideration of Dismissal Order (“Motion”), ECF No. [53]. The Court has considered the Motion, the Defendant’s Response in Opposition, ECF No. [54], and is otherwise fully advised. For the following reasons, the Motion is denied.

The Government asks the Court to reconsider its ruling dismissing the Superseding Indictment against the Defendant. The Federal Rules of Criminal Procedure do not provide for motions for reconsideration. In ruling on a motion for reconsideration in a criminal case, federal district courts apply civil standards and exercise substantial discretion. See United States v. Sabooni, No. 09-20298-CR, 2014 WL 4385446, at *1 (S.D. Fla. Sept. 4, 2014) (Seitz, J.) (citing United States v. Pugh, 426 F. App’x 876, 876 (11th Cir. 2011)). “The only grounds for granting a motion for reconsideration are newly-discovered evidence or manifest errors of law or fact.” Smith v. Ocwen Fin., 488 F. App’x 426, 428 (11th Cir. 2012) (citing Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007)). “A motion for reconsideration should not simply rehash previously litigated issues[.]” United States v. Russo, No. 11-6337-RSR, 2011 WL 3044844, at *1 (S.D. Fla. July 25, 2011) (Rosenbaum, J.); see also Smith, 488 F. App’x at 428 (“A motion for reconsideration cannot be used to relitigate old matters, raise arguments, or present evidence that could have been raised prior to the entry of judgment” (citing Arthur, 500 F.3d at 1343))).
In its Motion, the Government rehashes essentially the same arguments raised in its Response to the Defendant’s Motion for Dismissal, during argument at calendar call, and in its Response to Defendant’s Supplemental Memorandum. The Government disagrees with the Court’s conclusion that the Government has failed to identify any federal statute or regulation prescribing an Order of Supervision as evidence of authorized stay in the United States. Yet the Government fails to point to any new facts or law, demonstrate clear error or manifest injustice, or identify any federal statute or regulation that would require the Court to change its prior finding. Simply put, the Government’s arguments amount to “mere disagreement” with the Court and do not warrant reconsideration. See Linet Inc. v. Village of Wellington, Florida, 408 F.3d 757, 763 (11th Cir. 2015) (affirming denial of reconsideration where plaintiff merely “disagreed with the district court’s treatment of certain facts and its legal conclusions” in the earlier order under review); see also Roggio v. United States, No. 11-22847-CIV, 2013 WL 11320226, at *1 (S.D. Fla. July 30, 2013) (Goodman, J.).

It appears the Government argues that evidence of authorized employment in the United States necessarily equates to evidence of authorized stay in the United States. However, this argument is not persuasive because Section 1546(a) clearly delineates documents evidencing “authorized stay” and documents evidencing “authorized employment” as two distinct forms of authorization. By equating these two forms of authorization, the Government’s interpretation of Section 1546(a) necessarily renders the words “or [authorized] employment” superfluous. See In Re Walter Energy, Inc., 911 F.3d 1121 (11th Cir. 2018) (“[W]e generally construe a statute so that ‘no clause, sentence, or word’ is rendered superfluous, void, or insignificant.” (quoting TRW Inc. v. Andrews, 534 U.S. 19 (2001))). While the Court agrees with the Government that, when amending Section 1546(a) in 1986, Congress intended to broaden the types of documents encompassed by Section 1546(a) beyond those “required for entry into the United States,” see ECF No. , the Government’s Superseding Indictment did not provide the Defendant notice of any intent to prove that an Order of Supervision is “prescribed by statute or regulation… as evidence of authorized… employment in the United States,” ECF No. [22].

Accordingly, it is
ORDERED AND ADJUDGED that the Government’s Motion for Reconsideration of Dismissal Order, ECF No. [53], is DENIED.

DONE AND ORDERED in Chambers at Miami, Florida, this 7th day of March, 2019.

This is absurd. The driver’s license was obtained under false pretenses. Shrugging this off as “procedural” is setting a dangerous precedent. It will be interesting to see if this is appealed.

Hopefully either it is overturned, or the State Congress will enact legislation to prevent this from happening again.

March 21, 2019November 15, 2021

UN Issues “Human Rights Compliant Guidance” For Treating Returning Terrorists

(1) https://www.un.org/sc/ctc/wp-content/uploads/2018/08/Human-Rights-Responses-to-Foreign-Fighters-web-final.pdf
(2) UNCHR Human Rights Responses to Foreign Fighters or Terrorists
(3) https://www.un.org/sc/ctc/wp-content/uploads/2016/09/FTF-Report-1-3_English.pdf
(4) https://www.osce.org/files/f/documents/4/7/393503_2.pdf
(5) OSCE Guidelines for Addressing the Foreign Terrorists Fighters
(6) https://stepstojustice.ca/steps/1-understand-grounds-detention

“Guidance to States on human rights-compliant responses to the threat posed by foreign fighters”

That title is a direct quote. The UN promotes “human rights-compliant responses” to terrorists who have left their country to take up arms against them, commit atrocities, then expect to be welcomed back.

” In June 2014, it was estimated that up to 12,000 people from more than 80 countries had travelled to Iraq and the Syrian Arab Republic to join groups such as the Al-Nusrah Front and the Islamic State in Iraq and the Levant (ISIL). In September 2015, that number was thought to have grown to almost 30,000 from more than 100 countries. By August 2017, the flow of people to Iraq and the Syrian Arab Republic had diminished dramatically in light of the military efforts against ISIL. In October 2017 it was estimated that over 40,000 people from more than 110 countries had joined ISIL, and that at least 5,600 of them had returned home.”

1/ In 2014, 12,000 people across 80 countries travelled to Iraq and Syria.
2/ In 2015, that number thought to be 30,000.
3/ In 2017, thought to be 40,000.
4/ At least 5,600 thought to have returned home.
How is this not a crisis?

“2. There is no clear profile for foreign terrorist fighters. Some are motivated by extremist ideology, while others appear more driven by alienation and boredom. Motivation may also change over time. Motivational factors may also include the desire to belong to a group or to gain peer acceptance; kinship, nationalism or patriotism; and humanitarian reasons, namely to protect the local population. Financial or material gain may also be a factor. The Global Counter-Terrorism Strategy points to prolonged unresolved conflicts, dehumanization of victims of terrorism in all its forms and manifestations, lack of the rule of law and violations of human rights, ethnic, national and religious discrimination, political exclusion, socio-economic marginalization and lack of good governance conditions among the conditions conducive to the spread of terrorism”

This seems deliberately designed to avoid the obvious: above, 12,000-40,000 people were thought to have joined ISIS. You know what motivates them? ISLAM. This UN report dances around that point, and implies that any form of unhappiness or social exclusion leads to people joining.

“3. The movement of people for the purposes of joining and supporting terrorist groups as well as their return to their countries of origin poses serious challenges to States in their efforts to prevent acts of terrorism. It is crucial that States adopt comprehensive long-term responses that deal with this threat and manage the return of fighters, and that in doing so they comply with their obligations under international human rights law. States have an obligation to protect the lives of individuals subject to their jurisdiction, and this includes the adoption of effective measures to counter the threat posed by foreign fighters. However, in its 2016 review of the Global Counter- Terrorism Strategy, the General Assembly expressed serious concern at the occurrence of violations of human rights and fundamental freedoms committed in the context of countering terrorism and stressed that, when counter-terrorism efforts neglected the rule of law and violated international law, they not only betrayed the values they sought to uphold, but they might also further fuel violent extremism that could be conducive to terrorism.”

That’s right. The UN expects host nations to “manage” the return of foreign fighters, who — to be frank — are overwhelmingly muslim. Nations have an obligation to ensure that “their” human rights are not violated in any way.

Curious to know: how does punishing them “further fuel violent extremism”? They are already violent, and anyone looking to join ISIS is a radical anyway.

“5. In resolution 2178 (2014), the Security Council underscored that respect for human rights, fundamental freedoms and the rule of law are complementary and mutually reinforcing with effective counter-terrorism measures, and are an essential part of a successful counter-terrorism effort. It noted the importance of respect for the rule of law so as to effectively prevent and combat terrorism, and that failure to comply with these and other international obligations, including under the Charter of the United Nations, is one of the factors contributing to increased radicalization and fosters a sense of impunity. The Counter-Terrorism Committee has noted the importance, as States revise legislation and policy to stem the flow of foreign terrorist fighters, to recognize that the protection of human rights and the rule of law contribute to the countering of terrorism. Arbitrary arrests, incommunicado detentions, torture and unfair trials fuel a sense of injustice and may in turn encourage terrorist recruitment, including of foreign terrorist fighters”

This is asinine. Somehow, if nations were nice and tolerant to returning terrorists, and ensured they have all the human rights they rejected…. then people won’t turn to terrorism. Perhaps there is a flow of terrorists because host countries are weak. Something to consider.

“7. In December 2017, the Security Council adopted resolution 2396 (2017), building on resolution 2178 (2014) and providing greater focus on measures to address returning and relocating foreign terrorist fighters and their families, and requiring States to strengthen their efforts in border security, information-sharing, and criminal justice. In order to protect public order and safety in the countries to which foreign terrorist fighters return or relocate, resolution 2396 (2017) sets out additional measures beyond those in resolution 2178 (2014), which may raise concerns from a human rights perspective”

Interesting. Not only do we have obligations to terrorists, but to their families as well.

” The document then analyses the gender aspects and the situation of children affected by or involved in foreign fighter activities and provides guidance on how to ensure information exchange, data collection and analysis in conformity with human rights. The document then addresses criminal justice measures, including the definition of terrorism; prosecution, fair trial and due process rights; rehabilitation and reintegration of returnees; and special laws, sunset clauses and review mechanisms. Finally, the document provides guidance on the right to an effective remedy for those whose rights have been violated and on preventing and countering violent extremism and incitement.”

Wouldn’t be the UN without a few gender references.

You read that right: rehabilitation and reintegration of returnees.

“11. Any measures undertaken to implement resolutions 2178 (2014), 2396 (2017) or other Security Council resolutions must comply with general human rights principles grounded in treaty law and customary law. This means that any measures which may limit or restrict human rights must be prescribed by law, be necessary, proportionate to the pursuance of legitimate aims and non-discriminatory. They should also be procedurally fair and offer the opportunity of legal review.“

What do you consider reasonable then? Is leaving to go join ISIS not a valid reason for the host country to fear for the safety of its citizens, should you return? As far as legal process goes: how does one investigate in a war zone across the world?

“13. In a limited set of circumstances, States may also take measures to temporarily derogate from certain international human rights law provisions. As noted by the Human Rights Committee, measures derogating from the provisions of the International Covenant on Civil and Political Rights must be of an exceptional and temporary nature. Two fundamental conditions must be met: the situation must amount to a public emergency which threatens the life of the nation; and the State party must have officially proclaimed a state of emergency. The obligation to limit any derogations to those strictly required by the exigencies of the situation reflects the principle of proportionality which is common to derogation and limitation powers.”

Okay, from your criteria: #1 is met. These fighters are a threat to the public.
As for #2, “why” must a public declaration be made?

14. The 1951 Convention relating to the Status of Refugees and its 1967 Protocol, along with regional refugee instruments,22 are the core legal instruments of the international refugee regime, complemented by customary international law and international human rights law. These instruments define the term “refugee” and establish an international framework for the protection of refugees

These people are not refugees. UN is deliberately obfuscating here. They are terrorists, who “chose” to leave their country.

“16. International humanitarian law is also known as the law of war or the law of armed conflict and is applicable to both situations of international or non-international armed conflicts. These rules are enshrined in the four Geneva Conventions and their Additional Protocols, as well as in customary rules of international humanitarian law. International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons, civilians, who are not or are no longer participating in the hostilities as well as fighters hors de combat and restricts the means and methods of warfare.“

This is not an official war. People can’t just leave their country, join a foreign army, then expect to return afterwards. They have committed treason. It’s idiotic to claim that humanitarian law would apply to these people.

“18. States have used different measures, whether legislative, administrative or operational, to prevent the departure of foreign fighters to conflict areas as well as to prevent their return. These could include travel bans, the seizure, retention, withdrawal and non-renewal of passports or identity cards, the stripping of citizenship, restrictions on travel or entry to territory and various types of house arrests or preventive detention. All of these measures have a serious impact on a number of fundamental human rights, including the rights to personal liberty and freedom of movement. They also raise a number of serious due process concerns if, for example, decisions are taken following secretive proceedings, in absentia or on the basis of vaguely defined criteria without adequate safeguards to prevent statelessness.“

Here’s the thing: very few people would actually care if any terrorists were left stateless as a result. If you leave to take up arms against a nation or it’s allies, you are a TRAITOR. You have forfeited your rights to be a citizen.

“21. The right to life, liberty and security of person is fundamental in international human rights law. It is the first substantive right protected by the Universal Declaration of Human Rights. Deprivation of liberty involves a more severe restriction on motion than merely interfering with freedom of movement. Examples of deprivation of liberty include arrest, imprisonment, house arrest, administrative detention and involuntary transportation, but may also include the cumulative effects of multiple restrictions on freedom of movement when, taken together, they would amount to a de facto deprivation of liberty. International human rights law protects against such deprivation of liberty, except on grounds of and in accordance with procedures established by law. But, even assuming that a deprivation of liberty is lawful, international human rights law also absolutely prohibits any deprivation of liberty that is arbitrary. The prohibition of arbitrary detention is non-derogable and must be understood to incorporate elements of “inappropriateness, injustice, lack of predictability and due process of law as well as elements of reasonableness, necessity and proportionality”. The right to life is non-derogable, and the Human Rights Committee has stated that the fundamental guarantee against arbitrary detention is also non-derogable insofar as even situations that allow for derogations in accordance with article 4 of the International Covenant on Civil and Political Rights cannot justify a deprivation of liberty that is unreasonable or unnecessary under the circumstances.”

It would be nice if the UN at some point starts listing rights and protections that society should have.

I’ll stop it here, but it goes on about ensuring that foreign fighters and terrorists have their human rights met. Ironic, since this group would never extend human rights or life to others.

Noticeably absent is any concern for the populations of these countries. Returning terrorists will pose a risk to the public, most likely for life. However, the UN talks about “managing” those risks.

Canadian Criminal Code:

Purpose and Principles of Sentencing
Marginal note:
Purpose
718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:
(a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;
(b) to deter the offender and other persons from committing offences;
(c) to separate offenders from society, where necessary;
(d) to assist in rehabilitating offenders;
(e) to provide reparations for harm done to victims or to the community; and
(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.

I think that terrorism would certainly qualify under the first 3 criteria. We must (a) denounce the conduct; (b) deter the offender, and others, and (c) separate the offender from society. The other 3 are of much less concern.

Grounds to Deny Bail

The Crown considers 3 grounds of detention:
Primary – You may not go to court when required.
Secondary – You may commit another crime, or the public may not be safe while you’re out on bail.
Tertiary – Because of the circumstances of your offence, the public might feel that the justice system is not working if you’re let out of custody.

Terrorists would qualify on all 3 grounds.

Regardless, the overwhelming majority of the public does not want these people coming back. Not now, not ever.

March 12, 2019February 25, 2022