October, 29 2008, 01:28pm EDT
Haitian Death Squad Leader Toto Constant Sentenced to 12-37 Years in New York State Prison for Mortgage Fraud
NEW YORK
Yesterday, Judge Abraham Gerges handed down a stiff sentence for
Haitian former death squad leader Emanuel "Toto" Constant who was found
guilty on all counts of grand larceny and mortgage fraud this summer.
Constant is to serve 12.3 to 37 years for his crimes against the people
of New York. Center for Constitutional Rights (CCR) Senior Attorney Jennie Green issued the following statement in response:
"We are glad that Toto Constant will finally serve time for
some of his crimes. The sentence was far greater than the minimum plea
bargain initially offered, and we are pleased the judge took Constant's
crimes against the people of Haiti into account.
"One day, when the Haitian government and courts are in the
position to hold him accountable, Constant will return to Haiti to be
tried for murder, rape and other torture in his campaign of terror as
head of a paramilitary death squad. Until that time, we strongly urge
the U.S. not to deport him until Haiti has a judicial system in place
capable of trying him and a prison system capable of holding him."
Pamela Merchant, Executive Director of the Center for Justice and Accountability (CJA), said:
"The severity of this sentence is a significant victory for
the thousands of people who were terrorized by Constant's death squads
in Haiti. It is also an example of how local law enforcement and the
human rights community can work together to deny safe haven to human
rights abusers. Our allies in Haiti seek some comfort in the knowledge
that Constant will remain in a New York prison for many years and
unable to cause further harm."
CCR and co-counsel the Center for Justice and Accountability (CJA) won
a $19 million judgment for Constant's victims in 2004. The Center for
Constitutional Rights (CCR) collected hundreds of letters asking the
judge to take into account Constant's history in Haiti in determining
the sentence.
Of note, Judge Abraham Gerges wrote in his sentencing:
"Given the uncertaintly of the political situation in Haiti
and the very real chance that defendant may be able to evade justice
due to the instability in the Haitian judicial system, it is this
court's hope that defendant remain in New York State for the full term
of incarceration, although it is apparent that the federal authorities
may move to deport him shortly."
According to the U.S. State Department's own reports, as the leader of
the paramilitary group, Front for the Advancement and Progress of Haiti
(FRAPH), Constant was responsible for murder, rape, and other torture
of thousands of Haitians in the early 1990's.
Constant fled Haiti to the U.S. in 1994 when a Haitian court issued a
warrant for his arrest. From 1996 until his arrest here for mortgage
fraud in 2006, Constant lived freely in Queens, despite international
outcry and extradition requests from Haiti for his crimes against
humanity.
In 2004 CCR and CJA filed a federal suit against Constant on behalf of
three women who survived FRAPH's campaign of violence against women.
The court found Constant liable for torture, including rape; attempted
extrajudicial killing; and crimes against humanity, and he was ordered
to pay $19 million in damages. Nevertheless, Constant has continued to
deny culpability and refuses to comply with the order. In late July
2008, a U.S. federal court rejected attempts by Constant to have a 2004
case against him dismissed and the $19 million judgment for victims
revoked.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
(212) 614-6464LATEST NEWS
Amid Spying Fight, House Passes Fourth Amendment Is Not For Sale Act
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," said one advocate.
Apr 17, 2024
While applauding the U.S. House of Representatives' bipartisan passage of a bill to ensure that "law enforcement and intelligence agencies can't do an end-run around the Constitution by buying information from data brokers" on Wednesday, privacy advocates highlighted that Congress is trying to extend and expand a long-abused government spying program.
The House voted 219-199 for Fourth Amendment Is Not For Sale Act (FANFSA), which won support from 96 Democrats and 123 Republicans, including the lead sponsor, Rep. Warren Davidson (R-Ohio). Named for the constitutional amendment that protects against unreasonable searches and seizures, H.R. 4639 would close what campaigners call the data broker loophole.
"The privacy violations that flow from law enforcement entities circumventing the Fourth Amendment undermine civil liberties, free expression, and our ability to control what happens to our data," said Free Press Action policy counsel Jenna Ruddock. "These impacts affect everyone who uses digital platforms that extract our personal information any time we open a browser or visit social media and other websites—even when we go to events like demonstrations and other places with our phones revealing our locations."
"We're grateful that the House passed these vital and popular protections," she added. "The bill would prevent flagrant abuses of our privacy by government authorities in league with unscrupulous third-party data brokers. Making this legislation into law with Senate passage too would be a decisive and long-overdue action against government misuse of this clandestine business sector that traffics in our personal data for profit."
Wednesday's vote followed the House sending the Reforming Intelligence and Securing America Act to the Senate. H.R. 7888 would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless spying on noncitizens abroad but also sweeps up Americans' data.
The House notably included an amendment forcing a wide range of individuals and businesses to cooperate with government spying operations but rejected an amendment that would have added a warrant requirement to the bill, which the Senate could vote on as soon as Thursday.
Noting those decisions on the FISA reauthorization legislation, Ruddock stressed that "today's vote is a victory but follows a recent loss and ongoing threat as that Section 702 bill moves to the Senate this week too."
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," she argued. "That means passing FANFSA and reforming Section 702 authority—and prioritizing everyone's First and Fourth Amendment rights."
Jeramie Scott, senior counsel and director of the Electronic Privacy Information Center's Project on Surveillance Oversight, also praised the House's FANFSA passage on Wednesday.
"The passage of the Fourth Amendment Is Not For Sale underscores the extent to which reining in abusive warrantless surveillance is a bipartisan issue," Scott said. "We urge the Senate to take up this measure and close the data broker loophole."
Kia Hamadanchy, senior policy counsel at ACLU, similarly said Wednesday that "the bipartisan passage of this bill is a flashing warning sign to the government that if it wants our data, it must get a warrant."
Hamadanchy added that "we hope this vote puts a fire under the Senate to protect their constituents and rein in the government's warrantless surveillance of Americans, once and for all."
Sen. Ron Wyden (D-Ore.), a critic of the pending 702 bill and FANFSA's lead sponsor in the upper chamber, called the the House's Wednesday vote "a huge win for privacy" and said that "now it's time for the Senate to follow suit."
Keep ReadingShow Less
Leaked Cables Show Biden Pressuring Nations to Oppose Palestine's UN Membership
"This is the evidence that President Biden's talk about a two-state solution is nothing but idle talk," said one former Lebanese diplomat.
Apr 17, 2024
As the United Nations Security Council prepares to vote Thursday on Palestine's bid to become a full U.N. member, the Biden administration—which claims to support Palestinian statehood—is lobbying UNSC nations in an effort to wrangle enough "no" votes so that the United States can avoid resorting to a veto.
Leaked cables obtained by The Intercept show U.S. pressure on Security Council members including Malta—which currently presides over the body—and Ecuador.
While claiming that President Joe Biden backs "Palestinian aspirations for statehood," one of the cables asserts that "it remains the U.S. view that the most expeditious path toward a political horizon for the Palestinian people is in the context of a normalization agreement between Israel and its neighbors."
"We therefore urge you not to support any potential Security Council resolution recommending the admission of 'Palestine' as a U.N. member state, should such a resolution be presented to the Security Council for a decision in the coming days and weeks," the document advises.
The U.S. argument essentially is that the U.N. should not create an independent Palestinian state by fiat—even though that's precisely how the world body voted in 1947 to establish the modern state of Israel.
The renewed push for Palestine's U.N. membership comes as Israel wages a genocidal war on the Gaza Strip. The Palestinian Authority, which hasn't controlled Gaza for nearly two decades, rejected the Biden administration's requests to hold off on seeking full membership.
"We wanted the U.S. to provide a substantive alternative to U.N. recognition. They didn't," one unnamed Palestinian official toldAxios on Wednesday. "We believe full membership in the U.N. for Palestine is way overdue. We have waited more than 12 years since our initial request."
As The Intercept's Ken Klippenstein and Daniel Boguslaw noted:
Since 2011, the U.N. Security Council has rejected the Palestinian Authority's request for full member status. On April 2, the Palestinian Observer Mission to the U.N. requested that the council once again take up consideration of its membership application. According to the first State Department cable, U.N. meetings since the beginning of April suggest that Algeria, China, Guyana, Mozambique, Russia, Slovenia, Sierra Leone, and Malta support granting Palestine full membership to the U.N. It also says that France, Japan, and Korea are undecided, while the United Kingdom will likely abstain from a vote.
Along with the United States, China, France, Russia, and the United Kingdom are permanent members of the UNSC, so they also have veto power.
Ahead of Thursday's planned vote, Spain has been doing its own lobbying in Europe to build greater support for Palestinian statehood. At a joint Tuesday press conference with Spanish Prime Minister Pedro Sánchez, Slovenian Prime Minister Robert Golob said the question is "when, not if, but when is the best moment to recognize Palestine."
Belgium—which is seeking economic sanctions against Israel in response to its genocidal war on Gaza—is expected to join Spain's push for Palestinian statehood after the country's European Union presidency expires in June.
Currently, 139 of the U.N.'s 193 member states recognize Palestine as an independent state.
Israeli Prime Minister Benjamin Netanyahu—who has also claimed to support a so-called "two-state solution"—has alternately boasted about thwarting Palestinian statehood.
Critics pointed to the leaked cables as more proof of U.S. duplicity and double standards on the Israel-Palestine issue.
"This is the evidence that President Biden's talk about a two-state solution is nothing but idle talk," Massoud Maalouf, a former Lebanese ambassador to Canada, Chile, and Poland, said on social media.
Keep ReadingShow Less
Database Exposes 'Illicit Network Undermining Democracy Around the World'
Yanis Varoufakis hailed the effort as "a treasure chest of well-researched reports on how the reactionaries of the world unite."
Apr 17, 2024
"Coups. Assassinations. Riots. Detentions. Disinformation. We know the tactics that have been deployed to undermine our democracies. But who is behind them?"
Progressive International (PI) asks and answers this and other questions with an extensive new database published Wednesday that connects the dots in what the leftist group calls the "Reactionary International"—a loose global network of right-wing leaders and organizations working to subvert democratic institutions.
PI calls it an "illicit network undermining democracy around the world."
"Today is a mask-off moment for the Reactionary International and the parties, politicians, judges, journalists, foundations, think tanks, tech platforms, NGOs, activists, financiers, and entrepreneurs that comprise it," PI said.
"After a year of preparation, we finally open the doors to our new research consortium, exposing the global network of reactionary forces that corrode our democracies, destroy our planet, and drive us closer to world war," the group added.
"The twin insurrections at the U.S. Capitol in 2021 and BrasÃlia's Three Powers Plaza in 2023 left no doubt about the international coordination of reactionary forces," PI argued. "Yet far too little is known about the entities of this network, their sources of financing, and their institutional allies operating inside our political systems."
Ultimately, PI aims to "support democratic systems to become more resilient to their insidious tactics."
From leaders like Hungarian Prime Minister Viktor Orbán, Indian Prime Minister Narendra Modi, and former U.S. President Donald Trump—the presumptive 2024 Republican presidential nominee—to evangelical Christian groups influencing laws in African countries criminalizing LGBTQ+ people and tech companies empowering ubiquitous state surveillance, Reactionary International is a who's-who of the world's right-wing forces.
A cursory search of the database's contents shows users can:
- Learn about Israel's NSO, Rayzone, and Team Jorge, and how a team of Tel Aviv tech entrepreneurs fuel unrest in Latin America;
- Meet the Grey Wolves, Turkey's roving death squad with links to President Recep Tayyip ErdoÄŸan and the ethno-nationalists in his governing coalition; and
- Explore the global network of the Falun Gong, its Trump-connected media outlet The Epoch Times, and its traveling dance troupe known as Shen Yun.
Yanis Varoufakis, a PI member and secretary-general of the left-wing Democracy in Europe Movement 2025, called the database "a treasure chest of well-researched reports on how the reactionaries of the world unite."
PI invites the public to contribute to the database.
"Together, we will not only name, shame, and expose the forces of the far right—but also dismantle their network of complicity," the group said.
Keep ReadingShow Less
Most Popular