Saturday, October 17, 2020

Amphibious assault vehicles that sink are 'death traps' for the troops inside, Marine veterans say after fatal accident

ACCIDENTS ARE PREVENTABLE INCIDENTS

Ryan Pickrell
  
Assault amphibious vehicles are rough rides in choppy seas, especially for the troops riding in the back. Marine Corps photo by Cpl. Adam Dublinske

Nine service members died this summer when a Marine Corps amphibious assault vehicle sank off the coast of California during a training exercise. It was the deadliest training accident in the vehicle's decades-long history.

 

The Corps is investigating why the AAV sank and why so many troops lost their lives when it did. Though the investigation is still ongoing, the commanding officer of the unit involved has been relieved of his command.

 

Marine veterans told Insider that it can be extremely difficult to get everyone out of a rapidly sinking vehicle because the vehicles are sometimes overcrowded and the escape routes are not always reliable.

 

When the vehicle goes under, Marines in full gear brace themselves as the AAV fills with water. When the vehicle steadies, they open the hatches and swim to the surface on only the air in their lungs, shedding their gear when they can, a current Marine involved in egress training explained.

 

Any hitch in that process, such as an escape hatch that won't open or a stuck Marine, could be disastrous. One Marine veteran said that the heavy tracked amphibious vehicles are "death traps."

 

The Corps has suspended all AAV waterborne operations until the investigation concludes and declined to comment on whether it believes AAVs are currently safe.



A sinking Marine Corps amphibious assault vehicle is a "death trap" because of how hard it can be to get everyone out alive, Marine veterans told Insider after a deadly incident this summer.

Several former Marines said that the ways the aging AAVs are designed and operated make it "tough" to get a full load of Marines out in a crisis. If it sinks, troops in heavy combat gear have to hold their breath and climb out of a flooded vehicle through narrow, hard-to-open hatches. The escape plans for the often overcrowded vehicles appear problematic at best and at worst, disasters waiting to happen.

AAVs rarely sink and fatal mishaps are uncommon for the 26-ton tracked vehicles made to move Marines from warships at sea to shore under fire, but tragedy struck in late July when an amphibious vehicle sank rapidly to a depth of 385 feet off the coast of southern California during a training exercise.

The Marine Corps says that its AAVs can hold roughly two dozen troops, but they look like they could only reasonably hold about half that. The vehicle that sank in July was pretty packed, carrying 16 service members at the time of the accident.

Eight Marines and a Navy sailor died. Most appear to have never made it out of the drowning vehicle. The incident was the deadliest training accident in the history of the Corps' amphibious assault vehicles.

The tragedy shook the Corp's confidence in its AAVs, with the commandant suspending waterborne operations pending the outcome of an ongoing investigation. The Corps also fired the commander of the unit involved in the accident.

"Until the investigation is complete, we don't know if the causal factors were related to the vehicle, the procedures, the training, the environment, or some combination of these," the Corps told Insider, declining to comment on whether or not it believes its AAVs are safe.

What exactly happened to the AAV that sank this summer is still unclear, but what is clear is that a sinking AAV is dangerous, and in some cases, deadly.
  
Marines board an amphibious assault vehicle. US Army National Guard photo by Cpl. Katharine Silent Water

'Torture chamber'

AAVs, sometimes called "tracks" or "amtracs," are rough rides even when they aren't filling up with water and sinking, current and former Marines told Insider.

The Marines, who enter through a large ramp that lets down in the back, are tightly packed inside the 26-foot-long armored vehicle like sardines. It's loud, it's tough to breathe, it smells of exhaust and diesel fumes, and it is not uncommon to see infantrymen vomit from motion sickness or panic from claustrophobia as the windowless hull rocks in the water.

"I've had my fair share of people freaking out in the back of an amtrac," Sgt. Juan Torres, an AAV section leader, told Insider during a visit to Camp Pendleton earlier this year. "They don't even know they're claustrophobic, and next thing you know, they're freaking out, screaming, 'I need air, I need air.'"

Nate Eckman, a Marine infantryman who left the Corps a few years ago, told Insider that riding inside an AAV is "one of the worst memories" he has from his time in the service.

"It was awful being cramped, sucking in diesel fuel, and feeling claustrophobia I didn't even know I had," Eckman recalled. "People fight. They get nauseous and puke in the back. You're enclosed inside the whole time, and you have no idea where you are or if you have ten more minutes or five more hours."

Eckman acknowledged that AAVs are effective for making Marines amphibious, but he also said that an AAV is a "torture chamber" for troops riding inside. "I watched guys break," Eckman said, explaining that disdain for the AAV was fairly common among the Marine infantry.
Marines aboard a lightly-outfitted amphibious assault vehicle prepare for an amphibious assault. US Army National Guard photo by Spc. Emily Eppens

'Brace yourself'

The Corps has been relying on AAVs since the 1970s. They require a lot of work to maintain and operate, and sometimes, things go wrong inexplicably. "You can do everything perfectly, and then, the moment you roll out, something goes wrong," Torres said. "If everything is going smoothly, you should be worried."

The fully-armed ship-to-shore troop transports deploy from amphibious warships and are propelled by jets and spinning tracks. In the water, AAVs maintain a very low profile, with most of the vehicle already below the waterline.

The AAV that sank in late July is believed to have hit rough seas and taken on more water than the pumps could handle, possibly causing the vehicle to sink.

Marines who conduct amphibious operations with AAVs have to go through some variation of the submerged vehicle egress training to prepare for the possibility that their vehicle will sink at sea. The training involves sitting Marines in a simulated AAV hull and dropping it into a pool.

"The infantry training was like a four-hour day at a pool," Eckman said. "You get in this plexiglass container that represents the body of a track. You sit in it, you float three feet above the water, and then they drop it in."

He said that he did not feel the training adequately prepared him for an actual emergency. For example, "you're not carrying the normal amount of equipment you normally would," he said. "You're in a very light state." It is less gear, less people, less of the things that make egress a challenge.

The former Marine said that "there are almost no elements that I think would be present in a real drowning scenario," explaining that he remembers going through the training and thinking that it "feels very ineffective."

As a Marine, Eckman actually had to bail out of a sinking AAV. Fortunately, the vehicle sank slowly in calm waters, so everyone was able to get out. While a slow-sinking track is easier to escape, it is still a danger because of how quickly and unexpectedly the situation can change.

If an AAV sinks rapidly, the egress "procedure is to brace yourself when the vehicle goes underwater and wait until the violent motion stops" before exiting the vehicle, explained Gunnery Sgt. Michael Pena, a curriculum chief at the Assault Amphibian School.

Basically, the Marines, who have access to neither seatbelts nor supplemental breathing devices, cling to their bench seats and hold their positions until the vehicle fills with water and steadies.

"You have to brace yourself and know where you are in the vehicle," Pena said, emphasizing that "you do not want to disorient yourself when the vehicle goes under."

Underwater, "there are no commands coming from any of the vehicle crew or anyone else," Pena explained. "Marines are expected to do what they need to do to exit the vehicle." In that moment, Marines must fend for themselves in the chaos.

Undoubtedly stressed and holding their breath in the bright green glow of the emergency egress lighting system, the troops, in full gear but supported by a life preserver, must try to escape the sunken AAV by way of a handful of hatches, assuming they open as intended. They then swim to the surface with only the air in their lungs, shedding their gear when they can.

"Getting out of the vehicle is your primary goal," Pena said, explaining that the next step is for troops to get to the surface as quickly and efficiently as possible. "The more motion you are doing in the water while not breathing is just going to burn oxygen," he said.

The escape plan was simple, Eckman recalled. "Hold, stay calm, and try to hold your breath long enough to get out and come up."

But, as their vehicle sinks, Marines are unlikely to be calm, and the increased adrenaline will increase oxygen demand, reducing the amount of time they can hold their breath.

There is also the issue of the hatches through which troops are expected to escape. Marine veterans say they can be difficult to deal with normally and become even more challenging underwater. And, even if they do open, getting out is still anything but easy.

Jacob Aronen, a Marine veteran familiar with AAVs, told Marine Corps Times that the top hatches, the primary egress points, "often have handles that are so stiff you need to beat them with a hammer to open."

Aronen further explained that it would be tougher to open the heavy hatches on a sinking vehicle because of the water pressure. Marine veterans that talked to Insider raised similar concerns.

Open, the hatches are not very wide, so "if you have your gear on, it is very difficult to get out of them in a rush," Tagen Schmidt, a Marine veteran who was badly burned when his amtrac caught fire, told Insider. Schmidt was one of 15 service members who were injured when his AAV burst into flames.

Were a service member in full gear with an inflated life preserver to get stuck exiting the vehicle, he would block the way for those behind him. An injured Marine could have the same effect.

There are procedures to get Marines out of the vehicles, but a single hitch in the process could mean the difference between a safe egress and a deadly catastrophe.

A Marine amphibious assault vehicle charges through the surf. Thomson Reuters

'Design flaws'

"If [an AAV] is designed to allow for the egress of a dozen plus combat-loaded Marines in an extreme scenario, that is not obvious to me at all," Eckman said, adding that he believes the Corps is overcrowding its vehicles.

Thinking about the deadly incident in July, he asked, "How many Marines had to be on that AAV for it not to be a fatal accident? Do we have policies that essentially cause overcrowding? Was the actual cause of death overcrowding because there were just too many people on there?"

"The space is tight," Eckman said. "You are literally piling people on top of each other."

Bud Colby, a former Marine amtracker, told Insider that the challenge of getting everyone out of a fast-sinking AAV is "one of those known design flaws."

"Twenty-six tons are going to sink quick," he said, explaining that "you physically can't get the people out in time, and that ties back to the design of the vehicle."

Altogether, an AAV has six hatches. There are two cargo hatches, a rear hatch, and three forward crew hatches. For the troops in the back, the forward hatches are not particularly accessible. But, were there to be a problem with the back hatches, those may be the only options.

"It is a tight fit in there," Colby said. "Being realistic, it is going to be tough to get a lot of people out of a vehicle in any short period of time." He said that many military vehicles come with inherent risks though.

Of the Marine veterans that spoke to Insider, Schmidt was the most critical of the AAVs. "For the most part, and mainly because of my experience, they are death traps and need to be updated if not completely eradicated from the Marine Corps," he said.

"We're already the most unstoppable force in the world. If we were to get new gear and equipment, not a country in the world would be able to touch us," he argued.

The Marines have been trying to replace the AAV for two decades, but until recently, efforts to replace the aging vehicles were unsuccessful.

One replacement attempt was the Expeditionary Fighting Vehicle, originally known as the Advanced Amphibious Assault Vehicle.

The vehicle was expected to be faster, more heavily armored, equipped with more firepower, and more reliable than the AAV, but the project was canceled in 2011 due to rising costs, among other issues. That same year, an AAV carrying six Marines sank off the coast of California. One service member died in the accident.

The Marine Corps is currently in the process of phasing out the AAV, which is being replaced by the new Amphibious Combat Vehicle. The service said in late September that new vehicle deliveries would start the following month.

The Corps told Insider that the new ACV provides "increased lethality and protected mobility and supports the survivability and safety of the crew and embarked Marines." The service said the new vehicle "requirements and design address safety in the water to include emergency egress through the hatches." The service did not, however, say how it does that.
TRUMP DEFUNDS POLICE
Donald Trump's campaign is refusing to pay cities' police bills despite its pledge to 'back the blue' and support 'law and order'

Dave Levinthal Aug 6, 2020
  
President Donald Trump speaks during a meeting with law enforcement officials from around the country as Vice President Mike Pence looks on in the diplomatic reception room at the White House in Washington, D.C., on February 11, 2019. Mandel Ngan/AFP via Getty Images

Vice President Mike Pence is headlining a 'Cops for Trump' reelection rally in Tucson, Arizona, as city officials say the Trump campaign has refused to pay a police bill it sent in 2016.

Tucson officials accused the Trump campaign of violating a license agreement associated with a March 2016 campaign rally. The Trump campaign said Tucson police 'refused to do anything to control protesters or otherwise protect attendees.'

Trump's campaign has refused to pay at least $1.82 million worth of bills sent to it by numerous municipal governments in connection with political rallies. The campaign says it's under no legal obligation to pay.

Trump regularly presents himself as the president of 'law and order' and a strong supporter of police.

Democrat Joe Biden's campaign has refused to say whether it will pay police bills if it begins conducting in-person campaign events between now and Election Day.


Vice President Mike Pence is scheduled to conduct a "Cops for Trump" rally Tuesday morning in Tucson, Arizona, where he'll "highlight the Trump Administration's strong actions to support law enforcement."

But Tucson officials say President Donald Trump still hasn't paid an $81,837 police services invoice they asked his campaign to pay following a rally there in March 2016.

Tucson is one of 14 cities across the nation — many in critical swing states — that say the Trump campaign has stiffed them on police and public safety bills following campaign events. Total tab: nearly $2 million.

Also among them: Mesa, Arizona, which billed the Trump campaign $64,467 in October 2018. Pence is slated to participate in a "Latter-day Saints for Trump" coalition launch Tuesday afternoon in Mesa.

Trump's 4-year-old police billing dispute with Tucson is particularly messy.

In a September 2016 demand letter, Tucson City Attorney Mike Rankin accused the Trump campaign of violating a license agreement that specified the campaign would cover "costs incurred for all services, equipment and personnel provided by the City of Tucson for security and for crowd and traffic control."

But Don McGahn, Trump's future White House counsel and then the Trump campaign's general counsel, shot back in his own letter — disputing the bill and blasting the Tucson Police Department's performance.

"The Campaign has had numerous reports from people who attended the event that the on site police officers refused to do anything to control protesters or otherwise protect attendees of the event," McGahn wrote. "To the contrary, police officers told those who requested assistance that their orders were to stand down and not engage."

Tucson spokesperson Lane Mandle said she expected the Pima County Sheriff's Department to staff Pence's event next week. Earlier this year, Mandle said the Trump campaign's police bill payment would help it grapple with a municipal budget ravaged by a recession and coronavirus-related costs.

"What the City of Tucson needs, like every major municipality, is a direct infusion of cash from the federal government that can be put toward our general fund to offset the millions currently being lost in sales tax revenue," Mandle added.

The Arizona Police Association is expected to endorse Trump at Tuesday's rally in Tucson, according to a Trump campaign advisory. The association did not respond to several messages Thursday,

Felecia Rotellini, chairwoman of the Arizona Democratic Party, on Thursday blasted the Trump campaign for not paying police bills from Tucson and Mesa.

"Donald Trump has repeatedly shown us who he really is: a corrupt con man who puts his own interests ahead of the working people he regularly stiffs," Rotellini said.

A 'Cops for Trump' tour


Pence's Arizona events come 12 days after the vice president conducted a "Cops for Trump" event in the small city of Greensburg, Pennsylvania, where he stood in solidarity with local law enforcement and dismissed liberals' calls to "defund the police."

Trump's campaign has so far refused to pay a combined $1.82 million in police and public safety bills sent to it by 14 local governments, including Spokane, Washington and Wildwood, New Jersey, according to the Center for Public Integrity and Insider. Trump's excuse is that his campaign isn't legally required to pay.

"I fully expect them to stiff Greensburg and Westmoreland County taxpayers with the bill for this rally," Pennsylvania state Rep. Austin Davis, an area Democrat, said of the Trump campaign.

Lately, some city governments haven't bothered trying to recoup costs for Trump events, presuming his campaign won't pay. Trump campaign events are often scheduled on short notice and require cash-strapped municipalities to spend money they can barely spare.

Trump rally protests and counter protests routinely necessitate significant host city resources at the behest of the US Secret Service, which says it won't reimburse municipal governments because Congress hasn't appropriated money for such a purpose. Widespread demonstrations and civil unrest following the killing of George Floyd by a Minneapolis police officer have exacerbated tensions surrounding Trump reelection events.

Local officials closed streets and monitored protesters in Greensburg, which has a population of about 14,000 and an annual city budget of about $12 million. But because Pence's campaign event was designed to be a relatively small affair, Greensburg City Councilman Donnie Zappone, a Republican, says he expected local expenses are minimal. Audience members were numbered in the hundreds, not thousands.

Greensburg's municipal government recently laid off some city employees as it, like cities across the nation, struggles to plug budget holes amid the COVID-19 pandemic.

"Mainly, we just want to keep everyone here safe. If we do incur a cost, it would be nice if they would pay back," Zappone said.

He added that the local economy has at least received a modest boost from Secret Service officials and Trump campaign staffers spending at hotels and restaurants.

Republican state Sen. Kim Ward said that the vice president's visit will "put a spotlight" on a part of Pennsylvania often overlooked nationally and highlight the work of local law enforcement who are "true professionals."

 
U.S. President Donald Trump and U.S. Vice President Mike Pence (R) gesture during a campaign rally on Dec. 10, 2019 at Giant Center in Hershey, Pennsylvania, United States. Photo by Lev Radin/Ana dolu Agency via Getty Images

Trump campaign 'took advantage' of Wisconsin city

Don't expect any Pence campaign visit to be worth it, said Mayor Theodore Grant of Ripon, Wisconsin, which advertises itself as the "birthplace of the Republican Party."

Grant estimates his city government spent an unexpected $5,000 to $10,000 on labor costs when Pence spoke in Ripon on July 17. That's as much as two-thirds of the city's $15,000 emergency fund, which it tapped for Pence's visit.

Grant added that he was initially inclined to invoice Trump's campaign, but other city officials advised him that Trump probably wouldn't pay. Many cities that have hosted Trump rallies since 2015 have likewise opted against billing or simply consider protecting campaign events within the normal scope of their work.

"Any committee, any campaign of any party would be welcome in town if they're willing to pay for costs, but the Trump campaign took advantage of all our police and firefighters here," said Grant, whose office is nonpartisan. "We're just going to have to run a little lean."

In January, two Wisconsin state legislators proposed legislation that would have required presidential candidates to pre-pay municipal costs when making in-state campaign visits, but it failed to pass. (The Wisconsin cities of Green Bay and Eau Claire have previously billed the Trump campaign for public safety costs.)

Trump, who earlier this month won the National Association of Police Organization's endorsement, consistently touts his support for police.

"My Administration remains committed to ensuring our Nation's Federal, State, local, and tribal law enforcement officers have the resources and support they need to perform their duties safely and effectively," Trump wrote May 8 during Police Week.

More colloquially, Trump tweeted in June: "Sleepy Joe Biden and the Radical Left Democrats want to "DEFUND THE POLICE". I want great and well paid LAW ENFORCEMENT. I want LAW & ORDER!"

At the Greensburg rally, which was delayed a few minutes because of two minor motorcade traffic accidents en route, Pence told revelers that Trump has "stood without apology for the men and women of law enforcement" and that "law enforcement isn't the problem, law enforcement is the solution."

Calls to "defund the police" have been a rallying cry among many young liberals in the aftermath of the death of Floyd and other Black people in the hands of law enforcement. While the term does not call for abolishing the police but rather redirecting some of its funds to social services and other government functions, it has emboldened Trump and conservatives' stance on law enforcement officials.

"Many Democrats want to Defund and Abolish Police Departments. HOW CRAZY!" Trump said in another tweet.

The Trump campaign did not respond to multiple requests for comment. In April, it said in a statement that it's "the U.S. Secret Service, not the campaign, which coordinates with local law enforcement. The campaign itself does not contract with local governments for police involvement. All billing inquiries should go to the Secret Service."

Among the cities that want the Trump campaign to pay public safety costs: El Paso, Texas ($569,204); Minneapolis ($542,733); Albuquerque, New Mexico ($211,175); Battle Creek, Michigan ($93,338).

Will Joe Biden pay police bills?


Presidential candidates' records on voluntarily paying police bills vary.

Throughout the 2020 campaign, some presidential candidates, including Democratic Sens. Kamala Harris, Elizabeth Warren and Cory Booker, promptly paid cities' public safety bills from their campaign rallies. Texas Sen. Ted Cruz, a Republican, made it a point of pride that his 2016 presidential campaign paid every police invoice it received.

President Barack Obama and 2016 Democratic nominee Hillary Clinton paid some police bills, but not others. The 2016 presidential campaign of Sen. Bernie Sanders of Vermont disputed numerous cities' public safety bills — only to begin quietly paying them months later as he prepared for his 2020 presidential run.

What will Biden, the presumptive 2020 Democratic presidential nominee, do?

Federal spending records indicate his campaign, which generally conducted small political events prior to the COVID-19 outbreak in March, paid several municipal governments and school districts for "event security."

Still, Biden's campaign has consistently refused this year to answer questions about whether it will honor cities' police bills should the former vice president resume staging rallies before Election Day on November 3. The Biden campaign, which has ceased most in-person campaign events since the COVID-19 pandemic struck the US, did not respond to Insider's questions.

Federal election law requires all candidates to disclose their campaign debts on their periodic reports to the Federal Election Commission — even debts the candidates dispute. But Trump's campaign does not publicly list any of the police bills it's received from city governments.

In October, Democratic Rep. Bill Pascrell of New Jersey in October filed a complaint with the FEC that accused the Trump campaign of violating this debt disclosure requirement.

But the FEC has yet to address the complaint because it hasn't had enough commissioners to investigate such matters, or enforce federal campaign finance law in general, for most of the past year.

Boeing is using a 'scorched earth' strategy to keep evidence away from lawyers representing 737 Max crash victims, 
lawyer says
The crash scene of the Ethiopian Airlines 737 Max plane in March 2019. Associated Press
THERE WERE CANADIANS ON THAT FLIGHT

Boeing is pushing back on requests for evidence in cases brought by relatives of victims in the 737 Max crashes, according to a lawyer representing some of them.

Attorney Steve Marks accused Boeing of using a "scorched earth approach," trying to limit the provision of documents and witnesses that he said are relevant to the cases.

189 people were killed in the first 737 Max crash, off Indonesia in October 2018, and 157 people were in the second one in Ethiopia in March 2019.

Marks — who was involved in cases from both crashes — said that Boeing is being far less cooperative over the Ethiopia crash.
Boeing defended its approach, saying that it has produced almost 2 million pages of documents and is committed to working with the families.



Boeing is using a "scorched earth" strategy to try and keep evidence away from lawyers representing the victims of one of the fatal 737 Max crashes, one of the lawyers said.

Steven Marks, an aviation lawyer with Miami-based firm Podhurst Orseck, said Boeing has hardened its approach when dealing with the legal fallout of the second of the two crashes, which happened in Ethiopia in 2019.

Boeing is currently seeking to settle cases brought by the families of those killed when the Ethiopian Airlines plane crashed into the ground with 157 people on board.

It has largely settled cases from the earlier October 2018 crash of a 737 Max operated by Indonesia's Lion Air, where 189 people died.
Families of the victims of Lion Air flight JT 610, visit an operations centre to look for personal items of their relatives in October 2018. Ulet Ifansasti/Getty Images

The two crashes led to the planes being grounded around the world, and the greatest crisis in Boeing's history.

They led to a string of lawsuits from grieving families, as well as Boeing shareholders. Airlines which had bought the planes sought compensation, others canceled future orders, and Boeing faced intense scrutiny from Congress. Its former CEO was fired in the fallout.

In an interview with Business Insider, Marks said that Boeing's approach differed starkly between the Lion Air and Ethiopian cases. In the latter, he said, the company's lawyers were refusing to provide evidence that the victims' representatives want to see.
Undelivered Boeing 737 Max planes parked near Boeing Field, Washington, in September 2019. They were not delivered yet due to the plane's grounding. David Ryder/Getty Images

He called Boeing's approach in the Ethiopian Airlines "the complete polar opposite of what happened in Lion Air."

In the Ethiopian Airlines cases, he said, "Boeing took a very different scorched earth approach."

In a statement to Business Insider, Boeing defended its approach and argued that it had taken its obligations to provide evidence "seriously." A spokesman said the company had turned over close to 2 million pages so far.

Marks represents seven of the families in that crash, none of which have been settled. He has settled 37 cases from the Lion Air crash.
The coffins of a woman and three children who died in the Ethiopian Airlines Boeing 737 Max crash, photographed in October 2019. SULEIMAN MBATIAH/AFP via Getty Images

Marks is also one of the leaders of the committee of lawyers from different legal firms that all represent the families of those killed, which was formed by the judge overseeing the cases.

Marks described the provision of evidence as "the main point of pressure" that these lawyers have had with Boeing.

He said he and others had been "fighting with Boeing for more than a year" on what kind of information is relevant to the cases, including documents and witnesses.

"It's been a real dog fight every step of the way. There's almost never an agreement. It's the complete polar opposite of what happened in Lion Air."
Ethiopian Federal policemen stand at the scene of the Ethiopian Airlines Boeing 737 Max crash near the town of Bishoftu, Ethiopia, in March 2019. Reuters

"They're trying very hard to limit to production of documents, limit witnesses that are available for deposition and everything has been a dogfight."

He said: "Every little step of the way has been a fight and it's been difficult to get anything."

Marks said that his team of lawyers asked for documents that Boeing had produced in litigation with shareholders, including minutes of directors' meetings and "email exchanges as to how much the board knew."

One of the key questions surrounding the crash legal cases is the extent to which Boeing was aware of issues with the Ethiopian plane before it flew.

But he said Boeing objected to supplying the minutes and emails on the grounds that they are not relevant. The lawyers are putting forward a motion that could compel Boeing to provide them.
  
Family members of those who died aboard Ethiopian Airlines plane sit with pictures of their loved ones during a Senate Commerce Committee hearing in October 2019. Win McNamee/Getty Images

Marks said that Boeing had also refused to make documents available that it had given to Congress to help lawmakers' investigations of crashes.


In a statement to Business Insider, Boeing spokesman Bradley Akuburio said that Boeing is taking providing evidence "seriously" and that it will continue working with the lawyers.

"We extend our deepest condolences to the families and loved ones of all those onboard Ethiopian Airlines Flight 302," he said.

"We are committed to continuing to engage with the families in an effort to resolve their claims. We take our discovery obligations seriously and have produced close to 2 million pages of documents to date."

"We will continue working with the counsel for the families and the court to address their outstanding requests for information."


Boeing has made updates to the system that malfunctioned both crashes, and the plane is expected to soon be approved to fly again.

Boeing also previously committed to making the plane one of the safest ever to fly when it is back in the sky.

Marks said that his team of lawyers recently filed a motion that would compel Boeing to provide some more evidence, like getting access to employees' personal devices and laptops: "The issue is now before the court."

Marks argued that he and other lawyers already "have enough discovery to establish Boeing's liability."

"But the families and the flying public deserve to know the full extent of the malfeasance which Boeing is continuing to hide."

Unpainted Boeing 737 Max aircraft parked at Renton Municipal Airport in Renton in July 2019. Reuters

Marks noted that Boeing is using different legal firms for each crash, which could lead to the varying approaches.

He also noted that the Lion Air cases were legally "a little easier to deal with" than the Ethiopian Airlines cases because the victims were mostly of one nationality, unlike in the Ethiopian crash.

He said the cases were also more straightforward US law applied since the crash took place over international water. The Ethiopian crash was on land.

The Ethiopian Airlines cases are currently before Judge Jorge L Alonso of the Federal Northern District Court of Illinois.
Rescuers work at the scene of an Ethiopian Airlines plane crash in March 2019. Associated Press

How much evidence Boeing would have to provide has been a central question in how the cases would play out since they were first brought against Boeing.

Boeing had earlier explored moving the Lion Air cases from the US to Indonesia, where the crash occurred.

It's a move that is common in aviation litigation but one that both experts and lawyers for victims told Business Insider would have ended in Boeing being required to provide much less evidence, and likely leave families with much smaller settlements.

Read more about the Boeing 737 Max crashes:
The Boeing 737 Max crashes have revived decades-old fears about what happens when airplane computers become more powerful than pilots





Of Gaudy Earrings, Bare Arms And Revealed Cleavage: 
The Feminine Face Of The Ills Of The Bar?
By Francisca Serwaa Boateng, Esq.


Introduction

Literature-in-English was my favourite subject in both my O’ and A’ Level classes at St. Monica’s Secondary School in Asante-Mampong. Apart from the richness it added to one’s language, Literature-in-English also gave a vivid historical account of how people lived during various epochs of human civilization. I loved the African Writers Series but Shakespeare was also a favourite and I followed his writings with keen interest. Now, one of our select books for drama at A’ Level was HAMLET and I thoroughly enjoyed it.

Very early in the book, young Hamlet gave his mother, Gertrude, a dressing down in his first soliloquy. Apparently, Gertrude’s offence was that she had married Claudius, her late husband’s brother. “Frailty, thy name is woman”, Hamlet famously declared. When Hamlet later met with his mother in her closet, his words were even more scathing.

Even at that early stage of life, my 17-year old brain got shifted into fifth gear as I started asking myself a lot of questions. They were questions about Hamlet’s rude attitude towards his mother: why wasn’t Hamlet angry at Claudius who married his mother Gertrude but rather vented his spleen on Gertrude who, most likely, did not have any choice in the matter?; Why did Hamlet bundle all women together and describe them as weak on account of his perceived weakness of one woman, his mother?, and so on.

To my eternal surprise, though Hamlet could blast his mother with words that felt like daggers in her ears, he failed to find similar strength to accomplish the task his late father’s ghost had set down for him. Hamlet could not avenge his father’s death but he had enough time and words to berate his mother whose only crime was her marriage to her late husband’s brother. Thus, was the beginning of my appreciation of gendered perspectives and stereotypical attribution of ‘problems’ to women when we have no practical solutions to the real problems that confront us.

Female lawyers and judges under the radar.

On Tuesday, 15th September 2020, the Ghana Bar Association held its virtual annual conference from the auditorium of the Court Complex in Accra. The conference was originally scheduled to be held in Bolgatanga but for the COVID-19 pandemic.

As is the tradition at the Bar’s annual conference, the virtual conference was reportedly addressed by the President of the Republic, the Chief Justice, the Attorney-General & Minister of Justice and the President of the Ghana Bar Association.

The theme for the conference was “Enhancing National Cohesion: the essence of free, fair and responsible electoral process”.

Of all the speakers who addressed the conference, none appeared to have received much coverage in the press than the President of the Ghana Bar Association. The Ghana News Agency reported in a publication titled “Refrain from showing too much skin – GBA President warns” on Ghanaweb that the Bar President has said that whether in court or at the office, lawyers and judges should refrain from showing too much skin.

He is quoted to have said that “bare arms are generally frowned upon in the office and never appropriate in court. Skirts or blouses should always be bottomed (sic) so that cleavage is never revealed...bare legs are never acceptable in court and neither are open toes (sic) shoes.

Anything flashy such as large gaudy earrings or sandals are also inappropriate.” He also reportedly added that the legal profession remained one of the most conservative concerning work attires and that hair and makeup should also be conservative. The Bar President is said to have added that female lawyers should always wear dark suits with trousers or knee-length matching skirts. The next day after the Ghana News Agency’s publication, other media houses published the story with such repugnant headlines that I shudder to repeat here.

The speech as published and attributed to the Bar President left a lot be desired. It was most condescending, sexist and betrayed the persistent patriarchal narratives that still feature in our discourse even in the 21st Century. Whenever it suits our whims, we take umbrage under the so-called “conservative” nature of our profession and rebuke others for no apparent reason other than sexism and discrimination. Whose sense of conservatism are we protecting? Is it that of the British or the Ghanaian?

The British whose legal system was imposed on us in 1876 have since moved away even from the prescribed apparel of old. They do not wear tail coats to court by prescription anymore and they have almost completely done away with the fake horsehair wigs and mournful black gowns.

Being ultra-conservative, we in Ghana have now embraced the hallowed wig and gown such that from the lowly magistrates at the District Court to the Lords temporal on the Supreme Court bench, pupils who are one week old at the Bar to veteran lawyers who are in their fiftieth year of practice, all must be festooned in these colonial relics to preserve the conservative nature of our profession. How noble! It is for the very reason of the enforced wearing of wigs and gowns that the admonition to female lawyers and judges to cover up appears contrived.

Throughout Ghana, every lawyer who goes to court must necessarily cover their heads

and body with wig and gown. How then do female lawyers and judges appear in court with disheveled hair, bare arms and legs and revealed cleavage while covered in wig and gown? As for the female lawyers and judges who wear large gaudy (whatever that means) earrings, flashy make-up and sandals (if not for medical reasons) to court, we need to await specimen from the speechmaker. Apart from wearing the usual dress, skirt or a pair of trousers, one cannot see how else female lawyers and judges can completely avoid exposure of parts of their body.

The admonition as issued transcends female lawyers and judges’ dressing in court; it applies with full force to their dressing in their offices as well. The last time I checked, lawyers in their offices, both male and female, wore normal office attire. Some even have ‘Friday African Wear’ policy in place.

There is nothing wrong with that. Choosing to prescribe what female lawyers and judges should wear even in their offices is distasteful, chauvinistic, and discriminatory. It is interesting to observe that, in the past 12 years when we had female Chief Justices, there was no complaint about how female

lawyers and judges dressed. In just about six months since the last female Chief Justice retired, the front-burner issue for the Bar Association is how to get an imaginary scantily dressed female lawyer or judge to cover herself up. At any rate, a President of the Association of Magistrates and Judges of Ghana (AMJG) cannot chastise members of the Ghana Bar Association any more than a President of the Ghana Bar Association can drag the name of a section of the Association of Magistrates and Judges of Ghana through mud.

As a profession, we have hidden behind an affinity with conservatism to stifle our own growth and development while society has passed us by. Admittedly, our profession is a noble one and we need to carry ourselves in a manner that befits our calling. However, it will be most unreasonable for one to expect a lawyer practicing in Ghana today to dress like a John Mensah Sarbah or an Annie Jiagge.

These two pioneering stalwarts of our profession belonged to their time and so do the present generation. In the days of Mr. Sarbah, it probably would have been heresy for a male lawyer to be seen wearing ‘happy socks’ and figure-hugging suits. These days, we have them in fashion and we love them.

In the days of Mrs. Jiagge, Brazilian hair was most likely to be found on Brazilian heads. Nowadays, we rock them over our kinky hair and we love them. Much as members of the Bar and Bench are keen to abide by the reasonable dictates of the ethics and code of conduct of the legal profession, it does not lie in anyone’s mouth to isolate the female section of the profession and hold it to public scorn and derision.

Some challenges that need to be addressed.

After all is said and done, there are real challenges confronting the legal profession today and as a profession, we cannot just sit in a corner and suck our thumbs while waiting for the next ritualistic annual conference to come round. We need to find space and time to address those pertinent issues.

a) Law school admissions

The foremost challenge confronting the legal profession in recent years is the law school admission process. Matters came to a head when a citizen put the issue before the Supreme Court. Though the Supreme Court and Parliament subsequently addressed aspects of the law school admissions process, the efforts appeared to have yielded little result.

The situation was not made any easier by a Chief Justice who maintained that for as long as she had anything to do with legal education, there will be ‘no mass production’ of lawyers in Ghana. No definition of ‘mass-production’ accompanied the edict so issued but the meaning became clear when, in the 2019-2020 academic year, only 128 out of 1,820 students who sat for the Law School Entrance examinations passed and were admitted to the Ghana School of Law. That means a paltry 7% of all potential students with LL.B Degrees was admitted.

Some law students even reportedly declared a ‘red week’ of demonstrations to register their protest against what they saw as a deliberate attempt to restrict entry into the legal profession. In the midst of the hullabaloo, the Bar Association’s silence was most deafening.

We chose to be silent lest we ruffle some pristine peacock feathers.

As the venerable Archbishop Desmond Tutu once wrote, “If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse, and you say that you are neutral, the mouse will not appreciate your neutrality.” The late Margaret Thatcher it was who once advised that “standing in the middle of the road is very dangerous; you get knocked down by the traffic from both sides.” In the past, our association was the conscience of the nation.

The sad thing is that, even as the Bar Association has adopted a mum stance, the law school entrance saga remains a dominant national issue. Indeed, so central is the issue that a political party has included it in the party’s manifesto for the upcoming elections. Recently when the results for the 2020-2021 academic year law school entrance examination results were released, it was at once shocking and relieving.

It was shocking because 1,045 out of 2,720 students who wrote the examinations passed and gained admission to the Ghana School of Law; it was relieving because for the first time in several years, many LL.B graduates have the chance to undertake the professional law course. Interestingly, nothing much has changed in the physical infrastructural fortunes of the law school in the past year but there has been such a quantum leap in admissions.

Perhaps, if we had added our voices to the call for expanding access to legal education when it mattered most, maybe, just maybe, relief may have come a tad earlier. It is still not late for us to show interest and commitment in the affairs of the school that provide the membership of our association.

b) Enforcing the provisions of our association’s Constitution and Regulations

In 2018, our Constitution and Regulations received a makeover through an amendment which had been in the works since the last amendment of 1994. However, huge portions of the Constitution and almost the entire provisions in the Regulations lie dormant. For example, under the GBA Constitution, one of the objects of the Bar Association is the organization and promotion of legal education and continuing professional development programmes.

Over the years, we have been excited to conduct the less crucial continuing professional development programmes, but we shy away from even discussions bordering on the crucial subject of the organization and promotion of legal education. The Regulations of the GBA mandates the General Council of the Bar to do the following:

- To arrange the professional training course for lawyers in Ghana; - To register foreign-qualified lawyers to practice in Ghana;

- To organize the call of lawyers to the Bar;

- To fix annual subscriptions for Bar Association membership; - To register all professional chambers;

- To enforce disciplinary measures for professional misconduct under the Code of Ethics; and so on.

We need to ask whether, as an association, we have been fulfilling our mandate under the GBA’s Constitution and Regulations.

c) The e-justice system

Last year, the e-justice system was formally launched by the President of the Republic, signaling the end of the old manual justice delivery system and its attendant problems. The euphoria that greeted the launch has, however, given way to disappointment because nothing much has changed. We still carry processes physically to court and file, among other frustrations which we thought the e-justice system would have wiped out.

d) The effects of the COVID-19 Pandemic on the legal profession

This year, the COVID-19 pandemic has changed the nature of our profession and law practice for good. Globally, most lawyers’ livelihoods and businesses, just as all facets of life, have taken a hit and we need to device practical ways to weather the storm till calm is restored. The Bar Association’s role in this endeavour will be very crucial.

These are some of the pertinent issues that ought to engage our attention. As an association, our time will be better served in addressing some of these issues rather than engaging in our favourite pastime of tickling the ears of some retiring judge with ill-deserved panegyrics.

So yes, the Bar Association has challenges and when we look diligently, we will find that the challenges go beyond the length of a female lawyer’s skirt and the blush on her cheeks.


Francisca Serwaa Boateng, Esq., © 2020

The author has 5 publications published on Modern Ghana.








Canadian Kidnappers: State Calls First Witness



The State has called its first Prosecution Witness in the case in which four persons are standing trial for unlawful imprisonment of two Canadian nationals last year.

The four Sampson Agharlor, aka Romeo, Elvis Ojiyorwe, Jeff Omarsar and Yusif Yakubu have all pleaded not guilty to the charges of conspiracy to kidnap, two kidnappings and an unlawful improvement.

They have been accused of playing various roles in the kidnapping of Miss Lauren Patricia Catherine Tiley and Miss Bailey Jordan Chilley, who were in Kumasi to participate in a youth programme on June 4, 2019.


When the case was called on Friday, October 16, Hilda Craig, Senior State Attorney told the court that prosecution was ready for the trial to start.

She, however, prayed the court that the matter be heard in-camera since the witness is national security personnel.

The court presided over by Justice Lydia Osei Marfo granted her the request and cleared the court.

Agharlor was represented by Longinus Chinedu. Ojiyorwe and Omarsars were not represented by counsel. Yakubu said he will represent himself.

The brief facts accompanying the charges were read to the court by Senior State Attorney Hilda Craig after their plea were earlier retaken.

---Starrfm
Five things to know about Guinea
By AFP

More than half of the population of some 13 million people live below the poverty line. 

By JOHN WESSELS (AFP/File)

Guinea is among the world's poorest countries, despite significant mineral resources, and has a turbulent political history.

Here is some background ahead of the presidential election on Sunday, in which President Alpha Conde is seeking a controversial third term.

Authoritarian regimes


Guinea won independence from France in 1958, becoming Africa's first Marxist state under President Ahmed Sekou Toure, who ruled for a quarter of a century.

Rights groups say his regime is responsible for the death or disappearance of 50,000 people, and the exile of hundreds of thousands of others.

Days after his death in 1984, Lansana Conte, a soldier, seized control and remained in charge until his own death 24 years later.

Multi-party rule was introduced in 1990 but elections were widely believed to be rigged.

After Conte died in 2008 after an illness, another military coup brought Captain Moussa Dadis Camara to power and plunged the country into chaos.

In 2009, security forces opened fire and mowed down demonstrators gathered at the capital's main stadium to protest against Camara's regime.

The United Nations said 157 people were killed and 109 women were raped in the deadly crackdown, while hundreds were wounded.

Camara survived a shot to the head a few months later and was removed from office, paving the way for a democratic transition.

First free election

Guinea held its first democratic elections in November 2010 and long-time political opponent Alpha Conde was voted president. He was voted in again in 2015, the constitution providing for two terms.

After periods of turbulence marked by violence at opposition demonstrations, protests broke out again in October 2019 against a Conde third term, leaving dozens of people dead in a security force crackdown.

Conde confirmed his plan to run for a third term in September.

He argues that the new constitution adopted in March resets the presidential term counter to zero, but the opposition has denounced a "constitutional coup".

Mineral wealth

More than 80 percent of the Muslim country is made up of ethnic groups, mainly the Fulani and Malinke.

The country is one of the world's biggest producers of bauxite, the ore used to produce aluminium. It is also rich in iron, gold, diamonds and oil.

Conde has enacted reforms to diversify the economy, including the mining sector which attracts foreign investment but is hobbled by poor infrastructure.

Agriculture remains the main source of jobs.


According to the African Development Bank (AfDB), gross domestic product grew by 6 percent in 2018 and 6.2 percent in 2019, thanks to increased foreign direct investment in the mining sector and some improvement in power generation.

But because of the coronavirus epidemic, the AfDB in April said it expected a slowdown in 2020 growth to 1.4 percent in the best-case scenario, and in the worst case, a contraction.

Guinea is also plagued by corruption, listed as 130th of 180 countries on Transparency International's rankings.

More than 55 percent of the population of some 13 million people live below the poverty line, and many have no access to electricity or running water, according to the World Bank.

Ebola

The deadliest epidemic of the tropical virus Ebola started in Guinea in December 2013, killing around 2,500 people there and affecting agriculture, mining, trade, transport and tourism.

The World Health Organization (WHO) declared the end of the epidemic in March 2016, after it had killed 11,300 people in the region.

Female genital mutilation is a widespread practice in Guinea, affecting 97 percent of women and girls in 2014, according to UNICEF.

Mandingo music


Along with Mali, Guinea is the cradle of Mandingo music, played with instruments such as the kora or the balafon.

Among its most famous celebrities is singer Mory Kante, best known for the 1997 dance song "Yeke Yeke," a huge hit in Africa and a No. 1 in several European countries. Kante died in May.
#EndSARS: Nigeria's young protesters demand real change

Rich, poor, feminist and gay, celebrities and street kids, everyone chants the same slogan: "end SARS now", in reference to the Special Anti-Robbery Squad, a police unit widely accused of human rights violations.

CARNIVAL 
DANCING IN THE STREETS AS PROTEST
A FESTIVAL OF CONTESTATION

By Sophie BOUILLON 

16.10.2020 NIGERIA

Protestors can be seen carrying Nigeria's green and white flag 
in what has become an ongoing festival of contestation
By Pierre FAVENNEC (AFP)

Dancing, chanting and determined: thousands of young Nigerians are jamming the streets of megacity Lagos to protest against police violence and vent at a society they feel sidelines them.

West Africa's economic hub and beating heart, normally bustling with traffic, is at a standstill as demonstrators have occupied major roads day after day since last week.


The gigantic Lekki Toll Gate, a key junction in and out of the city of 20 million people, is the main stage for the ongoing festival of contestation.

DJs take turns on a makeshift stage in front of a jubilant crowd, while others set up pool tables and hustlers sell soft drinks nearby.


Convertible Mercedes and beaten-up cars park side by side in the middle of the crowd, windows down and pumping music, as onlookers drink beers and raise clenched-fisted salutes.


Better-off protesters distribute water bottles and soft drinks. Popular food chains hand out provisions. Nigeria's green and white flag goes from hand to hand for selfies.


Protesters have gathered at the Lekki Toll Gate, a key junction in and out of the city of 20 million people. By Pierre FAVENNEC (AFP)

Rich, poor, feminist and gay, celebrities and street kids, everyone chants the same slogan: "end SARS now", in reference to the Special Anti-Robbery Squad, a police unit widely accused of human rights violations.

The slogan, initially launched to denounce the unit after a video of a man being allegedly killed by police went viral last month, has become a rallying cry against injustice and for more freedom.

'Not going anywhere'

"If we have money on our bank account, they say we are Yahoo boys (cybercriminals). If we wear earrings, they say we are gay (illegal in Nigeria). If we have dreadlocks, they say we smoke weed," Femi Daniel, a 33-year-old demonstrator tells AFP.

"We are tired, we are not free in this country."

Bowing under pressure and faced with a massive online campaign supported by celebrities like Cardi B, Kanye West or Twitter's CEO Jack Dorsey, the government dissolved SARS and announced a raft of police reforms.


It is Nigeria's entertainers and pop stars, icons whose influence stretches across social classes, rather than politicians who are supporting the movement. By Pierre FAVENNEC (AFP)


But it has not been enough to appease the anger and determination of the street.

The creation of a new SWAT team to replace SARS is among the newly announced measures that protesters oppose.

Quickly, the hashtag #EndSWAT was added to #EndSARS and hundreds more people continued to join the movement in a string of cities including in the capital Abuja.

"#EndSARS united us. Now our eyes are open and we are fighting. Our independence is starting now," Daniel says.

Cynthia Shalom, a famous actress in Nigeria's Nollywood film industry, is determined to keep the movement going.

She insists the government address five main demands: the release of all arrested protesters, compensation for families of victims of police abuse, the setting up of an independent investigative body, psychological evaluation of all disbanded SARS officers and an increase of police salaries.

"They think we are joking. They look at us, sitting in their offices, and they think we are kids partying and that we will go home. I can tell you, we are not going anywhere, I am so proud of our generation," she says.

'Protests have snowballed'

"The protests have snowballed into an outlet for latent anger and frustration," Leena Koni Hoffmann, associate fellow at Chatham House wrote.

"Nigeria has the largest number of young people in poverty in the world, as well as the most food insecure households in West Africa."


The creation of a new SWAT team to replace the Special Anti-Robbery Squad is among the newly announced measures that protesters oppose. By Pierre FAVENNEC (AFP)

This social uprising is first and foremost the result of a generational divide, where the youth does not identify with its ageing rulers.

President Muhammadu Buhari, 77 and a conservative Muslim, is at the helm of a country where half of its 200 million people are under the age of 30 and where the median age is 18.

It is Nigeria's pop stars, icons whose influence stretches across social classes, rather than politicians who are supporting the movement.

"We don't have a leader. But the youth, the masses wanted us, the celebrities, to speak out. Now I am out, and I'm staying here," Peter Okoye, a singer known as Mr P with 9 million Instagram followers, says.

Standing on his luxury 4x4, the performer's voice crackles as he shouts to the crowd.

"I shouldn't be here you know. I am 40, I have a good life, I made it. But one day, my son, my daughter, they will ask me what I was doing in October 2020, and I will tell them 'I was fighting for you'."

What to know about Nigeria's #EndSARS protests

"end SARS now", in reference to the Special Anti-Robbery Squad, a police unit widely accused of human rights violations.

By AFP 16.10.2020 NIGERIA


Demonstrators have made five demands that include structural police reforms and better pay for officers. By PIUS UTOMI EKPEI (AFP)

Protests against police violence in Nigeria show no sign of stopping as thousands continue to take to the streets despite announcements of reforms by the government.

The demonstrations erupted this month and were initially focused on abolishing the federal Special Anti-Robbery Squad (SARS), accused of unlawful detention, extortion and extra-judicial killings.

But after the government announced the unit would be dissolved, thousands of mainly young protesters have remained out on the streets pushing for genuine change in the country.

Why did the protests start?

In early October a video spread on social media showing what looked like a SARS officer attacking a man in Delta state.

The video was shared massively in the country of 200 million people and thousands started sharing their own stories of police abuse online.

"Nigerian youth have campaigned against SARS for years," Bulama Bukarti wrote for the Center for Strategic and International Studies.

But the recent video "resonated with thousands across the country and led to youth pouring out en masse onto the streets."

Why did the protests spread?

In the course of days, the hashtag #EndSARS topped the global trends on Twitter, supported by world famous Afrobeat popstars like Davido and Wizkid. Their engagement gave visibility to the movement.


  
In the streets and online, the youth has been asking for more and better jobs, an end to power cuts, more freedom of expression and better representation in politics. 
By PIUS UTOMI EKPEI (AFP)

There was a violent crackdown by police on some of the first protests. At least 10 people were killed and hundreds were injured according to Amnesty International.

The brutal response drew more people onto the streets and emboldened protesters began to push further.

Who supports the movement ?

As numbers have swelled at home, eye-catching demonstrations have also been held abroad, most notably involving the large Nigerian community in London.

"The diaspora's participation was immensely impactful because Nigerian politicians are easily unsettled by negative news outside the country, especially in the West," said Bukarti.

Following in the steps of Nigerian celebrities, international stars like Cardi B, Kanye West and Twitter's CEO Jack Dorsey joined in and expressed support for #EndSARS.

How is the government responding?

Bowing to the pressure, president Muhammadu Buhari announced on October 11 that SARS would be dissolved, with immediate effect.

He said the move was "only the first step" in more extensive reforms to Nigeria's police.


A youth holds up a sign reading "Am I Next?". By Benson Ibeabuchi (AFP)


A new SWAT unit was announced to replace SARS, with promises that it will be "ethical".

SARS officers will not be eligible for the new unit and will have to undergo psychological evaluation before being redeployed, police said.

The government said police abuses will be investigated and prosecuted.

But these announcements have not appeased the street and demonstrations have continued.

How long will protests last?

"Nigerians are sceptical of the authorities' pledge to end police atrocities because the past claims of reforming SARS have turned out to be empty words," said Osai Ojigho, director of Amnesty International Nigeria.

Demonstrators have made five demands that include structural police reforms and better pay for officers.

"Senior ranking officers are known to maintain a perverse bribery pyramid which requires that poorly paid rank-and-file officers transfer bribes extorted from citizens up the chain of command," wrote Leena Koni Hoffmann, associate fellow at Chatham House.

Many of the demonstrators have begun calling for more wide-sweeping change as they look to seize the moment to bring real change to their country.

While Nigeria is Africa's largest economy, more than half of the populaton lives in poverty and youth unemployment rates are significant.

In the streets and online, the youth has been asking for more and better jobs, an end to power cuts, more freedom of expression and better representation in politics.

For some, like Bukarti, "this may just be the beginning, rather than the end, of massive protests in Nigeria."   




Justice For Alleged Child Witches In Ogun State
By Leo Igwe
15.10.2020  FEATURE ARTICLE

Listen to article https://www.modernghana.com/news/1035883/justice-for-alleged-child-witches-in-ogun-state.html

It is not often that victims of witch persecution get justice. Abuses linked to witchcraft beliefs are usually perpetrated by the powerful against those in weaker sociocultural positions-the poor, women, elderly persons, or people living with disabilities.

Even in situations where the avenues to seek redress are there, victims seldom utilize them. Some of these avenues expose alleged witches to further victimization and exploitation. In response, survivors of witch persecution resign to their fate, or as they say in Nigeria, they hand the matter over to God.

The Advocacy for Alleged Witches (AFAW) campaigns to end this culture of silence and resignation. AFAW adopts a proactive approach. It supports alleged witches and empowers them to defend themselves and tackle their accusers and abusers.

In the spectrum of victims and victimhood, children are most affected. Children are the most vulnerable, the most victimized because they cannot defend themselves or seek redress anywhere. Unlike adult victims, alleged child witches have little or no knowledge of witchcraft or occult harm. Adult torture and coerce them to confess to witchcraft. Family members often abuse children.

Those who are supposed to show children love and care, those who should protect them- parents, brothers, sisters, and other relatives are their persecutors. Witch believing family members torture and abuse children suspected of witchcraft as a form of duty; as a way of disciplining or correcting them.

More importantly, relatives maltreat alleged child witches as a way of protecting themselves and thwarting some impending occult schemes. So situations, where child witch victims get justice, are rare. That is why AFAW commends the police in Ogun state- especially the Divisional Police Officer in Awa Ijebu for the diligent work; for ensuring the successful prosecution of child witch abusers.

In July, AFAW reported how the combined efforts of the police, the social welfare department, and the ministry of justice brought an end to the abuse of suspected child witches in Ogun state. The police arrested the couple and charged them in court.

In August, the Divisional Police Officer of the station at Awa Ijebu called to informed me that the magistrate had ruled on the case; that the court had convicted them. He tried giving me the details on phone, but I told him that I would visit and possibly have a copy of the judgment. The plan was to visit the station and interact with the police officers and then go to the orphanage to see the victims.

The DPO told me that I could visit at my convenience. On October 9, I confirmed via a text message that I would be at the station. The DPO explained the outcome of the trial. The court convicted the man on all the four-count charges, including conspiracy, failure to provide necessary, assault occasioning harm, and causing grievous harm.

The court fined the wife and subsequently discharged her. According to the DPO, no option of the fine was given to the man for causing grievous harm. So he was sentenced to two years in prison. The conviction of this couple for violations linked to witchcraft beliefs is a welcome development. It confirms that there are existing mechanisms to seek redress under the law in the country.

AFAW commends the Ogun state police command for the diligent prosecution of the case. If the police in other parts of the country respond to complaints of witch persecution in this manner, there would have been significant progress in tackling and containing the menace.

However, I noticed that something was missing in the charges as recounted by the DPO. There was no mention of witchcraft accusations among the offenses that the couple committed. Look, section 210(b) of the Nigerian Criminal Code Act states that any person who " accuses or threatens to accuse any person with being a witch or with having the power of witchcraft" is guilty of a misdemeanor and is liable for two years imprisonment. Now I wondered: if witchcraft accusation is an offense under the Nigerian law, why was it omitted in the count charges against the couple? And this omission is common in the prosecution of witchcraft-related offenses.

In my conversation with some police officers at Awa Ijebu, they made it clear that witchcraft allegation informed and motivated the harm and abuse of the children. So I expected witchcraft allegation to feature on the list. But witchcraft accusation was not mentioned on the charge sheet.

It was not included. Why? To root out witch persecution, perpetrators must be prosecuted for the crime of witchcraft accusation as provided by the law. The offense of witchcraft accusation must feature in the hearing. By omitting witchcraft accusations in the prosecution of witch hunters, the police and the court are not helping efforts to stamp out and eradicate this social disease.

After a brief meeting with the DPO, I went to see the children at the orphanage. The children have enrolled in a school, and the injuries have healed. The Advocacy for Alleged Witches donated some money towards the education and general upkeep of the children.

While AFAW welcomes the outcome of the child witch persecution case in Ogun state, it urges the government to do more to enforce the law and help deter witch hunters and witch persecutors of children and adults in other parts of the country.



Leo Igwe, © 2020

The author has 332 publications published on Modern Ghana.Column: LeoIgwe
Disclaimer: "The views/contents expressed in this article are the sole responsibility of the author(s) and do not neccessarily reflect those of Modern Ghana. Modern Ghana will not be responsible or liable for any inaccurate or incorrect statements contained in this article."



The Witch by Ronald Hutton review – why fear of witchcraft ...
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Jul 28, 2017 — The Witch by Ronald Hutton review – why fear of witchcraft hasn't gone away.
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