Tuesday, January 11, 2022

Germany's coal phaseout: The last farmer standing

Lützerath, in western Germany, is set to disappear for the sake of brown coal mining. All 90 residents have been relocated. Only one, Eckhardt Heukamp, vows to stay.



Eckardt Heukamp is refusing to accept an RWE proposal and move away from his home town of Lützerath


Heukamp's farm stands in sight of the excavators of Garzweiler's opencast mine. But the fourth-generation farmer doesn't want to sell up. "I want to live here — this is my home," the 57-year-old said.

Sixteen years ago, RWE began tearing down farms and houses in Lützerath to mine brown coal. Residents in the small, western German village received compensation and most of those affected have found a new home a few kilometers west. At the end of 2020, there were 14 residents left. Heukamp is the last person standing in what's now a ghost town. He's doing everything possible to oppose resettlement. A Higher Administrative Court in Münster will rule on his lawsuit against expropriation in a matter of weeks.


Eckhardt Heukamp has become an icon of resistance

Heukamp's fight against RWE becomes a political issue


The story of Lützerath is about much more than demolishing an 18th-century farm. Heukamp's opposition has long since become a political issue, revolving around a huge question: How serious is Germany about its coal phaseout? If the new government really wants to wind down coal-fueled energy by 2030 — instead of by 2038 as planned by the previous government — how much sense does it make to dismantle Heukamp's farm, even if the decision is legally sound?

Heukamp, who managed to save his ancestors' gravestone from the cemetery in the neighboring village, which has already been demolished, has turned to expert opinion to support his case. They say excavators could also dig around Lützerath.

"Technically this is feasible for RWE, but probably not that interesting for them economically speaking," he said.


GARZWEILER OPEN PIT MINE
Supreme Court strengthens rights - and sanctions further digs
For years, the lignite mine of Garzweiler has been a case for the courts. Now Germany's Supreme Court in Karlsruhe has decided: The constitutional rights of one of the plaintiffs had indeed been breached. In future, citizens must be able to file complaints against expropriations and resettlements at an earlier stage. At the same time, the court gave the general go-ahead for further mining.
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A study by the German Institute for Economic Research also suggests that Lützerath should remain untouched if Germany wants to meet the target of the Paris climate agreement and limit global warming to 1.5 degree Celsius (2.7 F).

"We're not in the same situation as 30 years ago, where coal couldn't be replaced because there wasn't any renewable energy," Heukamp said.

"What's the point of expropriating people, tearing down villages, and dealing with higher CO2 emissions, even though we all know that this is no longer acceptable given the alternatives that are available?" he asked.


Police repeatedly tried to remove the treehouses built by activists in the Hambach Forest
Holding on till the bitter end


So why, Heukamp asks, should he leave Lützerath? Should he start a new life in the eastern state of Brandenburg, where RWE has offered him a farm as compensation?

"I'm a stranger there, and, because of the drought in Brandenburg, I can't expect the same yield for any crops. I'd have more hectares, but with significantly poorer soil," Heukamp said.

The farmer said none of RWE's offers were acceptable to him, which is one of the reasons why he prefers to continue growing grain in Lützerath, as he has done for many years. "Why should I settle for something that is not as good as I have it here?"

Heukamp's story drifts in and out of the German media. It's a classic story of the underdog taking on a seemingly hopeless battle against a powerful corporation. By now, he's a little annoyed by all the hype. And the worry is taking its toll. He has sleepless nights worrying about what will become of his farm."It would be mad to deny that this is a burden for me," he said. "But I started the fight, and now I'm going to see it through — until they carry me out of here."

Help from activists


Heukamp is no longer fighting alone. Since authorities removed environmental activists from nearby Hambach Forest in 2018, Lützerath has become the new place of pilgrimage for Germany's climate protection movement.

Dozens of young activists cavort on Heukamp's premises. His farm is adorned with a huge yellow poster that reads: "1.5 degrees means: Lützerath stays". Tree houses with colorful anti-coal posters tower like huge nests in the treetops. Even Swedish activist Greta Thunberg was here in September 2021.

"Time is on our side. The longer we're here, the more certain we are that we can stay longer. The hope that Lützerath will be preserved grows with every single day," the 35-year-old activist Dirk said.

Dirk was at the front of the picket, wrapped up in the cold. The name of the alliance translates to All Villages Remain, and the group also collects donations to help cover Heukamp's legal costs. What unites the unlikely partners is the same opponent, RWE.

"At first, Ecki thought: 'What kind of people are they?'" Dirk said with a laugh. "But we made it clear to him that we're there for him and that he's not alone."

Activist Dirk lives in a tent on Heukamp's premises

Opencast mine only a stone's throw from Lützerath

Other activists have written a poem in Heukamp's honor: "Eckhard, der Letzte" (Eckhard, the last one standing). It is an expression of their gratitude.

Dirk is one of them. The activist quit his job in the food industry to fight climate change. He has been a full-time campaigner for the preservation of Lützerath for many years and lives in his makeshift home in Heukamp's yard, where seasonal workers used to be.

It's a surreal scenario: The white tent of the picket is only a stone's throw away from the edge of the mine with its gigantic excavators, edging closer and closer to what remains of Lützerath.

"The edge is approaching little by little — the excavators have been running day and night for a long time," Dirk said. "But I'll stay here until the last day because I feel like I have to do this to have a future."

Energy giant RWE insists on its rights


Will Lützerath become a second Hambach Forest for RWE, as activists hope? Two years ago, with the decision to phase out coal-fueled energy, the German government decided to preserve the woodland. Years of massive protests by the climate protection movement preceded the decision. The deal at the time, however, stipulated that Hambach Forest can stay, but RWE is allowed to mine brown coal in the Rhineland lignite mining area. For RWE, that's some 900 million tons of brown coal. And a lot of money.

"The decision by the North-Rhine Westphalia state government in March explicitly allows for excavation in this southern part of the area," RWE press spokesman Guido Steffen wrote in response to questions from DW. With regard to Heukamp, Steffen said RWE was ​​"still trying to find an amicable solution."

Roda Verheyen is a Hamburg-based lawyer who represents residents affected by mining

New legal situation due to Constitutional Court ruling?


For legal aid, Heukamp and other activists have turned to Roda Verheyen. The Hamburg-based lawyer also represents Peruvian smallholder Saúl Luciano Lliuya, who is suing RWE for compensation payments because of climate change in his home country.

Her greatest success was a ruling by the Constitutional Court against the German government on April 29, 2021. The court ruled that the government must take precautions for climate protection and protect the future of younger generations. And that's exactly why the lawyer is certain will sway things in Lützerath's favor.

"Given the current state of affairs, a coal phaseout by 2030, 2035 or 2038 is illusory. We have to get out of coal quickly in to achieve the emissions target that the German Constitutional Court is demanding," Verheyen said.

"The court agreed that what we've been doing for decades with coal mining doesn't serve the general good," she added. "Every additional ton that is mined is a burden for the future generations."

If the Higher Administrative Court in Münster rules against Heukamp's complaint on expropriation, Verheyen and her client will have to go to the Constitutional Court.

Germany's month-old government is ducking the issue. Page 59 of the coalition deal between the Social Democrats, the Greens and the neoliberal Free Democrats reads: "The courts will decide on Lützerath."

This article was translated from German.

EPA moves to crack down on dangerous coal ash storage ponds
By MATTHEW DALY

In this May 1, 2018, file photo, the Richmond, Va., city skyline is seen in the horizon behind the coal ash ponds along the James River near Dominion Energy's Chesterfield Power Station in Chester, Va. In the first first major action to address toxic wastewater from coal-burning power plants, the Environmental Protection Agency is denying requests by three Midwest power plants to extend operations of leaking or otherwise dangerous coal ash storage ponds.
 (AP Photo/Steve Helber, File)


WASHINGTON (AP) — The Environmental Protection Agency is taking its first major action to address toxic wastewater from coal-burning power plants, ordering utilities to stop dumping waste into unlined storage ponds and speed up plans to close leaking or otherwise dangerous coal ash sites.

Plants in four states will have to close the coal ash ponds months or years ahead of schedule, the EPA said Tuesday, citing deficiencies with groundwater monitoring, cleanup or other problems.

Coal ash, the substance that remains when coal is burned to generate electricity, contains a toxic mix of mercury, cadmium, arsenic and other heavy metals. It can pollute waterways, poison wildlife and cause respiratory illness among those living near massive ponds where the waste is stored.

The actions mark the first time the EPA has enforced a 2015 rule aimed at reducing groundwater pollution from coal-fired power plants that has contaminated streams, lakes and underground aquifers.

U.S. coal plants produce about 100 million tons (90 million metric tons) annually of ash and other waste.

The Obama administration regulated the storage and disposal of toxic coal ash for the first time, including a requirement to close coal-ash dumping ponds that were unstable or contaminated groundwater. The Trump administration weakened the Obama-era rule in 2020, allowing utilities to use cheaper technologies and take longer to comply with pollution reduction guidelines that are less stringent than what the agency originally adopted.

EPA Administrator Michael Regan said the actions announced Tuesday will ensure that coal ash ponds meet strong environmental and safety standards and that operators of industrial facilities are held accountable.

“I’ve seen firsthand how coal ash contamination can hurt people and communities,″ said Regan, a former North Carolina environmental regulator who negotiated with Duke Energy what state officials say was the largest cleanup agreement for toxic coal ash.

“For too long, communities already disproportionately impacted by high levels of pollution have been burdened by improper coal ash disposal,″ Regan said. “Today’s actions will help us protect communities and hold facilities accountable. We look forward to working with our state partners to reverse damage that has already occurred.″

In separate letters sent Tuesday, EPA denied requests for extensions of coal ash permits by the Clifty Creek power plant in Madison, Indiana; James M. Gavin plant in Cheshire, Ohio; and the Ottumwa plant in Ottumwa, Iowa.

The Greenidge Generation plant in Dresden, New York, was ruled ineligible for an extension. The former coal plant now uses natural gas.

The H.L. Spurlock plant in Maysville, Kentucky, will be required to fix groundwater monitoring as a condition for continued operation of its coal ash pond, the EPA said.

Lisa Evans, a senior attorney for the environmental group Earthjustice, said the enforcement action “sends a strong message to industry that (compliance with the EPA rule) is not a paperwork exercise. It requires them to clean up these toxic sites.″

Frank Holleman, a lawyer for the Southern Environmental Law Center who has battled Duke Energy and utilities over coal ash disposal, said the enforcement action offers significant protections for clean water nationwide.

“The EPA has sent a clear message that (power plant operators) cannot leave coal ash sitting in primitive, polluting ponds across the country,″ he said.

Utilities in Alabama, Georgia, Tennessee and other states that are still storing coal ash in leaking, unlined pits sitting in groundwater and next to waterways are among those affected by the decision, Holleman said.

Michelle Bloodworth, president and CEO of America’s Power, a trade association that represents coal-fired utilities, said the group was reviewing the EPA’s announcement. “On its face it doesn’t make sense to shut down prematurely coal plants that provide the security of on-site fuel storage or serve as an alternative when prices of natural gas and other sources spike” or are not available, she said.

In a related action, EPA sent letters to operators of four current or closed coal-fired power plants, saying they need to make improvements to coal-ash sites to comply with EPA rules. The AES power plant in Puerto Rico and three closed plants — the former Beckjord power station in Ohio, Tecumseh Energy in Kansas and Gallagher Generating Station in Indiana — all received EPA warning letters.

Coal ash storage and disposal goes back decades, but went largely unregulated until a 2008 spill at a Tennessee Valley Authority power plant in Kingston, Tennessee. A containment dike burst and flooding covered more than 300 acres (121 million hectares), dumped waste into two nearby rivers, destroyed homes and brought national attention to the issue.

In 2014, an estimated 39,000 tons of coal ash spewed into the Dan River after a drainage pipe running below a waste dump collapsed at a Duke Energy plant in Eden, North Carolina. The toxic sludge turned the river gray for more than 70 miles (112 kilometers).

The EPA on Tuesday reiterated its “consistently held position that surface impoundments or landfills cannot be closed with coal ash in contact with groundwater.″ Limiting contact between coal ash and groundwater after closure is critical to minimizing contaminants released into the environment and will help ensure communities near the sites have access to safe water for drinking and recreation, the EPA said.
The world's oceans saw record warming in 2021 as climate change continues apace

David Knowles
·Senior Editor
Tue, January 11, 2022,

Thanks to the relentless pace at which humans are adding greenhouse gases to the atmosphere, ocean temperatures in 2021 were “the hottest ever recorded by humans,” according to a report published Tuesday in Advances in Atmospheric Sciences.

Since 1958, the researchers found, the world’s oceans have warmed at a steady pace. But that rate sharply accelerated in the late 1980s, warming eight times as fast as in the decades prior.

“The increased concentrations of greenhouse gases in the atmosphere from human activities trap heat within the climate system and result in massive changes in the climate system,” the report states.

The seas that are warming fastest, the report says, are the Atlantic, Pacific and Indian oceans. While factors such as El Niño and La Niña weather patterns continue to help determine short-term water temperature conditions, greenhouse gas emissions that trap solar radiation and warm the planet’s atmosphere are the bigger factor for increasing ocean warmth, according to the report

The consequences of rising ocean temperatures range from stronger tropical storms to the accelerated melting of the Earth’s polar ice, which, in combination with the fact that the volume of the oceans expands when warmed, translates into more sea level rise. Warmer oceans result in a greater amount of evaporation, which adds more moisture to the atmosphere and leads to more powerful rain events like those witnessed across the globe in 2021, as well as conditions that give rise to tornadoes.

“We used measurements from the oceans because they are absorbing the vast majority of the heat associated with global warming. In fact, more than 90% of global warming heat ends up in the oceans. I like to say that ‘global warming is really ocean warming,’” John Abraham, a professor of thermal sciences at the University of St. Thomas School of Engineering who contributed to the research, wrote in the Guardian. “If you want to know how fast climate change is happening, the answer is in the oceans.”

Major bleaching of coral reefs in 2019 in Moorea, French Polynesia. (Alexis Rosenfeld/Getty Images).

On Monday, European researchers announced that 2021 was the Earth’s fifth-warmest year on record, with La Niña conditions helping to lower temperatures on land. Still, the pattern of global warming remains crystal clear when one considers that the last seven years represent the seven warmest years for surface temperatures on record. As for ocean warming, 2021 was the third straight year to set a record.

While U.S. greenhouse gas emissions have fallen since their peak in 2005, in 2021 they rose by 6.2 percent over the previous year as the economy began to rebound from the effects of the coronavirus pandemic. Since carbon atoms can last in the atmosphere for up to 1,000 years, scientists have urged the world’s nations to immediately transition away from burning fossil fuels. President Biden has pledged to cut U.S. emissions by 50 percent by 2050, a target that most experts say will be difficult to achieve unless the U.S. Senate passes the president’s Build Back Better spending plan.

The oceans are at risk from climate change, scientists warn, causing events such as coral bleaching that endanger marine habitats.

“By altering distributions of fish stocks and increasing the vulnerability of fish species to diseases, ocean warming is a serious risk to food insecurity and people’s livelihoods globally,” the International Union for Conservation of Nature states on its website.

With the oceans absorbing the bulk of excess heat caused by global greenhouse gas emissions, it’s no wonder that many scientists have long tried to warn the world of what is unfolding. Mika Rantanen, a climate change researcher at the Finnish Meteorological Institute, summed up that sentiment Tuesday, tweeting in response to the latest study.



The last 7 years have been Earth's 7 hottest



Andrew Freedman
AXIOS
Mon, January 10, 2022

The past seven years have been the seven hottest on record, according to the European Union's Copernicus Climate Change Service, which released new global temperature data this morning.

Why it matters: The data shows in vivid detail that, even though 2021 was relatively cool compared to other recent years, it still ranked as the fifth warmest year and continued a trend driven by ever-growing amounts of greenhouse gases in the air.

The big picture: According to Copernicus, the annual global average surface temperature was 1.1-1.2°C (1.98-2.16°F) above pre-industrial levels (1850-1900).

Details: Europe had its hottest summer on record, and saw deadly extreme weather events, such as the flooding that hit Germany, Belgium and several other countries in July. A study subsequently found that climate change made those floods more severe.

The areas with the most unusual warmth during 2021 included the U.S. West Coast, parts of Canada and Greenland, much of central and northern Africa and the Middle East.

The regions that saw cooler-than-average conditions, relative to the 1991-2020 average, were in Siberia, Alaska, parts of the Pacific Ocean, and most of Australia, Copernicus found.

During a sizzling heat wave last summer, a preliminary European heat record was set in Sicily, where the temperature reached 48.8°C (120°F).

Copernicus researchers found wildfire-generated greenhouse gas emissions from North America were the highest on record since such data began in 2003, as the U.S. and Canada contended with massive blazes.

Of note: Both methane and carbon dioxide, two of the leading planet-warming gases, reached new highs in 2021, with methane making a particularly large jump.

Go deeper: U.S. greenhouse gas emissions jumped in 2021

EU report: 2021 was fifth-hottest year on record

People cool off in hot and humid weather at the mist garden near the World's Fair Unisphere in Flushing Meadows-Corona Park in New York City on August 26. A European Union report on Monday said the past seven years have been the hottest in history. Photo by John Angelillo/UPI | License Photo

Jan. 10 (UPI) -- The European Union's climate agency said Monday that 2021 was the fifth-hottest year on record and that the past seven years together have been the warmest ever.

The Copernicus Climate Change Service, an arm of the European Centre for Medium-Range Weather Forecasts, said 2021 was slightly warmer than 2015 and 2018 with its average temperature 0.3 degrees Celsius above the temperature of the 1991-2020 reference point and 1.1-1.2 C above the pre-industrial level of 1850­-1900.

"Only with determined efforts backed up by observational evidence can we make a real difference in our fight against climate catastrophe," said Vincent-Henri Peuch, director of the Copernicus Atmosphere Monitoring Service, according to Politico.

Europe's temperature was 0.1 degrees Celsius over the 1991-2020 average last year but was still its highest temperature on record.

"July saw a very heavy rainfall event in western-central Europe, leading to severe floods in several countries, while the Mediterranean region experienced a heatwave during July and part of August," the report said.

Germany, Belgium, Luxembourg, and the Netherlands suffered severe flooding events while high temperatures affected Greece, Spain and Italy.


Climate disasters killed 688 people and cost the US more than $145 billion last year

asheffey@businessinsider.com (Ayelet Sheffey) 
A bent stop sign in a storm damaged neighborhood after Hurricane Ida on September 4, 2021 in Grand Isle, Louisiana. 
Sean Rayford/Getty Images

Climate disasters last year killed 688 people and cost the US more than $145 billion, a new government report found.

2021 was also the fourth-warmest year on record in the US, with December 2020 having been the warmest of all time.

The costs of the climate crisis bring urgency for Biden to mitigate the financial and physical risks.

The climate crisis ravaged the country last year, and it cost the US money and lives.

The National Oceanic and Atmospheric Administration released an overview of its annual report on Monday, and it found that fire, floods, hurricanes and other natural disasters cost the US $145 billion in losses while resulting in 688 deaths. According to the overview, there were 20 natural-disaster events with losses exceeding $1 billion each in 2021, with severe storm events having the most significant impact.

"Disaster costs over the last five years exceeded a record $742 billion, reflecting the increased exposure and vulnerability of the U.S. to extreme weather and climate events," the report said.

The report also found 2021 was the fourth-warmest year on record in the US, with December 2021 being the warmest December ever recorded. Overall, it marked the third-costliest year on record for climate disasters.

This is just the latest bit of bad climate news. Data continues to show the climate crisis is worsening. A Washington Post analysis last week found 40% of Americans were hit by climate disasters last year, with more than 80% of them experiencing heat waves, reflecting the warming climate. Even if the country acts on the crisis, the United Nations said in August some of global warming's effects would be "irreversible for centuries to millennia."

Amid these worsening conditions, President Joe Biden has taken steps to combat the warming climate. In October, he unveiled a report that focused on mitigating the risks the climate crisis has on Americans' savings and retirement funds, given the transition to clean energy could cause physical assets to lose their value.

He also proposed a $555 billion investment for the climate in his Build Back Better agenda. And although Senate Democrats tabled the agenda to focus on voting rights legislation, Sen. Joe Manchin — the centrist Democrat responsible for the delay — recently said climate "is one that we probably can come to an agreement much easier than anything else."
Natural disasters cost $280 billion in 2021: German insurance firm

German reinsurance giant Munich Re has said that the climate crisis is behind the bulk of the costs. July's floods in western Europe were the second-costliest disaster of the year globally.


Flooding in Germany's Ahr valley destroyed homes and businesses and killed some 200 people

German reinsurance giant Munich Re published a report on Monday indicating that the results of natural disasters cost $280 billion (€247 billion) globally in 2021, highlighting a trend expected to continue upward as climate changes takes it toll.

"Some of the extreme weather events are of the kind that are likely to become more frequent or more severe as a result of climate change," said scientific advisors for the company. "Among these are severe storms in the [United States], including in the winter half-year, or heavy rain followed by floods in Europe."



Where were the costliest natural disasters?


The report noted a high proportion of those costs incurred in the United States, which was battered by hurricanes, floods, and tornadoes in 2021.

Hurricane Ida was the costliest disaster around the world, incurring losses of $65 billion.

It estimated that some $145 billion in damages was incurred across the country, adding that "both overall and insured losses were significantly higher than in the two previous years." In 2019, the total was $52 billion overall.

IN PICTURES: DEADLY EXTREME WEATHER SHOCKS THE WORLD
Rainfall best ally for Spanish firefighters
A wildfire that burned through at least 7,780 hectares (30 square miles) in about a week and devastated forests in southern Spain was brought under control thanks to steady rains. The downpour helped the firefighters, who were backed by some 50 aircrafts. The blaze was one of the most difficult to combat in recent times in Spain. Some 2,600 people were forced to flee their homes.

In Germany, the cost of devastating floods in July 2021 was estimated to be $40 billion, making it the most expensive natural disaster in Germany to date. Rainfall reached a level not seen in the country in a century.

"The deluge triggered flash floods that swept away countless buildings. There was also severe damage to infrastructure, such as railway lines, roads and bridges. More than 220 people were killed," the firm noted.

RETURNING HOME AFTER GERMANY'S DEADLY FLOODS
The devastation left by flooding
The water is slowly receding, but the disaster is far from over. In devastated riverside towns in Germany, people are only slowly working their way through dealing with what the flood has left behind: bulks of mud and piles of rubbish.

Edited by: Richard Connor
Danish spy chief detained over 'highly sensitive' leak

The head of Denmark’s defense intelligence service, Lars Findsen, has been placed in custody over the leak of highly classified information.



Findsen was suspended in 2020 in a possible case of illegal spying on Danish citizens, but was cleared

The chief of Denmark's Defense Intelligence Service (FE), Lars Findsen, has been held in custody for more than a month over an apparent leak, it was revealed on Monday.

Local media said the leak involved "highly sensitive" information. It follows allegations last year that Danish intelligence colluded with the US National Security Agency (NSA) to spy on European leaders and private Danish citizens.
What do we know so far?

The news only emerged at a hearing behind closed doors at Copenhagen Magistrate's Court, when a publication ban was lifted. Findsen's name was revealed at his own request.

It emerged that four current and former employees of the two Danish intelligence services — foreign and domestic — had been detained for leaking highly sensitive information.

Findsen was the only one of them to remain in custody as the investigation proceeds.

"I want the charges brought forward and I plead not guilty. This is completely insane," Findsen told reporters at the hearing.

Public broadcaster DR cited unnamed sources as saying the case related to the leaking of classified information to Danish media outlets.

In 2020, DR reported that the FE had shared raw information cable data with the NSA. As a result, it said, the NSA may have had access to Danish citizens' personal data and private communications.

Authorities have published very little information on the investigation, which is being conducted behind closed doors. The exact charges and the content of the leaked information has not been made public.

It was unclear how long Findsen will be kept in custody, although he was said to have been already detained for more than a month. The Danish public prosecutor's office has declined to comment on the case.


Watch video 02:11 US security agency spied on Germany's Merkel through Danish cables: report

Denmark has two intelligence agencies, the Police Intelligence Service (PET) and the FE, focusing respectively on domestic and foreign intelligence.

Findsen, 52, headed PET from 2002 to 2007 and the FE from 2015 to 2020, when he was suspended over an internal report. The document criticized a possible case of illegal spying on Danish citizens, although Findsen was recently cleared by a commission.

rc/rt (Reuters, dpa, EFE)

The 'forever prisoners' of Guantanamo

The notorious prison camp in Cuba is 20 years old. Over the years, several plans to close it have been rejected. For the detainees, little has changed in the last two decades. Oliver Sallet reports from Guantanamo Bay.


The Guantanamo detention camp opened in January 2002 and has been accused

 of many human rights violations since (FILE)

Mohamedou Ould Slahi spent 14 years behind bars. He was tortured for 70 days and interrogated for 18 hours a day for three years. He lived in Germany prior to his arrest and was suspected of being a high-ranking al-Qaeda operative involved in the September 11 attacks, although this was never proven. 

He was never charged or convicted during his 14 years in Guantanamo. The Mauritanian, who is now 50, was eventually released — but was never compensated for his stolen life.

Defense attorney Nancy Hollander's most high-profile case continues to haunt her to this day. Slahi's story recently made it to the big screen as a motion picture. His crime was taking part in a terrorist training camp in Afghanistan and answering a phone call on Osama bin Laden's satellite phone. This of course does not cast him in the best light, his lawyer recalls, but it also was not enough to indict him.

His is a typical story in Guantanamo.


In the movie 'The Mauritanian', Mahamedou Ould Slahi is played by actor Tahar Rahim

Hollander says that Guantanamo illustrates that the US is a country that is "not one that respects the rule of law,"  labeling it a "disastrous situation." 

This applies not only to the 13 detainees who are being held without charges and have been awaiting their release for years but also to alleged perpetrators of the September 11 attacks, the so-called "forever prisoners," who are also still awaiting trial  20 years after the attacks.

Legal system systematically suspended

This lack of rule of law was no accident but rather a goal of the US administration under President George W. Bush at the time, according to Amnesty International's Guantanamo expert Daphne Eviatar.

"The Bush administration set up an offshore prison specifically to get around the rules of the United States legal system," says Eviatar.

She denounced extensive human rights abuses at Guantanamo in an Amnesty report that documents the indefinite detention of detainees without charge, as well as the torturing of inmates. While there is no publically available proof to back this up, Eviatar did say that various investigations, including one by the US Senate Intelligence Committee, have already documented the brutal torture of dozens of men at Guantanamo.


Abd al-Rahim al-Nashiri, the suspected mastermind behind the bombing of the USS Cole in October 2000















The US Navy base at Guantanamo Bay, Cuba, has been in existence for more than 100 years. It was not until January 2002, a few months after the Sept. 11 attacks, that it was expanded into a detention center that has become notorious.

Anthony Natale, who is defending accused al-Qaeda operative Abd al-Rahim al-Nashiri in court, speaks candidly about his disappointment with Guantanamo: "We're ashamed that everything that made this country one that we could say was a free country, that had equal justice for all, has abandoned all of that."

Press censorship and strict secrecy

Anyone who wants to see Guantanamo firsthand has several obstacles to overcome. For a start, the weekly charter planes from Washington are not allowed to fly through Cuban airspace. Planes must first fly around Cuba to the east and are not allowed to set course for the military base until they are on final approach.

DW only received permission to visit on very short notice after weeks of security checks. Prior to departure, the "ground rules" had to be signed. These stipulate what journalists can expect in Guantanamo: no freedom of movement and, above all, no freedom of the press.

We were not even allowed to see the prison from the outside, and all information from inside is subject to the strictest secrecy, which is inevitably deeply frustrating for the lawyers of the detainees.

Plans, plans, plans

January 11 marks a grim anniversary for the Guantanamo detention center. It raises the question as to why the camp is still allowed to exist today despite the obvious violations of human rights and the rule of law that occur here  — and above all, given that the US war on terror in Afghanistan is over and its troops have withdrawn. This was the justification for the detention center's existence in the first place.

The first plans to close down Guantanamo came at the end of George W. Bush's administration. Barack Obama promised to close it several times, but soon lost his majority in Congress to the Republicans, who in turn introduced a law that said "no one who has ever been in Guantanamo can come to the US for any purpose, trial, medical et cetera," explains Nancy Hollander. This, she says, makes it legally impossible to move inmates to the US.


Will the US leave Guantanamo?

Calls to back up words with actions

President Donald Trump subsequently changed course and announced that Guantanamo would remain open. According to Republicans, Guantanamo continues to protect against terrorist attacks and that transferring inmates to the US would be too dangerous. Guantanamo opponents however argue that the very existence of the camp radicalizes young Muslims.

The next reversal on Guantanamo policy came under President Joe Biden, who announced through his spokeswoman after taking office that he planned to close the camp during his term in office. But when the US Senate Intelligence Committee met recently to address the issue, not a single member of the Biden administration was on hand. This shows, above all, where the priorities of the government are, which so far is not following its words with action, says Nancy Hollander.


US defense lawyer Nancy Hollander

Imprisoned despite a lack of evidence

With its failed infrastructure program and the approaching midterm elections amid low polling numbers, the Biden administration arguably has bigger problems to deal with than Guantanamo. What the future holds for "Gitmo" is completely open. Some of the prisoners could be released as planned. Others could be returned to their countries of origin.

Daphne Eviatar of Amnesty International says she is optimistic about the future. "But as that number gets smaller and smaller it will become more and more clear and how irrational it is, how absurd it is," she adds.

What is also clear is that apart from the well-known moral reasons, one prisoner at Guantanamo costs US taxpayers $13 million a year.

It would be cheaper to have them imprisoned in the US, but that, again, aside from the legal hurdles, is not the answer either, says Nancy Hollander, who calls for the immediate release of all Guantanamo detainees.

"We can't hold people for 20 years without any charge because, according to the US, there is not enough evidence to charge them but we somehow know they're dangerous."

The question of Guantanamo's future can no longer be answered with rational arguments. Like so much in the US, it has become a political pawn in whose shadow the "forever prisoners"have been awaiting trial for 20 years.

Guantanamo, 20 years on: Former detainee Mohamedou Ould Salahi on FRANCE 24

 

It has been 20 years since the first detainees arrived at the Guantanamo US military prison in Cuba on January 11, 2002. At its peak, in 2003, the detention center held nearly 680 prisoners. Mohamedou Ould Salahi was one of them. He explains to FRANCE 24 how in 2001, he was taken from his home in Mauritania and eventually held at Guantánamo Bay for 14 years without charge.
Unstable Kazakhstan a big risk for energy markets

The central Asian country is the world's biggest uranium exporter and is among the top oil and coal producers. The resource-rich state has seen some of the biggest public protests in years, unnerving energy markets.


Kazakhstan is the top exporter of uranium, which is the most widely used nuclear fuel

Kazakhstan has been an anomaly in an otherwise volatile Central Asia. Years of stability in the country have pushed the resource-rich state's economy to grow manifold over the past two decades, propped up by billions in investments from global firms such as Chevron and France's TotalEnergies.

The former Soviet Union state has been rocked by the worst violence that it has seen in its 30 years of independence. Days of unrest — sparked initially by a rise in fuel prices and eventually turning into an uprising against corruption and nepotism — prompted President Kassym-Jomart Tokayev to declare a state of emergency and request troops from Russia and its allies to help quell the protests.

The demonstrations and the subsequent crackdown in the world's top uranium exporter and a major oil and gas producer have left investors anxious amid concerns that the social and political unrest could undermine Kazakhstan's reputation as a reliable investment destination.

"Generally, whichever administration emerges from the unrest, they will be mindful that FDI [foreign direct investment] is the golden goose and will not want to stop it laying eggs," economist Timothy Ash, an expert on the region, told DW. "There is confidence the natural resource sector will remain relatively well insulated, and it is encouraging that there have not been major disruptions to energy and raw material production."

"An interesting question to ask is if the government efforts to quell the protests are very violent, will Western governments be pushed to roll out sanctions as in Belarus. How will this impact investments in Kazakhstan," Ash asked. "I guess the West may well adopt a more pragmatic approach to ESG [Environmental, Social, and Governance] issues, given Kazakhstan's importance for global supply chains."


Watch video02:50 Inequality, corruption led to Kazakhstan unrest

World's top uranium producer

Kazakhstan produces over 40% of the world's uranium, the main fuel for nuclear reactors, making it a key player in the global transition away from fossil fuels. Many governments, including in the European Union, are doubling down on nuclear energy as part of their plans to decarbonize their economies.

State-controlled Kazatomprom, the world's biggest uranium producer, has said the turmoil has had no impact on production or exports so far. However, uranium spot prices rose sharply last week amid worries that the unrest could lead to a major disruption in production.

"Any curtailment of supply from Kazakhstan will clearly be felt across the globe," said Jonathan Hinze, president of nuclear fuel market consultancy UxC. "However, the nuclear fuel market is characterized by very long lead times, so nuclear utilities and upstream processors in the nuclear fuel cycle all hold significant pipeline as well as strategic inventories, which helps insulate them against any near-term supply disruptions."

Cameco, a major Canadian uranium producer and Kazatomprom's joint-venture partner, warned that any disruption in Kazakhstan could be a "significant catalyst in the uranium market."

"If nothing else, it's a reminder for utilities that an overreliance on any one source of supply is risky," a Cameco spokesperson said in a statement.

Kazakhstan, which supplies 20% of Europe's annual uranium needs, has emerged as an outsized player in the uranium market thanks to low costs of production in the country, a key factor for uranium producers in a post-Fukushima world where demand and prices for the nuclear fuel sank.

However, uranium prices have made a comeback in the past few years as countries bet on nuclear power to tackle climate change.

"The recent issues in Kazakhstan could certainly give a big boost to producers outside of Kazakhstan as utilities look to diversify away from overreliance on Kazakh uranium," Hinze told DW.

Rich fossil fuel resources

Kazakhstan, a member of the OPEC+, is the biggest oil producer in Central Asia, extracting about 1.6 million barrels of oil per day. Most of the fossil fuel it produces is shipped abroad, including to the European Union and China. The country has the 12-highest proven oil reserves in the world with 30 billion barrels of crude oil reserves.

The country is also among the top coal suppliers, producing 108 million tons in 2018.

The hydrocarbons sector has attracted about 60% of foreign direct investment (FDI) in Kazakhstan since 1991 and accounts for more than half of the country's exports revenue. Global oil majors such as ExxonMobil, Chevron, Italy's Eni and France's TotalEnergies have invested billions of dollars in the country over the years, helping foster its oil and gas growth.

In 2018, the country was the world's ninth-largest exporter of coal and crude oil and 12th of natural gas, according to the International Energy Agency. About 80% of Kazakhstan's annual oil exports are shipped to the European Union.

The current protests have yet to impact production at Kazakhstan's largest three oil fields — Tengiz operated by a Chevron-led consortium, plus Shell-owned Kashagan and Karachaganak.

"[The unrest] is coming at a time when OPEC+ is struggling to hit its quotas which is keeping upward pressure on oil prices. Should we see further outages, prices could climb above their October peak and, depending on the level of disruption, triple-digit prices may not be far away," Craig Erlam, senior market analyst at OANDA, told DW.


Watch video01:38  A closer look at Kazakhstan's recent history


Edited by: Hardy Graupner

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Kazakhstan: What's behind the unrest?

Kazakhstan is experiencing the heaviest unrest in its history. For a long time, Russia's second most important ally in the post-Soviet realm was known as stable — so what happened? DW has the background.

AUDIOS AND VIDEOS ON THE TOPIC
Protests plunge Kazakhstan into crisis

Kazakhstan Detains Almost 10,000 Over Deadly Unrest

INTERNATIONAL
Reuters Jan 11, 2022
Military vehicles patrol streets in central Almaty, Kazakhstan on Jan. 7, 2022. 
(Alexandr Bogdanov/AFP via Getty Images)

Security forces in Kazakhstan have detained 9,900 people regarding last week’s unrest, the interior ministry of the central Asian nation said on Tuesday.

President Kassym-Jomart Tokayev, who called the violence a coup attempt, nominated Alikhan Smailov for prime minister on Tuesday, and the lower house of parliament swiftly voted him in during a session broadcast live on state television.

Smailov, 49, served as first deputy prime minister in the previous cabinet which Tokayev dismissed last week amid violent unrest.

The oil-rich former Soviet republic says government buildings were attacked in several major cities after initially peaceful protests against hikes in the price of car fuel turned violent.

Tokayev has said Islamist militants from regional nations and Afghanistan, as well as the Middle East, were among the attackers.

He dismissed his cabinet amid the unrest, along with a number of security officials and detained on suspicion of treason the most senior among them, Karim Masimov, a former head of the national security committee.

Protesters attend a rally triggered by energy price hikes in Almaty,
 Kazakhstan, on Jan. 4, 2022. (Abduaziz Madyarov/AFP via Getty Images)

The demonstrations began on Jan. 2 over a near-doubling of prices for vehicle fuel and quickly spread across the country, with political slogans reflecting wider discontent with Kazakhstan’s authoritarian government.

In a concession, the government announced a 180-day price cap on vehicle fuel and a moratorium on utility rate increases. As the unrest mounted, the ministerial cabinet resigned and the president replaced Nursultan Nazarbayev, former longtime leader of Kazakhstan, as head of the National Security Council.

One of the main slogans of the past week’s protests, “Old man out,” was a reference to Nazarbayev, who served as president from Kazakhstan’s independence until he resigned in 2019 and anointed Tokayev as his successor. Nazarbayev had retained substantial power at the helm of the National Security Council.

Despite the concessions, the protests turned extremely violent for several days. In Almaty, Kazakhstan’s largest city, the protesters set the city hall on fire and stormed and briefly seized the airport. For several days, sporadic gunfire was reported in the city streets.
A burned-out administrative building is seen behind a fence in central Almaty, Kazakhstan on Jan. 6, 2022. 
(Alexandr Bogdanov/AFP via Getty Images)

The authorities declared a state of emergency over the unrest, and Tokayev requested help from the Collective Security Treaty Organization, a Russia-led military alliance of six former Soviet states. The group has authorized sending about 2,500 mostly Russian troops to Kazakhstan as peacekeepers.

Tokayev has said the demonstrations were instigated by “terrorists” with foreign backing, although the protests have shown no obvious leaders or organization. On Friday, he said he ordered police and the military to shoot to kill “terrorists” involved in the violence.

The Associated Press contributed to this report

Kazakhstan unrest: Thousands detained, gov't reforms regarded as 'relatively cosmetic'

Issued on: 11/01/2022 


President Kassym-Jomart Tokayev on Monday described the unrest that followed initially peaceful protests against rising energy prices as a “terrorist aggression" and dismissed reports that authorities targeted peaceful demonstrators as “disinformation.” Dr. Assel Tutumlu, Assistant Professor at Near East University, says that the president refuses to cede any ground and continues to rule with an iron fist. So-called government reforms still do "not allow the grassroots movement to communicate with the regime," explains Dr. Assel Tutumlu. Until there's authentic reform of Kazakhstan's political and socioeconomic system, she doesn't think "we are going to see the termination of protests."