Routine treatment to preserve donated hearts shows no benefit in recent study

By Dennis Thompson, HealthDay News
HEALTH NEWS
DEC. 1, 2023 /

A routine treatment made no significant difference in the number of hearts successfully transplanted from a group of more than 800 organ donors, according to a new study. Photo by Sasin Tipchai/Pixabay



A technique doctors use to preserve donated organs is actually doing no good, and might even be harming the organs, a new study reports.

Physicians routinely dose deceased organ donors with thyroid hormones, in a bid to preserve heart function and keep the donors' organs healthy and viable.

But thyroid hormone treatment made no significant difference in the number of hearts successfully transplanted from a group of more than 800 organ donors, according to results published in Thursday's issue of the New England Journal of Medicine.

Further, thyroid hormone was more likely to cause high blood pressure and increased heart rate in the bodies of deceased donors, researchers found.

"We found good evidence that this intervention we've been using for 40 years doesn't work," said researcher Dr. Raj Dhar, a professor of neurology at Washington University in St. Louis. "Our findings tell us we should halt this practice."

Managing deceased donor bodies by administering thyroid hormone is a procedure that's been adopted by more than 70% of organ-procurement organizations and is used on thousands of organ donors each year, researchers said.

But no one has ever rigorously studied whether giving the hormone to donors on life support actually improves the success rate for donations, he said.

Donor patients declared brain dead can provide up to eight organs, if all are in good shape, but it can take up to 72 hours from the time of brain death for a transplant surgery to take place.

During that time, doctors work to keep donors' hearts beating as normally as possible, to preserve the health of the organs.

Despite those efforts, about half of all such hearts deteriorate and are not suitable for transplantation when the time comes, researchers said.

"It's vital that we explore questions like this to ensure we are doing all we can for patients who need organs -- and to ensure that they receive the most benefit possible from the generous people who choose to donate organs," Dhar said in a university news release.

Previous observational studies had suggested that thyroid hormones might increase the viability of a still-beating donor heart. Thyroid hormones influence heartbeat, and levels of the hormone can decline once the brain stops working.

However, some doctors have been concerned that providing IV thyroid hormones to a donor body might increase the risk of fast heart rate and high blood pressure -- potentially damaging the heart and other organs.

For this study, a team across 15 organ-procurement organizations nationwide randomly assigned half of a group of 838 deceased organ donors to receive a synthetic thyroid hormone called levothyroxine. The rest were just given a saline drip.

Just over half of the hearts from each group were suitable for transplantation -- 230 (55%) from the thyroid hormone group and 223 (53%) from the saline placebo group.

Of those, about 97% of the thyroid-treated hearts and 96% of the placebo-treated hearts still worked well for recipients after 30 days.

But doctors also found that high blood pressure and fast heart rate in deceased donors' bodies became less severe or disappeared when thyroid hormone doses were reduced or discontinued, suggesting that thyroid might be causing overstimulation of the hearts.

"It turns out that it doesn't have any benefit and may cause some harm," Dhar said.

After seeing the trial results, several organ-procurement organizations have stopped using thyroid hormone in treatment of organ donors, Dhar noted.

More information

The Mayo Clinic has more about organ donation.

Copyright © 2023 HealthDay. All rights reserved.

Persistent brain inflammation from collision sports could have long-term effects

By Ernie Mundell, HealthDay News

Participating in repeated collision sports like football may have a direct link to long-term inflammation in the brain, researchers say. Photo by David Tulis/UPI | License Photo

The repeat head injuries suffered by football players, boxers and other athletes appear to affect brain health long after players have given up their sport.

New research from Johns Hopkins University in Baltimore could explain why: The persistence in the brain of inflammation tied to the original injury or injuries.

"The findings show that participating in repeated collision sports like football may have a direct link to long-term inflammation in the brain," study senior author Dr. Jennifer Coughlin said in a university news release.

She's an associate professor of psychiatry and behavioral sciences at Hopkins.

Related

Study links brain inflammation to mood problems in Alzheimer's
Brain inflammation in young children may contribute to autism, schizophrenia
Traumatic brain injury linked to heart problems

Key to the new findings is a brain "repair protein," with the unwieldy name of 18 kDa translocator protein -- shortened to TSPO.

Whenever a brain sustains injury, TSPO levels quickly rise as the brain tries to heal. TSPO is closely associated with immune cells in the brain called microglia, Coughlin's group noted.

It was thought that spikes in TSPO were only temporary. However, prior studies revealed that levels of the pro-inflammatory protein can remain elevated for up to 17 years.

In the new study, the Hopkins team examined PET and MRI brain scans of 27 former NFL players, taken between 2018 and early 2023

They used the scans to compare levels of TSPO in the football players' brains to those seen in brain scans of 27 former pro college swimmers -- athletes who would not be expected to have sustained head injuries.

The swimmers and the football players were all male and ranged between 24 and 45 years of age.

Brain levels of TSPO were higher, on average, in scans taken from the football players versus those from the swimmers.

Football players also performed notably worse than swimmers on tests that tracked learning and memory skills.

"These findings are relevant to both collision sport athletes and other populations that suffer from single or reoccurring mild TBIs, including those experienced during military training and repeated head-banging behaviors in children," Coughlin said in a Hopkins news release.

Should treatments to lower brain TSPO be given to older individuals with a history of head injury? Probably not, the researchers cautioned.

"Since TSPO is associated with [brain] repair, we don't recommend the use of drugs or other interventions at this time," Coughlin explained. "Instead, we will continue to monitor TSPO levels through more research, in order to test for sign of resolution of the injury with more time away from the game."

Following more research, it might be possible to find treatments that can safely reduce long-term inflammation in the brain, the researchers said.

With that in mind, Coughlin's group plans to track TSPO levels in the brains of former NFL athletes over time, seeing which brains heal and which do not. That could give clues to new treatments or guidelines that would encourage long-term healing.

The findings were published recently in the journal JAMA Network Open.

More information

There's more on the health impact of sports-related concussion at the University of Michigan.

Copyright © 2023 HealthDay. All rights reserved.

NASA shuttle astronaut, scientist Mary Cleave remembered as 'trailblazer'

NASA is remembering astronaut and scientist Dr. Mary Cleave, who became NASA's first woman associate administrator for NASA's Science Mission Directorate. She died Nov. 27. Photo courtesy of NASA

Nov. 30 (UPI) -- NASA on Thursday paid tribute to retired astronaut Mary Cleave, the first woman associate administrator for NASA's Science Mission Directorate, who died Nov. 27 at 76.

Cleave, a veteran of two NASA spaceflights, became an astronaut in 1980.

"I'm sad we've lost trailblazer Dr. Mary Cleave, shuttle astronaut, veteran of two spaceflights, and first woman to lead the Science Mission Directorate as associate administrator," said NASA Associate Administrator Bob Cabana in a statement. "Mary was a force of nature with a passion for science, exploration and caring for our home planet. She will be missed."

Her first mission was Nov. 26, 1985, aboard the space shuttle Atlantis for deployment of communications satellites and two six-hour spacewalks.

Cleave operated the Continuous Flow Electrophoresis experiment for McDonnell Douglas on that mission.

Cleave's second mission, also on the Atlantis, was a four-day flight in May 1989 to deploy the Magellan Venus exploration spacecraft. It was the first planetary probe to be launched fro ma space shuttle, according to NASA.

Magellan was successful, mapping over 95% of the surface of Venus.

Beginning in 1991 Cleave worked in NASA's Laboratory for Hydrospheric Processes as the project manager for SeaWiFS (Sea-viewing, Wide-Field-of-view-Sensor). That was a color sensor for the ocean that monitored global vegetation.

NASA said in a statement that from Aug. 2005 to Feb. 2007, Cleave "guided an array of research and scientific exploration programs for planet Earth, space weather, the solar system, and the universe" as associate administrator for NASA's Science Mission Directorate.

In Dec. 2005, NASA's Stardust interstellar mission returned to Earth after a 3 billion mile journey to study comets and the origins of the solar system.

Cleave said at the time, "Comets are some of the most informative occupants of the solar system," said Mary Cleave, associate administrator for NASA's Science Mission Directorate. "The more we can learn from science exploration missions like Stardust, the more we can prepare for human exploration to the moon, Mars and beyond."

During her career she was awarded two NASA Space Flight medals; two NASA Exceptional Service medals; a NASA Exceptional Achievement Medal; NASA Engineer of the Year; and an American Astronautical Society Flight Achievement Award.

Cleave retired in February 2007.

Russian Progress 86 spacecraft lifts off with supplies for ISS


A Russian Progress spacecraft took off from Kazakhstan carrying supplies for the International Space Station Friday, according to NASA. 

Photo Courtesy of NASA

Dec. 1 (UPI) -- A Russian rocket carrying supplies for the International Space Station took off Friday from the Baikonur Cosmodrome in Kazakhstan.

The Progress 86 spacecraft lifted off at about 4:25 a.m. EST Friday.

The Progress is an uncrewed spacecraft based on the design of the crewed Soyuz spacecraft that frequently carries crew to the ISS.

Unlike Soyuz spacecraft, which are designed to survive re-entry and return their crew safely to Earth, the Progress spacecraft is intended to mostly burn up on re-entry.

"The resupply ship reached preliminary orbit and deployed its solar arrays and navigational antennas as planned on its way to meet up with the orbiting laboratory and its Expedition 70 crew members," NASA said in a press release Friday.

According to NASA, the Progress 86 "will deliver almost three tons of food, fuel and supplies."

The spacecraft is scheduled to dock with at the International Space Station's Poisk module at 6:14 a.m. EST on Sunday.

NASA coverage of the docking will begin at about 5 a.m. Sunday.

A previous Russian supply spacecraft, Progress 84/MS-23 undocked from the ISS on Wednesday and reentered the atmosphere where it burned up.

Firearm suicide rates up 11% since 2019, CDC says
In 2022, non-Hispanic white Americans had highest overall firearm suicide rate with 11.1 per 100,000

Suicide rates have increased 11% since 2019, according to the Centers for Disease Control and Prevention, which examined data from between 2019 and 2021, along with preliminary data from 2022. 

Nov. 30 (UPI) -- Suicides by firearm have increased 11% since 2019, according to the Centers for Disease Control and Prevention.

"Suicide, including firearm suicide, remains a substantial public health concern in the United States," the CDC said in a press release Thursday.

Data from between 2019 and 2021 was analyzed, along with preliminary data from 2022.

The CDC found that for the overall U.S. population, "firearm suicide rates increased approximately 11% from 7.3 per 100,000 during 2019 to 8.1 during 2022."

The CDC said the increase is the largest it has observed since it kept keeping data on suicides in 1968.

According to the CDC, suicide rates have increased among all ethnic and racial groups but the increases vary drastically.

Non-Hispanic white Americans experienced the highest overall firearm suicide rate with 11.1 per 100,000 in 2022, up from 10.2 in 2019.

American Indians experienced the most drastic increase of 66%, with 10.6 firearm suicides per 100,000 people in 2022 up from 6.4 per 100,000 people in 2019.

Firearm suicides among Black Americans increased 42% between 2019 and 2022, while suicides among Hispanic Americans increased 28% during the same time period.

If you or someone you know is suicidal, call the National Suicide Prevention Lifeline at 988.

Russia's high court bans 'international LGBT public movement'

U.N. criticizes move as justices label gay rights as 'extremist'

RUSSIA'S WAR ON HUMAN RIGHTS

Nov. 30 (UPI) -- Russia's highest court has ruled that "the international LGBT public movement," is an extremist organization and is, therefore, prohibited.

Earlier this month, the Russian Justice Ministry filed a suit asking the court to make the declaration.

The Justice Ministry said that what it describes as "the international LGBT movement," incites "social and religious discord."

The court said their ruling was to "sustain the claim by the Justice Ministry to recognize the LGBT movement as extremist."

Volker Turk, the United Nations high commissioner for human rights, denounced the ruling.

"This decision exposes human rights defenders and anyone standing up for the human rights of LGBT people to being labeled as 'extremist' -- a term that has serious social and criminal ramifications in Russia," Turk said as he demanded the immediate repeal of laws targeting the LGBTQ community.

"I call on Russian authorities to repeal, immediately, laws that place improper restrictions on the work of human rights defenders or that discriminate against LGBT people," Turk said. "The law must uphold and defend the principals of equality and non-discrimination."

Human rights NGOs also denounced the ruling and said its vague language could be used to persecute dissent.

"Russian authorities have long misused Russia's broad and vague anti-extremism legislation to prosecute peaceful critics," Human Rights Watch said in a press release Thursday.

 

Police raid Moscow gay bars after a Supreme Court ruling labeled LGBTQ+ movement ‘extremist’

FILE - A gay rights activist stands with a rainbow flag, in front of journalists, during a protesting picket at Dvortsovaya (Palace) Square in St.Petersburg, Russia, Sunday, Aug. 2, 2015. Russia’s Supreme Court on Thursday, Nov. 30, 2023, effectively outlawed LGBTQ+ activism, in the most drastic step against advocates of gay, lesbian and transgender rights in the increasingly conservative country. (AP Photo, File)

BY THE ASSOCIATED PRESS
 December 2, 2023

Russian security forces raided gay clubs and bars across Moscow Friday night, less than 48 hours after the country’s top court banned what it called the “global LGBTQ+ movement” as an extremist organization.

Police searched venues across the Russian capital, including a nightclub, a male sauna, and a bar that hosted LGBTQ+ parties, under the pretext of a drug raid, local media reported.

Eyewitnesses told journalists that clubgoers’ documents were checked and photographed by the security services. They also said that managers had been able to warn patrons before police arrived.
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The raids follow a decision by Russia’s Supreme Court to label the country’s LGBTQ+ “movement” as an extremist organization.

The ruling, which was made in response to a lawsuit filed by the Justice Ministry, is the latest step in a decadelong crackdown on LGBTQ+ rights under President Vladimir Putin, who has emphasized “traditional family values” during his 24 years in power.

Activists have noted the lawsuit was lodged against a movement that is not an official entity, and that under its broad and vague definition authorities could crack down on any individuals or groups deemed to be part of it.

Several LGBTQ+ venues have already closed following the decision, including St. Petersburg’s gay club Central Station. It wrote on social media Friday that the owner would no longer allow the bar to operate with the law in effect.

Max Olenichev, a human rights lawyer who works with the Russian LGBTQ+ community, told The Associated Press before the ruling that it effectively bans organized activity to defend the rights of LGBTQ+ people.

“In practice, it could happen that the Russian authorities, with this court ruling in hand, will enforce (the ruling) against LGBTQ+ initiatives that work in Russia, considering them a part of this civic movement,” Olenichev said.

Before the ruling, leading Russian human rights groups had filed a document with the Supreme Court that called the Justice Ministry lawsuit discriminatory and a violation of Russia’s constitution. Some LGBTQ+ activists tried to become a party in the case but were rebuffed by the court.

In 2013, the Kremlin adopted the first legislation restricting LGBTQ+ rights, known as the “gay propaganda” law, banning any public endorsement of “nontraditional sexual relations” among minors. In 2020, constitutional reforms pushed through by Putin to extend his rule by two more terms also included a provision to outlaw same-sex marriage.

After sending troops into Ukraine in 2022, the Kremlin ramped up a campaign against what it called the West’s “degrading” influence. Rights advocates saw it as an attempt to legitimize the war. That same year, a law was passed banning propaganda of “nontraditional sexual relations” among adults, also, effectively outlawing any public endorsement of LGBTQ+ people.

Another law passed this year prohibited gender transitioning procedures and gender-affirming care for transgender people. The legislation prohibited any “medical interventions aimed at changing the sex of a person,” as well as changing one’s gender in official documents and public records.

Russian authorities reject accusations of LGBTQ+ discrimination. Earlier this month, Russian media quoted Deputy Justice Minister Andrei Loginov as saying that “the rights of LGBT people in Russia are protected” legally. He was presenting a report on human rights in Russia to the U.N. Human Rights Council in Geneva, arguing that “restraining public demonstration of nontraditional sexual relationships or preferences is not a form of censure for them.”

The Supreme Court case is classified and it remains unclear how LGBTQ+ activists and symbols will be restricted.

Many people will consider leaving Russia before they become targeted, said Olga Baranova, director of the Moscow Community Center for LGBTQ+ Initiatives.

“It is clear for us that they’re once again making us out as a domestic enemy to shift the focus from all the other problems that are in abundance in Russia,” Baranova told the AP.

Study: Meditation offers real benefits to seniors' psychological well-being


A woman meditates in a park in China where people have long incorporated mediation into their daily lives to balance the pressures of making a living and raising a family. Now, a major randomized, controlled European trial has shown the benefits to psychological well-being that meditation provides are real. 

File photo by Stephen Shaver/UPI | License Photo

Dec. 1 (UPI) -- Meditating for 20 minutes daily for 18 months naturally boosted the psychological well-being of seniors, results from a new randomized controlled trial out Friday show.

The trial involving 130 otherwise healthy French speakers aged 65-84 in Caen, France, improved participants' awareness, connection to others and insight, according to the research conducted by a University College London-led consortium of European Universities and research centers and published in the journal PLOS ONE.

"As the global population ages, it is increasingly crucial to understand how we can support older adults in maintaining and deepening their psychological well-being. In our study, we tested whether long-term meditation training can enhance important dimensions of wellbeing," Marco Schlosser, a University College London psychiatry research fellow and University of Geneva doctoral candidate, said in a news release.

"Our findings suggest that meditation is a promising non-pharmacological approach to support human flourishing in late life."

The trial compared the test group, which followed an 18-month mediation program, 9 months' mindfulness training, a 9-month loving kindness and compassion module via weekly group sessions and a retreat day, with a group that received English lessons and a control group, which did neither.

The study found meditation training did no better than language classes in improving subjects' quality of life or one of the most commonly used measures of psychological well-being -- but the researchers suggest this may be due to limitations of existing tools for monitoring well-being.

The two conventional benchmarks, the researchers said, fail to encompass the qualities and depth of human flourishing that can be by fostered through longer-term meditation training, with the result that awareness, connection and insight benefits go unnoticed.

However, the longest randomized meditation training trial ever conducted did find meditation significantly boosted a global score of well-being dimensions of awareness, connection and insight, with awareness defined as "an undistracted and intimate attentiveness to one's thoughts, feelings and surroundings, which can support a sense of calm and deep satisfaction."

"Connection" relates to emotions including respect, gratitude and kinship that can help improve relationships with others. Insight refers to a self-knowledge and understanding of how thoughts and feelings participate in shaping our perception and how to switch-up negative thoughts about ourselves and the world around

The worse a person's psychological state is, the greater the benefit the therapy confers. Positive outcomes were most significant among test participants reporting the lowest levels of mental well-being at the start of the trial who made the most progress, compared with those who entered the trial with high well-being scores.

The researchers say more research is needed to identify groups that might gain the greatest benefit from mediation training and to refine programs so that they deliver the maximum gains.

"By showing the potential of meditation programs, our findings pave the way for more targeted and effective programs that can help older adults flourish, as we seek to go beyond simply preventing disease or ill-health, and instead take a holistic approach to helping people across the full spectrum of human wellbeing, said senior author Antoine Lutz of the Lyon Neuroscience Research Center at Inserm.

The study was led by the European Union's Horizon 2020-funded Medit-Ageing research group which comprises UCL, Inserm, University of Geneva, Université de Caen Normandy, Lyon Neuroscience Research Center, University of Liege, Technische Universitat Dresden and Friedrich Schiller University Jena.

CRIMINAL CAPITALI$M

U.S. fines three Chinese accounting firms $7.9M for violating securities laws


The Public Company Accounting Oversight Board Thursday fined three Chinese accounting firms $7.9 million for allegedly violating U,S, securities laws. 

File Photo by Stephen Shaver/UPI | License Photo


Dec. 1 (UPI) -- The U.S. Public Company Accounting Oversight Board fined three Chinese firms and four people affiliated with them $7.9 million Thursday for allegedly violating U.S. securities laws and other misconduct.

PwC

 PRICE COOPERS WATERHOUSE ACCOUNTANTS

Public accounting companies PwC China and PwC Hong Kong, were fined $7 million for allowing more than 1,000 people from PwC Hong Kong and hundreds more from PwC China to share answers to tests for mandatory internal training.

Two unauthorized software applications were used to share answers to the tests.

PCAOB said they violated quality control standards related to integrity and personnel management.

PwC China and PwC Hong Kong agreed to pay the fines without admitting or denying the board's findings.

Accounting firm Shandong Haoxin was fined $750,000 and four people associated with it were fined $190,000 for violating securities laws.

Haoxin was also censured and cannot accept new PCAOB accounting clients. An independent monitor was also assigned to improve practices at the company and to ensure future compliance.

PCAOB said the company made false statements on an audit report and violated "independence requirements and/or PCAOB auditing, ethics, and/or quality control rules and standards."

Haoxin and the individuals sanctioned agreed to the penalties without admitting or denying the board's findings.

The sanctioned individuals were Liu Kun. Ma Yao, Sun Penghuan and Zhu Dawei. They are also barred from being "associated persons of a registered public accounting firm."

According to PCAOB, these are the first enforcement settlements with Chinese and Hong Kong companies since the oversight board gained powers to inspect and investigate Chinese firms.

It said they are also the largest civil financial penalties the board has levied against a China-based company.

"The days of China-based firms evading accountability are over. The PCAOB will take action to protect investors on U.S. markets and impose tough sanctions against anyone who violates PCAOB rules and standards, no matter where they are located," said PCAOB Chair Erica Y. Williams in a statement.

AUSTRALIA

PwC should be ‘investigated by AFP’ for tax leak

A recent piece in the Australian Financial Review cites new CLARS Affiliate, Honorary Professor Brent Fisse.

Anyone who thought Australia's organisational culture problems might have come to an end with the 2019 Banking Royal Commission will be sadly disappointed by the escalating PwC international tax scandal.

The excellent recent piece by Tom Burton in the Australian Financial Review (see extract below), cites new CLARS Affiliate, Honorary Professor Brent Fisse, describing the scandal as PwC's 'Enron moment'.

In the full article, Professor Fisse dissects the possible legal offences and penalties (both in Australia and the United States) that could be relevant further down the line. A must read for anyone interested in accountability for flawed organisational culture!

PwC should be ‘investigated by AFP’ for tax leak
17 May 2023

Federal authorities should investigate PwC for possible criminal breaches over its alleged breaches of confidentiality and look at imposing a US-style deferred prosecution agreement on the accounting and consulting giant, according to corporate law expert Brent Fisse. A former partner with Gilbert+Tobin, Mr Fisse has lectured and written extensively about corporate law, responsibility and accountability and warned PwC to take seriously its situation.

PwC has been warned it faces an “Enron” moment, similar to that faced by US accounting giant Arthur Anderson after an accounting scandal engulfed the energy giant.

“PwC wouldn’t want to underestimate what they’re up against,” Mr Fisse said. “We’re all familiar with the Enron moment that sent Arthur Andersen out of business, and this is starting to look a lot like that.”

This article was published on the Monash Lens. Read the original article (Paywall).

Review of PwC tax leaks scandal will not stop conflicts of interest engulfing consulting firms

By business reporter Nassim Khadem
Posted Tue 26 Sep 2023 

The big four accounting firms are facing scrutiny at a Senate inquiry. 

(ABC News: John Gunn; Reuters: Wolfgang Rattay)

Former Telstra CEO Ziggy Switkowski's internal review into PwC following the tax leaks scandal is unlikely to stop further scrutiny of the big four accounting giant and other consulting firms.

The embattled firm had tapped Switkowski to lead an "independent" internal inquiry, but its limited terms of reference mean that important details about the tax leaks scandal aren't the focus of the review.

Switkowski was not specifically asked to investigate the tax leaks or past conduct at the firm, but to instead focus on how PwC could reform its governance structure, the culture of the firm and how leaders were held to account.

PwC knows this is an important PR exercise – and it's one that it's been closely managing.
Ziggy Switkowski has led the internal review into PwC. (Mark Nolan: Getty Images)

The firm was hoping that its review would draw a line in the sand over the damaging revelations that some of its senior partners misused confidential Australian government information to help big multinational companies avoid paying more tax.

Since the scandal erupted, the company's Australian CEO has quit, nine senior partners have been stood down, and the man at the centre of the scandal, Peter Collins, is being investigated by the Australian Federal Police.

In a recent call with former partners, PwC chief executive Kevin Burrowes — who was brought in by PwC's global leadership after the scandal to run the Australian arm — said the international investigation was likely to find a "reasonably clean bill of health". He had also said there were "one or two small instances" where international partners were involved.

PwC Australia's senior management was handed a draft of a report weeks ago but decided to wait for another round of parliamentary hearings into the use of consultants before publicly releasing the review.

But it's unlikely this is the end of an intense probe into PwC and the way other firms manage conflicts of interest

.
Former PwC partner Peter Collins appears before Senate estimates in Canberra.(ABC News)

The review is unlikely to satisfy those calling for much bigger changes, including federal politicians who want to see PwC partners implicated in the scandal jailed.

The PwC controversy has also reignited a global debate about whether accounting firms need to split their lucrative consulting services from their audit functions.

For decades, the big four — Deloitte, PwC, KPMG and EY — have had an inherent conflict of interest whereby they get paid to both advise the nation's largest corporations as well as audit them.

It's no secret that the big four firms help companies minimise tax, and their ability to push the boundaries has been the subject of a previous Senate inquiry into corporate tax avoidance.

Operating in almost every country, the big four collectively employ more than 1 million people, and most of their revenue growth is from their consulting side.

In 2021, the global consulting services market was valued at between $US700 billion ($1.09 trillion) and $US900 billion (1.4 trillion).
The review is unlikely to satisfy those calling for much bigger changes, including federal politicians who want to see PwC partners implicated in the tax leaks scandal jailed.(AAP: Joel Carrett)

Regulators further probe PwC, questions rise over ATO settlement

The release of the review into PwC comes after an array of investigations and inquiries, including a probe by the Australian Taxation Office (ATO), as well as a new round of investigations by the Tax Practitioners Board (TPB), which is the agency that regulates tax agents.

On Tuesday the TPB told a Senate inquiry into consulting services that it was conducting preliminary investigations into several former partners at PwC — beyond the nine who have already left because of the tax scandal.

TPB chairman Peter de Cure told the inquiry his organisation had "started a formal investigation focused on one person" who used to be a partner at PwC.

And the body's chief executive, Michael O'Neill, said the TPB was continuing with preliminary inquiries into other current and former PwC partners and into PwC itself.

The ATO was later probed about how much knowledge former PwC chief executive Luke Sayers knew about the tax leak scandal before leaving the firm.

ATO second commissioner Jeremy Hirschhorn said he had personally asked Sayers at two meetings in 2019 and 2020 to investigate the PwC emails obtained by the ATO.
Jeremy Hirschhorn has defended the ATO's use of settlements with big companies, arguing it does not do "sweetheart deals". (AAP Image: Mick Tsikas)

Senator Barbara Pocock, questioning Hirschhorn during the committee hearing, said it was "absolutely implausible" that Sayers had no knowledge of confidentiality breaches.

The ATO was also criticised by Pocock at the inquiry for reaching a settlement with a 50 per cent reduction in penalty for PwC in March 2023.

The settlement came after what the ATO claims were false claims for legal professional privilege over 150 documents that related to tax advice PwC gave to a multinational client.

It also came after the TPB in November made findings that the firm used information provided by Peter Collins in breach of the confidentiality agreement signed with the Treasury to market tax avoidance schemes to PwC clients in 2016 and 2017.

The ATO then concealed the deal with PwC from the TPB, only disclosing it to the Senate Committee on Finance and Public Administration References Committee in late July.

The inquiry heard how Tax Commissioner Chris Jordan tried to prevent the TPB from accessing information on that settlement.
The inquiry heard how Tax Commissioner Chris Jordan tried to prevent the TPB from accessing information on a settlement with a PwC client.(ABC News: Mark Moore)

Evidence was given that Jordan wrote to the TPB saying that its release would damage the trust and confidence that taxpayers had in dealing with the ATO and would threaten tax administration.

"What damage is made to tax administration by revealing the level of discount or payment by a large multinational in its tax avoidance strategies? Where's the damage?" Pocock asked.

Hirschhorn defended the ATO's settlement saying, "Large businesses do not get sweetheart deals," and: "We put rigorous controls around the settlements."

Boston Consulting Group (BCG) and McKinsey Australia fronted the inquiry after initially declining to appear.

McKinsey and BCG, which have entered contracts worth more than $120 million in fees from the federal government in the past two years, were questioned over the level of executive pay for individual government contracts as well as their relationship with senior bureaucrats in winning lucrative contracts.

Pocock said McKinsey was paid $660,000 for one week's worth of work — consulting on the COVID-19 vaccine rollout.

But at the inquiry, the firm refused to give details on executive salaries, and questions were raised about whether taxpayers were getting good value for money.

On Wednesday the Senate will continue its probe, calling the Department of Finance and KPMG to give evidence.

Greens senator Barbara Pocock has been questioning regulators involved in the PwC tax leaks.(ABC news: Ian Cutmore)

Should big four accounting firms' functions be split?

As more firms front the inquiry, global regulators have already made clear they don't think big four firms can manage conflicts of interest with dual roles of audit and advisory.

Following a string of high-profile accounting scandals, several countries have already slapped restrictions around firms doing consulting work for companies they audit.

In addition, the UK's auditing and accounting regulator, the Financial Reporting Council (FRC), in 2020 established a June 2024 deadline for the big four firms to split their audit and consulting businesses to improve corporate reporting.

The FRC noted at the time that between 2012 and 2018 combined consulting and advisory revenue for the big four grew 44 per cent, compared to just 3 per cent growth in their auditing businesses.

It said the move to split the functions would help ensure that audit practices were focused on the "delivery of high-quality audits in the public interest".

Ernst & Young in the UK had toyed with breaking up its audit and consulting functions, but in April the firm called off its plan code-named "Project Everest" after facing resistance from some its partners.

The company said its US executive committee decided not to move forward with the split.

Had it gone through, it would have been the biggest overhaul in the accounting sector since the 2002 collapse of Arthur Andersen, the auditor that was embroiled in the Enron scandal and whose downfall reduced the big five to the big four.
Arthur Andersen was the auditor that was embroiled in the Enron scandal and whose downfall reduced the big five to the big four.(Getty Images)

There are also worries that in Australia, billions of dollars of taxpayers' money continues to be spent annually on consulting services, with little or no accountability.

Former ACCC chairman Allan Fels is among those who are worried and who think the audit and advisory functions of big four firms should be split.

Jason Ward, principal analyst at CICTAR, also thinks that should happen.

He points to one example of where audit and advisory functions could potentially create a conflict of interest, noting that big four firm KPMG does both the audit and consulting work for the head Australian entity DP World — one of the largest port operators in Australia and globally.

According to filing lodged with the corporate regulator, KPMG Australia was paid $455,862 for audit services and additionally paid $394,525 for "income tax compliance/advice" in 2022 by DP World Australia.

"In many countries, it would be against the law to have the same firm providing both audit services and tax advice to corporate clients. This is a clear conflict of interest," Ward says.

"Australia needs to end this practice and catch up to global standards."

It's a message that no doubt will be considered in the months to come as regulators and politicians further probe the big consulting firms.
Posted 26 Sep 2023

South Korea to develop stealth submarines
By Jeong Hyeon-hwan & Kim Tae-gyu, UPI News Korea


A model of a prototype for a stealth submarine developed by South Korean shipbuilder Hanwha Ocean is displayed. 

Photo courtesy of Hanwha Ocean

NO APPARENT FORWARD TORPEDO TUBES, THIS IS A NUKE ICBM 

CRUISE MISSLE SUB

SEOUL, Dec. 1 (UPI) -- South Korea, which is still technically at war with North Korea, is planning to develop stealth submarines.

Hanwha Ocean announced Wednesday the shipbuilding giant has signed a contract with the government agency Korea Research Institute for Defense Technology Planning and Advancement toward fulfilling such a goal.

Under the agreement, the company will concentrate on developing stealth technology, aiming to begin production of a prototype submarine by May 2028.

The focus will be on new degaussing devices designed to cut down on the magnetic field generated by submarines so they can better avoid detection

To enhance stealth capabilities, Hanwha Ocean plans to develop customized technologies for component coils, power supplies, control units and magnetic sensor designs.

Hanwha Ocean is the only South Korean company to boast a full range of submarines, with its midsize vessels in commission under Korea's and Indonesia's navies.

"With the submarines being hidden under water, there has been less of an interest in their stealth technology than, for say, fighter jets. We feel, hence, that there is actually a big room for growth," a Hanwha Ocean official told UPI News Korea.

"Our aim is to develop submarines equipped with the world's best stealth technology, an effort that will help us improve our leadership in the global maritime defense market, including the United States and Europe," he said.

In October, the Agency for Defense Development designated the company as the preferred negotiator for developing energy source systems for unmanned submarines, with its mission being the development of multipurpose modular submarines that can be powered by hydrogen fuel cells.

Far Right Win in Dutch Elections Shows How Quickly the Right Is Rising in Europe

Geert Wilders’s election is an ominous harbinger. The hour has come for Europe to stymie the spread of the far right.

By C.J. Polychroniou , 

TRUTHOUT

December 2, 2023

Leader of the Party for Freedom (PVV) Geert Wilders speaks to press after a conversation with scout Ronald Plasterk as he invites all the party chairmen for an interview in The Hague, Netherlands on November 29, 2023

The dramatic victory of the far right provocateur Geert Wilders in the recent Dutch elections is yet another extremely worrisome sign that Europe is shredding the veil of tolerance and becoming more brazenly exclusionary. Indeed, the spread of far right radicalization across the continent signals that Europe is engulfed in a profound political, social and moral crisis.

Wilders’s Party for Freedom, or PVV, which has been on a long ascent, took 37 of the 150 seats in the Second Chamber. This was 20 more seats than it won in the 2021 elections, while the other parties lost seats, making the extreme right the largest party in the national parliament. The radical left was hit the hardest, losing nearly half of its elected representatives.

Wilders’s political career has been built around anti-Islam and anti-immigration rhetoric. In fact, in 2016 he was charged with inciting hatred and discrimination against Dutch Moroccans. He always had a solid base of voter support, though it was never previously strong enough to allow him to become a power broker in Dutch politics. Obviously, the political dynamic has now changed, and Wilders is in the process of seeking possible governing coalitions. Eager to become prime minister, Wilders said he is willing to moderate his positions, but that’s only because he is having a hard time luring partners to form a coalition government with his far right party.

As undoubtedly one of Europe’s most blatantly racist politicians, Wilders’s campaign called for an end to asylum for all refugees, the “de-Islamization” of the Netherlands and a Brexit-style referendum on the European Union (EU). He was seen as a political outsider, but pollsters got it wrong. Nonetheless, that more Dutch voters turned to Wilders’s message at this point in time should not come as a surprise to anyone. Across Europe — north, south, east and west — far right parties have broken into mainstream political consciousness as many voters are fed up with establishment parties. Italians were hardly surprised when Giorgia Meloni’s radical right Brothers of Italy won a clear majority in Italy’s 2022 snap general election.

Once considered fringe organizations destined to political invisibility, Europe’s far right movements and parties have gained ground with frustrated working-class and disappointed middle-class citizens, including youth voters. Moreover, they are having an impact as both right and center-left mainstream parties have adopted an anti-immigration stance while they push the neoliberal agenda even harder, catering to the needs and interests of the rich and the business class. The result of all this is that more voters turn to the far right as anti-immigration policies gain increased support and neoliberalism shreds the social safety net and widens the gap between the haves and the have-nots.

Europe’s War Against Refugees Is Fueling the Far Right’s Ascension

The international guaranteed rights of refugees are eroding on both sides of the Atlantic. By David Goeßmann , TRUTHOUT May 29, 2023

The Netherlands endured 13 years of neoliberal rule led by the People’s Party for Freedom and Democracy, or VVD, a center-right party which promoted the interests of private enterprise and big business and paid little attention to the needs of the average citizen. A scandal over government efforts to reduce child welfare payments by subjecting thousands of low- and middle-income families to scrutiny and falsely accusing them of obtaining benefits illegally alienated a sizable segment of voters, as did the Groningen gas affair, in which the authorities put gas profits before the safety of surrounding communities. Such scandals, along with rising concerns about the cost of living and housing shortages, played a major role in the growing mistrust of the government and fueled the perception that a wind of change was needed in Dutch politics. Moreover, the VVD had decided to make immigration a key campaign issue, so one should not be surprised, as Dutch author and editor Auke van der Berg told me over email, that many voters ultimately opted to select “the original (PVV–Wilders) and not the copy.”

Naturally, Wilders’s victory stiffened other far right leaders’ resolve to carry on with their campaign against a cosmopolitan and multicultural Europe. Congratulations poured in from Hungary’s Viktor Orbán; the Italian deputy minister and leader of the extreme-right party, Matteo Salvini; and France’s Marine Le Pen. But as French Minister Bruno Le Maire said of Wilders’s election win, this was a consequence of “all the fears that are emerging in Europe” over immigration and the economy.

Indeed, while fearmongering around immigration is surely a factor behind the rise of the far right in Europe, economic issues such as declining standards of living and economic inequality may in fact be the key driver behind the spread of anti-immigration sentiments. The European Union integration project has long been seen by large segments of the continent’s citizenry as undermining national sovereignty and strengthening neoliberal economic policies harmful to the working class. Still, we can’t ignore the role racism and Islamophobia have played, as it is specifically migration flows from non-European countries that have been touted as a threat, and none more so than Muslim migration. The unjustified fear among those who are calling for tougher immigration laws, as many Dutch citizens have been doing over the years, is of Islam. The problem, for them, is that the immigrants are Muslim, not that they are immigrants. Europe welcomed Ukrainian refugees. But as political scientist Lamis Abdelaaty said, “Europeans see Ukrainians as White and Christian, similar to the way that many in European countries see themselves.”

At this point, the question is not whether the far right is surging in Europe, but rather how national governments and the EU alike intend to counter fascism and far right extremism. Fear of the “Other” and the consequences of neoliberalism (economic insecurity, poverty, inequality and deteriorating living standards) are among the main causes behind the increasing public support for far right parties. Left unaddressed, and especially amid organizing conducted via the internet and social media, hard right politics will only grow, and far right violence will likely increase. What took place recently in Dublin, where hundreds of radical right rioters went on a rampage over unconfirmed reports on social media that three children had been stabbed by an “illegal immigrant,” may be a prelude to what the future holds for Western societies unwilling to address the factors that contribute to the spread of far right ideologies.

The rising tide of the far right is terrifying and monstrous, but it’s still possible for effective resistance to interrupt this nightmare. Europe’s far right ideologues mix nationalistic and social stances, just like their predecessors did in the 1920s and 1930s. The answer to the threat they pose in the 21st century is clear: tackling the root causes of economic inequality and ensuring that no one is left behind. The return of the social state and the expansion of democracy are the best tools available for fighting fascism and far right extremism. They worked in the past and can still work today.

The far right is a menace to decent society. The hour has come for Europe to face the monsters.

Copyright © Truthout.

C.J. POLYCHRONIOU is a political scientist/political economist, author, and journalist who has taught and worked in numerous universities and research centers in Europe and the United States. Currently, his main research interests are in U.S. politics and the political economy of the United States, European economic integration, globalization, climate change and environmental economics, and the deconstruction of neoliberalism’s politico-economic project. He is a regular contributor to Truthout as well as a member of Truthout’s Public Intellectual Project. He has published scores of books and over 1,000 articles which have appeared in a variety of journals, magazines, newspapers and popular news websites. Many of his publications have been translated into a multitude of different languages, including Arabic, Chinese, Croatian, Dutch, French, German, Greek, Italian, Japanese, Portuguese, Russian, Spanish and Turkish. His latest books are Optimism Over Despair: Noam Chomsky On Capitalism, Empire, and Social Change (2017); Climate Crisis and the Global Green New Deal: The Political Economy of Saving the Planet (with Noam Chomsky and Robert Pollin as primary authors, 2020); The Precipice: Neoliberalism, the Pandemic, and the Urgent Need for Radical Change (an anthology of interviews with Noam Chomsky, 2021); and Economics and the Left: Interviews with Progressive Economists (2021).

LA REVUE GAUCHE - Left Comment: Search results for GEERT WILDERS 

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LA REVUE GAUCHE - Left Comment: Search results for EUROPEAN FASCISM 

UN Report Details Rampant US Human Rights Violations at Home and Abroad

Two-thirds of U.S. breaches of the civil and political rights covenant involve racial discrimination.

By Marjorie Cohn , 

TRUTHOUT

November 9, 2023

The flag of the United Nations is pictured in front of the UN building  in New York City.

A United Nations body has issued a damning report blasting the United States for its rampant violations of a major human rights treaty that it ratified in 1992.

The International Covenant on Civil and Political Rights (ICCPR) enshrines the rights to life, to vote, and to freedom of expression and assembly; and the prohibition of torture and cruel, inhuman or degrading treatment or punishment. It forbids discrimination in the enjoyment of civil and political rights based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (which includes sexual orientation).

In its blistering November 3 report, the UN Human Rights Committee — a group of 18 independent experts that monitors the implementation of the ICCPR — documented how little the U.S. has done to challenge the systemic, wide-ranging racism that continues to infuse every aspect of our society. Racial discrimination permeated two-thirds of the documented U.S. violations of the human rights treaty.

Jamil Dakwar, director of the ACLU’s Human Rights Program, called the UN report “scathing.”

“The United States touts itself as a beacon of democracy and human rights, yet the Committee’s findings prove that this could not be further from the truth, underscoring the critical need to prioritize and strengthen human rights at home and establish a National Human Rights Institution to ensure that our most basic rights are protected,” Dakwar said in a statement.

RELATED STOR

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Human Rights Groups Urge UN to Call for Abolition of “Death by Incarceration”

An activist coalition is urging UN experts to call for the abolition of “life without parole” sentences in the U.S. By Marjorie Cohn ,  TRUTHOUT  September 15, 2022

Here are some of the committee’s “Concluding Observations,” which are the culmination of its periodic review in Geneva last month:

The committee expressed concern about violence — including mass shootings and hate speech — against Black people, Indigenous peoples, Latinos, Asians, Muslims and Jews, as well as migrants, asylum seekers and people targeted on the basis of sexual orientation and gender identity.

An increase in gun-related deaths and injuries disproportionately affects racial and ethnic minorities, as well as women and children, the committee noted. It recommended strengthening legislation requiring background checks and banning assault weapons.

Discrimination based on sexual orientation and gender identity concerned the committee, which condemned the increase of severely restrictive state legislation, including criminalizing gender-affirming health care for transgender persons, and limiting discussions on sexual orientation and gender identity issues in school. The committee urged that discriminatory state laws be repealed and that the U.S. intensify its efforts to combat violence and discrimination in access to housing, health, employment and in detention facilities.

Criminalization of homelessness and violence against unhoused persons disproportionately impact people based on their race, real or perceived sexual orientation and gender identity, and disability. The committee, which cited “violence against homeless persons” who are at “higher risk of premature death” due to homelessness, recommended the abolition of laws criminalizing homelessness.

The report zeroed in on racial profiling, citing violations by law enforcement officials, including Customs and Border Protection, and Immigration and Customs Enforcement, as well as the targeting of ethnic and racial minorities, particularly Black people, Indigenous peoples, Latinos and Muslims.

Police brutality and the excessive and deadly use of force by law enforcement officials have a disparate impact on Black, Latino and Indigenous peoples, as well as migrants and asylum seekers, the committee concluded. It urged bringing federal and state laws and policies into conformity with international principles on the use of force and firearms by law enforcement and UN guidelines on less lethal weapons in law enforcement.

The report noted the overrepresentation of racial and ethnic minorities in the criminal legal system. They are disproportionately held in pretrial detention and placed on probation and parole, and are more often subject to prison labor and harsher sentences. The committee recommended reducing unnecessary criminal justice interventions, increased use of alternatives to incarceration, reasonable bail requirements, and parole and probation sentences that are necessary and proportionate to the offense.

Racial disparities in the imposition of the death penalty were also of concern to the committee, which recommended a moratorium at the federal level and concrete steps toward the abolition of capital punishment. U.S. officials were urged to strengthen safeguards against racist and wrongful sentencing and execution. Life imprisonment without possibility of parole (LWOP) similarly disproportionately affects Black people. The report also urged the U.S. to prohibit and abolish LWOP for juveniles and consider imposing a moratorium on the imposition of LWOP sentences.

The Committee was also concerned about discrimination on the basis of nationality, including residual effects from Donald Trump’s now-revoked “Muslim ban.” Prolonged delays in family reunification and a backlog of visa applications persist. The committee suggested an accessible, fair and effective reconsideration process for all visa applicants who continue to be affected by the ban, and additional measures to prevent future discriminatory bans.

Of grave concern were recent U.S. policies that “excessively restrict” effective protection of the right to seek asylum. The committee was concerned that they may breach the principle of non-refoulement, which prohibits returning someone to a country where there is a substantial risk they will face torture, cruel, inhuman or degrading treatment or punishment. The report also points to mandatory and prolonged detention, lack of access to counsel and poor detention conditions, leading to the deaths of many detained people.

More than 5,000 children were forcibly separated from their parents at the southern U.S. border, and hundreds still remain separated. The committee urged the U.S. to redouble its efforts to reunite all separated children with their families and prohibit future family separations.

Children belonging to racial and ethnic minorities are overrepresented in the child welfare system, and police presence in schools — part of the “school-to-prison pipeline” — disproportionately affects children of color. The committee advocated eliminating discriminatory bias in student discipline.

The committee was concerned about human trafficking, including children, as well as the criminalization of victims of trafficking and limited access to effective protection, particularly for noncitizens who are at risk of becoming victims of forced labor. The committee recommended on-site inspections, especially in the agricultural sector, as well as measures to prevent the criminalization of sex trafficking victims.

The committee also highlighted violence against women, including domestic and sexual violence. Victims disproportionately include low-income women; Black, Latina and Indigenous women; incarcerated women; and women with disabilities. The committee recommended effective implementation of the Violence Against Women Act and encouraged states to pass legislation prohibiting and criminalizing female genital mutilation. The report added that the U.S. should redouble its efforts to protect against sex- and gender-based discrimination through the Equal Rights Amendment and should consider ratifying the Convention on All Forms of Discrimination Against Women. Missing and murdered Indigenous women and girls, and the lack of comprehensive data and resources, which hinders effective and culturally appropriate investigations, were also cited.

The report noted that the U.S. has the highest maternal mortality rate among developed nations, which particularly affects women of color. It cited the “immediate and devastating impact” of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization on access to safe and legal abortion, including racial and ethnic disparities in reproductive health. The committee was alarmed at the criminalization of health care providers and people, including family members, who assist women in obtaining abortions, and was deeply concerned about restrictions on interstate travel for abortions, bans on medication abortion and surveillance of those seeking abortion care.

Another focus was the lack of protection of Indigenous lands and sacred sites from extractive industries, toxic and nuclear waste, and military infrastructure. The committee exhorted the U.S. to ensure meaningful and good faith consultations with Indigenous peoples and ensure their active participation to obtain free, prior and informed consent before taking any measures that can substantially affect their rights, way of life and culture.

The committee was concerned that climate change could threaten the right to life. It said it regretted that the U.S. failed to provide specific information about what measures have been taken to protect the most vulnerable people from the negative impacts of climate change and natural disasters. The committee cited concerns about “various water crises” in the U.S., such as the leaking of high levels of lead into water systems and outbreaks of Legionnaires’ disease in Flint, Michigan, disproportionately impacting Black and Indigenous peoples. The committee called on the U.S. to intensify its efforts to prevent and mitigate the effects of climate change and environmental degradation.

Voter suppression was also a major focus of the report, which cited partisan gerrymandering, voting restrictions and burdensome voter ID requirements. These policies have a disproportionate impact on low-income voters, persons with disabilities, and racial and ethnic minorities. The committee also criticized disenfranchisement laws targeting those with felony convictions and the role of dark money in elections.

The committee noted that freedom of assembly was in peril, citing the use of anti-terrorism laws to prosecute peaceful protesters, including anti-racism demonstrators, environmental activists and Indigenous protesters. The committee was also critical of excessive force by law enforcement officers, surveillance, arbitrary arrests and mass detention of peaceful demonstrators.

The report also mentioned the threat of anti-boycott laws that sanction those who boycott foreign countries and corporations for their human rights violations, likely referring to the Boycott, Divestment, Sanctions movement to pressure Israel to end its occupation of Palestinian territory. The committee recommended that officials refrain from attacking journalists and review anti-boycott laws that may restrict freedom of expression.

The committee condemned the continuing U.S. practice of killing in extraterritorial counterterrorism operations with armed drones, and the lack of transparency and accountability for the serious harm it causes, especially to civilians. It pushed for compliance with the principles of precaution, distinction and proportionality in armed conflict, and reminded the U.S. of its obligations under international human rights law and international humanitarian law.

The committee was concerned about the extensive use of solitary confinement, including prolonged and indefinite confinement. It recommended prohibition of solitary confinement for juveniles and people with intellectual or psychosocial disabilities in prison.

Some of the detainees at Guantánamo Bay have been held there without charges or trial for more than 20 years. The committee recommends that the U.S. expedite the transfer of detainees and close the prison at Guantánamo. It also urged the U.S. to end its system of administrative detention without charge or trial and ensure that detainees are afforded fair trial rights and specialized health care.

The United States must thoroughly investigate, prosecute and punish violations of the ICCPR and provide effective remedies for victims and their families, the committee said, condemning the impunity of violators, including perpetrators and people in positions of command, as well as lawyers who “provided legal pretexts for manifestly illegal behavior.” The committee was likely referring to John Yoo, Jay Bybee, and other lawyers who wrote memos telling the George W. Bush administration how to torture detainees and get away with it. The committee deplored the widespread U.S. impunity for past human rights violations, including torture and “enhanced interrogation techniques.”

The committee also recommended that evidence and confessions obtained by torture be inadmissible in legal proceedings without exception.

In addition, the committee emphasized that the U.S. must incorporate its obligations under the ICCPR into its domestic laws at the federal, state, local and territorial levels, and once again called for the establishment of a national human rights institution.

“It is critical that the U.S. government take this opportunity to heed the United Nations’ recommendations and deliver on behalf of the American people — including immigrants, racial and ethnic minorities, women and girls, LGBTQ+ people, incarcerated people, Indigenous people, and other marginalized communities that are disproportionately impacted by the government’s continued violations,” ACLU’s Dakwar said.

The breadth of the U.S. violations of the ICCPR is overwhelming. The committee found breaches of the treaty in nearly every aspect of life in the United States. We should heed the committee’s recommendations and demand that our federal, state and local governments in the U.S. comply with our human rights obligations.

Copyright © Truthout. 

MARJORIE COHN is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the national advisory boards of Assange Defense and Veterans For Peace, and the bureau of the International Association of Democratic Lawyers. She is founding dean of the People’s Academy of International Law and the U.S. representative to the continental advisory council of the Association of American Jurists. Her books include Drones and Targeted Killing: Legal, Moral and Geopolitical Issues. She is co-host of “Law and Disorder” Radio.

Texas must remove floating barrier from Rio Grande, appellate court orders

The federal appellate court upheld an earlier ruling by an Austin federal judge to remove the 1,000-foot-long barrier the state deployed near Eagle Pass.

Anti-immigration buoys that were placed in the Rio Grande River by the state of Texas must be removed, a federal appellate court panel has ruled. File Photo by Adam Davis/EPA-EFE

Dec. 2 (UPI) -- A federal appellate court panel has ordered Texas to remove the floating barrier it deployed in the Rio Grande at Eagle Pass this summer, affirming a lower court's ruling.

In a 2-1 decision issued Friday, a panel of the Fifth Circuit Court of Appeals found that the river is navigable where the barrier was placed and that it is "an obstruction," meaning that Texas needed to receive permission from the U.S. Army Corps of Engineers -- which regulates activities in waterways and wetlands under federal law -- before deploying it.

Judge Don Willett, a Trump appointee, was the dissenting vote in the ruling, arguing that the Rio Grande cannot accommodate commercial boat traffic and is therefore not navigable.

Texas argued that the barrier was also meant to save lives and force migrants to cross the border at ports of entry, but Willet said Texas hasn't proved that's the case.

Related

Texas on the verge of making illegal border crossings a state crime
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Texas plans appeal as federal judge orders floating barrier moved in Rio Grande

"At this stage, however, Texas has not offered concrete evidence that the barrier has saved lives or reduced illegal crossings and drug trafficking," Willet wrote.

Texas Gov. Greg Abbott posted a statement on X calling Friday's ruling "clearly wrong" and said he and Attorney General Ken Paxton will seek an immediate rehearing by the entire Fifth Circuit. "We'll go to SCOTUS if needed to protect Texas from Biden's open borders," he said, referring to the U.S. Supreme Court.

The barriers sparked protests from the Mexican government and migrant advocates. In July, the U.S. Justice Department sued Texas in an Austin federal court, arguing that the barrier was installed without required federal authorization. Texas argued that the barrier was designed to direct migrants to appropriate entry points and deter unlawful crossings and drug smuggling.

San Antonio-based Federal District Judge David A. Ezra ruled in September that Texas must remove the barrier. The state appealed to the New Orleans-based Fifth Circuit, halting Ezra's order while the Fifth Circuit considered the case.