Tag: Global

  • Rule of Law Backsliding in Rogue EU States

    This is an abridged interview with jurist Laurent Pech, Professor of European Law, Jean Monnet Chair of European Public Law (2014-17), and Head of the Law and Politics Department at Middlesex University London. Professor Pech identifies rapid autocrisation in a number of EU states, particularly Hungary and Poland, where the Rule of Law has been undermined in a three stage process that has been exacerbated by the emergency conditions of the pandemic.

    On Mandatory Hotel Quarantines

    Technically it has always been possible for national authorities to restrict EU free movement rights on a number of grounds, such as public health. But EU law is normally opposed to collective measures. So you can only restrict on a number of grounds the exercise of free movement on a case by case basis. And you must always comply with the principle of proportionality, so you cannot impose disproportionate measures in the name of public health. You have to have a compelling reasons and you have to demonstrate them on a case by case basis. I’m not familiar with the measures contemplated by the Irish government …

    Without knowing the details of any general policy of containing EU citizens or more generally, [a mandatory hotel quarantine for] EU residents, regardless of citizenship, in my view, would not be compatible with the law, as I understand it.

    What I can tell you is that public health can only be used as a grant of derogation for individual cases, not for the blanket prohibition on arrivals from other EU countries. I don’t think … the European Commission, would let it fly.

    I’m not familiar with any [other] EU country … which is essentially preventing residents in the EU from travelling as a collectively speaking, as a country, imposing on EU residents, trying to get to another EU country and then the mandatory quarantine.

    On the Rule of Law

    I can tell you what the Rule of Law is in EU law in the law of the European Convention on Human Rights, in fact, in our Constitution, constitutional law … the case law has defined the rule of law quite compellingly. Why are we debating these days the definition of the rule of law?

    the concept is being challenged, especially from current authorities in Warsaw and Budapest. The argument is the Rule of Law is too vague and meaningless. It does not exist. And it’s just kind of an intellectual subterfuge to impose neoliberal policies or whatever. But as a matter of EU law, actually, the Rule of Law can be defined. It’s normally defined, understood as a set of legal principles, such as the principle of legal certainty, the principle of judicial review before independent courts, respect for human rights, these kind of principles.

    The Rule of Law is to be found in the EU treaties and has been exhaustively defined both in EU legislation and in the case of the European Court of Justice.

    The essence of the Rule of Law is that we have rules to prevent the abuse of power so we can do something about the abuse of power. We can fight abuse of power, abuse of public power both. But to do that, we need independent consent, which is why one of the components of the Rule of Law is independent courts, where you can assert your rights against the public authorities. So the essence of the Rule of Law, is essentially that even the king, even the president, is subject to the law. There are no distinctions; everyone can assert a right against the public authorities. So this is the essence of the Rule of Law even before the EU itself was created.

    It’s one of the many checks and balances on what we can call unhealthy democracy … certain countries in the European Union have gone down a path where, as for the Rule of Law being challenged in its conception, in its very existence, also other type of checks and balances such as freedom of the press. I mean, it looks like that once one is gone. Then the other one follows.

    Hungary and Poland

    In the case of Hungary and in the case of Poland, essentially, we have a new breed of autocrats. They’re not like the old autocrats, where you see tanks one morning in the streets and then a clear change of regime in the afternoon. It’s much more difficult and they’re much smarter than the previous generation. So I have used the concept of Rule of Law, backsliding of democracy and the Rule of Law; I use the term backsliding to describe what has been happening in the past ten years in these two countries.

    To summarize briefly the process … They only need to get free and fairly elected once and then as soon as they’re elected their job is to make sure to rig the system, to undermine the checks and balances before the next legislative elections. How do you do that? … they tend to always apply the same playbook or the same cooking recipe. The first two steps you’re going to take is you’re going to capture of the Supreme Court or the constitutional court of the country.

    You either purge the current membership of the Supreme Court or you appoint new judges to the Supreme Court … You don’t care whether you comply with the Constitution, because by the time you have captured the Court, then you can get the new court to argue that what you want is not a violation of the Constitution…

    At the same time, what we’ve seen in Hungary, Poland and elsewhere is that while you are violating the Constitution in plain sight, you have to capture the public broadcaster. Or do you do that? If you have a parliamentary majority it is very easy. You can violate the Constitution and you can just pretend it’s not a violation of the Constitution. You’re going to appoint a new board and you’re going to appoint a new president and you’re going to use the taxpayers’ money essentially also to bully or try to corrupt or bribe the private media outlets as well into submission. Why is it important to capture the media? Because you need to shape the public narrative while you are openly violating the Constitution.

    Scapegoats

    You have to explain or try to convince the people that yes, maybe, yes, we are violating the Constitution … but we are doing this in the name of the people. And you are going to convince them this is what you want and then you going to use this some scapegoats in the process. So what you see, what we’ve seen in Poland, Hungary and elsewhere is that they always have a huge need for scapegoating.

    So it’s going to be George Soros … you name a new thing and then they change. They rotate. … It was perhaps worth stressing that you have a change of scapegoat every six months to twelve months when you have exhausted one you need another scapegoat … then it could be also academics. So it could be a corrupted journalist, it could be Communist judges. You need to smear, essentially, the guardians of the Rule of Law. So once you have captured the Supreme Court and the media, you’re going to use scapegoating … You’re going to then bully into submission, order what are called guardians of the Rule of Law, guardians of democracy, the press being one of the key checks on power.

    What I’ve seen emerge in the past few years, is that to avoid European criticism, what they do, they use proxies … what do I mean by proxy? A fake association, a fake NGO which indirectly or directly is given taxpayers’ money … You use a story as a way of distracting the people from the destruction of checks and balances.

    The new would-be-autocrats are much more difficult to fight because a lot of time by the time people wake up it’s a bit too late … the media sector is gone, judicial branch is gone. And then obviously they’re ready for the next elections with the press either bullied into submission or brought to bankruptcy.

    The Last Steps

    One of the last steps in this kind of Rule of Law backsliding process is to radically change the rules of the game. So by the time you have the next legislative election, they’re going to have reformed completely the electoral code. They’re going to capture the electoral commission as well. So it means that they can essentially rig the elections … usually it’s enough to control the ecosystem of the public media. But then also, if need be, you can also rig electoral results in a specific constituency … Also, remember, if you have captured the judicial branch, it means that there’s no place for you to go to challenge the results of the election, even if the results have been gained through unlawful means

    You can you still have elections. Yes, the opposition can win … but it’s virtually impossible to win in these conditions.

    There is no electoral level playing field anymore. Within three, four years, the system has been completely captured … Hungary is no longer a democracy. I expect Poland to be another electoral taken custody within the next two years.

    In fact, Poland is quite dramatic in a way. They had two presidential elections last year. Both of them were completely unconstitutional. I mean, there is not even a room for discussion. They were held in unconstitutional conditions.

    It’s possibly what I call the authoritarian gangrene is going to spread to other EU countries because people are watching, people are paying attention and they’re saying, well, look, it’s working, it’s working fine for Orban and Kaczyński, so why not me? Why not implement this recipe as well in my own country?

    In Hungary the main newspaper, which is not in the control by the government, now has sixty defamation lawsuits pending against. Essentially they’re trying to bankrupt these main opposition newspaper through lawsuits … then you’re going to punish judges if the lawsuits are wrongly decided, so to speak. In addition to that, you have the death threats, that you have a smear campaign. So much so that essentially, if you’re a critical journalist, then you may have no choice but to leave your own country if you want to pursue your profession. What’s happening to journalists is also happening across the board to judges, lawyers, academics. And so we are talking here essentially about a return to the old fashioned de facto one party state. And so I’m afraid we have to be aware of the gravity of the situation

    The Silver Lining

    The silver lining is that Poland and Hungary are the two most extreme cases of autocratic nations, at least in the EU … But maybe we’re going to get there slowly but surely in terms of third possible candidate in the EU. Now, we’ve been talking about Slovenia in the past few weeks because of the parameters of the attacks essentially trying to take control of the Slovenian state agency. And this Slovenian prime minister is indirectly funded by Orban. So essentially Orban is trying to export his model into the Balkans and also into Slovenia. We’ve been talking about the situation in Romania and Bulgaria for quite some time. Malta has also been in the news following the assassination of a journalist who was investigating corruption cases.

    I would say some political entrepreneurs are looking at how successful Orban and Kaczyński have been. Some of them are wondering whether, in fact, this is a good way forward, not for ideological reasons, just possibly this autocratic playbook is a good way of wining power and retaining it.

    The Situation in the U.K.

    Poland and Hungary are just the two most advanced cases in the EU. I have personal worries about the situation in the U.K. if we leave the EU for a minute … there are clear indications that the ruling majority in the UK is trying to dismantle or capture the checks and balances. So essentially they’re trying to annihilate any accountability, including changes to elections. Usually when you see changes being contemplated regarding the electoral commission or electoral rules or IDs to be required to vote and then surprise, surprise, those most disadvantaged by the new electoral rules are those not voting for the ruling party. So this is when you have to get worried. And also in the U.K. we’ve been talking about changing judicial review to make it more difficult to challenge that. And we’ve been talking also about possibly reducing the jurisdiction of the Supreme Court.

    [During the pandemic] I’ve seen an excessive use of secondary legislation. So the parliament has essentially abdicated its role as the key legislator and the government has taken over defining or restricting free movement, something which normally can only be done by the parliament. So I would say this is also part of a potential authoritarian pattern. So we need to really make clear, because once the government is in the business of de facto legislating in place of the parliament, then essentially abuse of power can easily be committed. And if at the same time judicial review is undermined, then you find yourself essentially without any avenue to challenge the excessive use of power. I’m not a libertarian myself, but certainly as a lawyer, I have strong concerns when I see the government essentially becoming the de facto parliament in the name of the Covid-19 emergency.

    Press Freedoms

    So there is ongoing work in the EU to make it more difficult for politicians or oligarchs, these regimes, to sue or bully (journalists) into submission.

    We need to go back to what was the case in the nineteen eighties through strong anti-concentration rules in the media market … if we want to have media pluralism, we need to have a properly functioning media market. You cannot have dominant players essentially asphyxiating the market. So you need to prevent abuse of a dominant position … if we had a well-functioning media market, we would be protected from public abuse of power, but also prevent abuse of power. And the abuse of power does not necessarily come from overbearing governments, it can also come from overbearing private actors. Think of Amazon, think of Google. There is a lot of work to be done in this regard. So concentration of power, whether private or public must be constrained, must be restricted and subject to the law applied by independent courts.

    Covid-19 and Authoritarianism

    Covid-19 has been kind of a blessing in disguise for these autocratic regimes …. giving them even more powers than they used to have … an exceptional situation calls for exceptional powers. But the problem is, once these kind of governments get accustomed to exceptional powers, then they don’t want to give it back …

    So then that’s going to be the next battle as soon as the covid-19 situation is under control. I mean, we need to make sure that parliaments everywhere get back into the business of what they’re supposed to be doing in the first place, which is legislating and controlling the executive these days. What we’re seeing is just an executive without being subject to any meaningful scrutiny from any national parliaments anywhere. So this is actually the widespread issue.

  • TEXTILE MOUNTAIN: The Hidden Burden of our Fashion Waste

    Tomorrow, Wednesday, May 20th, 2020 from 1:00 PM to 2:00 PM (IST), Documentary Filmmaker Fellipe Lopes and Producer Catriona Rogerson will host a preview of their new documentary TEXTILE MOUNTAIN: The Hidden Burden of our Fashion Waste

    Below is an abstract of its press release:

    We in Europe throw away 2 million tonnes of textiles each year. But do we know what happens to our clothing when we donate them to charity shops and textile recycling banks?

    Up to 70% of our donated clothing are baled, sold and exported overseas to sub-Saharan Africa for re-sale in local markets. This short documentary looks at the ‘afterlife’ of our clothes, tracing our donated garments from textile recycling banks in Europe to landfills and waterways in the Global South. It encourages us to rethink how we make, wear and reuse our clothes for a more sustainable future for all.
    It’s time to #SlowDownFashion – we need to think before we buy!

    Register to watch!

    Link: https://www.eventbrite.com/e/eco-week-advance-screening-talk-textile-mountain-tickets-104951033366

    After the screening, join film maker Fellipe Lopes and Caitriona Rogerson to discuss some of the issues raised in the documentary, and explore how YOU can use the medium of film as a powerful tool for change.

  • Barcelona Under Lockdown

    It all happened too fast, so quickly that we didn’t have time to fully understand. The night before we were sipping beer and eating tapas and waiting for spring to come in the warm evening breeze; the following day we were on the sofa consulting the Netflix schedule for the umpteenth time, without finding an entirely satisfactory choice.

    That feeling is like after an unexpected accident, with a supernatural aftertaste. It is as if a divine finger had pushed a gigantic ‘STOP’ button, and our swirling swarm on planet Earth had been suspended; crystallized in a drop of time. One after another, the places where we went to disfrutar de la vida, ‘to enjoy life’, closed their shutters, leaving us confused and lost.

    For some it was a trauma to be compelled to cook for themselves. Staying indoors in a city that has unbridled sociability as one of its calling cards is difficult, but Barcelona is still trying to maintain its atmosphere despite the lockdown.

    Normally in the evenings the lights of buildings are turned off, with people outside. Lately I discovered that the building opposite my own is actually inhabited.

    Yesterday I went out to dispose of the trash and do the occasional shopping we are allowed to do. As I left the door from the balconies above I heard a ripple of applause: for a moment I was moved, it seemed to me that I had become the hero in a dystopian film.

    I know they weren’t applauding me, it was just a manifestation of unity in this battle, fought with heavy doses of TV series, bored yawning, punctuated by scared, masked bellboys who bring stuff up to your home. I understood these people: even applauding strangers helps fill the empty minutes.

    At least to help us stop missing our previous lives, the weather has decided to remain cold, even if the cold of Barcelona is far from the perennial grey nightmare overhead in Dublin, under which I lived for eight years.

    Occupying one’s time is difficult, with the bars all closed there is no possibility of drinking red vermouth with friends. I live in Barceloneta, a neighbourhood that is a peninsula kissed by the sea.

    Out on the street, the police remind you to stay at home, speaking calmly into megaphones. Someone brings out their dog to take a piss. The most important road, Carrer de la Maquinista, is empty. The most famous restaurant, ‘La Bombeta’, is closed. The buzz of people’s voices is replaced by the singing of birds, unexpected protagonists in neighborhood life, the vida de barrio that we miss so much.

    Flags of Catalonia are still draped from the balconies, moved by a gentle wind. At this time, these people should be my enemies on the football field, as my team, Napoli was set to face Barcelona in the UEFA Champions League round of sixteen, but looking at their worried and tired eyes, so similar to my own, I never felt so close to them. There will be time for confrontation, on the field. Now is the time to be close, very close. If not with our bodies, then in our hearts.

    We all wonder when we will be able to walk back to the Paseo Joan de Borbò, stopping at one of the many bars to talk about stuffed bombas; or who is the greater footballer between Diego Maradona and Lionel Messi; or to watch that black-eyed chica that turns the cabeza and makes the corazon skip a beat, every time she passes by.

    Such a simple thing, like shopping, has become an experience reminiscent of hours spent gaming; at times I feel I am becoming the protagonist of any chapter in the Fallout saga. The neighbourhood is deserted, everything is closed and dark. The only lights on Plaza de la Barceloneta are those emanating from the church of Sant Miquel.

    In the supermarket people are afraid even to smile at you. They are not worried about touching you or being too close, they are simply afraid to recognize in you the fragility of the human condition that unites us all. Breathing inside a mask is for me, with my glasses, embarrassing: with each breath the lenses mist up, giving my vision of the surroundings a dreamlike quality.

    In the meantime people are dying, the daily bulletins are becoming increasingly distressing; there is a great deal of concern, and prayers, for the situation in Madrid, but more than miracles the patients need respirators and medical personnel. Here in Barcelona, too, cuts to the health budget are being felt.

    People have stopped applauding and there is silence around me, so dense and spooky that it is frightening. More than the infection, and what can happen to any of us if we are hospitalized alongside people fighting for their lives.

    We are used to fight for our place in the world, but are we prepared to fight for a lifesaving hospital bed? Now we don’t want to think about it. On the sofas where we spend our days we try to feel secure. Less weak.

    In the meanwhile, I’m out. I allow myself five minutes to smoke a cigarette sitting on a bench. But my mind is not free. I just cannot relax. My only thought is about how to get home and carefully spread the antibacterial soap between my hands. A little anguish peeps out: what if I caught the virus on this excursion? I already know that for the next two weeks this thought will haunt me.

    But I’m not the only one: here we are, stuck between the duty to stay at home and the desire to go out. In the middle of two fires, or, as De Lucia would say, entre dos aguas. But Barcelona no se rinde – ‘Barcelona won’t give up’. It plays the rumba and waits patiently. The day when we will be allowed to leave our thirty-five-square-metre apartments is inching closer.

    When I get back home, I close the door behind me. The sofa seems to look at me worriedly: “Where have you been?”, he seems to ask me. Everything is so unreal that I don’t know how to answer.

  • Occupied Territories Bill: Government Defies Dáil Majority Leaving the Jaber Family to their Fate

    On a crisp, sunny morning in Hebron in January of this year my friend Atta Jaber tells me: ‘The settlers have what they wanted and Randina sits on a chair.’

    Atta resembles a Kerry farmer, one in particular comes to mind: the late Sam Brown from Maharees in West Kerry. He is sinewy, with a mahogany-coloured face, and a mischievous twinkle in dark Arabic eyes, revealing a profound gentleness of soul.

    Atta is also a farmer, whose family land of fifty-eight dunums (one acre is the equivalent of four dunam) spans both sides of Route 60, outside Hebron in the West Bank. This land is his vocation and passion, and the overwhelming source of the family’s food.

    His wife Randina used to work on the land from 5am every morning. He confides: ‘Randina has green fingers and made everything grow!’

    Today, Atta’s farm house has only four metres of land surrounding it and some eight dunums at the bottom of a steep hill. The white plastic chairs outside the back door are still there for chat, tea and cigarettes in the sun. But the soul of the Jabers has been uprooted. Randina sits on a chair now for long periods of time. The state of Israel has confiscated forty-eight of the fifty-six dunums of which they own the title deeds.

    I first met Atta in early January, 2010, while volunteering with EAPPI in Hebron. We received a call from him saying settlers had arrived in three large buses, and were on his land with picks and shovels, guns slung over their shoulders.

    As ever with settler incursions and attacks, they were accompanied by heavily armed Israeli military personnel. In randomly banging their picks and shovels into the ground, they were making a statement: Atta’s land was now their land. One teenage settler shouted out to say I was a Nazi.

    Later, while discussing what happened, Atta rhetorically asked: ‘Why did Randina marry me? What kind of a life does she have here with me?’

    The family home had been occupied by either settlers or the Israeli army on three separate occasions by 2010. During one period, the family was permitted to remain in a part of their home, while the military occupied the rest.

    In the intervening years the settlers continued to display a sense of entitlement over the land, which they claim Abraham gave to the Jewish people. Year after year they ripped out the Jaber family’s irrigation pipes; then they trampled on the crops.

    Atta and Randina would repair and re-plant, again and again and again. The land was the source of their food after all.

    In the last two years three members of Jaber’s family have seen their homes on the land bulldozed and demolished. One of Atta’s brothers now rents an apartment in Hebron city. His food and income has disappeared.

    Forty-eight of the original fifty-six dunams have been seized by the state of Israel. Parts of the remaining Jaber land can only be accessed with an Israeli permit. The last time they worked that part they required a permit for access. They went ahead and planted the ground, and continued to water it, but were then denied a permit when it came to the harvest. The produce was seized by settlers, which could have easily found its way onto an Irish dinner plate.

    The remaining eight dunams accessible to the Jabers lies at the bottom of a hill. Randina has developed asthma and is unable to walk the route. That illness also means she cannot be prescribed other medication to ease a damaged soul. Randina sits silently and for long periods now, and as Atta says goodbye he adds: ‘I stand beside her.’

    As I am leaving, Atta then tells me he is returning home to tend to his newly planted cauliflower crop on the remaining eight dunums. I said I hoped they would become really, really big cauliflowers. What more could I say? I wish I could help him get his land back, but only the combined will of the governments of the world have the power to bring that about.

    Atta and Randina have a deep and enduring love for one another, but the land sustaining their bodies and souls has been brutally seized by the state of Israel.

    This is the human impact of illegal settlements on the Palestinian West Bank, and not an isolated case. Since the U.N. Declaration in 1949 establishing the state of Israel, dividing Palestine in half, Palestinians were left with 22% of their former land.[i] That proportion of historic Palestine was allocated by the U.N. to other Arab states, Jordan and Egypt – the areas of Gaza and the West Bank. These lands, and more, were conquered by Israel during the Six-Day-War of 1967, but were not incorporated into Israel proper.

    Under the Oslo Accords of 1993, Palestinian land was further divided into Areas A, B and C. A part of the West Bank, known as Area C, is now under full Israeli military and civil control. This comprises 60% of the original 22% of land allocated to the indigenous population. Area B is under Palestinian administrative control, but Israeli military occupation.

    Accordingly, advocating for a ‘Two-State Solution’ is now empty rhetoric. The land is being taken, inch-by-inch, and the governments of the world do nothing to prevent Israel’s ongoing violation of international law and human rights.

    Yet according to the Geneva Convention an occupying state cannot move its citizens into the land it occupies. [ii] There are now over six-hundred thousand Israeli citizens living on the Palestinian West Bank.[iii] Indeed, Israeli Prime Minister Benjamin Netanyahu plans to annex settlements in the West Bank into the state of Israel.[iv]

    An effective non-violent response is urgently needed.

    The Seanad and Dáil recently passed the Control of Economic Activity (Occupied Territories) Bill 2018.[v] Despite a resounding 75 to 45 majority, with all Opposition Parties voting in favour, Fine Gael voted against this Bill and it is understood they will use the controversial ‘Money Message’ procedure to block it.

    This procedure has been employed in recent times to block a number of Private Member’s Bills. It is clearly undemocratic and potentially unconstitutional.

    Its use also exposes tacit support for Israel’s breach of International Law and human rights. This is consistent with the Irish State’s failure to exchange diplomatic accreditation with the State of Palestine, despite the Dáil and Seanad voting unanimously for recognition in 2014.

    Yet this failure of democracy in Ireland pales in comparison with the tyrannical treatment meted out to Atta Jaber and his family.

     

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    Gerry delivers Certified Professional Mediation Training that is accredited by the Mediators’ Institute of Ireland. She has delivered conflict and mediation training internationally with U.S. based Lawyers Without Borders, in partnership with the Director of Training from CEDR, U.K., and she is also an externally employed trainer with CEDR U.K. Gerry is a member of the Mediators Beyond Borders Consultants Team. She is a panel member with One Resolve and delivers mediation training under their auspices. Gerry was involved in the development of the Level 8 Certificate in Mediation training programme in the Law Faculty of Griffith College and she was invited to be the senior lecturer in that programme. She also delivered mediation training for the University of Limerick’s, “Masters in Peace and Development” programme. Gerry has written ‘The Mediator’s Toolkit: Formulating and Asking Questions for Successful Outcomes’, and it is published by New Society Publishing, Canada.

    [i] See: United Nations Office for the Coordination of Humanitarian Affairs (OCHA), https://www.ochaopt.org/sites/default/files/the_west_bank_including_east_jerusalem_and_the_gaza_strip_jan_2019.pdf

    [ii] GENEVA CONVENTION (IV) RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR (GENEVA CONVENTION IV) Article 49, https://ihl-databases.icrc.org/ihl/COM/380-600056?OpenDocument or

    https://www.un.org/ruleoflaw/files/Geneva%20Convention%20IV.pdf

    [iii] ‘Btselem’, ‘Statistics on Settlements and Settler Population’, The Israeli Information Center for Human Rights in the Occupied Territories, Updated January 19th, 2019, https://www.btselem.org/settlements/statistics

    [iv] Oliver Holmes, ‘Netanyahu vows to annex Jewish settlements in occupied West Bank’, April 19th, 2019, The Guardian, https://www.theguardian.com/world/2019/apr/07/netanyahu-vows-to-annexe-jewish-settlements-in-occupied-west-bank,

    [v] https://www.oireachtas.ie/en/bills/bill/2018/6/

  • The Shadow of Italian Justice

    Nowhere that I have visited has quite the charm of Umbria, Italy’s throbbing green heart, and only land-locked province apart from the Alpine region. Along its horizon, verdant hills culminate in fortified settlements that act as sentinels over fecund valleys, where wheat fields and vineyards have long sustained a saturnine populace. The lumbering waters of the Tiber snaking through the countryside bestow lush fertility, while in the distance the spine of mountains that form the Apennine range cleaves into view.

    The region has strong spiritual traditions: Saint Benedict, who developed the communal model of Western monasticism, hailed from Norcia; while around Assisi Saint Francis saw the divine in all living beings. But inward contemplation has often intertwined with outward savagery, the charming cities bearing the stain of bloodshed from centuries of internecine conflict.

    Just as sweet birdsong contains fierce threats to competitors, so the form and grace of Umbria’s built environment belies the violence of perennial power struggles. Extravagant civic architecture was a form of competitive display between the signorie that ruled those city states during the Middle Ages and Renaissance.

    First among equals is Perugia, Umbria’s capital and hub. At dusk, imbibing the rising chatter on Piazza IV Novembre, one may assume the light to be eternal, and that the dancing shadows will never give way to the enduring gloom of night.

    Into this setting in 2007 strode an insouciant Amanda Knox, then twenty years of age. Enrolling in Perugia’s Universitá per Stranieri, she realised a dream of studying the Italian language on a semester abroad from her native Seattle, a world apart on the distant west coast of America. A familiar student lifestyle followed in those first weeks of term: falling in love; alcohol and cannabis; the irritations of part-time work as a waitress; all this as she nursed the hope of a career as an interpreter.

    Universitá per Stranieri, Perugia. Image: Daniele Idini ©

    Video footage from the period reveals her as vivacious and quirky, a bundle of mischievous energy whose fair complexion might break a few hearts over the course of her stay. She seemed destined to skip back home to the relative anonymity of grad school, career and family, holding on to fond memories of an old Europe she would rarely, if ever, return to. What lay in store was an altogether different fate, a living nightmare. She retains the role of femme fatale in a film noir that was not of her choosing.

    On November 1st, 2007 British student Meredith Kercher was found dead in the apartment she shared with Knox and two other Italian students. Knox and her then boyfriend Raffaele Sollecito were accused of her rape and murder. The prosecution alleged that Kercher had been killed during a sex game gone wrong, with Knox orchestrating proceedings. Crucially, DNA evidence linked Knox to a knife the prosecution claimed could have been the murder weapon. But this evidence was found inadmissible when independent forensic experts found a strong likelihood of contamination of the DNA, leading to Knox and Sollecito’s successful appeal in 2011, ending their incarceration. They were definitively exonerated in 2015 by the Italian Supreme Court. In the meantime, a serial offender, Rudy Guede, was found guilty of the crime and is currently serving a reduced sentence after an early admission of guilt, based on incontrovertible DNA evidence and a confession after he had fled to Germany, from where he was extradited back to Italy.

    The circumstance of Meredith Kercher’s horrifying demise gave rise to a mystery play, in which the two main characters are removed from the scene of the awful attack. As the plot unfolds we encounter another articulation of evil no less sinister than that which prompted the fatal assault.

    It involved a battle of wills, and wits, between Amanda Knox and her prosecutor Giuliano Mignini, whose bizarre conjectures suggests perverse imaginings. He had been revealed as a fantasist before his attention was drawn to the pretty American student ‘inappropriately’ kissing her boyfriend outside the crime scene. In 2001, the same Mignini, as Perugia prosecutor, had ‘identified’ a satanic sect that supposedly killed women for black masses, which he linked to the unsolved ‘Monster of Florence’ serial murder case. To that he end, he arrested twenty people all of whom were, like Amanda Knox and Raffaele Sollecito, completely exonerated.

    In the 2016 Netflix documentary Amanda Knox we meet an unrepentant Mignini, who speaks of his fondness for Arthur Conan Doyle’s Sherlock Holmes. The pipe he sports seems in homage to the Victorian sleuth. It is unsurprising to discover this taste for fantasy fiction, and characterisations of extreme evil. Did he cast himself as the English gentleman – the ‘dandy’ long revered in Italy – defending an idealised damsel? In such imagining Kercher had been killed at the instigation of the promiscuous and drug-addled Knox, who was portrayed as a sinister witch.

    We may speculate that Mignini developed a sordid fascination with both Meredith Kercher and Amanda Knox. A devious and enduring campaign against Knox might suggest a Freudian sublimation.

    Mignini’s persecution of Knox and Sollecito could be dismissed as a sinister aberration of Italian justice, but for the extent to which his theories found favour among many Italians, stoked by an international tabloid media that latched on to every gruesome conjecture. The prosecution manipulated damaging evidence against Knox, in particular, before the court of international opinion, and a character of ‘Foxy Knoxy’, previously her MySpace handle, was invented. To this end, a policeman masquerading as a doctor lied to her saying she was HIV positive, and encouraged her to write a diary outlining her sexual history, which was then stolen and passed on to the media.

    In the documentary Mignini makes the startling boast that ‘normally people say that ‘Nobody is a prophet in his own country’, but that’s not what I experienced’. Casting himself as a Savonarola for our time, he sought to cast away the sins of the world, sins he believed were personified in Amanda. The backdrop to this was a widespread feeling of moral decline in Italy, especially identified with the then prime minister Silvio Berlusconi’s lewd antics. But Mignini’s self-righteousness recalls Shakespeare’s ‘Sonnet 94’: ‘Lillies that fester smell far worse than weeds’.

    Mark Williams suggests that a mythology ‘furnishes a culture with a total worldview, interpreting and mirroring back everything that that culture finds significant’. Contemporary Italian culture is still steeped in mythology, whose living presence is emphasised by the ubiquity of ancient ruins. Perugia itself possesses an architectural legacy stretching back to the ancient Etruscans.

    The Etruscan Arch or Arch of Augustus, Perugia. Image: Daniele Idini

    Italy was only unified in 1861. The following day, the politician and intellectual Massimo d’Azeglio famously said: ‘We have made Italy and, now, we must make the Italians.’ The formidable culture of Ancient Rome was drawn on in particular. For example, the term ‘fascist’ derives from the Latin word ‘fascis’ meaning bundle. ‘Fasces’ is a bound bundle of rods, which had its origin in the Etruscan civilisation and was passed on to ancient Rome, where it symbolised a magistrate’s power and jurisdiction.

    That Roman inheritance still exerts influence on the Italian collective unconscious, often importing an ideal of woman as objective beauty and passive agent. Laurens van der Post contrasts the Ancient Greek attitude to women, expressed in Homer’s Odyssey, with that of the Roman, expressed in Virgil’s Aeneid: ‘It is precisely because this journey of Odysseus and his reunion with the eternal feminine that is Penelope, is the blueprint of the Greek story that made Greece, I believe, more creative than Rome.’

    Van der Post contrasts Odysseus, who returns to his wife after twenty years of exile, with Aeneas – a Trojan who becomes the first hero of Rome – and symbolically rejects ‘the eternal feminine’, not once but twice. Firstly, in choosing to carry his father Anchises rather than his then wife Creusa, on his back out of a burning Troy; and afterwards, in his memorable rejection of Dido’s love in favour of patriarchal duty.

    After many trials Aeneas and his fellow surviving Trojan refugees land in Latium in Italy. There, he has learnt on a mystical Underworld journey, a (male) ancestor will establish the city of Rome. To bring this about, however, he must first subdue the local tribes. Defeating their champion Turnus in mortal combat he wins the hand of the virginal Lavinia, daughter of Latinus, king of the Latins. Critically, Virgil describes her as, ‘the cause of all this suffering, her lovely eyes downcast.’ The unashamed sensuality of Amanda Knox – kissing inappropriately outside a crime scene – was an insult to a Roman ideal of downcast loveliness.

    Knox and  Sollecito – he as collateral damage it seems – became the victim of Mignini, the latter-day Sherlock. In custody for days on end, and without access to lawyers, the young pair were made to sing. Confessions were extracted and subsequently recanted. In the grip of terror, bizarre fictions emerged.

    This is not unusual. Saul M. Kassin describes coerced-internalized false confessions‘, as ‘statements made by an innocent but vulnerable person, who, as a result of exposure to highly suggestive and misleading interrogation tactics, comes to believe that he or she may have committed the crime – a belief that is sometimes supplemented by false memories.’ Kassin cites numerous US cases where innocent parties implicate themselves in crimes in which subsequent DNA evidence definitively reveals they had no involvement. One such instance was the notorious Central Park jogger case, in which a number of young men confessed to a crime and were found guilty, before the real perpetrator came forward and admitted to the crime, saying he acted alone, with DNA evidence corroborating his account.

    Amanda Knox is often criticised for implicating Patrick Lumumba, the Congolese boss of the bar she worked in at the time. But who among us knows the scenarios that would spill forth to end a long and tortuous interrogation, after probable trauma in the wake of a horrific murder? The important principle is that confessions extracted under duress are entirely unreliable as evidence, and unworthy of consideration. Any charge of conspiracy over the false accusation should never have been leveled against her.

    As far back as 1908 Hugo Munsterberg  wrote about a Salem witch confession involving ‘illusions of memory’ in which ‘a split-off second personality began to form itself with its own connected life story built up from the absurd superstitions which had been suggested to her through the hypnotising examination.’ A witch hunt will find “absurd superstitions”, just as a man with a hammer sees nails.

    Jung’s conception of evil is useful for examining the aftermath of Meredith Kercher’s murder and rape. His ideas diverge from the Catholic doctrine of Privatio Boni, which identifies evil simply with the absence of good and not as an independent and eternal phenomenon. In contrast, Jung argues: ‘Evil does not decrease by being hushed up as a non-reality or as mere negligence of man. It was there before him, when he could not possibly have had a hand in it.’ Furthermore, he warned:  ‘The future of mankind very much depends upon the recognition of the shadow’. The serpent may crawl into the most rarefied of environments.

    Shadows in Perugia. Image: Daniele Idini

    The evil evident in Rudy Guede’s offence is a sadly familiar story of a dislocated childhood, and a spiral of nefarious deeds, ending in a heinous crime. But Mignini’s actions appear to represent denial of the shadow. He comes across as virtuous – disciplined, abstemious, family-orientated –  but he may have failed to countenance an evil lurking within his own nature. This may have led him to build a narrative out of diabolical imaginings, which nearly destroyed the lives of two young people, who will never fully recover from the ordeal.

    Jung saw the mechanism of the shadow as accounting for the persecution of Jews through history. He argued that Christians scapegoated Jews in response to their own rejection of the real meaning of Christ. Mignini’s reign of terror fits into a wider phenomenon of targeting individuals for broader perceived failings in a society. The origin of contemporary racism is also located in the inability of communities to live up to standards some members expect, with contagion blamed on an internal enemy.

    The Meredith Kercher case became a cause celebre in early twenty-first century in Italy. Television channels featured nightly debates which voyeuristically picked apart the details, while the personalities of the protagonists were relentlessly scrutinised and their images placed on constant display. One may assume it suited Silvio Berlusconi’s government, which controlled most television channels, to saturate the public mind with the protracted case, distracting from the endemic corruption, which would ultimately bring down his government in 2011, the same year as Knox’s successful appeal.

    Moreover, it is commonly believed in Italy that official explanations cannot be relied on. The suspicion that there is always something going on behind, ‘dietro’, the surface, produces the common word ‘dietrologia, used to refer to a conspiracy. The bizarre details of the Knox-Sollecito case fed a veritable industry in competing interpretations. Besides, a liberal critique could be countered by the racial dimension: the black African languishing in jail, while the white American escapes, plus ca change.

    Many Italians are still unwilling to contemplate that the whole Knox-Sollecito prosecution was indeed a bizarre invention. After all, to do so casts grave doubts over the integrity of their entire legal system. This has parallels with the unwillingness of Lord Denning to countenance the ‘appalling vista’ of police criminality in the Birmingham Six, wrongfully found guilty of the Birmingham pub bombings, who spent sixteen years in prison before the Court of Appeal quashed their conviction in 1991. The ‘Umbrian vista’ of a serious miscarriage of justice is still questioned by many Italians.

    Douglas Preston argued that the answer for this denial of an unwillingness to recognise a manifest injustice lies in the Italian concept of face (‘la faccia‘) ‘whose deep and pervasive power most Anglo-Saxons who have not lived in a Mediterranean country have a hard time appreciating.’

    V

    Amanda Knox and Christopher Robinson ‘selfie’, Dublin, February 2018

    I met Amanda Knox and her boyfriend the writer Christopher Robinson when they visited Dublin last month. They had arrived in advance of Amanda’s appearance on the Ray D’Arcy Show, her first television interview outside the United States since her exoneration in 2015.

    Like most people, I had taken a passing interest in what seemed a bizarre case, piqued more by the Umbrian backdrop to the crime scene than the lurid storylines. In truth, I had not given serious consideration to the guilt or innocence of the protagonist, and only engaged with the case when I met a person whose nature seemed entirely unfitted for the role of psychotic murderess. The more I read, the more my intuition was confirmed.

    The protagonists in high-profile cases seem unreal until you actually meet them, or not, as is the case with most of the self-anointed true-crime experts, who search Amanda Knox’s every gesture for ‘signs’ of guilt; bestowing credibility on evidence that was not only inadmissible, but may have been part of a sinister conspiracy.

    What is most striking about Amanda is an outgoing disposition, a West Coast woman with plenty of spunk. She and Christopher are a gregarious pair, at ease in the territory of literature, philosophy and languages, the last of which is her specialism. Surprisingly, she gives no impression of bitterness, even towards Italy. Perhaps it is still that failure to play the role of downcast Lavinia bemoaning her fate which evokes suspicion, but why should she restrain a natural joie de vivre?

    Nor does she shy away from recalling her experiences: casually dropping in a mention of the aubergine – or ‘egg plant’ – provided in prison; or how she earned the respect of illiterate inmates by writing letters on their behalf (in return at one point a Neapolitan gang pulled her out of a brawl that was getting nasty). Nonetheless, she has admitted to suicide ideation during four years behind bars. Sharing cells with hardened criminals for four years for a crime she did not commit provides a perspective few of us gain.

    On their trip I accompanied the couple on a hike along Howth Head, during which she revealed herself as an animal lover, greeting every pooch and kitty as if they were long lost friends. Travelling by train I became conscious of a few gawkers, mostly Italian tourists, but this did not interrupt her flow. She refuses to cower before unsubstantiated accusations. Understandably, between Amanda and Christopher humour has become a safety valve, though a lifetime of being the butt of cheap jokes cannot be an easy lot.

    Following her release she took a degree and then worked as a journalist for a local newspaper under a pseudonym. Now she uses her unchosen fame judiciously, advocating on behalf of the Innocence Project in the United States, and writing for Vice magazine, among others. Ideologically, she is left-liberal and opposes President Trump, despite his support for her cause. I can envisage her becoming a politician herself one day.

    The monster of Giuliano Mignini’s imagining is still at large in the obscure regions of virtual reality, and Amanda Knox seems likely to be pursued by vengeful furies all her life. She told me she receives death threats on a daily basis. In the anonymous chambers of social media she still evokes an outrage proving that mud, no matter how unearned, always sticks. A cursory search on Twitter for #AmandaKnox reveals an array of hateful commentaries. Yet she is free – free of guilt and free-spirited.

    From these exacting trials she bears wounds that will never heal, and a life sentence of having to defend herself against unsupported accusations. From a depth of suffering she emerges as a hero to anyone wrongfully accused; to women who are attacked for unashamed sensuality; for those who embrace life and do not succumb to despair. Like the rest of us, she has made mistakes, but her life experiences give her rare insights.

    The Knox-Sollecito case exposed wider failing in the Italian justice system – 4 million Italians since the Second World War have been falsely charged with criminal offences. That Giuliano Mignini and his jackbooted Squadra Mobile remain in positions of authority suggests the endurance of fascist attitudes in the administration of justice. Widespread corruption did not begin or end with Silvio Berlusconi, as Michael Day puts it: ‘Perhaps Italians should start looking in the mirror rather than blaming everything on one brilliant but unscrupulous entrepreneur.’ The octogenarian’s apparently impending return to power might be interpreted as a symptom rather than a cause.

    As part of that self-assessment embedded mythologies might be explored. Can the sympathetic vision of St. Francis displace the judgmental attitude of latter-day Savonarolas? Might the spirit of the exiled Roman poet Ovid return to metamorphose the relationship with the ‘eternal feminine’? His ‘Kind Earth Mother’ asks:

        Do I deserve this? Is this the reward
    for my unflagging truthfulness? For bearing
    year after year, the wounds of plough and mattock?
    And for providing flocks with pasturage,
    the human race with ripened grain to eat,
    the gods with incense burning on their altars?

    At least the many enlightened Italians I know can draw solace from Amanda Knox and Raffaele Sollecito’s belated exoneration by the Italian Supreme Court. That court also upheld a prison sentence against Silvio Berlusconi in 2013, which is now preventing him from returning to the office of Prime Minister. Many observers consider the senior Italian judiciary as a crucial bulwark against erosion of democracy and the Rule of Law.

    Perhaps the bereft family of Meredith Kercher may some day come to believe Amanda Knox’s protestations of innocence. Their grief must have been considerably heightened by Giuliano Mignini’s handling of the case. One suspects that any process of coming to terms with their loss will include some form of reconciliation with Amanda Knox and Raffaele Sollecito.

    RIP Meredith Kercher.

  • Palestine – To Exist is to Resist

    I have just returned from Hebron in the West Bank, a city where nearly sixty Palestinians have been extra-judicially executed by Israeli forces since the end of September 2015.

    On my last stint in Hebron, West Bank, while doing check point duty one morning one of my team mates overheard two very small children chatting:

    One said: ‘Will we throw some stones?’ To which the other child replied: ‘No, it’s the first day back at school.’

    That is how normal the fight for freedom from military occupation has become for Palestinian children, even if they are under age ten.

    We saw four small children, aged about ten, throwing stones at Qitoun checkpoint at 7.15 am, like 4 mice attacking an elephant. The response from the Israeli soldiers was to put on their gas masks, adjust their weapons and attack the children with sound bombs and canisters of tear gas.

    This new tear gas used by the Israeli forces pierces your eyes so badly you cannot open them. It scrapes across your throat so that you cough and cough. And all of this ensures that you cannot run away from it because you cannot see where you are going, and, even if you could see, you cannot breathe to move. Ten tear gas canisters landed in playgrounds of schools that morning. A little boy aged about four, with a Smurfs school bag on his back, and protected by his seven-year-old brother coughed and choked considerably longer than the other children. He was innocent, and the victim of the collective punishment that is systematically meted out to Palestinians by the Israeli state.

    That evening I arrived in Jaffa, Tel Aviv for a few days break, still coughing badly from the tear gas, and an Israeli man in a shop tells me that Israelis have had ‘enough’!

    And I’m thinking – you have no idea what ‘enough’ really means.

    ‘Enough’ is when you lock up seven hundred Palestinian children a year, from aged twelve to eighteen; when you arbitrarily arrest many of them at night from their beds.

    I have seen many children detained and arrested. The strongest memory I have is of one little boy, who looked about eleven, being detained. His little dark eyes locked hard on to my eyes. We looked at each other for a long time, he fearfully, pleading with hope in his eyes, and me with desperation and helplessness.

    ‘Enough’ is when you handcuff and blindfold children and abuse them while they lie on the floor of the military jeep, while you take them to prison. ‘Enough’ is when you ensure they will not see their parents until the day of military court, which can be four to eight days later.

    ‘Enough’ is when you beat them and put them in solitary confinement, you threaten that their family members will be arrested or that their home will be demolished or that you will sexually abuse them, if they do not confess. You force them to sign a confession in Hebrew, a language they do not understand, and this forms the basis on which the majority of Palestinian children are convicted in children’s court

    ‘Enough’ is when you ensure those children from twelve-years-of-age will not see a lawyer until a few minutes before their court case. You accuse the majority of throwing stones and you convict them in over 99% of cases with only 0.02% having a full evidentiary trial.

    ‘Enough’ is when you see that these children are brought into the military court in lines of four with chains on their feet joining them together.  I have heard the sounds of those chains clanking – twelve-year-olds with legs inn shackles in case they might escape from the fourth largest army in the world.

    The little child’s sad eyes pierce through the distraught eyes of their parents who have to sit in the back row of the military court, and who are not allowed to touch or hug their little ones. The public conversation that usually takes place between child and parent consists of: ‘Are you ok? Have you enough to eat?’; while he responds: ‘Are you all ok at home? What did the soldiers do after I left?’’

    And then the case is over in two minutes – cut and paste – same as all the other cases. Then the children are taken back to jail with their leg shackles clanking.

    ‘Enough’ is when you see from your child’s eyes that he has now completely lost his childhood.

    And none of this happens with Israeli settler children who are living in illegal settlements in the centre of Hebron.

    And you expect you will beat Palestinians into submission? Have you no idea that you are creating a university of learners who will react?

    This is life under Israeli military occupation in Hebron, West Bank. Enough.

    The Seanad and Dail recently passed the Control of Economic Activity (Occupied Territories) Bill 2018

    Despite the fact that it was passed by a 75 to 45 vote majority, and that all opposition parties voted for it in the Dail and in the Seanad, Fine Gael voted against this Bill and it is understood they will use the ‘Money Message’ procedure to block it.

    This is a little used procedure that Fine Gael have employed to block a number of Private Member’s Bills in the last months. This is undemocratic and a blatant political action to support Israel in its breach of International Law.  This move is in line with the non-recognition of the State of Palestine by Official Ireland, even though the elected members of the Dail and the Seanad voted unanimously to recognise the state of Palestine in 2014.

    Gerry O’Sullivan in Palestine with children.

    Gerry delivers Certified Professional Mediation Training that is accredited by the Mediators’ Institute of Ireland. She has delivered conflict and mediation training internationally with U.S. based Lawyers Without Borders, in partnership with the Director of Training from CEDR, U.K., and she is also an externally employed trainer with CEDR U.K. Gerry is a member of the Mediators Beyond Borders Consultants Team. She is a panel member with One Resolve and delivers mediation training under their auspices. Gerry was involved in the development of the Level 8 Certificate in Mediation training programme in the Law Faculty of Griffith College and she was invited to be the senior lecturer in that programme. She also delivered mediation training for the University of Limerick’s, “Masters in Peace and Development” programme. Gerry has written ‘The Mediator’s Toolkit: Formulating and Asking Questions for Successful Outcomes’, and it is published by New Society Publishing, Canada.