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Monday, January 26, 2009

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The Bolivian President, Evo Morales, 49, has claimed victory after voters ratified a new leftist constitution, granting more power to the country’s indigenous majority.

“The indigenous farmers, the most marginalized sector throughout the history of the republic, are now recognized as people with the same rights as any citizen. Here begins the new Bolivia. Here we begin to reach true equality,” Morales told a crowd in front of the flag-draped balcony of Palacio Quemado in La Paz, the administrative capital of Bolivia.

Ratified with about 60 percent support in a referendum on Sunday based on exit polls, the new constitution lets Morales run for re-election later this year and grants him tighter control over the economy. An official vote count of some 3.8 million registered voters who cast their ballots will be announced February 4.

With the new Magna Carta, South America‘s second poorest country after Guyana becomes a leader in the regional “pink tide” of left-wing governments that have ousted traditional elites and challenged American influence. The new constitution’s elements include recognition of 36 distinct Indian “nations”, increasing the autonomy of Bolivia’s nine regions, establishing state control over key natural resources such as gas, and setting limits on land ownership.

Morales has also promised Bolivia’s native groups that the constitution will keep the white “oligarchs” who ruled the country for 183 years from returning to power. The leftist constitution empowers the government to distribute land to indigenous communities and apportion ethnic quotas for state jobs, including congress seats. “After 500 years, we have retaken the Plaza Murillo! Internal colonialism and external colonialism end here too. Sisters and brothers, neo-liberalism ends here too!” said Morales.

Vice-President Álvaro MarceloGarcía Linera, a principal author of the draft constitution, hailed Sunday’s referendum results, saying, “this will be an egalitarian Bolivia, a Bolivia that leaves behind a dark, colonial, racist past.” Linera, however, has acknowledged that the government has provoked deep divisions and faces vehement oppositions from many of the traditional elite, coming from many mixed-race people in the fertile eastern lowlands which rejected the draft charter.

“I am not saying there will be no more conflict, there will be tensions for a while, I say a decade … but we will have built a state on three principles: the economy under state control, equality, and the territorial decentralization of power,” he said. The new constitution was rejected in four opposition-controlled regions: the tropical lowlands of Pando, Santa Cruz, Tarija and Beni, which contain most of Bolivia’s natural gas production and are responsible for most of its agricultural output.

With the split vote, Oscar Ortiz, the president of the opposition-controlled Senate, has voiced concerns that the charter has become a war of ideas. “The result [of the vote] … will show deep divisions between regions and between Bolivians in each region. A confrontation between ideas and visions about how this country will build its common future will continue,” he said ahead of the referendum.

Former president Carlos Mesa has predicted that the constitution is unlikely to pave the way for real social change amid continuing political struggles. “We will have so many legal battles to go through that I fear that last year’s belligerent climate will continue this year. President Morales is not coming at this with open hands, he has built trenches and dug in,” Mr. Mesa said.

Morales has dismissed the U.S. Drug Enforcement Administration (DEA) and the U.S. Ambassador to Bolivia, accusing both of conspiracy with the opposition to overthrow his government. The U.S. Embassy in La Paz has called the accusations “false and absurd.” Morales has been very popular among the poor and among Aymara, Quechua and Guarani.

The new constitution’s 411 articles address underrepresentation of indigenous peoples. “It may be the equivalent of Spain’s Reconquest of the Iberian Peninsula from the Moors in 1492. But instead of the blood spilled in that process, Bolivia is advancing in a democratic process that does not exclude or subjugate anyone,” said Xavier Albó, a Jesuit scholar and linguist.

“Finally we have a constitution that leaves racism and hatred aside, because indigenous people are included,” said Adolfo Chavez, president of the Confederation of Indigenous people of Bolivia (CIDOB).

In March 2005, then-President Mesa resigned. The President of Senate Hormando Vaca Díez assumed office as the country’s temporary President. Mesa resigned because of the announcement of highway blockages by Evo Morales and leaders of both the coca growers and the Movement Toward Socialism (MAS). The blockages were meant to pressure the Legislative so that the Hydrocarbons Law, which would raise taxes levied on hydrocarbon extraction from 18% to 50%, could be approved.

The MAS is a political party formed basically by coca-growing campesinos (farmers or farmworkers), communists, admirers of Fidel Castro and indigenous people. The party is against the U.S. government and the alleged American influence in the region, neoliberalism and globalization.

In December 2005, Morales won the presidential election in Bolivia to serve a five-year term. In the 2005 election, his victory marked the country’s first election of an indigenous head of state, but this claim gendered controversy due to the number of mestizo presidents who were elected or appointed before him. He was openly criticized by such figures as Mario Vargas Llosa, who accuses the President of fomenting racial divisions in an increasingly mestizo Latin America.

Morales ran on a campaign of restoring coca farming in Bolivia, in spite of the U.S. program aimed at reducing the ability to grow coca to curb the cocaine industry. Morales is an Aymara Indian and former coca farmer himself, and has described his victory as a signal that “a new history of Bolivia begins, a history where we search for equality, justice and peace with social justice.”

Morales is an admirer of Fidel Castro and he says he is also inspired by the President Hugo Chavez of Venezuela and Brazilian President Luiz Inácio Lula da Silva. Morales supports the creation of an anti-imperialist block formed by Latin-American and Arabian countries against the U.S., which is being organized by the Brazilian President.

In August 2008, Bolivian unrest began against Morales and calls for greater autonomy for the country’s eastern departments grew. Santa Cruz, Beni, Pando, Tarija and Chuquisaca called strikes and protests to oppose the central government’s plan to divert part of the national direct tax on hydrocarbons in favor of its Renta Dignidad pension plan. Brief clashes occurred in the Santa Cruz de la Sierra between police and armed youths enforcing the strike. Violence between Morales’ supporters and opponents resulted in at least 30 deaths.

In September 2008, Bolivian authorities declared a state of emergency in Pando, where Bolivian troops took control of the airport in the region’s capital, Cobija. Amid preparations to retake the city, 20 people were killed. In October 2008, the government and the opposition held talks following which resulted in the signing of a compromise agreement which set the referendum on 25 January 2009 and early elections on December 6, 2009.

Morales in turn promised that he would not run again in 2014 after his likely reelection in 2009, despite the fact that he would be allowed to do so under the new constitution. The new constitution was drafted by the Constituent Assembly in 2007. The referendum set forth two questions: whether to approve the new constitution and whether to limit private estates to 1,000 or 5,000 hectares.

Wednesday, December 30, 2009

Peter Moore, a British IT consultant and computer programmer who was taken hostage by Iraqi militants during a May 2007 militant raid on the finance ministry in Baghdad, has been released alive and in good health.

He is the only known survivor of a group of five hostages, consisting of himself, three bodyguards, and Alan McMenemy, a security guard from Glasgow. The bodyguards (Alec Maclachlan, Jason Swindlehurst, and Jason Creswell) were later shot and killed, and their bodies have been returned to Britain. McMenemy is believed to have met the same fate. The last time Moore was known to be alive was when a DVD showing him was handed to Iraqi authorities earlier this year.

The five men were captured by a group of approximately forty men disguised as Iraqi policemen in May 2007, who are believed to belong to the Islamic Shia Resistance, an obscure militant organisation also known as the Righteous League. Moore is now in the British Embassy in Baghdad, and is to be reunited with his family as soon as possible, according to Milliband.

United Kingdom foreign secretary David Milliband said that he was “absolutely delighted at his release” after two and a half years of “misery, fear and uncertainty”. He claimed to be in a “remarkable frame of mind” after a “very moving” conversation with Moore. He also asked for the release of McMenemy’s body. He said that no “substantive concessions” had been made by the British government, instead praising Iraqi Prime Minister Nouri al-Maliki for his government’s process of reconciliation.

British Prime Minister Gordon Brown issued a statement in which he said he was “hugely relieved by the wonderful news that Peter has been freed”, calling for the British people to “remember the families of British hostages who have been killed in Iraq and elsewhere.” He continued with a pledge that the government would “continue to do everything [it] can to bring British hostages back to their loved ones, including the remaining hostage of the group in Iraq, Alan McMenemy”. He said, “I demand that the hostage takers return him to us.”

Moore’s father, Graeme, said he was “over the moon” about his son’s release, saying, “We are so relieved and we just want to get him home, back now to his family and friends. I’m breaking down, I’m just so overjoyed for the lad. It’s been such a long haul. I know that there have been one or two people working in the background to get Peter released. Peter is a very resilient lad and he always has been because of his background.” He said the British Foreign Office had been “obstructive” with regards to his son’s release.

Monday, February 9, 2009

Michael Ray Aquino, a former Philippines National Police officer serving six years imprisonment in McRae, Georgia for espionage could now be eligible for immediate release after a United States Court of Appeals for the Third Circuit judge panel Friday modified a United States District Court for the District of New Jersey‘s judgment, ordering a resentence of the accused under more lenient guidelines.

“I feel relieved for Michael Aquino and his family. We won the appeal. Michael will be resentenced. His new sentencing range will be 36-46 months (that is, essentially time served). Aquino has now served exactly 41 months in prison to the day on Feb. 9, 2009,” Aquino’s lawyer, Mark A. Berman, Esq. said. “The accused pleaded guilty to merely to possessing military secrets, and a three-judge panel of the Third Circuit Court of Appeals agreed that Walls erred in using harsher sentencing guideline reserved gathering or transmitting classified documents,” Berman added.

But Federal prosecutors had argued for Walls’ sentence, alleging “his guilty plea included acknowledging the stolen documents could have been used to harm the United States, making him eligible for the stiffer sentence,” Christopher J. Christie, U.S. Attorney for the District of New Jersey submitted. “Crimes like these strike at the heart of our national security because they involve our keeping our secrets secret. These defendants will face the full weight of federal prosecution,” said US Attorney Christie.

“The arrests of Leandro Aragoncillo and Michael Ray Aquino affirm the FBI’s commitment to apprehending those who would seek to reveal classified information to foreign nationals,” explained FBI Special Agent in Charge Leslie Wiser Jr. Both accused were ordered in judicial custody without bail by United States Magistrate Judge Patty Shwartz in September 2005.

“While Aragoncillo was an active participant in the offense, Aquino’s role was purely passive,” wrote Circuit Judge Maryanne Trump Barry in a written opinion promulgated Friday, in “US v Aquino” (No. 07-3202), an appealed case originating from D.C. Crim. No. 05-cr-00719. In the judgment, federal judges Barry, Michael Chagares and Jane A Restani, Chief Judge of the United States Court of International Trade, sitting by designation, have acknowledged that Judge William H. Walls’ interpretation of the harsher sentencing guideline was understandable, but the statute is imprecise. “Accordingly, we will vacate the judgment of sentence and remand for resentencing,” the panel ruled.

“The Honorable Maryanne Barry” is a United States Court of Appeals for the Third Circuit judge, daughter of Mary MacLeod Trump, who hails from Tong, Western Isles. Barry is the older sister of real estate mogul Donald Trump and the mother of David Desmond, who is a neuropsychologist and the author of the satirical novel Oliver Booth.

The espionage case was the first of its kind, obliging the Court to turn to the dictionary instead as a legal tool to resolve the landmark case. Circuit Judge Barry then used the 1993 version of the Webster’s Third New International Dictionary to define the word “obtain.” The pertinent part, pages 9 to 10 of the 13-page decision provides as follows:

Judge Walls sentenced Aquino to 76 months imprisonment for violation of 18 United States Code 793(e), punishable under the harsher United States Sentencing Guidelines, 2M3.2, (Gathering National Defense Information, which imposes 35 years sentence if top secret and 30 years, if not) instead of the more lenient 2M3.3 (Transmitting National Defense Information, etc.)

Because of the Barry decision which modified the original Hall’s sentence, Aquino now faces 37 to 46 months imprisonment when he is resentenced by the United States District Court for the District of New Jersey. Since he has already served 40 months, he could be immediately released.

But since he was initially arrested in September 2005 for tourist visa rules violations, he will be delivered by the judicial authorities to United States Citizenship and Immigration Services when he leaves McRae Correctional Institution in Georgia. Aquino will be processed for deportation. McRae is a city in Telfair County, Georgia, United States.

Michael Ray Aquino was a former Deputy Directory of the Philippines National Police Intelligence Group and former senior superintendent of the now-disbanded Philippines Presidential Anti-Organized Crime Task Force under former Philippines president Joseph Estrada.

On November 24, 2000, PR man Bubby Dacer and his driver Emmanuel Corbito were kidnapped along the corner Zobel Roxas Street in Manila and the South Super Highway by gunmen believed to be members of the PNP. Four days after, the victims’ charred remains, consisting of burnt bones, metal dental plates and a ring, were later found in Barangay Buna Lejos, Indang, Cavite. Both victims were killed by strangulation.

P/Col. Glenn Galapon Dumlao, one of the accused, named former Po/Supt. Cezar O. Mancao II and former S/Supt. Michael Ray Aquino as the brains behind the crime. Mancao and Aquino were members of Presidential Anti-Organized Crime Task Force or PAOCTF, headed by then Gen. Panfilo Lacson. Suspects Mancao and Aquino left the country after being implicated in the heinous crime. Dumlao disappeared afterwards but later resurfaced in the US.

In 2005, murder cases were filed in Philippine courts and arrests warrants were issued against accused Dumlao, Aquino and Mancao. Dumlao, a resident of Patchogue, New York was arrested and held without bail on November 20, 2008 by virtue of a warrant of arrest issued by Judge William D. Wall. On December 10, Dumlao was ordered extradited to the Philippines by Judge A. Kathleen Tomlinson of the United States District Court for the Eastern District of New York in Long Island, New York.

The initial hearing of the extradition case of Dumlao’s co-accused, Mancao II, now detained in Florida, was held on December 3, in the US District Court in Southern Florida in Fort Lauderdale. Justice Secretary Raul M. Gonzalez had requested the US Justice Department to extradite Mancao and Dumlao to face murder charges in the Philippines. An extradition hearing has yet to be initiated for Aquino, although, as trusted officer of then PNP chief, now senator, Panfilo Lacson, was also requested for extradition by the Philippine government to face trial for the Dacer-Corbito double murder.

“Sir, the other day Leandro ‘Lean’ Aragoncillo called me. … He wants to talk to you and give you some updates on the political situation in the country,” wrote Aquino in an e-mail of January 2005 to his former boss Sen. Panfilo “Ping” Lacson. “I find all the information that you are sending me very useful. I hope you will continue sending more,” replied Sen. Lacson in an e-mail he allegedly sent in January 2005 to Aragoncillo. “By no means would you show this information. … I will be affected severely. Again, please protect the source – Me,” said Aragoncillo in an E-mail he allegedly sent in August 2005 to former Philippines President Joseph Estrada.

In March 2005, Aquino was arrested by immigration authorities for overstaying his visa. He contacted his friend, Leandro Aragoncillo, a Philippine-born civilian FBI Intelligence Analyst, who worked in the White House (between 1999 and 2002) as “administration chief” of the security detail assigned to the Vice President (Gore and then Cheney). However, Aragoncillo’s efforts on Aquino’s behalf eventually led to Aragoncillo being investigated by the FBI. In the course of that investigation, evidence of espionage against the United States Government was uncovered.

According to reports complied by Filipino intelligence professionals, there were indications of a link between Aragoncillo and the French intelligence service, Direction générale de la sécurité extérieure. Frequent visits by Aragoncillo to Manila allegedly were interspersed with clandestine meetings between identified, French operatives and several “illegals” (i.e. unregistered agents) around 2002 to 2004.

“What it means is that there is a hole in White House security. There are two kinds of people at the White House: Those that have been very well-vetted and those that have been extremely well-vetted and have access to the top secret computer network. This man had access to the top secret computer network.” said Richard A. Clarke, a former White House adviser.

“The FBI said Aragoncillo was concerned about e-mailing from his personal account so many classified documents from FBI computers, and he asked one recipient, Filipino opposition Sen. Panfilo “Ping” Lacson, whether he was a nuisance. “The reply, court records say, came back two days later in a cell phone message intercepted by the FBI: “What you are sending are never a nuisance to me. They are in fact informative and very useful,” Clark added.

In September 2005, Aragoncillo, a retired US Marine Gunnery Sergeant with 21 years service was suspended by the FBI, and arrested for violation of Title 18 of the US Code, Sections 371 and 951, admitting espionage activities from August 2000 to August 2005, and taking files while working under VP Cheney from 2001-2002, including giving information to another country.

In July 2007, Aragoncillo, age 50, a naturalized US citizen residing in Woodbury, New Jersey was sentenced to 10 years imprisonment for “transferring classified information to assist in overthrow of Philippines government.” Aragoncillo, admitted passing information by cellphone text messages and e-mail messages through Hotmail and Yahoo accounts, to Aquino, former President Joseph Estrada, Sen. Panfilo Lacson, and opposition politicians, who wanted to oust Mrs. Arroyo, including former House Speaker Arnulfo Fuentebella, according to court documents. He will be released from Federal Correction Institute in Big Spring, Texas on May 28, 2014.

The court fined Aragoncillo $40,000. “I never intended to cause harm or injury to the United States,” Aragoncillo told the judge. In July 2007, Sen. Panfilo Lacson as well as deposed president Joseph Estrada have admitted to receiving information from Aquino, but they denied any conspiracy. “Aquino is determined not to return to the country,” said Sen. Lacson, who admitted extending financial support to Aquino and his family.

In July, 2008, Sabina and Carina Dacer, the daughters of missing public relations man Salvador “Bubby” Dacer testified at the Manila Regional Trial Court (RTC), after almost eight years of self-exile in the United States. “In his exact words he said, ‘mga anak, kung may mangyari sa akin, walang ibang may kakagawan noon kundi si Ping Lacson, (my daughters, if anything happens to me, no one but Ping Lacson is responsible)” Sabina Dacer told ABS-CBN News and Current Affairs. “Hindi naman kilala ng daddy ko si Michael Ray Aquino as far as we know eh. So kung hindi siya kilala ng daddy ko, sino yung kilala niya na kilala ng daddy ko? (My dad does not know Michael Ray Aquino as far as we know. So, if my dad does not know him, whom does he know that my dad knows?)” Carina Dacer said.

Sen. Panfilo Lacson has vehemently denied any involvement in the Dacer-Corbito murder case. “For the Nth time, I will assert the truth that I had nothing to do with it,” said Lacson in a text message. “They can lie and make people lie even under oath and before a court of law to make me look bad and guilty in the Dacer case. In fact, right after Dacer disappeared, the family sought my help… And I responded the way I should as a law enforcement officer at that time,” Lacson explained.

On Saturday, September 10, 2005, Aquino was also arrested at Queens, New Jersey and was charged with conspiracy and acting as an agent of a foreign official in the jurisdiction of the United States District Court for the District of New Jersey, presided by U.S. District Judge William H. Walls. Aquino was accused of helping Aragoncillo transmit classified United States documents regarding President Gloria Macapagal-Arroyo to her opponents in the Philippines, including both former President Joseph Estrada and current opposition leader, Panfilo Lacson, who had been Aquino’s superior in the police force.

In an indictment of 6 Oct 2005 signed and filed by United States Attorney Christopher J. Christie, the Grand Jury sitting at Newark, New Jersey, accused Aquino with charges of – “knowingly communicating classified information by a government employee to an agent or representative of a foreign country (i.e. receiving classified information), acting as an agent of a foreign official without notification of the Attorney General, in violation of Title 18 of the US Code, Section 951, conspiracy to commit all of the above offenses in violation of Title 18 of the US Code, Section 371, and not cooperating with authorities, under Title 18 of the US Code, Section 2.

Under an eventual plea-bargain agreement, Aquino entered a plea of guilty to illegal possession of classified documents, but avoided the more serious charge of espionage which Aragoncillo received. On July 17, 2007, Aquino was sentenced to six years and four months in prison by U.S. District Judge William H. Walls. Federal prosecutors had sought the maximum 10-year term.

Aquino “did subject our nation to some peril,” ruled Judge Walls. “I am sorry for what I did. I never had the intention to harm the United States. I love this country,” said Aquino who addressed the court for three minutes before sentencing, and apologized. On November 21, 2008 his reduced sentence request was submitted to the appellate court.

Meantime, the Philippine National Police (PNP) is monitoring developments in the Aquino espionage case. “Of course we are interested in his case, but all we can do is to wait for the outcome of the case of Michael Ray in the US,” said a police official.

The Alliance for A Just and Lasting Peace in the Philippines has criticized the judgment: “For the AJLPP the news of the release proves that the charade of injustice is ever present when it comes to the cabal of AFP men who served as worst human rights violator and proven puppets of the United States military like the Lacson boys,” the AJLPP said. “On the other cases of oppressed immigrants like the Baoanan case languishes in courts and not acted upon. So much for double standard of American justice system.” The AJLPP statement concluded.