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Death by Homeland Security #3: The Disappeared

From Nina Bernstein and Margot Williams, The New York Times (2009-04-02): Immigrant Detainee Dies, and a Life Is Buried, Too:

The hand-scrawled letter from a New Jersey jail was urgent. An immigration detainee had died that day, Sept. 9, 2005, a fellow inmate wrote in broken English, describing chest pains and pleas for medical attention that went unheeded until too late.

Death … need to be investigated, he urged a local group that corresponded with foreigners held for deportation at the jail, the Monmouth County Correctional Institute in Freehold. We care very much because that can happen to anyone of us.

Yet like a message in a bottle tossed from a distant shore, even the fact of the detainee's death was soon swept away.

Inquiries by the local group were rebuffed by jail officials. Complaints forwarded to the Department of Homeland Security were logged, then forgotten. And when pressure from Congress and the news media compelled Immigration and Customs Enforcement to produce the first list of people who had died in their custody, the Freehold case was not on it.

The difficulty of confirming the very existence of the dead man, Ahmad Tanveer, 43, a Pakistani New Yorker, shows how death can fall between the cracks [sic! –R.G.] in immigration detention, the rapidly growing patchwork of more than 500 county jails, profit-making prisons and federal detention centers where half a million noncitizens were held during the last year while the government tried to deport them.

… Even now, most questions about Mr. Tanveer are unanswered, including just who he was and why he had been detained. The rescue of his death from oblivion took a rare mix of chance, vigilance by a few citizen activists, litigation by the civil liberties union and several months of inquiry by The Times. Even as the newspaper confirmed Mr. Tanveer's death with jail officials, and tracked his body's path from a Freehold morgue to the cargo hold of an airplane at Kennedy Airport, immigration authorities maintained that they could find no documents showing such a person was ever detained, or died in their custody.

Not until March 20, in response to a new request by The Times under the Freedom of Information Act, did the agency release an internal e-mail message acknowledging that the death had been overlooked. It issued a corrected list that now includes him — his first and last names transposed — among 90 people who died in immigration custody between Oct. 7, 2003, and Feb. 7, 2009.

… In Mr. Tanveer's case, efforts to draw public scrutiny were exceptional, yet went nowhere. The scrawled note by his fellow detainee, a Nigerian who garbled the dead man's name as Ahmed Tender, reached citizen activists at the New Jersey Civil Rights Defense Committee, who were unable to confirm it. Other complaints that Mr. Tanveer did not receive proper care separately reached a former member of the group, Jean Blum, a disabled Holocaust survivor who had continued corresponding with dozens of detainees from her home in Paterson, N.J., even though she could barely afford the postage.

I am very, very aware of the issues that involve displaced people, said Ms. Blum, 73, who was a child when she and her parents, Polish Jews, fled the Nazis. I could not turn my back, because that is my history.

Ms. Blum forwarded a packet of correspondence about the death to the Department of Homeland Security's inspector general by Sept. 20, 2005, seeking an investigation. But within weeks, documents show, the matter was simply passed for internal inquiry to the immigration agency, which is part of Homeland Security, with the notation that it need not bother to report back its findings.

Years after Mr. Tanveer's death, the scrawled note about his heart attack came to the attention of the A.C.L.U., and its lawyers noticed that no such name appeared on the first government list of 66 people published by The Times in 2008. The union added the name to its lawsuit, and eventually obtained the paper trail on what Ms. Blum had sent the government.

The union learned that the inspector general's office had written up a synopsis of the allegations for investigation by the immigration agency, saying that Ahmad Tander, a Pakistani detainee housed at the Monmouth jail, had died from a heart attack whose symptoms were obvious, severe and ignored until it was too late, amid conditions of neglect and indifference to medical needs.

But when the A.C.L.U. pressed for more, government lawyers said no further records could be found.

Early this year, The Times called a spokeswoman for the Monmouth County Sheriff, who confirmed the death and gave the name as Tanver — later correcting the spelling to Tanveer.

In names transcribed from a foreign alphabet, such variations often pose a problem of identification. But the facts matched: Mr. Tanveer had arrived at the jail in immigration custody on Aug. 12, 2005, and on Sept. 9 was taken by ambulance to CentraState Medical Center in Freehold, where he died, the spokeswoman, Cynthia Scott, said. Under the jail's federal contract, she said, nothing more could be disclosed.

A CentraState spokesman initially denied that such a patient had died at the hospital. Later the medical record was found misfiled, and the spokesman, James M. Goss, confirmed the man's death at age 43. But, citing privacy laws and policy, he declined to answer other questions about the case, including what had happened to the body.

In New Jersey, as in many states, autopsy reports are private. But the county morgue confirmed that an autopsy had been performed. Eventually, two details were shared: the name of the Queens funeral home that picked up the body for burial on Sept. 12, and the fact that the autopsy report was sent two months later to Mark Stokes, an official in the New York office of Immigration and Customs Enforcement.

Yet for more than three years since, the tallies and testimony that the agency submitted to Congress about detainee deaths have not included the Tanveer case.

In January 2009, equipped with confirmation, The Times again requested documents in Mr. Tanveer's death. President Obama had just directed federal agencies to err on the side of transparency in releasing records to the public. But a Freedom of Information officer soon said she was stymied: Immigration record-keepers told her no documents could be located without the dead man's date of birth or eight-digit alien registration number.

And the body? The director of the funeral home, Coppola-Migliore in Corona, Queens, said Mr. Tanveer's New York relatives had it flown to Pakistan for burial, using Pakistan International Airlines. But the funeral director declined to identify the relatives without their permission and said they had not returned phone calls. And the Pakistani Consulate had no record of the case.

Also futile was a search for witnesses among fellow detainees, many since deported. The Nigerian detainee who wrote the urgent letter, an ailing diabetic, was later released pending a deportation hearing. According to social workers at the Queens-based charity that was his last known contact, he is now a homeless fugitive, lost in the streets of New York.

Victoria L. Allred, chief of staff in the financial office of Immigration and Customs Enforcement, wrote in an internal e-mail message March 4 that the death had not been discovered until after the chart omitting it had been submitted to Congress for the latest subcommittee hearing, March 3. I apologize for the discrepancy, she wrote.

Yet as of Thursday, immigration authorities still have not released records on Mr. Tanveer's detention or death, which they attribute to occlusive coronary atherosclerosis, nor have they addressed the complaint that his heart attack went untreated in the jail for more than two hours.

On the expanded list, he is the only detainee with no birth date. And in the e-mail message acknowledging the death, his alien registration number has been redacted — to protect his privacy, the government said.

— Nina Bernstein and Margot Williams, The New York Times (2009-04-02): Immigrant Detainee Dies, and a Life Is Buried, Too

Ahmad Tanveer was abducted, caged, deliberately denied medical care and left to die in jail, and then disappeared by the United States federal government’s bordercrats and their hired thugs, who have gone up and down the chain of command denying, declining, misfiling and deliberately blocking disclosure of information about the case at every turn. They haven’t done a damned thing to investigate this man’s murder and they’ve did their best for years to make sure that nobody ever found out much of anything about it. The Times deserves a great deal of credit for doggedly investigating, and ultimately exposing, what has been going on in la Migra’s special prison system. But there’s a deep problem with passing it off as a matter of some poor shmoe falling between the cracks of a patchwork system of government immigration jails — as if this were a matter of disorganization or bureaucratic inefficiency — rather than what it is, an act of administrative murder, followed by a campaign of repeated stonewalling and cover-ups, under the excuse of Homeland Security, or on the outrageous claim that they are doing it out of concern for the privacy of their own victim. Not just in this one case, but over, and over again, to God knows how many people:

We still do not know, and we cannot know, if there are other deaths that have never been disclosed by ICE, or that ICE itself knows nothing about, said Tom Jawetz, a lawyer with the American Civil Liberties Union, which has been battling in court for months to obtain government records on all detention deaths, including the Freehold case and those named on the first government list, obtained by The New York Times under the Freedom of Information Act and published last year.

We believe we have accounted for every single detainee death, Kelly Nantel, a spokeswoman for Immigration and Customs Enforcement, said last week, adding that a death in March was promptly reported to Congress under a policy directive from Dora Schriro, the new administration's special adviser on detention.

Yet even the latest list, which Ms. Nantel called comprehensive, thorough, is missing a known death from 2008: that of Ana Romero Rivera, a 44-year-old Salvadoran cleaning woman who was found hanged last August in an isolation cell in a county jail in Frankfort, Ky., where she was awaiting deportation. Federal officials now disagree whether she was legally in their custody when she died.

There are unverified reports that other detainees may have died unnamed and uncounted. At the Florida Immigrant Advocacy Center in Miami, for example, directors cite a letter in late July 2007 from a detainee who described an 18-year-old Haitian woman, Mari Rosa, coughing up blood for hours without medical attention at the Glades County Jail in Moore Haven, Fla. The letter said she fell to the ground, had no pulse when she was finally taken to the medical unit and was never brought back, adding, The detainees think she is dead.

The center has been unable to confirm what happened to that woman, said Susana Barciela, its policy director.

… As Congress and the news media brought new scrutiny to the issue, several detention deaths have highlighted problems with medical care and accountability. In one, a Chinese computer engineer's extensive cancer and fractured spine went undiagnosed at a Rhode Island jail until shortly before he died, despite his pleas for help. In another, records show a Guinean tailor who suffered a skull fracture in a New Jersey jail was left in isolation without treatment for more than 13 hours.

— Nina Bernstein and Margot Williams, The New York Times (2009-04-02): Immigrant Detainee Dies, and a Life Is Buried, Too

Representative Zoe Lofgren of the state of California, is shocked — shocked! — to find that such a thing would be going on in the government’s special immigration prisons:

How can you overlook a guy who died in your custody? asked Rep. Zoe Lofgren, a California Democrat who has presided over two subcommittee hearings dealing with care and deaths in detention, battling unsuccessfully for full disclosure from immigration officials. Did they forget other people? Was it an isolated, single error, or was it something more sinister?

— Nina Bernstein and Margot Williams, The New York Times (2009-04-02): Immigrant Detainee Dies, and a Life Is Buried, Too

But the answer to these questions are easy. This case — all these cases, and more — happened because of a single error. But not an isolated one. The system itself is the error — there is no possible way to enforce immigration controls without creating special, parallel systems of imprisonment and administrative courts in which basic civil liberties and basic principles of due process are eliminated. There is no possible way for the government to go around trying to detect and exile undocumented immigrants without reversing basic components of due process, like the presumption of innocence. Any system of immigration documentation necessarily places the burden on the documented person to prove to the government’s satisfaction, by producing their documentation, that they have a right to exist where they do — rather than putting the burden on the government to prove that they do not. (The government will no doubt object that they can’t prove a negative. Of course they can’t, which is why they can’t implement a system of border laws within the bounds of anything resembling due process. Which is an argument against border laws, not against due process.) Any system of border laws whatever will always produce special prisons and special courts for the administration of the federal Fugitive Alien Acts, in which those imprisoned and judged will be stripped of basic privileges or immunities, and denied any realistic hope of recourse for crimes committed against them.

When Anarchists speak about a society based on consent, and when we say that we can settle any genuine issue of socio-economic coordination and community life through consensual, grassroots processes of negotiation and free association or dissociation — without government armies, government borders, or government prisons — we are constantly accused, by some sanctimonious know-it-all who presumes that repeating statist chestnuts amounts to hard-nosed realism and some special expertise in history and in the problems of life, of being utopians, whose ideas have no hope of practical workability. But as a matter of fact, we Anarchists have nothing on those who imagine that there can be some right way to run statist institutions, with the right policies in place and with virtuous and competent people to administer them, that will somehow avoid the predictable results that have happened in every other government institution like it. It takes the most naive sort of utopianism, and the cruelest sort of killing negligence, to go on pretending, in the face of both logic and historical evidence, that there is some possible way for government to construct systems of special tribunals in which people are treated as legal non-persons, without bringing along what this sort of thing has always and everywhere produced — effectively unchecked power by the government over its prisoners, who are granted no rights and given no recourse, and, what always follows unchecked power, rampant brutality, negligence, lying, death, and disappearance. There is no way to do it, no way at all. You cannot enforce border laws without constructing a system like that, and you cannot construct a system like that without, eventually, to a greater or a lesser degree, repeating every brutality and every horror that has always come along with every system of legal black holes, special security courts, and concentration camps that the world has ever known.

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Victory to the farmworkers! Coalition of Immokalee Workers announces that Subway has signed on to the penny-per-pound pass-through agreement

Fellow workers,

The Blockheads of the world may insist that unions survive only through violence, and win only through either the intervention of the State or vigilantism against non-unionized fellow workers. Yet somehow, today, I find this message from the Coalition of Immokalee Workers — and a similar e-mail from their allies in the Student/Farmworker Alliance — a southern Florida farmworker’s union that uses nonviolent protest, secondary boycotts, and other creative pressure campaigns on behalf of Florida tomato pickers, and which (because it is a farmworkers’ union) has no access at all to the government labor relations bureaucracy. Somehow, they have survived. Somehow, they have won — again.

From: Coalition of Immokalee Workers
Date: 11:29 AM
To: announce@lists.ciw-online.org
Subject: [CIW News] SUBWAY SIGNS!

Subway, the third largest fast-food chain in the world and the biggest fast-food buyer of Florida tomatoes, reached an agreement this morning with the CIW to help improve wages and working conditions for the workers who pick their tomatoes!

Be sure to visit http://www.ciw-online.org for a photo of the signing and check back soon for more details about this exciting development in the Campaign for Fair Food.

If you are planning a protest as part of the Northeast tour, we ask you to stand down. The tour will still be hitting the road to visit Northeast with news of this newest victory and information on where the Campaign for Fair Food will head next. An updated schedule of events will be posted on the website soon.

Thanks,

The Coalition of Immokalee Workers

For those keeping track at home, here’s the timeline of C.I.W. victories in the penny-per-pound campaign:

  • April 2001: C.I.W. launches the Boycott the Bell campaign against Taco Bell, the first campaign to pressure a fast food restaurant into joining the penny-per-pound pass-through program to improve the piece rate for Florida tomato pickers.

  • March 2005 — 4 years later: The C.I.W. announces victory in the Taco Bell campaign after four years of negotiations, boycotts, protests, and, finally, a hardball campaign to enlist sympathetic student groups to Boot the Bell by pressuring their colleges and high schools to cancel or call off food-service contracts with Taco Bell. Taco Bell now becomes the first fast food provider to voluntarily pass through money to increase farmworkers’ wages. The C.I.W. announces that it will now turn its attention to getting similar agreements from other large fast-food chains like McDonald’s and Burger King.

  • April 2007 — 2 years after that: The C.I.W. announces victory with a penny-per-pound agreement from McDonald’s. It takes two years of negotiations and a low-intensity pressure campaign; just after the C.I.W. announces it is about to escalate with another Taco Bell-style boycott and Truth Tour, McDonald’s signs on for the agreement. The C.I.W. announces that it will organize its next campaign, focusing on Burger King.

  • May 2008 — 1 year after that: The C.I.W. announces victory with a penny-per-pound agreement from Burger King after a year of negotiations, some very dirty dealing by Burger King (most of which came back to haunt them when it was exposed), public protests by the C.I.W. and its allies, and national press attention from journalists who supported the C.I.W. and opposed Burger King’s union busting tactics. 13 months after the C.I.W. began its Burger King campaign, Burger King announces that it will sign on for the penny-per-pound agreement. The C.I.W. announces that it will organize campaigns to get new agreements from fast-food restaurants and grocery stores like Whole Foods, Subway, and Chipotle, which sell themselves as healthy, sustainable businesses.

  • September 2008 — 4 months after that: The C.I.W. announces victory with a penny-per-pound agreement from Whole Foods. The C.I.W. announces that it will turn its attention to escalating their campaigns to win similar agreements from Subway and Chipotle.

  • December 2008 — 3 months after that: After seven months of negotiations, and three months of a low-intensity pressure campaign (focusing on getting supporters to send postcards to Subway’s CEO), the C.I.W. announces plans to launch a multi-city protest Truth Tour in the northeast. Just before the tour begins, Subway agrees to sign on to the penny-per-pound agreement.

If the accelerating trend continues, we can expect the next C.I.W. victory to be announced some time around late January or February. (Except for Whole Foods being two months early, the time it takes for each new victory has consistently followed a geometric decay curve. That can’t last forever, but here’s hoping it holds for a while yet.) In any case, this is a big win, and it's hardly the end. The C.I.W. is still fighting to get an agreement from Chipotle, and is preparing to organize pressure campaigns for other supermarkets and food service outfits. There's a lot more yet to come.

Fellow workers, the C.I.W.’s ongoing series of inspiring victories for Florida farmworkers are both an inspiration and a reminder. We should never forget the power of creative extremism and wildcat unionism — a power that needs no government, no ballot boxes, no political bosses, no Officially Recognized labor bureaucrats, no lawyers, and no Changeling political parties. It’s the power that fellow worker Joe Ettor reminded us all of, as he and his fellow workers struggled to a hard-won victory in the great Bread and Roses textile strike of 1912, when he said:

If the workers of the world want to win, all they have to do is recognize their own solidarity. They have nothing to do but fold their arms and the world will stop. The workers are more powerful with their hands in their pockets than all the property of the capitalists. As long as the workers keep their hands in their pockets, the capitalists cannot put theirs there. With passive resistance, with the workers absolutely refusing to move, lying absolutely silent, they are more powerful than all the weapons and instruments that the other side has for attack.

Yes, we can do it–ourselves. And we will.

¡La lucha sigue–victory to the farmworkers!

See also:

Two cheers for police corruption

So there are a lot of cops who are involved, somehow or another, in the drug trade. Sometimes they sling the drugs themselves; often, they just protect drug dealers from arrest. Like any form of Prohibition, government Drug Prohibition creates a condition in which there are lots of black market operators who are willing to pay bribes, and lots of cops who are willing to take them, in order to keep the drug trade running without police interference. The cost of the bribe is a drain, but the profits from a well-run drug dealing outfit make up for it, and the cost of the bribe is less than the cost of getting locked up in prison for several years. In fact, the Drug War Chronicle runs a regular feature called This Week’s Corrupt Cop Stories, which I guess is intended to show how the conditions fostered by Drug Prohibition inevitably produce police corruption. A point which is pretty well conveyed just by the fact that they have plenty of stories to run every single week, as much as by any of the individual stories that they run.

But there’s a problem with the word corrupt. To become corrupt is to become impure, damaged, or worse. To be corrupt is to be doing something wrong — and when we apply it to people, it usually means that someone is bribed into doing something depraved in exchange for some form of material reward — most commonly violating personal or professional ethics in exchange for money. But protecting a drug dealer from arrest is only unethical if you have an ethical obligation to arrest drug dealers. If, on the other hand, Drug Prohibition is unjust — if enforcing drug laws means violating the rights and the freedoms of innocent people, often by locking nonviolent offenders in a cage for years at a time even though they violated nobody else’s rights — then cops have no ethical obligation to arrest drug dealers, because nobody has an ethical obligation to do an injustice to innocent people. Then a lot of what commonly gets called police corruption is really nothing of the sort; so-called corrupt cops may be turncoats in the Drug War, but they are turning from the wrong side to the right side. Those who protect drug dealers from arrest are no more dirty than cops in antebellum America who refused to turn fugitive slaves over to the slave-catchers, or cops in Nazi Germany who refused to turn hiding Jews over to the Gestapo.

Of course, someone who has to be bribed into doing the right thing may not deserve blame for what she does; but she probably doesn’t deserve praise either. And so-called corrupt cops may in fact do other things that do deserve blame. (Many, if not most, of the narcs or patrol cops who get involved in the drug trade do end up acting much like Terrence Richardson in Houston — that is, as thieves, thugs, or shake-down artists, using their police power or threats of violence in order to intimidate and coerce competing drug dealers who don’t have the same connections to the Gangsters in Blue. But here the problem isn’t that the cop is slinging drugs. The problem is that the cop is cracking skulls of other people who sling drugs, and getting the drugs he slings by stealing them from other drug dealers.) Hence the two cheers, rather than three. But then consider a case like that of Keenan Colson, a cop in Lake Wales, Florida:

Lake Wales police officer Keenan Colson, 50, was arrested Wednesday by the Polk County Sheriff’s Department on multiple charges stemming from information he leaked to 25-year-old Clayton Hoerler, a known criminal offender, including blowing the cover of an undercover cop, said LWPD Chief Herbert Gillis.

. . . Colson faces one count of conspiracy to engage in a pattern of racketeering action, five counts unlawful use of two-way communications device, and four counts unlawful use of computer access after he was tied to an investigation that ultimately netted 18 people arrested in conjunction with what was described by county law enforcers as a violent marijuana distribution ring.

Polk County Sheriff Grady Judd agreed with Gillis, noting in a phone interview Thursday that the blame rests solely on Colson and his actions.

It’s important to point out we don’t in any way suspect anyone other than Keenan Colson. We don’t want to leave any impression of that being anything other than an ethical police department. They run a great shop there. The men and women there are very dedicated. This is just one crooked cop, he said.

But it was one cop nobody seems to have expected to compromise the integrity and safety of his fellow police officers.

Colson’s actions sent shock waves throughout the LWPD.

Captain Patrick Quinn said he was hurt and shocked because he regarded Colson as the rock, a man who was always there, went to his calls, took his reports, was dependable.

Quinn, who was not involved in the investigation, was briefed about the situation on Tuesday.

Several people fall from grace, he said. That stinks, that hurts. We hire people, unfortunately people are going to do stupid things sometimes.

Quinn said Colson made a bad choice and was going to have to answer for his bad choice, but added that everyone in the department was upset.

We have lost a member of our family for his bad choice, he said.

What frustrated the chief so much is the concept that the lives of other officers were put in danger. Undercover work presents challenges of it own, he noted, calling it one of the most dangerous jobs in law enforcement because of its vulnerability.

And for Keenan Colson to identify to criminal offenders, this undercover officer, this undercover deputy, could have caused him to be killed, and could have caused the deputies that were working with him, the undercover officers to be injured, he said. That is something that will never be forgiven.

Gillis said Colson’s arrest was about justice for the police officers that are doing a good job every day. And it is those who trusted Colson that wonder what went awry with him.

Having had no prior indications to believe that Colson was capable of betraying his fellow officers, the chief described Colson as a very likable guy, very respectful, very quiet, very courteous.

How he got hooked up with a known criminal offender still stumps investigators, Gillis said.

Judd said he isn’t sure of the connection either, but said investigators did believe there was a prior relationship. In the late 1990s, Colson was an officer in Lake Hamilton, and Clayton Hoerler, identified as being one of the alleged ring leaders, apparently lived in Lake Hamilton at that time as well. Hoerler, 25, was identified this week by the county sheriff’s office as being a Lake Alfred resident.

We know from the investigation that they were good friends, Judd said. We know they discussed criminal activity freely, and that Colson give him intricate instructions in how to avoid arrest and how to protect himself from covert investigation. He was certainly the consultant for Hoerler.

— Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

If that’s what Keenan Colson did, then good for Keenan Colson.

The Drug War is an aggressive war by the government against innocent people. Neither using marijuana, nor selling marijuana violates anybody else’s rights. Like all so-called victimless crimes, it is in fact not a crime at all in any moral sense; crimes have identifiable victims, and consensual exchanges between willing parties have none. Cops who use force to shut down drug dealing outfits — and that is the only way that cops shut anything down, by beating people, tasering them, pepper-spraying them, pulling guns on them, restraining them, handcuffing them, confining them in police cars and holding cells, and ultimately by having them locked up in cages for years at a time, all of it backed up by the threat of inflicting pain, injuring you, or killing you if you should resist their orders — those cops, I say, are using violence against peaceful people; they are hurting, restraining, and imprisoning people who have never violated the rights of any identifiable victim. If they come after your friends on the basis of these unjust drug laws, then, morally speaking, they are the criminals, and using your connections and your knowledge of the system in order to defend your friend and his livelihood from their aggression — by telling him how to avoid detection, by telling him how to keep from getting unjustly arrested, and by exposing the undercover police spies who have been sent to infiltrate his circle and facilitate the narcs’ efforts to seize innocent people and locking them in cages for the next several years, is not corrupt. It’s certainly not an unforgivable sin. That’s protecting the innocent, and doing so while putting yourself at considerable personal risk from the same uniformed gang that you are trying to protect your friend from. It is, in fact heroic, and Keenan Colson deserves the title of hero far more than the vast majority of the arrogant, preening, entitled cops who never stop hollering about their own heroics and the protection they inflict on unwilling recipients every day.

Meanwhile, the police chief in Lake Wales has decided to engage in a low form of farce:

If your officers do commit criminal acts, they need to be arrested just like anyone else, the chief said. A lot of times things may be handled where people may be just terminated or let go. That’s not the way you are supposed to do things, that’s why I told the officers around here hold your heads up. We’ve been through a lot, we’ve been in the paper a lot with our officers who have done stuff wrong.

We are going to hold offenders accountable, because we hold our people accountable. To me that is a good thing because we hold ourselves accountable first, we hold offenders accountable second. And that’s a position you want to be in law enforcement, that’s accountability, that’s integrity, he added.

— Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

That’s bullshit, is what that is.

When cops harass, unjustly imprison, beat, hurt, torture, rape, or kill the people that they contemptuously dismiss as civilians, there isn’t a damn bit of accountability. They may be transferred to another precinct; they may be given a paid vacation for a few months before fellow cops exonerate them in administrative hearing for a few months; in really extraordinary circumstances, where evidence of guilt is undeniable and has also, by the way, been reeased to the public, someone might actually lose their job over it. But they will almost certainly never face jail time, or any criminal responsibility whatsoever, for what they do. As the victim, you might, if you are very lucky, get an Oops, our bad; realistically, what you’re more likely to get is Fuck you, civilian.

The reason that Keenan Colson has been arrested and is now threatened with jail has exactly nothing to do with any general commitment by the police force to accountability or integrity. The unforgivable sin for which he is being arrested and prosecuted is the fact that he gave out information that messed with the game of the other cops who were coming after his friend. Cops protect their power, and they’ll do just about anything to anybody who endangers that by valuing the safety of a friend over the ability of his gang brothers to go on with their activities unimpeded. Keenan Colson is only the latest to get the long knife treatment for the unforgivable sin of acting like a responsible human being at the expense of gang loyalty. He won’t be the last.

(Via Drug War Chronicle 2008-08-29 and Drug War Chronicle 2008-08-22.)

¡Sí se puede! Coalition of Immokalee Workers announces another victory in penny-per-pound agreement with Whole Foods

Fellow workers,

The Coalition of Immokalee Workers, a community-based union in Central Florida that has been winning a series of remarkable victories on wages and conditions for Florida farmworkers, with no government recognition and through the creative use of secondary boycotts and other forms wildcat unionism, has just announced another major victory in the struggle. After the Coalition of Immokalee Workers’ hard-won victory in the struggle to make Burger King sign on to the penny-per-pound passthrough agreement, here’s what C.I.W. organizer Lucas Benitez had to say about the future of the campaign:

Dr. Martin Luther King said it best when he said, The arc of the moral universe is long, but it bends toward justice.

Social responsibility in this country's food industry is inevitable, and though the exploitation of Florida's farmworkers remains unconscionable today, company by company we are building a path toward justice. The next steps are up to those companies that stand before us in the road ahead.

There are companies — like Chipotle in the restaurant world and Whole Foods in the grocery industry — that already make claims to social responsibility yet, when it comes to tomatoes, fall far short of their lofty claims. It is time, now, that those companies live out the true meaning of their marketers' words.

And there are companies — like Subway and WalMart — that, by the sheer volume of their purchases, profit like few others from the pernicious poverty of workers in Florida's fields. They, too, must step up now. After eight years of this campaign — and the very public commitment of the three largest fast-food companies in the world to the principles of Fair Food — they can no longer claim ignorance of the problem nor can they say that the solution is not possible.

So to all of you who have marched with us, organized petition drives with us, prayed with us, and struggled with us, today is a day to celebrate this hard-fought victory. Tomorrow, with renewed energy and purpose, we begin our work again to make respect for fundamental human rights in Florida's tomato fields truly universal.

— Lucas Benitez, quoted in Coalition of Immokalee Workers Breaking News (2008-06-09): The Road Ahead in the Campaign for Fair Food!

And yesterday, the C.I.W. announced the first victory in these new campaigns: they have won an agreement for Whole Foods to participate in the penny-per-pound campaign, and to begin crafting purchasing standards for labor conditions in the fields.

Whole Foods Market Signs Agreement with the Coalition of Immokalee Workers (CIW) to Support Penny-per-Pound Tomato Program in Florida

Company Also Exploring Program to Help Guarantee Ethical Sourcing and Production in the U.S.

AUSTIN, TX (September 9, 2008) – Whole Foods Market, the world's leading natural and organic foods supermarket and the Coalition of Immokalee Workers (CIW), the Florida-based farm worker organization spearheading the growing Campaign for Fair Food, announced today that the two will work in partnership to help improve wages and working conditions for Florida tomato pickers.

According to an agreement signed this week, Whole Foods Market will support the CIW's penny-per-pound approach for tomatoes purchased from Florida, with the goal of passing these additional funds on to the harvesters.

With this agreement, the Campaign for Fair Food has again broken new ground, said Gerardo Reyes of the CIW. This is not only our first agreement in the supermarket industry but, in working with Whole Foods Market, we have the opportunity to really raise the bar to establish and ensure modern day labor standards and conditions in Florida.

We commend the CIW for their advocacy on behalf of these workers, said Karen Christensen, Global Produce Coordinator for Whole Foods Market. After carefully evaluating the situation in Florida, we felt that an agreement of this nature was in line with our core values and was in the best interest of the workers.

Additionally, Whole Foods Market is exploring the creation of a domestic purchasing program to help guarantee transparent, ethical and responsible sourcing and production, using the company's existing Whole Trade Guarantee program as a model. Whole Trade Guarantee, a third-party verified program, ensures that producers and laborers in developing countries get an equitable price for their goods in a safe and healthy working environment. The goal is to purchase Florida tomatoes from growers that will implement a similar program. We are especially excited about working with the CIW to develop this domestic Whole Trade-type program, said Christensen.

Coalition of Immokalee Workers Press Release (2008-09-09): Whole Foods Market Signs Agreement with the Coalition of Immokalee Workers (CIW) to Support Penny-per-Pound Tomato Program in Florida

This is a big win, and it’s hardly the end. The C.I.W. is still fighting to get an agreement Chipotle; there’s a lot more yet to come.

Fellow workers, the C.I.W.’s series of inspiring victories for creative extremism and wildcat unionism are both an inspiration and a reminder. We should never forget that the workers have more power standing with our hands in our pockets than all the wealth and weapons of the plutocrats and politicians. Yes, we can do it—ourselves. And we will.

¡La lucha siguevictory to the farmworkers!

See also:

Slavery in Florida’s tomato fields

(Via the Coalition of Immokalee Workers.)

The Florida Tomato Growers' Exchange is a cartel and legislative lobby which represents more than 90% of Florida's tomato growers. Over the past year or so, the F.T.G.E. has moved aggressively to discredit the Coalition of Immokalee Workers and to destroy their penny-a-pound pass-through system, through which tomato buyers can volunteer to pass along one penny per pound of tomatoes bought, which would go directly towards increasing the wages of the farmworkers who picked those tomatoes. Since these bonuses are paid directly by the tomato buyers, and not by the farm bosses, it costs nothing for the farm bosses to implement, so I’m not entirely clear what the F.T.G.E.’s interest is here — but, if I had to guess, I would suspect that the campaign is mainly just part of a larger scorched-earth campaign against the C.I.W. as such and anything that they do, for fear that widespread success here would strengthen the organization, embolden them in their campaigns against exploitative and brutal treatment by growers, raise worker’s expectations about pay and conditions, and raise their hopes about what can be accomplished by uniting together. Along the way the F.T.G.E. has teamed up with Burger King (who later broke ranks and struck a penny-per-pound deal with the C.I.W.) and with a Republican state congressman, repeatedly making unfounded insinuations that the C.I.W. was skimming graft off of the penny-per-pound system (actually, payments are held in an escrow account and audited by an independent, third-party firm), and denouncing nonviolent protest and consumer boycotts as extortion, apparently on the claim that plantation owners have a God-given right to have their tomatoes bought, on terms set by the plantation owners and not by the buyers, and that any peep of protest or suggestion that buyers might freely choose not to buy tomatoes grown and picked under certain kinds of labor conditions is tantamount to a threat of violence. They’ve also made a special effort to spread a number of exculpatory distortions, obfuscations, half-truths, evasions, and lies about wages and conditions for tomato pickers in central Florida. For example, trumpeting the hourly wage rate that tomato-pickers can make during picking hours in the peak harvest season — about $12-$13/hour — without mentioning such minor details as the number of hours available, the unreliability of work, the fact that workers can only make that much for half the workday or so, that a few months of backbreaking work usually have to last the workers all year, and that, as that the annual income of farmworkers comes out to about $10,000/year or so, which is to say, that most farmworkers live in extreme poverty.

Then there’s the issue of working conditions, and the accusations of slavery in the tomato fields. The C.I.W. has already, several times in the past, been directly involved in busting up slave rings on Southeastern U.S. produce farms. Thus, they have focused a lot of their rhetoric on exposing the use of violence and coercion against farmworkers. But, the F.T.G.E. insists on their Industry Facts webpage:

Myth: Farmworkers are denied their fundamental labor rights by being held and forced to work in slave-like conditions.

Facts: Florida’s tomato growers abhor and condemn slavery. Charges that growers have enslaved workers are false. On numerous occasions, the Florida Tomato Growers Exchange has asked for evidence that would substantiate allegations of slavery and have received none. The Exchange stands ready to help authorities prosecute any instance of slavery.

Meanwhile, back in the real world:

Five Immokalee residents pleaded guilty in federal court Tuesday to charges of enslaving Mexican and Guatemalan workers, brutalizing them and forcing them to work in farm fields.

The 17-count indictment in the case — one of the largest slavery prosecutions Southwest Florida has ever seen — was originally released in January. It alleged that, for two years, Cesar Navarrete and Geovanni Navarrete held more than a dozen people in boxes, trucks and shacks on the family property, chaining and beating them, forcing them to work in farm fields in Florida, North Carolina and South Carolina while keeping them in ever-increasing debt.

Chief Assistant U.S. Attorney Doug Molloy called it slavery, plain and simple.

One of the six original defendants, Jose Navarrete, pleaded guilty in May to five charges.

The two ringleaders, Cesar and Geovanni Navarrete will likely serve 12 years and face fines between $750,000 and $1 million each. Sentencing is set for December.

Although the case was set to go to trial Tuesday, the defense and the government reached plea agreements at the last minute.

In federal court, if you go to trial and lose, the sentences are extremely severe, said Geovanni Navarrete’s attorney, Joseph Viacava of Fort Myers. We were happy to negotiate a resolution that caps our client’s liability and puts him in a favorable position come sentencing.

Molloy is happy too.

This is an excellent resolution, he said. The bad guys go to jail and the many victims get to go on with their lives.

Plus, he said, every time there’s a slavery conviction, We get two or three more reports of similar cases. So getting the word out about these prosecutions is extremely important, Molloy said.

Members of the Coalition of Immokalee Workers, which has helped prosecute six slavery cases (including this) that freed more than 1,000 workers, also were pleased with the outcome.

The facts that have been reported in this case are beyond outrageous — workers being beaten, tied to posts, and chained and locked into trucks to prevent them from leaving their boss, said coalition member Gerardo Reyes.

How many more workers have to be held against their will before the food industry steps up to the plate and demands that this never — ever — occur again in the produce that ends up on America’s tables?

— Amy Bennett Williams, Ft. Myers News-Press (2008-09-03): Five plead guilty in Immokalee slavery case

And what did the ever-helpful, standing-ready, slavery-abhorring F.T.G.E. do about all this? Not a god-damned thing. Well. That’s not entirely true. They did do something. Specifically, on November 20th of last year, while they were busy going on a high-profile press junket with Burger King to smear the C.I.W., their yellow-dog auditing agency, S.A.F.E., did stop in to visit Immokalee and issue a public statement declaring that their audits have found no slave labor. As it happened, on the very same day that statement was issued — November 20th, 2007 — three tomato pickers reached the Collier County sheriff’s office on foot, and reported that they had just escaped out of the ventilation hatch of a box truck where they had been held against their will by the Navarette gang. So while workers were first telling the world about the violence and enslavement they had suffered, the F.T.G.E. and its agents did go out of their way to publicly declare that all those abuses simply did not exist.

The farmworkers’ struggle is one of the most important labor struggles in the United States today, and the way that the C.I.W. is carrying it on, in the face of tremendous opposition, nasty smear campaigns, repeated threats of legal coercion, and still managing to get so much done by so many workers, for so many of their fellow workers, in a really remarkably effective bottom-up, worker-led community workers’ organization, is nothing short of heroic. And inspiring. But, well, I’m sure that all of the F.T.G.E.’s verbal abhorring and condemning of slavery is also greatly appreciated.

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