Daily Archives: March 2, 2017

The AUC rightwing paramilitaries left victims all over Colombia. Here family members mourn at a funeral in Buga, about 160 miles south-west of Bogot, in 2001. Photograph: Oswaldo Paez/AP

Hernn Giraldo Serna and the men who were under his command in a broad area of northern Colombia murdered more than 270 farmers, indigenous leaders and leftist organizers.

They forcibly disappeared and tortured many of their victims; thousands more fled their homes in fear. Giraldo won the nickname the Drill for the dozens of young girls and women he raped. Twenty-four bore his children.

But when Giraldo faces a federal court in Washington DC on Friday it wont be for any of those crimes. Rather, he will be sentenced for conspiring to import cocaine into the United States when he was a leader of a rightwing paramilitary group through which he lorded over the northern slopes of Colombias Sierra Nevada de Santa Marta.

However, in a precedent-setting twist to the case, the family of Julio Henrquez, who was tortured and murdered by Giraldos henchmen in 2001, will be allowed to address the court about the impact of his crimes.

Fridays hearing marks the first time that Colombias brutal paramilitary leaders who escaped trial for crimes against humanity at home because of drug charges in the United States will face their victims in a US court, according to the Henrquez familys attorneys.

Roxanna Altholz, who represents the Henrquez family, said part of the conspiracy Giraldo has pleaded guilty to was offering armed protection to drug traffickers. And part of that armed protection was Julios murder because he was undermining the drug trade by organizing farmers to replace coca for other crops, she said. Coca is the main ingredient in cocaine.

Nadiezdha Henrquez said that she, her sister Bela and their mother, Zulma, would tell the story of her father Julios murder one more time in the hopes of seeing some sort of justice. He was addressing a meeting with farmers when two masked men burst in, and dragged him into white pickup truck. He was never seen alive again.

We want to make the court understand that there are people whose lives are destroyed by this supposedly victimless crime of drug trafficking, she said in an interview in Bogot before travelling to Washington. We want to influence the judges decision on how long Hernn Giraldo will stay in prison.

They will make a plea for the stiffest sentence possible, which is life in prison, and describe what it would mean for them and the communities of Colombias northern coast, where he once reigned, if he were to return home after a short sentence.

He is a very dangerous figure for the people of that area. If he returns, he will resume his business and the fear we lived with for so many years will return, said Zulma, Henrquezs widow.

Giraldo, 68, is one of 14 former leaders of the United Self Defence Forces of Colombia (AUC) who were extradited to the United States on drug trafficking charges in 2008 just as they began to confess as part of a demobilization deal the human rights crimes they committed in their purported fight against leftist Farc rebels and anyone perceived to be a supporter.

Critics claimed that justice for thousands of murder, rape, torture and disappearance victims was thwarted by the paramilitary leaders extraditions, although most continued to cooperate with Colombian prosecutors investigating the crimes.

Giraldo is the last of those extradited to face sentencing, after he pleaded guilty to one count of conspiracy to traffic cocaine.

Prosecutors are asking for a 20-year sentence, which would be reduced by half through the 10 years he has already served since turning himself in 2006 in Colombia before his extradition the United States in 2008.

In a memorandum seen by the Guardian, Giraldos defence suggests a 12-year sentence, arguing that he was compelled to become involved in the AUC because of patriotism and a sense of duty, honor, and obligation to protect the peasant community against leftist guerrillas.

The drug trafficking, according to Giraldos lawyers, was just a way to make money to maintain the counter-insurgency force.

In 2007, Henrquezs body was found in a clandestine grave. He was missing his jaw and a foot. Two bullets had pierced his skull.

Two years later, after Giraldo had been extradited to the US, a Colombian court convicted him of Henrquezs forced disappearance. He was sentenced in absentia to 37 years in prison and ordered to pay compensation to the family. But the sentence has not been executed because of the charges in the United States and a pending sentence under the special peace process mechanism.

But while Henrquezs family has been unable to get redress in Colombia, they hope to find justice in the US court. And acceptance of Henrquezs widow and daughters as victims in a case of international drug trafficking could open the door to future non-US victims of traffickers to have their say in court as well.

Victims of [the Mexican drug boss Joaqun] Chapo Guzmn or other leaders of cartels or members of security forces or politicians who face drug charges could also face their victims in US court, said Altholz.

Its a new way to look at drug conspiracies, she said. It says those tons of cocaine and ounces of heroin that reach the US are tainted with blood.

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Families of victims of Colombia's paramilitaries get their day in US court - The Guardian

COMMENTARY: The New Mexico Legislature is considering two bills that would support the babies of incarcerated women. Both bills either save money for the state and counties, or involve minimal costs.

The New Mexico Breastfeeding Task Force and a number of respected pro-social organizations strongly advocate for the passing of both bills as concrete ways to support the physical and social health of mothers and infants in our state.

SB 277: Alternative Sentencing for Pregnant and Lactating Offenders (Ortiz y Pino)

Women offenders are often appropriate for diversion to alternative incarceration programs, as many have been convicted of non-violent or victimless crimes. SB 277 would allow the court to decide to either temporarily release or to place in community custody (eg. house arrest) a pregnant or lactating offender during the most vulnerable months of the fetus/childs life. This would happen only in cases where the women provided no perceived risk to public safety.

Courtesy photo

Lissa Knudsen

Alternative sentencing would allow a mother to access appropriate medical care, simplify visiting, make it more possible for her to attend foster care agency conferences and Family Court proceedings, and ultimately ease the reunification process when she is released. Participating in alternative sentencing might even prevent her children from entering or staying in foster care, depending on her personal circumstances. Once her child reaches 18 months of age, the mother would be expected to finish her sentence.

According to a Journal of Criminal Justice article, the adult children of incarcerated mothers are nearly four times as likely to serve time on probation and nearly three times as likely to be convicted of a crime at some point during their lifetime. By allowing mothers and children to form bonds and be housed together, the consequences of mother incarceration are lessened considerably.

SB 277 saves money, too when inmates with high-risk pregnancies need medical care, the city or county is responsible for the cost. Medicaid cannot pay for services provided while the patient is behind bars, but if they are out on release, Medicaid will pay for the care. Medical care can be costly for high-risk inmate pregnancies, allowing these non-violent women to access medical care outside of corrections reduces overall costs and provides rural counties and cities with significant savings.

The N.M. Association of Counties, the American Congress of Obstetricians & Gynecologists, the N.M. Pediatric Society, New Mexico Academy of Family Physicians, the N.M. Public Health Association, Southwest Womens Law Center, N.M. Association of Social Workers, New Mexico Voices for Children, Womens Agenda, PB&J Family Services, Wings for LIFE International, and the Gordon Bernell Charter School all support this bill.

This bill has made it through two committees and was approved by the senate on a 33-6 vote.

SB 293/HB 277: Lactation Policies for Female Inmates (Padilla/Maestas Barnes)

Of course, release or delayed jail time will not be an appropriate option for some female inmates. Considering the proven health and social benefits of breastfeeding to both the mother and the infant, SB 293 (and its mirror bill HB 277) would allow incarcerated mothers who wish to breastfeed or maintain their milk supply the ability to provide their infants with mothers milk.

This would be accomplished through the support they need to either express milk for delivery to their infant or, in some cases, to breastfeed their infants during daily visits. If the mother expresses her milk, accommodations would be made for freezing, storing and making the milk available for on-site pick up by the childs caregiver.

There are several precedents for this type of accommodation, including the California Department of Corrections & Rehabilitation, the Ohio Prison System, Coffee Creek Correctional Facility in Oregon, Travis County Jail in Texas, and the Washington County Jail in New York. All of these provide lactation support programs for the inmates.

Across the country, correctional facilities have provided four types of breastfeeding support (expressed milk can be frozen and distributed to caregiver on a biweekly basis):

An imprisoned mothers actions should not condemn her children to lose their rights to the benefits of breastmilk and breastfeeding. When children cant access the immunity-building and nutritional benefits of breastmilk (as well as the bonding that breastfeeding promotes) becausetheir mothers are in correctional facilities they, too, are sentenced to the lifelong ramifications of imprisonment.

Babies born to incarcerated mothers are more likely to end up incarcerated themselves. However, we know that babies who are breastfed are better able to bond with their mothers, thus reducing child abuse rates and improving other social outcomes. County jail officers have reported that mother inmates in breastfeeding support programs are motivated and have fewerbehavioral problems than mothers whoare not able to do anything for their off-site child.

The American Congress of Obstetricians & Gynecologists, the N.M. Pediatric Society, New Mexico Academy of Family Physicians, the N.M. Public Health Association, Southwest Womens Law Center, N.M. Association of Social Workers, New Mexico Voices for Children, N.M. Womens Agenda, PB&J Family Services, Wings for LIFE International, and the Gordon Bernell Charter School all support this bill.

This bill has made it through four committees and is scheduled to be heard on both the Senate and House floors this week.

In a tough budget year it is understandable that new programs bring up concerns about costs. However, HB 277/SB 293 and SB 277 have the power to lessen costs through reducing recidivism and reducing health-care costs for mother and child. Alternative sentencing will shift costs from municipalities to Medicaid. The lactation policies bill is flexible, allowing for each correctional facility to design a program that best matches itsresources and needs. For WIC-eligible children of incarcerated mothers, costs can be as minimal as providing storage bags for the milk. The N.M.Corrections Department has stated that even if the bill does not become statute, itenvisions being able to implement a lactation program within itsgiven budget.

Whenever programming is considered for the incarcerated population, safety is a concern. The courts will decide who would be eligible for release (using the criteria of what is in the best interest of public safety). Corrections administrators and medical providers will decide which inmates will be eligible to participate in the lactation support programs. Remember that women offenders are not generally dangerous and mother offenders are even less so. Programs like these provide opportunities for mothers to build self-efficacy and self-esteem, thus improving their outlook and motivation. It also promotes bonding, attachment and reduces child abuse rates.

Although there are safety concerns that may arise regarding the storage and transfer of the expressed milk, breastmilk is food and can be stored like food. Staff will receive training on how to label, store, and deliver expressed milk. These types of procedures are not complicated and are already done in child care facilities, NICUs, and other places that provide expressed human milk to babies.

We know rates of substance abuse are high among women who are incarcerated. The American Academy of Pediatrics, American Congress of Obstetricians & Gynecologists, and Academy of Breastfeeding Medicine all support breastfeeding by women who are enrolled in a supervised methadone (or buprenorphine) maintenance program and have negative screening for HIV infection and illicit drugs. Moreover, breastfeeding has been shown to reduce the symptoms of neonates experiencing neonatal abstinence syndrome as a result of in utero opioid exposure. This is, in fact, the best possible treatment. Medical providers test mothers both at birth (current standard of practice) and throughout the lactation period. This ensures that mother is not using illicit substances while lactating and that breastfeeding continues to be medically recommended.

Human milk should be the standard of nutrition care for babies born to mothers who are incarcerated. SB 277 saves the state both in incarceration costs and in labor and delivery costs. Both bills promote breastfeeding and thus decrease incidences of life-threatening infections and lengthy of hospital stays, improve mother and child bonding, and reduce child abuse rates and health care costs. Ultimately both of these bills help New Mexican babies have the best possible start to their lives regardless of their mothers crimes.

Lissa Knudsen, New Mexico Breastfeeding Task Forcechair, is a PhD Student in the Communication and Journalism Department (focusing on health communication) at the University of New Mexico, and she lives in downtown Albuquerque with her 12-year-old daughter.

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Breastfeeding bills aim to help children of incarcerated mothers - NMPolitics.net

A visitor to the vandalized Jewish Mount Carmel Cemetery in Philadelphia views toppled tombstones, Feb. 26, 2017. (Dominick Reuter/AFP/Getty Images)

(JTA) Two Philadelphia unions said they will provide free services to help repair and secure the citys vandalized Mount Carmel Cemetery.

More than 100 gravestones were toppled and damaged at the Jewish cemetery in the Wissinoming section. The vandalism was discovered Sunday.

Bobby Henon, a Philadelphia City Council member with union ties who represents the Wissinoming neighborhood, tweeted Monday evening that the Philadelphia Building and Construction Trades Council offered to replace the toppled headstones and that the International Brotherhood of Electrical Workers Union Local 98 offered to install additional lighting and security cameras.

Labor leader John Dougherty of the Philadelphia Building and Construction Trades Council told reporters that the vandalism is a cowardly act of anti-Semitism that cannot be tolerated. His workers also offered to re-sod and clean the cemetery grounds.

Meanwhile, aGofundme campaignfor the Philadelphia cemetery launched by a private citizen, Raphael Caroline, 31, in the hours after the vandalism was discovered has raised nearly $20,000 in 24 hours, double its original goal.

The Jewish Federation of Philadelphia announced that a volunteer cleanup of the cemetery will begin at noon Tuesday and run every day from noon to 4 p.m.

The federation said it will begin cleaning up the cemetery Tuesday and asked for volunteers.

Representatives from the Jewish Federation will be on hand as well as up to 50 people per hour cleaning and working to help restore this important Philadelphia landmark, the federation said in a statement.

In response to the vandalism, the National Museum of American Jewish History, which is located in Philadelphia, has initiated a project to preserve the stories of the people who are buried there. The museum has called on those who have relatives or friends buried at Mount Carmel Cemetery to share a photo of the person, and one of the headstone, if possible, and a personal story of up to 150 words. They can be posted at http://MtCarmelStories.tumblr.com or emailed tocuratorial@nmajh.org.

The project is also open to those whose families were affected by the desecration that occurred last week at the Chesed Shel Emeth Cemetery in the St. Louis area.

We would like those who did this to understand that these are not victimless crimes, said Ivy Barsky, the museums CEO and Gwen GoodmanDirector. The individuals buried at Mt. Carmel were human beings with names, stories, and families. They contributed to the world while they were here and continue to do so through the loved ones they left behind. We honor their memories.

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Philadelphia labor unions offer to repair, secure vandalized Jewish cemetery - Jewish Telegraphic Agency