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Category Archives: War On Drugs

Suits: The New Face of Latin American Crime – OZY

Posted: August 22, 2021 at 3:50 pm

Drug lords switching out gold chains for bespoke suits, politicians proposing to legalize cocaine and judges acquitting cocaine traffickers on compassionate grounds. The criminal underworld in Latin America, the worlds most violent and unequal region, is changing faster than you can say Narcos.

Forget everything you thought you knew about its drug barons. Those glitzy TV shows are out of date the reality is a lot murkier. This weeks Sunday Magazine takes you on a journey through Latin Americas modern-day drug underworld, highlights some of the boldest ideas for tackling trafficking and violence and adds a dose of crime-ridden soccer.

Unhealthy Living

Hard drugs, including heroin and cocaine, are as popular as ever across the globe and especially in North America and Asia. With the worlds largest cocaine producers, and some of the most powerful crime organizations operating from Latin America, this corner of the world finds itself trapped in a new cycle of lawlessness, government corruption, crumbling judiciaries and widespread poverty. The result: a region thats home to some of the most violent cities on the planet.

Fewer Gold Chains, More Suits

Who is behind all this? Today, your typical Latin American underworld boss looks a lot less like the suave, showboating Pablo Escobar as depicted on Narcos and much more like a suited office worker. Why? Because a criminal flying under the radar is a criminal less likely to get caught. The new drug lords are different. They have gone to universities, they have [legally qualified] accountants, they know about the law, how to present information to avoid justice, Angela Olaya Castro, co-founder and researcher at the Conflict Responses Foundation, tells OZY. Crime organizations from Colombia, Brazil, El Salvador and Mexico are smart, well organized and very specialized.

Its the Economy, Stupid

Traffickers know drugs, and also business. Thats why they are increasingly pursuing new consumers with deeper pockets in Europe and Australia. Thats not all. In Colombia, they are experimenting with new technologies that allow them to produce much more cocaine on smaller tracts of land. And when they are not making enough money from drugs, criminals in Mexico, Brazil and across Central America are diversifying and trading in anything from arms and gold to endangered animals and people, even during the pandemic. In the end, its all about making a quick buck.

The Billion-Dollar Answer

If you have been paying attention to the news, youll know drug decriminalization is a big thing across the Americas (look at the U.S., Uruguay, Mexico and Peru). In Colombia, senator Ivn Marulanda is taking things a step further. In December, he proposed a bill to legalize cocaine, like in Bolivia. How would it work? The government would buy all coca leaves and give them to Indigenous communities to produce food, medicine and fertilizers. At a cost of around $680 million, Marulanda says this plan would cost half the money authorities currently spend trying to destroy crops, without much success.

The Exit Door

But dont get too excited just yet. Decriminalization alone, experts say, is not a sure-fire antidote to Latin Americas organized crime problem. Hctor Silva Avalos, a researcher from El Salvador, explains that government corruption is what facilitates criminal activity. Without real political will, tackling it has been nearly impossible. Another problem? This is a very unequal fight, says Olaya Castro. While organized crime can pay the greatest experts and quickly adapt to any situation, governments [in Latin America] dont have enough resources to investigate and fight them. That is unlikely to change in the near future.

Tailor-Made Menu

Theres marijuana, cocaine, heroin . . . and an endless list of new, illicit chemical highs. Medical advances unfolding in research laboratories, such as brain implants to manipulate moods and apps that provide digital highs (minus the risk of overdose), could potentially replace the current slate of illegal drugs. Does that mean the balance of power could shift from Colombia and Mexico to Silicon Valley? Dont write off the criminals just yet. If demand for one drug decreases, criminals will look for the next thing because there will always be a next [illegal] thing people want, Olaya Castro explains.

Crypto High(Way)

Wanna know what else is going to change? The way drugs are bought and sold. Shrouded in secrecy, dark web markets already popular in Western countries are spreading across the digital globe, providing users with new avenues to buy their next high. Whats worse, authorities appear unable to shut them down for good. Can these markets replace the old-fashioned drug cartels? Not entirely, says author and expert Mike Power. He told Vice that drug sellers are unlikely to ever operate at the same level as large crime organizations, which effectively serve as wholesalers with connections on both sides of the supply chain.

The Cure for Addiction?

Off the streets, another war on drugs is being fought inside labs, where scientists have been looking for ways to make illicit drugs less harmful. Among the potential solutions is a vaccine that could tame a persons desire to use cocaine. Another is early DNA sequencing, which could help professionals diagnose a persons potential for becoming an addict. Other scientists are trying to develop drinks that can produce the same pleasurable feelings as alcohol, minus the negative side effects. Sounds great, right? Well, such advances carry many ethical implications (just imagine what governments could do if they had access to everybodys DNA sequencing).

Crime and Punishment

Technology is already changing the way we think about justice (think online courts, police cameras, DNA databases). But in cash-strapped Latin America, where prisons have reached their breaking point and corruption is common, deploying such state-of-the-art measures to combat crime looks to be a long way off. While the regions governments have relied on mass incarceration even for nonviolent drug offenses to tackle crime, there is still hope for new strategies. In Argentina, for example, authorities recently acquitted a woman who crossed the countrys border with Chile with 6.6 pounds of cocaine taped around her waist. The judge said she had been forced to smuggle drugs to cover the cost of surgery for her ailing son. Another example is Uruguay, where an open prison that allows inmates to work and receive an education has been lauded for its positive results.

Giving Soccer a Bad Name

Well before international soccer megastars like Lionel Messi became pristine pictures of health, the wilder soccer type was very much in vogue in South America. What changed? Money is the new cocaine, Silva Avalos says. The [soccer] idol today is a professional who takes care of his body and his health. Still, behind the scenes, not all is picture-perfect. Crime has been embedded in Latin American soccer for so long that it is practically a part of the game. From shadowy fan gangs controlling the sport in Argentina to accusations of top-level corruption among regional soccer executives, this sport has earned itself something of a bad name.

The Right Stuff

But before you burn your jersey, listen up: Its not all bad. As the most popular sport in Latin America, soccer has also been deployed as an important force for good. From the marginalized communities of Colombias Medelln to the shantytowns of Brazils Rio de Janeiro, social organizations have embraced it as a means for getting kids off violent streets and away from the predatory arms of crime groups. The principle [of those projects] is good, Silva Avalos says. The problem is that sports by itself wont fix the root causes of crime and violence: the rupture in the social contract.

Stars of the Future

Still, there is hope that kids in South America can be encouraged away from crime and drugs. Consider Thiago Almada. The 20-year-old soccer midfielder who currently plays for Argentinas Vlez Sarsfield has already been dubbed the new Carlos Tevez the Argentine superstar who grew up in an environment marred by drugs and murder. (Check out the Netflix-made dramatization of Tevezs life here). Almada was born in the same marginalized Buenos Aires neighborhood as Tevez and sees football as the door to every opportunity hes enjoyed. Now valued at more than $23 million, Almada appears to have attracted numerous international clubs eager for the young stars signature.

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Suits: The New Face of Latin American Crime - OZY

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After the last ‘summer of terrible drugs’ it’s time to make NZ’s temporary drug checking law permanent – The Conversation AU

Posted: August 14, 2021 at 12:53 am

With the summer music festival season approaching (COVID willing), hopes are high that the current temporary recreational drug checking law will become permanent. If and when that happens, New Zealand will take another small step down the long drug reform road from criminalisation to harm prevention.

Submissions to parliaments health select committee on the Drug and Substance Checking Bill have now closed, with a report due in October. If the stop-gap law rushed in for the 2020-21 summer is made permanent it will allow buyers of otherwise illegal drugs to have them independently checked without either the user or testing agency risking prosecution.

Its an important service, given the dangers inherent in the illicit drug market and the chances of substances being cut or compromised with other toxic stimulants, as happened with some MDMA circulating last year.

Making testing legal, even if what is being tested isnt, is a tacit acknowledgement that New Zealands war on drugs which began 122 years ago with the Opium Prohibition Act needs rethinking.

Despite generations of effort, the supply, demand and diversity of illegal drugs have grown, not diminished. Profit, pleasure and addiction have proved exceptionally powerful forces both internationally and domestically.

And while border seizures were way down due to COVID-19 restrictions, the black market in New Zealand for illegal drugs (not counting cannabis) is still worth an estimated NZ$77 million per quarter.

New Zealand first tried a different approach in 1987. The then Labour government introduced a national needle exchange program a world first that allowed intravenous drug users to receive clean needles. The program significantly reduced the risk of catching HIV or hepatitis C, saving lives and tens of millions in health spending.

The next innovation was a world-leading attempt to legalise and regulate the rapidly evolving synthetic drug market. It ultimately fell over due to practical problems implementing the Psychoactive Substances Act, public backlash and resistance to animal testing.

Read more: We can't eradicate drugs, but we can stop people dying from them

This pattern of innovation and failure has continued. While the use of medical cannabis became legal in 2019, the referendum on legalising recreational cannabis failed at last years general election.

A 2019 amendment to the Misuse of Drugs Act did pass, however, giving police clearer discretion not to prosecute for possession of small amounts of illegal drugs. Despite room for improvement, the new system has seen fewer prosecutions for personal use and has helped shift the focus towards health and away from the criminal courts.

Given Labours parliamentary majority and that the drug checking bill is a government initiative, its likely to pass. If for some reason it didnt, individuals or organisations handling drugs to check them would risk being charged with possession or supply.

Anyone allowing drug testing to operate on their premises would also be at risk because their co-operation could be seen as evidence of knowledge that illegal drugs were being consumed.

Most critically, if drug users cant get reliable information about what theyre taking, their uninformed choices carry unpredictable and potentially extreme risks. Nave customers and untrustworthy dealers can be a fatal combination.

Read more: Here's why doctors are backing pill testing at music festivals across Australia

Between 2017 and 2019, more than 70 deaths were attributed to synthetic cannabis in New Zealand.

When the volunteer drug checking and harm reduction organisation Know Your Stuff NZ checked 2,744 samples of other drugs at 27 events between April 2020 and March 2021, only 68% of all the samples checked were the substance that people expected. They called it the summer of terrible drugs.

Even cannabis sourced illegally for medicinal reasons is often not what people expect, or even effective. Not surprisingly, then, research has shown the vast majority of people would opt to have their illegal drugs tested if they could do so without risk of arrest and could trust the information.

Read more: If reducing harm to society is the goal, a cost-benefit analysis shows cannabis prohibition has failed

Its been argued that drug checking only encourages the use of illegal and harmful substances. But the evidencesuggests otherwise.

Rather, informed decisions produce changes in behaviour. When drug customers realise they have been misled or have misunderstood the nature of a given substance, they typically take less, or none.

The so-called war on drugs may be turning into a war on misinformation. If the Drug and Substance Checking Act finally comes into force by December, as has been promised, it will reflect a legislative trend toward harm reduction.

It will not stop the illegal use of drugs. But it will be one step further towards making New Zealand citizens safer from the scourge of unregulated and dangerous black markets for drugs.

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After the last 'summer of terrible drugs' it's time to make NZ's temporary drug checking law permanent - The Conversation AU

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The collapse of a narco-state could bring misery to Afghanistan, and to Iowa – Iowa City Press-Citizen

Posted: at 12:53 am

Ron McMullen| Guest opinion

The Taliban, who murder girls for attending school, have in recent days captured a score of cities in Afghanistan, including provincial capitals such as Kunduz, Taleqanand Sheberghan.

Some cities were taken with only token resistance from Afghan government troops; in other places troops surrendered or deserted without a fight.Although this probably doesnt spell the immediate end of the U.S.-supported Afghan government, it certainly looks like the beginning of the end.

After 20 years of direct U.S. support including the deaths of 2,373 American servicemembers and the wounding of another 20,320 the Afghan government has failed to build the legitimacy and domestic support necessary to survive.How did this happen?

The multifaceted answer includes one very salient fact:Afghanistan is the worlds premier narco-state, and its government is one of the most corrupt in the world (12th most corrupt to be exact).Afghanistans economy is based on drugs.

It produces about 90% of the worlds opium, the raw material for heroin, and produces huge amounts of methamphetamines using mountain-grown ephedra plants.Afghanistans drug industry comprises between 40%and 50% of the countrys GNP and generates billions of dollars to fund the Taliban and corrupt government officials.

The Taliban provide protection to opium poppy farmers for a fee, collect taxes on production, and charge tolls on trafficking routes.Drug money, along with funding from Pakistan (the Talibans ruling council regularly meets in the Pakistani city of Quetta), has kept the Taliban fighters fed and armed for two decades.

When the Taliban ruled Afghanistan, they became anti-poppy.In 2001, opium production was near zero, as the Taliban government did not eradicate opium poppies, it eradicated opium poppy farmers.

After the American invasion and the establishment of the Karzai government, opium poppies sprouted across the country.The United States began to press Kabul to reduce opium production by crop substitution, demand reductionand the eradication of poppy fields.

With President Karzais home region and even his brother up to their eyeballs in the narcotics trade, the effort was half-hearted.The subsequent Ghani administration is perhaps even more corrupt.

I was once in charge of the State Departments counternarcotics programs in Afghanistan and Pakistan.Using Polaris ATVs dragging iron bars through poppy fields, the special Afghan poppy eradication force made substantial headway in 2007 opium production fell for the next two years as poppy fields faced the threat of eradication.

The Barack Obama administration in 2009 downplayed counternarcotics, hoping (incorrectly, it seems) that the drug problem could be addressed once the war was won.But with drugs funding the Taliban and corrupting the Afghan government, the war couldnt be won.

In a 2012 survey of Afghans, corruption was revealed to be the second-largest concern, after insecurity.Afghan officials take kickbacks, steal money intended for development projectsand brazenly solicit bribes.High government officials buy their way into senior posts senior customs positions in Jalalabad were the most expensive to buy, given the lucrative narcotics and regular trade passing through that city to the Khyber Pass and Pakistan.

American air power and dollars may very well prolong the lifespan of the Ghani administration, but it seems unlikely that it can somehow garner the legitimacy and support to survive.After all, the communist dictator Najibullah lasted three years after Soviet forces pulled out in 1989.

It was only after the cut-off of Soviet funding that he sought political asylum with the United Nationsin Kabul.When the Taliban took Kabul in 1996, they seized Najibullah, who was tortured to death, castrated, dragged through the streets, and had his body hung from a light post.

We should be very concerned for Afghan girls and women, reporters, teachers, those who work at the American embassy, musicians, democrats, businesspeople, and ethnic and religious minorities.We should also be very concerned about Iowans susceptible to opioid addiction in 2020, 212 Iowans died of opioid overdoses.

While the Taliban probably wont take over the whole of Afghanistan this month, the country could very easily fall into a multi-sided civil war featuring warlords and drug lords battling the Taliban and each other as central administration crumbles.The countryside could blossom with pretty pink and white poppies spelling death and misery in Afghanistan, and in Iowa.

Ron McMullen is a former foreign service officer currently teaching at the University of Iowa.

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The collapse of a narco-state could bring misery to Afghanistan, and to Iowa - Iowa City Press-Citizen

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Why I Believe Celebrities Are a Key Piece in the Battle for Cannabis Legalization – Rolling Stone

Posted: at 12:53 am

Opinions expressed are solely those of the author and do not reflect the views of Rolling Stone editors or publishers.

Taxes, job creation, potential medical treatment for seizures and veterans with PTSD, ending the racist War on Drugs and mass incarceration from pot possession arrests, developing rational control over pot products these are all excellent and relevant reasons to support cannabis legalization, which more than 90% of Americans do.

The stigma is lifting. But, how? Why now?

Is it the result of the arduous and years-long work of legalization advocates and groups like NORML and the Marijuana Policy Project, along with the legal work of the ACLU?

Yes, but now theres another undercurrent of influence making itself felt: soft power.

Political scientist Joseph Nye coined the term soft power some 30 years ago. It refers to the ability to persuade others to do something without force or coercion. But where does soft power fit into cannabis policy reform?

While cheered by advocates, celebrity endorsements of cannabis legalization, in the beginning, were often undervalued or dismissed as frivolous. That is no longer the case despite the many who cares? I receive from cynical readers when I publish a celebrity interview. Many ask: Why is Martha Stewarts opinion important? What does Snoop Dogg really know? Why is DJ Khaled even talking about this? How are Elon Musk or Conan OBrien lighting up noteworthy events?

Although rhetorical, these questions deserve an answer. Celebrities who have crept out of the closet in support of cannabis legalization (and all that it implies) are no small deal. Its no secret that celebrities influence their millions of followers. A simple give CBD a try, I personally love it from the right icon could lead thousands of parents and grandparents to reevaluate their long-standing opinions.

Studies have analyzed the impact of celebrity endorsements and declarations on public opinion, foreign policy, health-related issues, and consumption habits. And one thing is clear: They matter. A recent poll showed that roughly 36 percent of Gen Zers, 32 percent of Millennials, 24 percent of Gen Xers and, 19 percent of Baby Boomers admitted that, celebrity opinions on political and social issues are effective in influencing their midterm vote.

And now, it seems, cannabis could be getting a boost for the same reason.

The Rolling Stone Culture Council is an invitation-only community for Influencers, Innovators and Creatives. Do I qualify?

Jane Fonda never failed to move the needle when she got behind a cause. Whether it was to stop a war or demand civil, Native American, LGBTQIA+, and abortion rights, or decry global warming, Jane was never irrelevant.

In a recent interview I conducted with Jane Fonda for Forbes, Fonda touched on cannabis, its role as her new sleep aid and the need for its re-legalization. As the media picked up the story and news of Fondas new sleep aid traveled far and wide, dozens of readers emailed me to share their change-of-heart stories, having been influenced by Fondas dignified honesty. Indeed, an increasing number of the countrys largest demographic, Baby Boomers, are turning to cannabis.

And this was not the first time celebrities have backed cannabis.

DJ Khaled, the well-known musician and entrepreneur, recently launched a CBD brand, citing a personal wellness journey as the inspiration. Carlos Santana launched a cannabis brandthat honors his heritage, citing his belief that there is a nuanced difference between medicine and drugs, and that cannabis falls under the former.

When Snoop Dogg connected cannabis consumption and plant-based eating, his young fans took a hard look at their nutrition habits. Martha Stewart has openly discussed her CBD use and her inspiration for launching her own cannabis brand, which incidentally was her long-time friend Snoop Dogg. When Nicole Kidman endorsed a cannabis brand, people took notice given her considerable acting career, meaning her message has reached many people across America.

When Magic Johnsonand Megan Rapinoe came out in defense of cannabis-derived products for athletic recovery, their health-conscious followers likely reacted accordingly.

And the list goes on, and on, and on.

Some sports legends have pushed for changing cannabis policy in their professional leagues too.

Super Bowl champion Marvin Washington has repeatedly argued for making NFL policy more cannabis-friendly. He is currently involved in a lawsuit challenging the federal governments stance on cannabis and its continued Schedule I status as a controlled substance.

An athletes influence over cannabis policy can also occur unintentionally. We saw this with the disqualification of record-breaking sprinter ShaCarri Richardson from the Tokyo Olympics after she was found to have cannabis in her system, albeit while in a marijuana-legal state when she was not competing. Support for the fastest woman in the world was widespread and swift. The debate gripped the country, from the White House, anti-doping agencies, Congress, and the media.

Meanwhile, amid all the noise, cannabis pushed further into the accepted column of American society. After all,one of the worlds richest menandformer host of the Tonight Show both smoked a joint on live TV.

The stigma of weed is lifting, which begs a question: Are celebrities leading the way? Perhaps. Either way, more power to them.

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Abusive "Rehab" and Other Harms of Sri Lanka’s Militarized Drug War The government’s campaign against the – Filter

Posted: at 12:53 am

In Sri Lanka, 2 grams of heroin can get you the death penalty. People incarcerated on drug charges are regularly beaten and abused. The handful of rehab programs are mandatory, abstinence-only, and come with limited post-release support.

The countrys approach to drug policy is an excessively punitive approach, with abuses by law enforcement officers, and the Ministry of Defense taking the lead in drug control and treatment, Ambika Satkunanathan, the author of a new report from Harm Reduction International on drug control in Sri Lanka, told Filter. Theres not enough community-based treatment; no emphasis on the importance of the rehabilitation being voluntary rather than compulsory, and limited post-release support.

The report, released on August 4, is the first independent study on drug control and detention in Sri Lanka utlizing a human rights framework. Satkunanathan served as a commissioner on Sri Lankas independent Human Rights Commission from 2015-2020.

Sri Lanka is fighting its drug war using military power, exacerbating its harsh punishments and arbitrary detentions. President Gotabaya Rajapaska campaigned on a promise to eradicate the drug menace.

The notion of justice is so narrow and not rights-based.

The country has taken a notably punitive approach to drugs since at least 2009, but Rajapaska has accelerated this since taking office in 2019creating a task force comprising police and military personnel, which takes necessary measures for prevention from drug menace and moving the countrys National Dangerous Drugs Control Board (NDDCB), the national drug control and monitoring authority, under the authority of the Ministry of Defense.

This militarized approach has done nothing to lower rates of drug selling or use, and much to increase human rights abuses. Nearly 60 percent of the countrys approximately 30,000 prisoners are incarcerated on drug-related charges, in facilities that should only hold around 12,000 people. Recorded drug-law violations rose to 16,000 in 2019an increase of nearly 250 percent increase since 2015.

The government takes a very dehumanized, punitive approach to crime, Satkunanathan said. The notion of justice is so narrow and not rights-based.

Sri Lankas drug laws are in some ways contradictory, the report notes, undermining transparency and putting inordinate power in the hands of police and judges. If police claim someone is using drugseven in the absence of any evidencethey can detain that person for drug testing and bring them before a judge, who in turn can mandate them into rehab.

The countrys rehab facilities, like its jails, are rife with human rights violations. Interviews with lawyers and detainees highlight experiences of torture, mistreatment, beatings, alongside inadequate facilities and lack of medication, the report details. There is no non-abstinence-based care, and police often continue to harass detainees after their release.

The United Nations Office of Drug Control (UNODC) provides support to the NDDCB, including providing building materials and helping break ground at a new rehab facility in the country in 2020. With those programs remaining mandatory and their treatments not evidence-based, Harm Reduction Internationals report cautions that the UNODC should be mindful it does not become complicit in rights violation, albeit unwittingly, when providing technical and financial assistance.

Photograph of Sri Lanka military by Chamal Pathirana via Wikimedia Commons/Creative Commons 3.0

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Duterte Vs the International Criminal Court The Diplomat – The Diplomat

Posted: at 12:53 am

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Theyll never take me alive, declared Philippine President Rodrigo Duterte in early August, responding to the possibility of being brought to the International Criminal Court (ICC) to face allegations of human rights atrocities under his regime.

The ICC announced in December 2020, through a report from ICC Prosecutor Fatou Bensouda, that there was evidence of crimes against humanity in the Philippines. Bensoudas report points to the war on drugs launched by the Duterte administration at the start of his term in 2016. She stepped down in June this year, parting by saying that she had preserved evidence for her successor in anticipation of a full-blown investigation of extrajudicial killings in the Philippines.

The Philippine National Police estimate that there have been around 8,000 victims of the drug war; however civil society groups tally the casualties at around 30,000.

Talk of Duterte possibly being indicted by the ICC has heated up since then, with the president even daring the court during his State of the Nation address in July to record all his threats against his enemies. However, the chances of Duterte actually being sent to jail despite an admission of ordering the extrajudicial killings and masterminding the whole devastating approach to illegal narcotics is not so straightforward.

In March 2018, the Philippines officially notified the ICC of its intent to withdraw from the organization and has subsequently barred anyone from the court from directly interfering in domestic affairs. Moreover, Duterte holds dominion over most of the Philippine government, including a wealth of allies in Congress. How will the ICC proceed, then, when an investigation looks increasingly likely? Will human rights workers and lawyers in the Philippines play a part in all of this? What would it take to put Duterte behind bars?

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Catching a Criminal

National human rights group Karapatan was one of the advocacy organizations that worked with the victims of the drug war in filing a complaint before the ICC. Cristina Palabay, the groups secretary general, hopes for the best case scenario, wherein a formal investigation takes place sooner rather than later. She stresses that even at this point, the political pressure created by the ICCs involvement is a huge step in isolating and exposing abusers like Duterte. She told The Diplomat that the engagement in the ICC process by victims and their kin sends a strong message that perpetrators of such crimes against humanity in the Philippines should not only be held accountable the crimes they committed should never be repeated.

Get briefed on the story of the week, and developing stories to watch across the Asia-Pacific.

Attorney Ephraim Cortez of the National Union of Peoples Lawyers or NUPL, another group that aided in the crafting of the complaint, explained that this development pierces the armor of invincibility and shows their vulnerability. Legally, the request of the Prosecutor bolsters the claim of the victims that crimes against humanity and similar crimes have been committed and that their relatives were among the victims of these atrocities. The request for an investigation will usher in the beginning of the formal investigation, which may later on lead to the issuance of a summons, and even a warrant of arrest, against Duterte and those names listed in the report of the Prosecutor.

Beyond political posturing, however, Presidential Spokesman Harry Roque downplayed an impending investigation. He said that the ICC will have difficulty gathering evidence. The institution has been barred from the country and the state refuses to cooperate in any capacity.

Attorney and former congressman Neri Colmenares is an expert on international human rights law. He has also been a consistent figure in the opposition against the Duterte government and its many attempts to revise the constitution. He explained to The Diplomat that because an investigation is likely on its way, the prosecutor will have to come to the Philippines and investigate these allegations. But because this will not be allowed by the state, there are other options.

They can communicate digitally and in some cases, a third-party country can be used as a point to meet up, he said. Another possibility is a pre-indictment warrant when evidence is so overwhelmingly undeniable. It is possible under certain rules of the ICC to issue a pre-indictment warrant, in some special circumstances. An indictment comes after an investigation. But for example, if alleged crimes continue, the accused can be taken into custody. It can also be issued to stop the destruction of evidence.

Last month, the Supreme Court in the Philippines clarified that despite the country withdrawing from the ICCs Rome Statue, effective in March 2019, all crimes perpetrated before that date were eligible to be investigated. The ruling came as a blow to the regime, which is losing allies in its bid to defend itself from pressure among the international community. It is a strong indication that at least one branch of government decided to uphold international human rights norms against the executive branch, which has thoroughly eroded whatever vestige of democracy and freedoms that we had, commented Palabay.

But even if a warrant is issued for Dutertes arrest, who will bring him to justice? What body can drag him to jail? The ICC has no peacekeeping force of its own and relies on the law enforcement of its member states, of which the Philippines is no longer one. The ICC may not recognize immunity for heads of state, but the practical matter of putting the cuffs on Duterte should he be indicted remains.

Colmenares said, If he travels to a country willing to execute the warrant then he can be arrested. Hell be safe in China, for example; it depends on the willingness of the country presuming that a warrant is issued. He added that even states that are not members of the ICC can cooperate in executing an arrest order.

Another possibility hinges on a wholly political scenario, essentially requiring the engagement of the nation. The ICC decision comes crucially at a time when Dutertes term as head of state is concluding. Presidential elections are set for May 2022.

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Incumbent on a Nation

Duterte is looking to run for vice president in tandem with either his daughter, Sara, or Senator and closest ally Christopher Bong Go vying for the top spot on the administrations electoral ticket. While the immunity held by heads of state does not matter in the eyes of the ICC, a win for Duterte and his camp in various positions besides the executive can ensure the Philippines non-cooperation with the ICC for the foreseeable future.

The danger here is Duterte will try to use everything, all the goons, guns, and gold, to win. On the other hand, it will also signal weakness on his part. His alliance [with] many politicians relies on the strength he exudes, which will be seriously debilitated, noted Colmenares. Colmenares argued that Dutertes political strength has already been undermined and damaged by the ICC. Moreover, at 76, the presidents health has been called into question, although his staff insists that he is very fit.

Depending on the overall result of the elections, there could be a tug-of-war between political factions in the event that the ICC produces a warrant. There will be those wanting to bring Duterte to justice and those shielding him from prosecution and incarceration. But the uncertainty of it all already damages his electoral hopes, said Colmenares. In that sense, he commented that an indictment will contribute to Duterte becoming a lame duck. And why vote for someone who may not last?

Besides, Cortez of the NUPL noted, that there are avenues to be explored besides the ICC.The victims can seek accountability through impeachment. Other than that and the ICC, the other remedies are more political, meaning through actions that will expose and isolate Duterte politically.

The situation is stacked in a particular sequence, so that any chance of convicting and punishing Duterte for his crimes also requires denying him and his cohorts another shot at ruling.

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The Biden Administration Is Rejecting The War On Drugs And Turning To Harm Reduction – BuzzFeed News

Posted: August 6, 2021 at 10:44 pm

The Biden administration is pushing to reform state drug laws in its latest move aimed at preventing deaths among people who use illegal drugs. The new approach focuses on so-called harm reduction measures that promote safe drug use over abstinence and the threat of imprisonment.

On Monday, the Office of National Drug Control Policy announced a $2.5 million grant to draft model laws to support such harm reduction programs, increase drug treatment options, and reform criminal statutes that have harmed people of color in particular. Its the federal drug policy offices latest shift away from the War on Drugs strategy that was started during the Nixon administration 50 years ago.

Its frankly refreshing to see this office talking about helping people, and not about punishing them, said epidemiologist Traci Green, director of the Opioid Policy Research Collaborative at Brandeis University. For better or worse, model laws for controlled substances have led to changes in the past. So it is smart, I think, to follow this path to reform laws that unfortunately need modernizing in many states.

Last year, more than 93,000 people died of drug overdoses in the US, the highest number ever. The increase was driven in part by the social isolation created by the pandemic, as well as by the wider spread of fentanyl, a drug some 25 to 40 times more potent than heroin, into the illicit drug market. The awareness that overdose deaths are only increasing, combined with reports of HIV outbreaks among people who use drugs in West Virginia and Boston, has intensified efforts to move to a harm reduction approach in the federal response to drug use. In direct contrast, however, some cities, such as Charleston, West Virginia, and Atlantic City, New Jersey, have recently shut down needle exchange sites, which are known to decrease the risks of infectious diseases spreading among people who use illicit drugs.

Announcement of the two-year grant follows the Drug Czars offices easing limits on medications that treat addiction to opioids and allowing the use of federal funds to pay for test strips that can detect fentanyl in drugs. In April, ONDCP acting director Regina LaBelle announced that $30 million in federal funding would be included in the pandemic relief package to fund harm reduction programs for the first time, notably needle exchanges. And last month, ONDCP worked with the Drug Enforcement Agency to end a decadelong moratorium on using vans to dispense methadone to people who are physically dependent on opioids, making the treatment accessible to places without nearby clinics and correctional facilities.

To have the Office of National Drug Control Policy talking about harm reduction is important, both as a symbol, and for real, said public health law expert David Rosenbloom of the Boston University School of Public Health. I remember when you couldnt say those words there. And it wasnt that long ago.

Some punitive state laws immediately force people physically dependent on drugs who get arrested to immediately lose access to insurance that was paying for their drug treatment. The new program announcing model drug laws should target such approaches, Rosenbloom said.

Thats exactly the wrong time to have someone stop drug treatment, he added. They get out of prison and because they are physically dependent, they immediately use drugs again and overdose.

Many other current laws treat overdoses as criminal acts rather than health events, only worsening the overdose crisis, said Green. Such laws make it harder for people to get drug treatment and medical care. There really is a lot to be done to make harm reduction the standard response, she said.

But making model drug laws is just the first step. It remains to be seen whether states actually end up adopting them. The real question is whether the momentum will be there to make them into real laws, Green said.

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The Best Songs of July 2021: The War on Drugs, Caroline Polachek, Deafheaven – Paste – Paste Magazine

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Like a star in the sky, a song can be beautiful all on its own, but is particularly breathtaking when its surrounded by others. In surveying the standout tracks of July, its felt a bit like the Paste Music team was staring upward, squinting to see which individual pieces of the countless constellations above shined the brightest. But you didnt come here for celestial metaphorsyou came for the months best songs, and thats exactly what youll get in a second, from our first preview of the new War on Drugs record and Caroline Polacheks first new single of 2021 to one of Deafheavens latest rippers and much more. See and hear all of Paste Musics top July tracks below.

Listen to our Best Songs of July 2021 playlist on Spotify here.

Caroline Polacheks otherworldly presence has made her one of pops most intriguing figures, first as co-founder of the synth-pop outfit Chairlift, and now as a solo act. Her 2019 debut Pang was a stunner, making our list of the best pop albums of that year. This week, Polachek returned with her first original piece of music since then, Bunny Is a Rider. The single is a sonic departure from Polacheks dreamy, introspective indie-pop as she veers into spicier territories. Deep bass provided by producer Danny L Harle and whistles transport listeners into a Caribbean paradise as Polachek reflects on operating untethered to anyone or anything. In a statement, Polachek elaborates on her new track: Bunny Is a Rider is a summer jam about being unavailable. Bunny is slippery, impossible to get ahold of. Maybe its a fantasy, maybe its a bad attitude. But anyone can be Bunny, at least for three minutes and 17 seconds. Jade Gomez

Los Angeles rockers Cheekface are keeping the Cheek Freaks fed, sharing another new single Tuesday, Next to Me (Yo Guy Version). The band has a U.S. tour set for the fall in support of their acclaimed sophomore album Emphatically No., and this is the second single theyve released since their records release in January, after Aprils We Need a Bigger Dumpster. As is typical of Cheekface tunes, Next to Me (Yo Guy Version) has a broken heart and tongue in cheek bothGreg Katz evokes that bittersweetness right off the bat, starting the first verse, My heart has hiccups, theres no relief. Upbeat guitar riffage, cowbell and a repeated Pavement reference buoy Katzs rueful remembrances of his departed friend (I liked it better when you were standing next to me), with a rad guitar solo to top it all off. Thats Cheekface for youthey just have this way of putting a smile on your face. Scott Russell

Continuing their reinvention from some of the heaviest post-metal of the 2010s to still-gnarly, moody rock music, Deafheaven dont lose an ounce of what made them so initially mighty and often controversial on new single The Gnashing. Uniquely catchy for Deafheaven, George Clarkes melodic vocals, though sung rather than screamed, lose none of their effect, sounding massive alongside the roaring guitars and pounding drums. The Gnashing certainly resembles the bands typically aggressive style more so than previous single Great Mass of Color, but through its emotionally urgent and reflective atmosphere, Deafheaven continue to amaze. Jason Friedman

Since the mid-2000s, Liz Harris has channeled her talent for crafting often hard to describe music that floats between ambient, psychedelic and folk into her project, Grouper. Tuesday (July 27), she announced the follow-up to her 2018 album Grid of Points, simply titled Shade. Alongside the announcement arrived single Unclean Mind, which finds Harriss inimitably airy and hushed voice melting into her acoustic guitar strumming, with harmonies that feel almost like theyre glowing around the whole thing. Immensely lush and immersive, the track carries with it the almost ethereal quality that makes Groupers music consistently hit like an emotional sledgehammer. Jason Friedman

Brooklyn art-punk troupe Gustaf have made some strong waves despite releasing very little music, owing in no small part to their robust, electric, post-punk-inspired sound that recalls at times ESG or Lizzy Mercier Descloux. On new single Book, the latest ahead of their debut album for Royal Mountain Records, Audio Drag For Ego Slobs, the group sound like theyve spent years perfecting the genre, delivering an energetic and captivating blend of Lydia Gammills frantic vocals, groovy bass and tight drums. Book feels simultaneously new and classic, boasting a songwriting maturity that only builds hype for the bands forthcoming full-length. Jason Friedman

The lead single and title track from Hovvdys new album due out Oct. 1, True Love debuted on Tuesday along with a video. True Love, the Austin, Texas duos fourth LP and Grand Jury debut, was co-produced by Andrew Sarlo (Bon Iver, Big Thief) and recorded at Sarlos Los Angeles studio throughout 2020in a time when their musics open-hearted sweetness was most needed. Hovvdy are a long way from their DIY bedroom-pop beginnings on True Love, a lush, acoustic guitar- and piano-driven tune with gentle, but firm touches of cosmic Americana. In the interval since their 2019 album Heavy Lifter, Charlie Martin and Will Taylor both married their partners, and Taylor had a child. All that love is a precious gift, but also a huge responsibility: You comfort me, Rosy, they harmonize, repeating in the swirling outro, Do you believe what I said / That I am the man I say I am? For each Hovvdy record theres always been a song that kinda shocks my system, kinda jolts me into a brand new and inspired place. This was definitely that song for me, Martin said of True Love in a statement. I remember writing it and feeling a rush of excitementcrying a lot honestly. it feels so good to express love and appreciation when you really fucking mean it. but its hard to feel worthy of love, of something so rare, and all we can do is try to measure upthats what that last part is all about. Scott Russell

Following the excellent single Kill Me ahead of her forthcoming album on Saddle Creek Any Shape You Take, Indigo De Souza holds onto the momentum that led Paste to call that track one of our favorites of June with new single Hold U. Starting with only a drum machine and an organ, the energetic and funky track builds to a cathartic conclusion with De Souzas voice acting as a sonic and emotional guide. Each element, down to the the sensitive and headstrong lyrics feel vivacious and brimming with character, which only makes us more excited to hear what new feelings Any Shape You Take will find the songwriting exploring and revealing within the listener. Jason Friedman

Indie-rock group Penelope Isles have been pretty quiet since the release of their lush and electric debut album Until The Tide Creeps In in 2019, but on new single Sailing Still, they prove that time has been spent maturing and evolving as songwriters. Complex string arrangements and heavy guitars drop like an anvil, feeling like a noise-pop avalanche has made contact. Its hard to successfully pull off a song that makes such dynamic use of spaceespecially within the format Penelope Isles is used tobut they pull it off with the effortless brilliance of bands like Grizzly Bear or Beach House. Jason Friedman

Hot off her forthcoming debut full-length album (which is good), Remi Wolf offers another fixture in her vibrant funhouse with Liquor Store. The song, which is Wolfs reflection on her sobriety, captures the stress and subsequent euphoria of newfound sobriety with a sprinkle of her psychedelic funk mixed with R&B. With 2020 behind us and 2021 acting as an optimistic year full of change and excitement, Liquor Store is a reminder that its okay to bare it all. Jade Gomez

TORRES Thirstier was recently named one of our favorite albums of July, and its easy to see why. Her soaring melodies and passionate vocals evoke that same familiar comfort of listening to Bruce Springsteen. On the albums title track, TORRES, real name Mackenzie Scott, crafts carefully written tales of love and heartache over dynamic production that boils into heartland rock-inspired choruses. Partially inspired by her love story with partner Jenna Gribbon (who is featured in the Dont Go Puttin Wishes In My Head video), Scott reflects on experiencing love and happiness in their purest states on Thirstier. Jade Gomez

Nigerian-Canadian rapper TOBis latest single Off the Drugs will probably give you a contact high, enlisting Chicagos own Mick Jenkins for his jazzy, monotone flow that captures the essence of lifes vices in all their variety. However, contrary to a lot of other artists who deal with drugs, the two expand beyond the physical, touching on getting high off love, weed and liquor. The smooth horns mimic TOBis passionate croon, perfect for belting as the summer barbecues edge into the night. Jenkins impeccable grasp of language breaks open each word into their individual syllables as he reflects on smoking alone and experiencing love with liquor. Make no mistake, this is not a track riddled with guilt and regret. Rather, it is an ode to unlocking creativity through the usage of these substances, seeking to destigmatize and promote the universal feeling of relaxation. Jade Gomez

So far, this has been Turnstiles summer with the release of their surprise EP TURNSTILE LOVE CONNECTION, quickly followed by a billboard announcing their forthcoming album Glow On (Aug. 27, Roadrunner Records) alongside a spectacular single, Alien Love Call, featuring Blood Orange. Wednesday (July 28), the band shared their latest single Blackout, only a month shy of their highly anticipated follow-up to 2018s Time & Space. Blackout is a faithful return to the Baltimore bands hardcore roots, with frontman Brendan Yates soaring vocals colliding with explosive guitars accented with power-pop riffs that beg to be replayed. After a false end, the band reconvenes into a hair-raising breakdown that older fans are sure to love. The accompanying animated music video is a hazy dream sequence of silhouettes materializing out of shapes. Jade Gomez

The War on Drugs are back with another one of Pastes most-anticipated 2021 albums, announcing that their fifth studio LP I Dont Live Here Anymore will be released Oct. 29 on Atlantic Records. The announcement was accompanied by the video for lead single and opening track Living Proof, as well as a 2022 tour of North America and Europe in support of the bands new record. Living Proof leads with acoustic guitar and gleaming keys, with Adam Granduciel delivering his stream-of-consciousness lyrics with a poignance befitting some of his most personal songwriting to dateIm always changing, he repeats, the songs only constant as he moves from memory to expectation and back again. The song is a slow burn that doesnt muster The War on Drugs typical guitar-driven energy until late in the game: But Im rising / And Im damaged / Oh, rising, he sings at its peak, evoking what a press release says is the albums central concept: resilience in the face of despair. Scott Russell

The only and only Yves Tumor surprise-released a new EP Thursday, The Asymptotical World, via Warp Records. The six-track offering follows (and features) Jackie, one of Pastes top June tracks, and is the artists first record since their 2020 standout album Heaven to a Tortured Mind. Like Jackie before it, the EP finds Tumor blending psych-rock, neo-soul, post-punk and synth-pop sounds into a musical kaleidoscope with the force of a vortex. London/Berlin industrial dance duo NAKED are featured on Tuck, but its Secrecy Is Incredibly Important To The Both of Them that stands out mostits drums race like a heart near bursting, punctuated by dark-wave guitars as Tumor questions, How can I miss you if you wont go away? Scott Russell

Detroit rapper ZelooperZ is ever-changing, effortlessly shifting between introspective slow burns and disorienting club bangers. On his latest album Van Goghs Left Ear, Zelooperz takes listeners into the Willy Wonka nightmare tunnel of his mind. Album standout Bash Bandicoon, featuring de-facto Bruiser Brigade Records leader Danny Brown, is a lesson in anxiety, captured over a Crash Bandicoot loop. The two emcees share a magnetic charisma that manages to momentarily distract you from the auditory madness ensuing in the background. As ZelooperZ continues to develop his artistry with each release, he continues to test his limitations, jumping over one of the highest hurdles: retro videogame soundtrack samples. Jade Gomez

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Inside the True Story of Netflix’s ‘Cocaine Cowboys’ – Newsweek

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Cocaine Cowboys: The Kings of Miami is the fourth installment, but the first series, in the Cocaine Cowboys franchise. The first installment, titled Cocaine Cowboys, premiered in 2006 followed by Cocaine Cowboys 2 in 2008 and 2014's Cocaine Cowboys: Reloaded. Now, fans of the series can sit through six episodes of the latest outing, which traces the rise and fall of high-school best friends, Augusto 'Willy' Falcon and Salvador 'Sal' Magluta.

"This might be the fourth title in the franchise, but it's the first story we wanted to tell", Cocaine Cowboys director Billy Corben told Newsweek.

"Over 15 years ago, before the first Cocaine Cowboys documentary came out the story of Will and Sal, "Los Muchachos," was the one that we were pursuing. At the time when we were pulling up in Miami it was the biggest drug-trafficking case in history. We followed the case when we were in middle school, when we were in high school, when we were in college here at the University of Miami. So we pursued it but could not nail it down."

Corben explained the numerous factors behind the delay in telling Willy and Sal's story. "The wounds were too fresh and people weren't willing to go on camera to discuss it" he said. "Over the years people came out of the woodwork, they were released from prison or got out of the witness protection program and we began to kind of bank interviews and essentially build an archive of interviews of people involved in this over the course of many years, then we finally had enough material for the documentary."

Cocaine Cowboys: Kings of Miami features a range of interviews with former drug dealers and smugglers who worked alongside Willy and Sal, their loved ones, members of their legal defense team, prosecutors, and the police who chased them for years to tell the incredible true story of one of the largest drug trafficking cases in U.S. history.

Known as "Los Muchachos" [the boys], unassuming Cuban-born and Miami-based high school dropouts Augusto 'Willy' Falcon and Salvador 'Sal' Magluta would go on to become two of the most notorious drug dealers in U.S. history.

They started out their dealing career, selling marijuana before moving on selling cocaine on behalf of Jorge Valdes, a local drug trafficker.

As part of Operation Video Canary in the 1970s, Sal and Willy received 14 months behind bars but were granted bail. When they were free, they continued to sell drugs and never served their short sentence.

When Valdes received a 10-year prison sentence as part of Operation Video Canary, he handed his empire over to Sal and Willy.

From there, their place in the Miami drug trade was solidified and the only way was up. By the time of their arrest in 1991, their empire stretched to over $2 billion.In the documentary, one of Sal and Willy's associates recalls the time he asked when they would give up the drug trade too which Sal responded "when I hit a billion."

Corben explained: "People in drug trafficking, their careers, by and large, in the United States tend to last five years meaning the life cycle so to speak on major kingpins or cocaine traffickers in the U.S. is a very short period of time. If you're lucky, maybe you operate for closer to ten years but usually, with the glare of law enforcement and it's particularly in that era, the advent of kingpin laws, they cracked down on you pretty quickly. You'd wind up dead or in prison. These guys operated for 20 years. "

Sal and Willy were able to stay out of trouble, while Miami was caught in a drug war between Columbian and Cuban cartels. Willy and Sal were not the Miami police or the FBI's priority, allowing them to thrive in the shadows.

Nevertheless, Willy and Sal lived in plain sight, flaunting their wealth, competing in national boat races, using nonviolence, and building relationships with those in the community to keep their empire intact.

Corben shared: "I think the nickname Los Muchachos [best describes them], that was the perception of them in this community. They were celebrities but they were accessible. They were Robin Hoods. That was the that was how the community perceived."

Corben said: "They were known at the time that they were operating as being nonviolent. Of course, the government alleges that that changed when they were indicted and their backs were against the wall and they started to allegedly dispatch some of their co-conspirators and potential cooperating witnesses but they were beloved and I think someone else says it best in the documentary when they say 'there maybe six degrees between Kevin Bacon but in Miami, there were only one or two degrees from Willy and Sal.'"

They evaded arrest and prison sentences for over a decade, able to pay their way out of jail thanks to their influence in Miami's political, legal, and business institutions.

As the War on Drugs began in the 1980s, led by President Ronald Reagan, the gap between Willy, Sal, and the police began to narrow.

Despite evading arrest on numerous occasions, they were finally caught in October 1991. Their story remains one of the largest drug cases in US history.

They were accused of illegally smuggling 75 tons of cocaine into the country between 1978 and 1991, amassing a fortune of $2.1billion.

After four years, they stood trial in 1996 but were acquitted, despite a mountain of evidence against them.

As heard in the Netflix documentary, in the four years between their arrest and trial, at least three potential prosecution witnesses were killed and two others were wounded. The prosecution argued Willy and Sal were behind the hits but had no concentre evidence to prove it. Sal and Willy's defence also denied their clients had anything to do with the suspicious deaths.

After an investigation into their finances in 1999, prosecutors discovered the jury foreman and two other members of the jury in the 1991 trial had accepted bribes to acquit Willy and Sal.

They were eventually retried again in 2003, on dozens of charges, including corruption, conspiracy to obstruct justice by bribing jurors, paying witnesses to lie and murdering three witnesses, and the laundering of drug profits.

Willy took a plea deal and was sentenced to just 20 years behind bars.

Sal did not plead guilty and stood trial and was convicted of money laundering and bribery. He was acquitted of the murdering or witnesses from the original 1991 trial. The judge sentenced him to a life sentence of 205 years, which was reduced in 2006 to 195 years.

Willy's brother, Gustavo Falcon, also received a prison sentence but remained on the run for 26 years.

Corben reflected "There were so many different tentacles and co-conspirators and what they call satellite cases, you know, the cases involving the jurors, the cases involving the Columbian hit team." All of these things over the years were roadblocks in securing Sal and Willy's imprisonment.

Sal Magluta is serving out his life sentence at ADX Florence, a supermax prison in Colorado.

Some of the most notable offenders imprisoned alongside Sal include Boston Marathon bomber Dzhokhar Tsarnaev, former senior FBI agent turned spy for the Soviet Union and later spy, Robert Hanssen, and Mexican drug lord Joaqun "El Chapo" Guzmn.

Corben was able to give a brief update on Sal's whereabouts.

He said: "Sal is in Florence, Colorado, in a supermax prison. It is the most secure prison in the United States under some of the harshest conditions in the U.S., with some of the worst terrorists and violent offenders in this country, where he will serve the next 180 some odd years and you know, he will very likely die."

On the other hand, Willy Falcon is no longer in prison after being released in 2017.

He faced immediate deportation as he was not a U.S. citizen and was eventually reported to the Dominican Republic (DR) on November 6, 2018, instead of his native-Cuba.

However, his whereabouts are unknown today.

Cocaine Cowboys director Billy Corben said: "Willy is out and about. I think I know where he is, but I can't confirm it so I won't say, but he was released several years ago held in immigration detention because he never became a US citizen and so he was eventually deported."

Corben also shared the alleged reason why Willy was deported to the DR over Cuba.

He said: "His attorney ordered that because part of the money that Willy and Sal had made in the drug trade they had donated very generously to various charities and churches and organizations, some of which were anti-Castro organizations and some of the paramilitary organizations who had through the years attempted to enter the island and overthrow or assassinate Fidel Castro.

"And because of their involvement with those organizations, his attorneys argued he should not be deported to Cuba for his own safety, and so they deported him to the Dominican Republic where when word got out that he was there, people in the DR were upset about that. And he was asked to leave."

Cocaine Cowboys: The Kings of Miami is streaming on Netflix now.

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The Philippines Keeps Its Pact With The US Military. Here’s Why It Matters – NPR

Posted: at 10:43 pm

A U.S. Navy hovercraft prepares to hit the beach during amphibious-landing exercises as part of an annual joint U.S.-Philippine military exercise on the shores of San Antonio, facing the South China Sea, in Zambales province, Philippines, on April 11, 2019. Ted Aljibe/AFP via Getty Images hide caption

A U.S. Navy hovercraft prepares to hit the beach during amphibious-landing exercises as part of an annual joint U.S.-Philippine military exercise on the shores of San Antonio, facing the South China Sea, in Zambales province, Philippines, on April 11, 2019.

Philippine President Rodrigo Duterte has derided the United States, and courted China, through much of his time in office, putting one of America's oldest alliances in Asia on the back foot. But now, nearing the end of his single six-year term, the mercurial leader appears to be looking more favorably toward the Americans.

Last week, Duterte withdrew a year-and-a-half-old threat to cancel a key security pact with the U.S. the Philippines-United States Visiting Forces Agreement. The 1998 VFA makes it easier for U.S. forces and ships to operate in the Philippines, including conducting large combat exercises that have alarmed China.

Philippine Defense Secretary Delfin Lorenzana said last Friday that his government retracted its pending termination of the agreement and said, "We are back on track." He was speaking at a joint news conference in Manila with visiting U.S. Defense Secretary Lloyd Austin, who said restoring the VFA was "a very welcome decision."

U.S. Defense Secretary Lloyd Austin views the Philippine military honor guard at Camp Aguinaldo in Quezon City, Philippines, on July 30. Rolex dela Pena/Pool photo via AP hide caption

U.S. Defense Secretary Lloyd Austin views the Philippine military honor guard at Camp Aguinaldo in Quezon City, Philippines, on July 30.

Duterte's turnaround comes at a time of fierce rivalry between the U.S. and China and heightened tensions in the South China Sea. Beijing has aggressively asserted its claim over most of the disputed waters, despite an international arbitration ruling that declared China's claim illegal. And the Biden administration is trying to reinforce relations with Southeast Asian countries that China has been intimidating, including the Philippines.

Here are some important takeaways from the restored agreement.

Duterte said his decision to continue the military arrangement with the U.S. was a "concession" in exchange for COVID-19 vaccines donated by President Biden. Those include more than 3 million Moderna shots that arrived this week, following a similar number of Johnson & Johnson doses in July.

While thanking Biden and the American people for the vaccines during his Monday night televised briefing, Duterte said, "I also gave a concession. I conceded the continuance of the Visiting Forces Agreement."

Duterte later said he would use U.S.-donated vaccines to "entice" Filipinos who have not yet been inoculated to get the shots, amid resurging confirmed daily coronavirus cases in the country.

The public has grown skeptical over the efficacy of the Chinese-made Sinovac vaccine administered in the Philippines. Renato de Castro, a professor of international studies at Manila's De La Salle University, says the Philippine people "do not trust the Chinese vaccine," but they recently "mobbed" a popular Manila mall when Pfizer-BioNTech shots were offered.

A woman holds the hands of her husband as they wait for a shot of the Sinovac COVID-19 vaccine at a drive-through vaccination center in Manila, Philippines, on June 22. Doubts have spread among Filipinos about the Chinese-made vaccine. Aaron Favila/AP hide caption

A woman holds the hands of her husband as they wait for a shot of the Sinovac COVID-19 vaccine at a drive-through vaccination center in Manila, Philippines, on June 22. Doubts have spread among Filipinos about the Chinese-made vaccine.

The pro-American Armed Forces of the Philippines are likely to have influenced Duterte as well. Robert Herrera-Lim, an analyst with the Teneo consulting group in Manila, says the military's "simmering discomfort" with the president's embrace of Beijing has pushed the defense establishment to take a more assertive line against China.

Philippine military leaders blasted Beijing this year for massing a flotilla of Chinese fishing boats near Philippine-claimed reefs, calling it an "incursion."

Since taking office in 2016, Duterte has taken a softer stance on China than past presidents and tried to strengthen ties with the Asian economic giant. But only a fraction of the billions of dollars in Chinese aid and investment he sought for the Philippines has materialized.

Meanwhile, Duterte has pushed for greater distance between the Philippines and the U.S., its treaty ally and onetime colonial power.

In February 2020, the Philippines formally notified the U.S. that it would break off the VFA, but Duterte extended the time frame several times and the deal has remained in effect.

Principally, the VFA sets guidelines for the temporary presence of U.S. service personnel, including rules on procedure and jurisdiction when they are accused of breaking Philippine laws.

The agreement enables the U.S. to send warships and large numbers of troops to engage in combat training, drills and other exercises with the Philippine military.

Uncertainty over whether the U.S. would have to pull out military forces currently operating in the Philippines, including those helping combat Islamist militants in the southern islands, "has been weighing heavily" on the U.S. Defense Department, says Jay Batongbacal, a maritime expert who teaches law at the University of the Philippines.

Philippine President Rodrigo Duterte delivers a state of the nation address at the House of Representatives in Quezon City, Philippines, on July 26. Duterte is nearing the end of his six-year term amid a raging pandemic, a battered economy and a legacy overshadowed by a bloody anti-drug crackdown that set off complaints of mass murder before the International Criminal Court. Jam Sta Rosa/Pool photo via AP hide caption

Philippine President Rodrigo Duterte delivers a state of the nation address at the House of Representatives in Quezon City, Philippines, on July 26. Duterte is nearing the end of his six-year term amid a raging pandemic, a battered economy and a legacy overshadowed by a bloody anti-drug crackdown that set off complaints of mass murder before the International Criminal Court.

Analysts say Duterte's decision was less a change of heart and more the calculation of a wily politician especially ahead of the May 2022 presidential election.

Duterte isn't able to run for reelection, but he has fueled speculation that he might seek the vice presidency alongside his daughter, Sara Duterte, who is considering a bid for the presidency. She currently holds her father's old job as mayor of Davao City on Mindanao island. Manila-based analyst Herrera-Lim says should Duterte's daughter Sara become president, "she will likely adopt a more measured tone closer to the balancing act of other Southeast Asian leaders."

Duterte putting distance between himself and his pro-China policy, which yielded few of the economic gains he promised, could be politically advantageous for his preferred successor.

According to public opinion surveys, Filipinos widely distrust China while they express a significant degree of trust for the United States. And nearly half of adult Filipinos say the government isn't doing enough to assert the country's rights in the South China Sea.

De Castro, the international studies professor, says Duterte's inner circle knows "that an anti-China sentiment can fuel an opposition figure victory, so they are trying to do what they can to dampen that."

But Herrera-Lim says Duterte's foreign policy "biases" are unlikely to have changed. The irascible leader resents many of the rules-based institutions that underpin the liberal international order.

"Should the situation present itself," Herrera-Lim says, "he will continue with his diatribes against the U.S. and EU."

On Monday night, Duterte warned the U.S. State Department to "be careful" about criticizing his government's human rights record because he said, "Your country is ... guilty also of so many violations of human rights." It was an apparent response to a move by nearly a dozen Democratic senators who urged Secretary of State Antony Blinken to condemn alleged human rights abuses committed in the Philippines, including those related to the country's bloody war on illegal drugs.

U.S. Defense Secretary Lloyd Austin (left) greets the chief of staff of the Armed Forces of the Philippines, Gen. Cirilito Sobejana (right), with a fist bump as Philippine Defense Secretary Delfin Lorenzana looks on at Camp Aguinaldo on July 30. Rolex dela Pena/Pool/AFP via Getty Images hide caption

U.S. Defense Secretary Lloyd Austin (left) greets the chief of staff of the Armed Forces of the Philippines, Gen. Cirilito Sobejana (right), with a fist bump as Philippine Defense Secretary Delfin Lorenzana looks on at Camp Aguinaldo on July 30.

Touring the region last week, Austin, the U.S. defense secretary, said, "We are not asking countries in the region to choose between the United States and China."

Austin said he is seeking to "reinvigorate" the U.S.-Philippine alliance, which marks 70 years of the Mutual Defense Treaty this year, and to help "modernize" the Armed Forces of the Philippines.

In June, the State Department approved plans to sell the Philippines $2.6 billion worth of fighter jets, missiles and related equipment.

Vice President Harris' Southeast Asia visit later this month caps a succession of high-ranking officials who have traveled to the region to make the case "in neon lights" that the U.S. is back in the region, says Murray Hiebert, an expert on Southeast Asia at the Center for Strategic and International Studies. The administration is hoping to rebuild trust that declined under former President Donald Trump's "America first" policy.

While the Biden administration has declared human rights the centerpiece of its foreign policy, it has carefully avoided publicly calling out the Philippines over its controversial drug war and other alleged abuses.

De Castro says the Americans need Duterte on their side because of the rising dangers posed in the South China Sea. "Why rock the boat? It's only a matter of 10 months" before Duterte leaves office, he says.

Any genuine reset of U.S.-Philippine relations, de Castro says, "will have to wait until President Duterte is no longer president."

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The Philippines Keeps Its Pact With The US Military. Here's Why It Matters - NPR

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