Quianna Canada

The United Nations High Commissioner for Refugees Must Investigate Ireland's Coercive Repatriation Practices
Human Rights

The United Nations High Commissioner for Refugees Should Investigate Ireland’s Coercive Repatriation Practices

Mar 24, 2023 by Quianna Canada 0 Comments , ,

The United Nations High Commissioner for Refugees Should Investigate Ireland’s Coercive Repatriation Practices before its too late.

MARCH 24, 2023

To the esteemed members of the United Nations:
I, the undersigned, write to draw your attention to the pressing issue of coercive repatriation in Ireland, a practice that violates the fundamental rights of asylum seekers in the State. I urge the United Nations to undertake a comprehensive investigation into this practice in Ireland, and to take necessary steps to ensure that it is eliminated.

Coercive Repatriation in Ireland


Coercive repatriation refers to the forced return of asylum seekers to their home countries, often in violation of the principles of non-refoulement and the right to seek asylum. Despite the contentions of those involved, some asylum seekers in Ireland have fled their country due to police violence and brutality, gun violence, racism, or discrimination on the basis of their gender identity.  I further submit that some asylum seekers are at risk of real harm if they are returned. Despite the risks faced, the International Protection Office in Ireland and staff in Direct Provision continue to engage in this coercive practice, which disregards an asylum seekers basic human rights under international and human rights law. It is essential that the United Nations investigate this issue and take action to put an end to Ireland’s effort to coercively repatriate asylum seekers, on account that it has formed diplomatic relations with an asylum seeker’s country of origin. Moreover, it is settled law that any repatriation through coercive means is a breach of Art. 33 of the Refugee Convention.

Responsibility of the United Nations to Investigate


The United Nations has a responsibility to uphold human rights of all individuals, regardless of their nationality and race. By investigating this practice and working to eliminate it, the United Nations can help protect my rights, and the rights of other asylum seekers, ensuring that we are all treated with dignity and respect.

The United Nations High Commissioner for Refugees Must Investigate Ireland’s Coercive Repatriation Practices! Comprehensive Investigated Required.


In conclusion, I call on the United Nations to act without delay on this important matter. I also urge the United Nations to launch a comprehensive investigation into Ireland’s coercive repatriation and to take strong actions to ensure that this practice is stopped once and for all. I believe that this is a critical matter that demands immediate attention, and I stand ready to support the United Nations in any way possible, with any evidence and documentation I have complied over the last two years, to achieve a just and humane solution.

Thank you for your attention to this matter.

Sincerely,

Quianna Canada

Why the Biden Administration’s New Executive Action Won’t Reduce Gun Violence
Fact Check

Why the Biden Administration’s New Executive Action Won’t Reduce Gun Violence

Mar 22, 2023 by Quianna Canada 0 Comments ,

Why the Biden Administration’s New Executive Action Won’t Reduce Gun Violence

On March 14, 2023, the Biden Administration announced a new executive action to reduce gun violence and to make our communities safe. But Americans have seen this before, haven’t we? Our government proposes a solution that will prevent gun violence in the nation and gun violence continues. After reading the new action, I am saddened to say our government is exposing us to another “Groundhog Gun Day.”

Connecticut was one of the first states to enact red flag laws. Yet this “Provision State” has experienced one of the most horrific mass-shootings in history. What Connecticuter can forget Adam Peter Lanza, who shot and killed 28 children at the Sandy Hook Elementary School? I know I cannot.

America’s undivided attention on the purchaser’s background is a Gadarene decision to make it appear as if the U.S. is tackling the gun epidemic in the nation, when in reality, its action have little to no effect.

While red flag laws are beneficial in preventing gun-related suicide deaths, there is little evidence to show the efficacy against mass-shootings.

Another important point to make is how the Biden Administration has changed its language regarding domestic terrorism. For instance, the Biden Administration has now cleped these individuals: “domestic abusers.” However, it is important to call these acts what they are: domestic terrorism. What is more, many of these individuals have little to no criminal record. Indeed, Payton S. Gendron, Salvador Rolando Ramos, Adam Peter Lanza, DeWayne Antonio Craddock and Ahmad Al Aliwi Al-Issa all had little or no criminal record at the time they committed their shootings.

Why the Biden Administration’s New Executive Action Won’t Reduce Gun Violence: Because Red Flag Systems Are Triggered by Criminal Records

Another important point to make is that red flag systems are triggered by criminal records. If an individual wants to commit a mass-shooting but does not have a criminal record, their purchase will not be red flagged. This means an individual with no criminal record who seeks to commit a mass-shooting can purchase a gun. Therefore, red flag systems are ineffective.

Even if this method closes the loophole for people with felony convictions and domestic terrorists and prevents them from purchasing a firearm legally, it does not avert the illegal purchase of a firearm. In light of these facts, it’s safe to say—or unsafe to say depending on how you look at it—that the Biden Administration’s new executive action will not reduce gun violence.

The Poetic Injustice of the Non-Ideal Victim
Analysis, trans

The Poetic Injustice of the Non-Ideal Victim 

Mar 18, 2023 by Quianna Canada 0 Comments , , ,

The Poetic Injustice of the Non-Ideal Victim

In 2015, the American Broadcasting Company aired an anthology crime drama called American Crime. The second season takes place in Indianapolis, Indiana, where the co-captains of a private school’s basketball team are accused of sexually assaulting a male classmate and posting photographs of the incident online. In the beginning of episode four, we hear Kevin Kantor, a non-binary rape survivor delivering “I Am Sure,” in which they speak poetically about their treatment as a non-ideal rape victim in the United States.

The central theme of “I Am Sure” is the critical victimology of the “ideal victim.” According to Nils Christie’s concept, the ideal victim is a young female who is perceived by Society as being weak. She is further perceived as being in the “right place” at the “wrong time” of her victimization. A female jogger who is overpowered by an unknown male victim on a trail at night and raped is an example of the ideal victim. One should note here that biological women who find themselves in these scenarios are more likely to receive sympathetic responses from law enforcement officers and Society as a whole.

Kantor is clearly excluded from this typology because (1) they are not a biological female, and (2) they do not remember how much they had to drink. What Kantor does remember is how Society downplayed their vulnerability based on the stereotype that biological males are not weak. One should not forget that American law enforcement officers have a history of holding trans and non-binary victims in low regard, and disregard the rape complaints they make. Society has also shown an intolerance for people who get drunk. Indeed, Kantor divulged when they reported being raped the responding officers rolled their eyes. A journalist also asked them if they were sure about being raped (Kantor 0:35-0:45). The officers’ non-verbal actions and the journalists’ insensitivity to Kantor’s experience is often thought of as “secondary rape” because the victim is disbelieved rather than treated as a human who was injured. As can be seen, Kantor is the non-ideal victim.

Although Kantor does not say to us “they didn’t believe me,” their disclosure “Remember how busy you were trying to figure out how they got in…” leads us into the psyche of a rape survivor. It also illustrates how law enforcement officers’ style their investigations around the inconsistencies and mistakes trans and non-binary victims made before their attacker raped them. By doing this, law enforcement officers can justify their hostility and lack of support for trans and non-binary rape victims.

It is quite likely there is a sub-theme in “I Am Sure,” one I found nestled in the following paragraph:

 “I am sure I remember it feeling like every room of my home being broken into at the same time…remember how I told you that it felt like every room of my home being broken into at the same time? Remember how busy you were trying to figure out how they got in that you forgot all about the person living there” (Kantor).

The Poetic Injustice of the Non-Ideal Victim – Robbery of the Body

I get the sense that Kantor felt as if their body was robbed, as they disclosed that “every room of [their] home being broken into at the same time.” The breaking into their rooms is an allegory for the stealing of consent. This is discernible from Kantor’s “the trauma of someone trying to take their body from them.” I would even go so far as to say this disclosure reveals how trans and non-binary victims are robbed of their autonomy and the authority of their body. This is what I refer to as “Robbery of the Body.”

Kantor’s soliloquy that law enforcement “forgot all about the person living there” is the bleak emptiness one feels after sexual trauma. This soliloquy also reveals how law enforcement officers raid the non-ideal victim’s thoughts by manufacturing a case against them in order to discredit them. This is done by re-creating the crime scene and fabricating a narrative that harms victims like Kantor. A narrative that individuals like Kantor cannot be raped disregards the traumatic experience, which frequently turns the non-ideal victim’s body against them. This piece screams: trans and non-binary individuals must approach all of their physical or sexual experiences with apprehension! When these human experiences are approached with apprehension, they are snavelled of their enjoyment. This invasion of the human body and self is undoubtedly an experience of emptiness that robs one of bodily autonomy. It is clear from the poem that Kantor was unable to protect those boundaries to secure their bodily integrity (Bernstein 144).

As attested by Bernstein, being raped is traumatic and devastating for victims like Kantor because it means the rape remains imprinted on the body-psyche of the survivor. If we refer back to the soliloquy that law enforcement “forgot all about the person living there,” we hear an immeasurable void within Kantor. We also see how Kantor may be unable to replace what has been taken from the rooms in their home. This replacement would be obsolete for Kantor, had they never been raped.

If you enjoyed reading The Poetic Injustice of the Non-Ideal Victim, subscribe!

References

Bernstein, J. M. “The Harm of Rape, the Harm of Torture.” Bernstein, J. M. Torture and Dignity: An Essay on Moral Injury. Chicago: University of Chicago Press, 2015. 116-172. Print.

Christie, Nils. “The Ideal Victim.” Duggan, Marian. Revisiting the Ideal Victim: Developments in Critical Victimology. Bristol University Press, 2018. 11-24. Print.

Kantor, Kevin. I Am Sure. Ed. Stanley Thai. 29 January 2016. Web. 02 February 2023.

Kantor, Kevin. I Am Sure. Ed. Button Poetry. 15 March 2020. Web. 22 February 2023.

Wikipedia. “American Crime (TV series).” n.d. Wikipedia. Web. 22 February 2023.

Direct Provision Manager Calls Gardai on Asylum Seeker After Served With Environmental Complaint
Direct Provision

Direct Provision Manager Calls Gardai on Asylum Seeker After Served With Environmental Complaint

Mar 10, 2023 by Quianna Canada 0 Comments , , , ,

Direct Provision Manager Calls Gardai on Asylum Seeker After Served With Environmental Complaint.

Breda Keane Shortt, the manager at a Direct Provision centre in Cork, called the Gardai on an asylum seeker after they served her with a complaint for a violation of the Environmental Protection Act 1992, on 06 March 2023.

The Complaint alleges “Despite several attempts to resolve the dispute with Keane Shortt, she failed to take adequate measures to remedy the situation,” which has rendered their space at night “virtually uninhabitable.” When the Complainant made attempts to hand the Complaint to Keane Shortt, she refused. The Complainant then politely asked Keane Shortt’s son, who works at the Kinsale Road Accommodation Centre, if he would accept service for her on her behalf, and he refused. When this failed, the Complainant gently placed the Complaint on Keane Shortt’s car. Keane Shortt then demanded that security remove the Complaint. When the Complainant removed the Complaint from Keane Shortt’s car, she called the Gardai. She later retaliated against the Complainant—using her authoritative position with International Protection Accommodation Service—to issue them a disciplinary notice.

Direct Provision Manager Calls Gardai on Asylum Seeker After Served With Environmental Complaint. Asylum seekers are afraid of Breda Keane.
Courtesy of the Irish Examiner

Toxic Management at Kinsale Road Accommodation Centre

A group of asylum seekers further allege Keane Shortt’s management style is toxic. A few months ago, asylum seekers gathered together to complain about the lack of parking space at Kinsale Road Accommodation Centre, and requested to have a meeting with Keane Shortt. Asylum seekers allege Keane Shortt intercepted the petition and refused to have discussion. Some of those whose names were on the petition were evicted from Kinsale Road Accommodation Centre under mysterious circumstances.

Direct Provision Manager Calls Gardai on Asylum Seeker After Served With Environmental Complaint. Other Asylum Seekers Are Afriad of Keane Shortt’s Toxic Leadership.

I interviewed a group of female asylum seekers who said, “We are afraid of her.” When asked to come forward, they said “We are afraid she will evict us. She has done it to our friends. We have children. We need to keep them safe.” Asylum seekers in the past have alleged that Keane Shortt opened private letters and shared their content with the International Protection Office.

Repatriation through coercive means is a breach of Art. 33 of the Refugee Convention. In MSS v. Belgium and Greece, the Belgian authorities engaged in coercive repatriation efforts to force the applicant back to Greece, where he lived in permanent fear of being attacked and robbed.  The ECtHR found State’s efforts amounted to inhuman or degrading treatment or punishment. The District Court will hear the case on 24 March 2023.

Shoplifting Now Punishable By Death in the U.S.?
Opinion, The Quandary

Shoplifting Now Punishable By Death in the U.S.?

Mar 4, 2023 by Quianna Canada 0 Comments ,

Is shoplifting now punishable by death in the U.S.?

Shoplifting is the act of knowingly taking goods from an establishment in which they are displayed for sale, without paying for them.[1] In the U.S., store employees have certain powers of arrest. For instance, store employees may detain suspects outside of and inside the store premises if they believe an individual is attempting to take or, has unlawfully taken merchandise.[2]

Store employees also have a certain level of citizen’s arrest powers. However, this power only extends to felony offenses and not misdemeanors.[3] In the U.S., shoplifting is a misdemeanor not a felony. Therefore, the crime should not be punishable by death.

The Penalty for Shoplifting in the U.S.

In 2012, an off duty police officer shot a woman who he suspected was shoplifting at Wal-Mart. At the time he shot her, two children were seated in the back of the car. Six years after this particular incident, a security guard opened fire on a homeless man that he suspected was shoplifting at a Hollywood Walgreens.

Then in 2019, reports surfaced that four individuals rushed into a Pine Hills Wal-Mart and attempted to steal baby diapers. A Wal-Mart employee approached the suspected shoplifters, while they were loading the merchandise in the back of a car. After he approached the suspected shoplifters, an armed customer shot one of them with a gun. During the same year, a Walgreens’ clerk suspected a woman of shoplifting and called a friend for assistance. The friend arrived with a gun—confronted the woman—and shot her.

There is more. In 2022, a sergeant shot and killed a man who Dollar General employees suspected was shoplifting. While law enforcement officers contend the man had a criminal history, witnesses assert the man was a friendly regular in the neighborhood who should not have been shot.

The most recent shoplifting case that appears to be punishable by death in the U.S. is the Tysons Corner Mall incident. Employees at the Tysons Corner Mall suspected a Virginia man of shoplifting designer sunglasses. Loss prevention staff then called Virginia police officers, who chased the man into the forest. The policer officers shot and killed him. Despite conflicting reports, Chief Kevin Davis admits that officers found no weapon at the scene.

Should a Suspected Shoplifter be Shot Based on their Criminal Background?

According to Davis, the suspect in the February 2023 incident was well known to police in Virginia and had a “significant violent criminal history.” With this statement, Davis seems to be suggesting that law enforcement’s shooting of the suspect was justified.

The first thing that needs to be said is that I do not condone criminality despite the argument I will now present. The suspect’s alleged criminal record does not justify the shooting. First, it is unlikely that Macy’s Department store employees knew the suspect’s identity at the time of the incident or had access to his criminal history. Second, it is unlikely that law enforcement knew or had access to the same. To identify an individual, law enforcement officers would need to ask for the individual’s government vitals and then run it through their police system. It is unlikely Virginia police carried out this step before the suspect fled the scene. Indeed, Davis admits that when officers approached the suspect he fled.

Third, the suspect was running away from police officers. This is an indication that the suspect was in flight not fight mode. During the flight response to threat, the brain signals to the individual that there is danger. It then alerts the body to escape and flee to safety. This response is quite different from the fight response, where the body may experience a rush of adrenaline. In this response, an individual may resort to physical violence and aggression, which we can agree, did not happen during this incident. To reiterate, law enforcement officers found no weapon at the scene. Even if they thought the suspect would become violent, it was clear that he was out-numbered by two police officers. In other words, the police officers had the potential to overpower the suspect. This leads me to believe the shooting was not justified.

Shoplifting now punishable by death in the U.S.? Are We Following in the Footsteps of Non-democratic Regimes?

Afghanistan, China, Iran, Saudi Arabia, Iraq and North Korea impose a death penalty for theft, which leads me to believe we are following in the footsteps of these non-democratic regimes.

Article 6 of the International Covenant on Civil and Political Rights prohibits arbitrary deprivation of life. It also provides for specific conditions for the imposition of the death penalty with respect to countries that have not yet abolished it. Although the U.S. ratified the Covenant on June 08, 1992, individual citizens cannot bring a complaint under the protocol.

The Human Rights Committee has articulated that countries such as the U.S.—that have not abolished the death penalty—only may impose the death penalty for the most serious crimes.[4] This means the U.S. must interpret the term “most serious crimes” restrictively and should appertain only to crimes of extreme gravity, involving intentional killing.[5] Crimes not resulting directly and intentionally in death, such as economic crimes, can never serve as the basis for the imposition of the death penalty under Article 6.[6]

References

[1] Wikipedia. (n.d.). Shoplifting. Wikipedia. Available at: https://en.wikipedia.org/wiki/Shoplifting

[2] Id.

[3] Id.

[4] HRC (2019). Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty. A/HRC/42/28, at para. 8. Available at: https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/42/28

[5] Id.

[6] Id.

All the Easter Eggs in ‘Two Distant Strangers’ You Missed
Film Reviews

All the Easter Eggs in ‘Two Distant Strangers’ You Missed

Feb 24, 2023 by Quianna Canada 0 Comments , ,

All the Easter Eggs in ‘Two Distant Strangers’ You Missed

The film ‘Two Distant Strangers’ takes place in the fast-moving city of New York and is inspired by Cynthia Koa’s Groundhog Day for a Black Man. The protagonist is Carter James, who is trapped in a time loop, where he re-enacts several high-profile fatal encounters that Black Americans had with police officers in the United States.

In the opening scene, we see a statute of a dog, and eventually, James’ rottweiler. While one could interpret this as dogs are loyal and friendly, another interpretation is the symbolism of how authorities and the mean-spirited have used dogs as a tool of oppression against Black Americans. According to Shontel Stewart, this idea has its origins in slavery and manifests itself in a variety of oppressive acts that target Black Americans—such as extrajudicial killings—a persistent theme in this film.

Symbolism of the WhiteCycle and Noose

We see two memorials inside James’ apartment: a white bike and a white rope tied like a noose. WhiteCycles (or ghost bikes) are often placed where the driver of a motor vehicle ended a cyclist’s life. They have also been placed in areas where a cyclist was severely injured. The WhiteCycle pays homage to Dijon Kizzee, who Los Angeles sheriffs stopped and fatally shot while riding his bicycle in 2020.

All the Easter Eggs in ‘Two Distant Strangers You Missed’ – The Encounters

Carter James’ First Encounter with New York Police

James steps out Perri’s apartment, a girl he wants to start a relationship with and adores. As James makes an effort to get home, he collides with a White man who is wearing a white shirt with blue stripes. The collision causes the White man to spill his coffee; and James to drop a wad of cash. Historically, the color white has symbolized innocence. The color blue has often symbolized trust and truth.

The incident captures the attention of a White police officer named Merk, who accuses James of smoking something other than a cigarette. James refers to Merk by his name. When James does, Merk commands him to call him sir. Although James complies, Merk snatches him and pins him against the wall. A White woman records the police brutality incident and screams, “He didn’t do anything!” which depicts allied voices—especially female voices—that carry no weight in a White patriarchal society.

Merk throws James to the ground and places him in a choke-hold. Although James pleads “I can’t breathe” several times, Merk continues to choke him. This scene observes the death of Eric Garner, who New York police officers placed in a choke-hold in 2014.[1]

The Symbology of ‘The Way It Is’ Song

James plays Bruce Hornsby’s “The Way It Is” — a track about “a law passed in 1964,” which was remixed by Tupac Shakur in 1998. According to SMF, the law is likely a reference to a couple of statutes passed that year—the Civil Rights Act and Economic Opportunity Act—which were meant to counteract the self-same “rules” mentioned in the second verse.[2] Based on SMF’s interpretation, the song appears to be saying this: even though such laws were passed which make people change how they behave on the surface, internally their thinking remains the same.[3]

James’ Second Encounter with New York Police

In James’ second encounter, he doesn’t drop cash nor does he collide with the White male. Nonetheless, Merk still approaches James and demands to conduct an illegal search of his bag. James does not consent, stating “I know my rights.” James’ self-preservation angers Merk who then retaliates by throwing James to the ground. Merk then yells, “Do not resist!”, “Comply!” and “Let go of my gun!” American police often yell these commands during fatal encounters to justify their misconduct against Black Americans, even when Blacks have complied, are not resisting and have not reached for a weapon. In this scenario, James is shot several times. The scene observes the death of Ezell Ford, a 25-year-old Black male who LAPD officers shot several times on August 11, 2014.

James’ Third Encounter with New York Police

James continues to have dreams where Merk kills him, a frightening harbinger and glimpse at a short-lived future in New York. These premonitions induces James to take a different course of action to stay alive. For example, James elects not to leave the apartment, hoping this will stop the manifestation of his death.

All seems to go well until James and Perri get an unexpected visit from New York Police, who aggressively commands they “open up!” In what seems like a second, New York Police is inside their apartment pointing their AK-47 shot guns at both James and Perri. James jolts awake after Merk shoots him several times, discovering its just another nightmare. This scene observes the death of Amir Locke, who Minneapolis police killed during a no-knock warrant search.[4]

James’ Fourth Encounter with New York Police

To escape death, James tries a different course of action. This time, James does not wear his jacket outside. But he still encounters Merk. Regardless of the direction James decides to go—whether it’s the left or right—his premonitions are the same: Merk shoots him.

James’ Fifth Encounter with New York Police

James tries a different strategy: being cordial to Merk. This strategy fails, as Merk orders James to display identification and to “keep your hands where I can see them.” They both say, “That’s a lotta money for a guy with a not-so cigarette smelling cigarette.” James explains to Merk how both of them are stuck in a time-lapse, pointing to the couple who would soon share a kiss; the girl who takes a selfie, and the boy on the skateboard who would fall. Merk asks James if he shoots him, will the cycle repeat itself. To which James replies, “Yes.”

James survives the encounter and proceeds walks down the alley. When two teens run pass him, New York police automatically assume James is affiliated with them. For example, New York police demand to know, “Where did your friends go?” which frightens James to the point he awakens from the nightmare.

James’ Sixth Encounter with New York Police

James converses with Merk, where he discloses that Merk shot him 99 times. It appears Merk is sympathetic and asks, “What do you want?” James asks Merk to drive him home. Merk’s license plate reads 1488, which symbolises hate. According to Anti-Defamation League, the first symbol is 14, which is shorthand for the “14 Words” slogan: “We must secure the existence of our people and a future for white children.”[5] The second is 88, which stands for “Heil Hitler.”

Although Merk agrees to give James a ride home, Merk places him in the back of the police vehicle. This illustrates law enforcement’s perception that Blackness equals criminality. Indeed, James finds it odd that he must ride in the back of Merk’s police car.

James then inquires, “Why you become a cop?” to which Merk claims that people “Lost respect for rule of law; lost respect for order.” Not believing Merk’s answer, James asks him for the real reason. Merk and James deeply dive into being a product of one’s environment—and it is here we learn that Merk was bullied.

The decal on the police cruiser reads: Courtesy, Professionalism and Respect. This is a signpost of how relations between law enforcement and Black Americans should/could be. While James believes that he has reached common ground with Merk, he is condescended to by Merk, who claps and says “Bravo!” Merk then reaches for his gun and shoots James in the back. This scene reveals no matter how polite Black Americans are with police, they still risk losing their life in some of the most mundane encounters. It also observes the shooting of Walter Lamar Scott, a 50-year-old man South Carolina police shot in the back.

Travon Free’s ‘Two Distant Strangers’ Explained – Ending

James lies dead in a puddle of blood that is shaped like the continent of Africa, which illustrates the genocide of African descendants in the United States. In the end, James awakens for the 100th time. Undeterred, James leaves Perri’s apartment to make yet another effort to get home.[6] And that’s All the Easter Eggs in ‘Two Distant Strangers’ You Missed.

If you enjoyed All the Easter Eggs in ‘Two Distant Strangers’ You Missed, please share, comment or subscribe.

References

[1] History.com Editors. (2020, July 15). Eric Garner dies in NYPD Chokehold. History. Retrieved February 4, 2023, from https://www.history.com/this-day-in-history/eric-garner-dies-nypd-chokehold

[2] SMF, & (Optional), N. (2019, August 2). “The way it is” by Bruce Hornsby and The Range. Song Meanings and Facts. Retrieved February 4, 2023, from https://www.songmeaningsandfacts.com/the-way-it-is-by-bruce-hornsby-and-the-range/

[3] Id.

[4] Canada, Q. (2022). Why America Must Knock the Habit of No-Knock Warrants. Jurist. Available at: https://www.jurist.org/features/2022/03/28/explainer-why-america-must-knock-the-habit-of-no-knock-warrants/

[5] ADL (n.d.). 1488. Anti-Defamation League. Available at: https://www.adl.org/resources/hate-symbol/1488

[6] Wikipedia. (n.d.).Two Distant Strangers. Wikipedia. Available at: https://en.wikipedia.org/wiki/Two_Distant_Strangers

Direct Provision Case Brief - Guerra v. Ireland
Direct Provision Briefs

Direct Provision Case Brief – Guerra v. Ireland

Feb 15, 2023 by Quianna Canada 0 Comments , ,

Direct Provision Case Brief – Guerra v. Ireland

Facts: Maria Guerra is a citizen of Barcelona, Spain. She is a feminist who engaged in several gender protests at Puerta del Sol square in 2021, where she carried a placard that read: “Male violence is also a pandemic.” In November 2021, three male law enforcement officers stopped Guerra while she was driving home. During the stop, they taunted Guerra for her activism. Guerra attempted to record the incident, but law enforcement officers yanked her out of the car. The law enforcement officers pinned Guerra to the pavement while each officer proceeded to sexually assault her.

Guerra fled to Ireland in 2022 and was transferred to the Baleseskin Reception Centre. While residing in Direct Provision, Guerra claims she suffered repeated acts of harassment by male asylum seekers. Guerra also claims her e-mail and website accounts were hacked into and that individuals used her real name to send false e-mails from her personal accounts. Although Guerra reported the incidents to numerous NGOs in Dublin, none took action. She also sent correspondence to the Department of Children, Equality, Disability, Integration and Youth, requesting a formal meeting. However, no action was taken. The conduct transpired over a year.

Issue: Whether Ireland’s conduct rises to the level of degrading treatment and lack of respect for private life.

Rule:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Article 8

“1. Everyone has the right to respect for his private and family life, his home and his correspondence.”

“2.  There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

Analysis of Direct Provision Case Brief – Guerra v. Ireland

Repatriation Efforts

Guerra believes her experience in direct provision is part of Ireland’s interdiction effort to drive her back to Spain. Guerra has come to this conclusion because she has launched several complaints to authority figures that has been disregarded. It is settled law that any repatriation through coercive means is a breach of Art. 33 of the Refugee Convention. Repatriation efforts, such as the repeated hacking into an applicant’s devices to intimidate and drive them back to their country, can violate Ireland’s positive obligations to protect the applicant against the real and immediate risk of forcible transfer to Spain.

Cybercrime

In Opuz v. Turkey, hacking was defined as:

“The use of technology to gain illegal or unauthorized access to systems or resources for the purpose of acquiring personal information, altering or modifying information, or slandering and denigrating the victim. It also takes the form of violating passwords and controlling computer functions.” “Surveillance/tracking was defined as the use of technology to monitor a victim’s activities and behaviors either in real-time or historically (such as GPS tracking, or tracking keystrokes in order to recreate the victim’s computer activity).” See Opuz, no. 33401/02, §§ 72-82, ECHR 2009.

When individuals use technology to gain illegal or unauthorised access to systems or resources for the purpose of altering or modifying information and denigrating the victim, the ECtHR is likely to find a breach. In the present case, Guerra has submitted extensive documentary evidence and screenshots of changed passwords, lost e-mails, and the tracking of her keystrokes in order to recreate her computer activity. The question that must be answered is whether this conduct violates the Convention.

Guerra alleges that a man, who she once dated, is involved in the improper interception of her personal files from her laptop and e-mails. She claims Ireland dismissed the connection between her activism in Spain, the harassment in Dublin that has not been adequately addressed by officials, and the failure to take into consideration the many forms of intimidation that she had encountered while awaiting a determination on her asylum application. In Buturugă v. Romania, a cybercrime case, the ECtHR found a violation of Article 3 and Article 8 of the Convention on account of the State’s failure to fulfil its positive obligations under those provisions as it relates to cyber-harassment.

Conclusion: The ECtHR could find Ireland in violation of Article 3 and 8 of the Convention on account of its coerced repatriation efforts, and its failure to fulfil its positive obligations under those provisions.

Guerra v. Ireland is part of a series of fictional cases based on true events that have occurred in Direct Provision

Direct Provision Case Brief - Gelashvili vs. Ireland
Direct Provision Briefs

Direct Provision Case Brief – Gelashvili vs. Ireland

Feb 11, 2023 by Quianna Canada 1 Comments , ,

Direct Provision Case Brief – Gelashvili vs. Ireland

Facts: Tamaz Gelashvili is a foreign national from Georgia. In 2016, Gelashvili went to the supermarket to buy some eggs and milk. On his way home, he witnessed an effeminate man being assaulted by a group of men. He recorded the incident on his iPhone and uploaded the footage to TikTok. The video went viral. Gelashvili soon learned the group of men were undercover police officers. Hours later, investigative police arrived at his door demanding Gelashvili turn over the footage. Gelashvili refused, as police officers did not display a warrant. The following month, Gelashvili received threatening phone calls from a variety of individuals calling him homophobic slurs. When Gelashvili reported the incident to the police, they laughed and did the same. A week later, Gelashvili was severely beaten on his way home.

In June 2016, Gelashvili filed asylum in the country of Ireland. The International Protection Accommodation Service transferred Gelashvili to the Baleseskin accommodation centre in August of 2016. In October, Gelashvili travelled back to Baleseskin from Dunne’s Supermarket and found a homophobic slur written boldly on his door. He reported the incident to management, who took no action. Days later, someone slid pornographic images of gay men under Gelashvili’s door, which implicated him in homosexuality. Other images included killings of homosexual men. Gelashvili found the images threatening. Gelashvili visited several asylum NGOs in Ireland and reported the incident. However, instead of investigating his concerns, they took no action.

Gelashvili vented to a Georgian man about his problem, one who never seemed to leave Balseskin. However, the older Georgian man accused Gelashvili of being homophobic. Gelashvili found this extremely odd. Through a confidential source, Gelashvili learned the older Georgian man was a diplomatic official behind each incident who had been sent to drive him back to Georgia.

Issue: Whether the treatment rises to the level of degrading treatment or punishment.

Rule: Article 3 of the Convention states “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Analysis of Direct Provision Case Brief – Gelashvili vs. Ireland

Gelashvili believes his experience in direct provision is part of Georgia’s interdiction effort to drive him back to Tbilisi. Countries within the EU, such as Ireland, often take interdiction efforts to drive asylum seekers back to their home country. The EU has been especially active in establishing shared interdiction arrangements with Eastern European states to combat “irregular” migration by the establishment or intensification of exit control.[1] Countries may also engage in interdiction from within the territory of a cooperating state.[2] Indeed, ejections are often carried out by non-state actors with the encouragement or toleration of authorities.[3] When Liberian and Sierra Leonean refugees fled to Guinea in late 2000, President Lansana Conté encouraged citizens to form militia groups to coerce refugees to “go home.”[4]

Nonetheless, any repatriation through coercive means is a breach of Art. 33 of the Refugee Convention. In MSS v. Belgium and Greece[5], the Belgian authorities engaged in coercive repatriation efforts to force the applicant back to Greece, where he lived in permanent fear of being attacked and robbed. He also submitted that his vulnerability and psychological deprivation in the State amounted to inhuman or degrading treatment or punishment,[6] and the ECtHR agreed.

Contracting Parties have an obligation under Article 1 of the Convention, to secure to everyone within their jurisdiction the rights and freedoms defined in the Convention. See Kasymakhunov v. Russia, where the ECtHR stated this obligation includes taking measures to ensure that individuals within their jurisdiction are not subjected to torture or inhuman or degrading treatment, including such ill treatment administered by private individuals.[7] In Kasymakhunov, the ECtHR held that the Russian authorities repatriation efforts violated its positive obligation to protect the applicant against the real and immediate risk of forcible transfer to Uzbekistan, including ill-treatment in the State.[8]

Conclusion: The ECtHR could find Ireland in violation of Article 3 of the Convention on account of its coerced repatriation efforts, and its failure to protect Gelashvili against a real and imminent risk of ill-treatment in Georgia.

References

[1] Hathaway, J.C. (2021). The Right to Enter and Remain in an Asylum State. The Rights of Refugees under International Law. Cambridge University Press. p. 320.

[2] Id., p. 321.

[3] Id., p. 325.

[4] Id.

[5] MSS v. Belgium and Greece, Dec. No. 30696/09 (ECtHR, Jan. 21, 2011), at paras. 238-239

[6] Id.

[7] Kasymakhunov v. Russia, Dec. No. 29604/12 (ECtHR, Nov. 14, 2013), at para. 134.

[8] Id., paras. 137-141.

Florida PD Throws Black Activist in Psychiatric Facility After She Made Complaint to Bank
Women & the Law

Florida PD Throws Black Activist in Psychiatric Facility After She Made Complaint to Bank

Feb 9, 2023 by Quianna Canada 0 Comments , ,

Florida PD throws Black activist in psychiatric facility after she made complaint to the bank her deposit was missing from her account.

Linda Stephens is a community activist and retired educator for Polk County Schools. Stephens asserts there were more than eight cameras when she deposited $600.00 into the ATM at Mid-Florida Credit Union in Bartow on April 13th, 2021. She spoke to several branch officials and showed them her receipt. Stephens also displayed her receipt to another bank official who informed her the funds would be visible in her account within 3 to 4 hours.

However, Mid-Florida never deposited the funds into her account. This discrepancy led to a dispute between Mid-Florida and Stephens. Following the dispute, a technician informed Mid-Florida that Stephens did make a deposit.

The following details of this story are a bit vague, but it appears two Florida PDs arrived on scene. Stephens asserts one officer stepped into the office and had his hand on his firearm, where he said, “I thought I heard her say ‘I have a gun and I’m going to shoot you.'”

None of the banking officials stood up for Stephens, leaving her alone to speak up for herself. Stephens further assert the Officer was intimidating her with his firearm, causing her to feel threatened. Out of fear of being shot, Stephens declared she never owned or shot a firearm, to which the Officer responded, “If you say to word gun, one more time, I’m going to arrest you.” Attempting to stand her ground, Stephens said: “gun.”

The Officer arrested Stephens, where he ejected her from the car and forced her into the booking station. There, Officers placed Stephens in a psychiatric holding facility, where they made claims against her for being psychotic and “suicidal,” which Stephens firmly disputes.

Florida PD Throws Black Activist in Psychiatric Facility After She Made Complaint to Bank. Have There Been Other Incidents?

As Stephens asserts, the ATM machine was equipped with a camera, which recorded the deposit. However, there are many instances were psychiatric abuse happens without the camera rolling.

Ryan C.W. Hall and Richard C.W. Hall also state psychiatric abuse may consist of an intentional misdiagnosis to discredit an individual, imprison them or, to cause their unemployment and loss of specific rights. An intentional misdiagnosis may also be to protect others (i.e., individuals in power). This quote appeared in Chapter 9 of Principles and Practice of Forensic Psychiatry (2017, p. 846). Indeed, Jonathan M. Metzl calls this psychiatry abuse “protest psychosis.” In The Protest Psychosis: How Schizophrenia Became a Black Disease (2011), Metzl draws a connection between the discriminatory perceptions of schizophrenia as a disease prone to Black people, and the continued pathologisation of them within systems that relies on language that has been shown to oppress.

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