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[expatimes]

Kashmiri man demanding son’s body charged under anti-terror law | Conflict News

Srinagar, Indian-administered Kashmir – The family members of a teenage boy in Indian-administered Kashmir, killed in an alleged gunfight, have been charged under an stringent anti-terror law for holding a demonstration in the village “demanding the return of his body”.

Ather Mushtaq, 16, from Bellow village in Pulwama, was among three men killed by Indian security forces on December 30 last year during what police described as a gunfight after the men refused to surrender on the outskirts of the main city of Srinagar.

Police said the men – 22-year-old Aijaz Ganai and Zubair Lone, 25, being the other two – were “hardcore associates of terrorists” opposed to Indian rule.

But Ather’s father Mushtaq Ahmed Wani says his son’s killing was a cold-blooded “fake encounter”, a popular term used to explain extrajudicial killings by the security forces.

The local administration refused to return the bodies of the three men to their families and buried them at a remote graveyard about 115 kilometres (70 miles) away in Sonmarg.

Under a policy started in April last year, authorities in Indian-administered Kashmir have buried more than 100 alleged rebels in unmarked graves, denying their families proper funerals and adding to widespread anti-India anger in the region.

Relatives of suspected rebels killed by government forces visit a graveyard in Sonmarg, a remote mountainous resort in Indian-administered Kashmir

‘World must see this oppression’

Wani on Monday told Al Jazeera he, along with his two brothers, three other relatives and the imam of a local mosque, “have been booked for demanding the body of his son” under the Unlawful Activities (Prevention) Act or UAPA.

“On Friday , I along with others raised slogans in front of police officials near the village mosque after prayers. I was just demanding the body of my son who was killed in a fake encounter. It was all a peaceful appeal to ask for my son’s body,” he told Al Jazeera.

“If the police does this to a mourning father who just wants his son’s grave near his home, the world must see this oppression.”

Wani said they came to know about the UAPA case after some village elders were called to the police station and the imam was detained.

“Let the police impose all its oppression on me for demanding my son’s body. I will continue to ask for it even if it means standing alone till I am alive,” he said.

A senior police official confirmed to Al Jazeera that “seven people have been booked under UAPA” including the boy’s father.

A police document, accessed by Al Jazeera, says on February 5, 2021, the Rajpora police station received information “through reliable sources” that after offering Friday prayers at a mosque in Bellow village, a “violent” mob congregated.

“The mob was led by seven people to obstruct the main road and were raising anti-national slogans against the integrity of the nation,” says the document.

“The said persons are organising such illegal processions under criminal conspiracy and are abetting anti-national elements,” it says, adding that an investigation is going on.

Empty grave

Last month, Wani dug a grave for his teenage son at his village, “as a mark of protest”, demanding that his body be exhumed and returned for burial at his ancestral graveyard.

The grave remains empty.

Since the killing on December 30, Wani’s family has held multiple demonstrations to press the government for the return of Ather’s body.

He was supposed to appear for his school examinations the next day, his family said.

Zarqa Mushtaq, (centre), shows the 11th grade examination slip of her 16 -year old brother Ather Mushtaq on her mobile phone

Mehbooba Mufti, the former chief minister of the Muslim-majority region, expressed her outrage over the UAPA case on Twitter.

“After losing his son in an alleged fake encounter, Athar Mushtaq’s father has been slapped with an FIR for demanding his body. His crime was to stage a peaceful protest,” she posted.

“The inhabitants of Naya and have been reduced to living corpses.”

In August 2019, India revoked Kashmir’s partial autonomy, imposed crippling security lockdowns and communication blackouts on the territory and arrested thousands of people.

Since then, India’s right-wing government has introduced new laws and policies that critics say are part of a plan to populate the region with Indian settlers.

Legal experts in the region said the UAPA was being misused against the Kashmiris.

“This is yet another instance of the misuse of UAPA. Actually, they are not flouting the law, they are using this law for the exact purpose for which this is meant to be which is to create fear among the masses,” lawyer Habeel Iqbal told Al Jazeera.

The UAPA was amended in 2019 to allow the government to designate an individual as a “terrorist”.

Under the law, police can detain a person for six months without producing any evidence, and the accused can subsequently be imprisoned for up to seven years – provisions that rights groups call “draconian”.

Kashmir is divided between India and Pakistan, but claimed in its entirety by the nuclear-armed neighbours who have fought two of their three wars over the Himalayan region.

Since the formation of the two nations in 1947, India has relied on its military to retain control over the portion of Kashmir it administers.

Tens of thousands of civilians, rebels and government forces have been killed in the region since an armed uprising against the Indian rule began in 1989.

Read full article: https://expatimes.com/?p=17909&feed_id=32917

[sinrau]

UPDATE (7:46 p.m. PT) — In the early hours of July 15, after a night spent protesting at the Multnomah County Justice Center and Mark O. Hatfield Federal Courthouse, Mark Pettibone and his friend Conner O’Shea decided to head home.

It had been a calm night compared to most protesting downtown. By 2 a.m. law enforcement hadn’t used any tear gas and, with only a few exceptions, both the Portland Police Bureau and federal law enforcement officers had stayed out of sight.

A block west of Chapman Square, Pettibone and O’Shea bumped into a group of people who warned them that people in camouflage were driving around the area in unmarked minivans grabbing people off the street.

“So that was terrifying to hear,” Pettibone said.

They had barely made it half a block when an unmarked minivan pulled up in front of them.

“I see guys in camo,” O’Shea said. “Four or five of them pop out, open the door and it was just like, ‘Oh shit. I don’t know who you are or what you want with us.’”

Federal law enforcement officers have been using unmarked vehicles to drive around downtown Portland and detain protesters since at least July 14. Personal accounts and multiple videos posted online show the officers driving up to people, detaining individuals with no explanation of why they are being arrested, and driving off.

The tactic appears to be another escalation in federal force deployed on Portland city streets, as federal officials and President Donald Trump have said they plan to “quell” nightly protests outside the federal courthouse and Multnomah County Justice Center that have lasted for more than six weeks.

Federal officers have charged at least 13 people with crimes related to the protests so far, while others have been arrested and released, including Pettibone. They also left one demonstrator hospitalized with skull fractures after shooting him in the face with so-called “less lethal” munitions July 11.

Officers from the U.S. Marshals Special Operations Group and Customs and Border Protection’s BORTAC, have been sent to Portland to protect federal property during the recent protests against racism and police brutality.

But interviews conducted by OPB show officers are also detaining people on Portland streets who aren’t near federal property, nor is it clear that all of the people being arrested have engaged in criminal activity. Demonstrators like O’Shea and Pettibone said they think they were targeted by federal officers for simply wearing black clothing in the area of the demonstration.

O’Shea said he ran when he saw people wearing camouflage jump out of an unmarked vehicle. He said he hid when a second unmarked van pursued him.

Video shot by O’Shea and provided to OPB shows a dark screen as O’Shea narrates the scene. Metadata from the video confirms the time and place of the protesters’ account.

“Feds are driving around, grabbing people off the streets,” O’Shea said on the video. “I didn’t do anything fucking wrong. I’m recording this. I had to let somebody know that this is what happens.”

Pettibone did not escape the federal officers.

“I am basically tossed into the van,” Pettibone said. “And I had my beanie pulled over my face so I couldn’t see and they held my hands over my head.”

Pettibone and O’Shea both said they couldn’t think of anything they might have done to end up targeted by law enforcement. They attend protests regularly but they said they aren’t “instigators.” They don’t spray paint buildings, shine laser pointers at officers or do anything else other than attend protests, which law enforcement have regularly deemed “unlawful assemblies.”

Blinded by his hat, in an unmarked minivan full of armed people dressed in camouflage and body armor who hadn’t identified themselves, Pettibone said he was driven around downtown before being unloaded inside a building. He wouldn’t learn until after his release that he had been inside the federal courthouse.

“It was basically a process of facing many walls and corners as they patted me down and took my picture and rummaged through my belongings,” Pettibone said. “One of them said, ‘This is a whole lot of nothing.’”

Pettibone said he was put into a cell. Soon after, two officers came in to read him his Miranda rights. They didn’t tell him why he was being arrested. He said they asked him if he wanted to waive his rights and answer some questions, but Pettibone declined and said he wanted a lawyer. The interview was terminated, and about 90 minutes later he was released. He said he did not receive any paperwork, citation or record of his arrest.

“I just happened to be wearing black on a sidewalk in downtown Portland at the time,” Pettibone said. “And that apparently is grounds for detaining me.”

In a statement, the U.S. Marshals Service declined to comment on the practice of using unmarked vehicles, but said their officers had not arrested Pettibone.

“All United States Marshals Service arrestees have public records of arrest documenting their charges. Our agency did not arrest or detain Mark James Pettibone.”

OPB sent DHS an extensive list of questions about Pettibone’s arrest including: What is the legal justification for making arrests away from federal property? What is the legal justification for searching people who are not participating in criminal activity? Why are federal officers using civilian vehicles and taking people away in them? Are the arrests federal officers make legal under the constitution? If so, how?

After 7 p.m. Thursday, a DHS spokesperson responded, on background, that they could confirm Acting Secretary of Homeland Security Chad Wolf was in Portland during the day. The spokesperson didn’t acknowledge the remaining questions.

“It’s like stop and frisk meets Guantanamo Bay,” said attorney Juan Chavez, director of the civil rights project at the Oregon Justice Resource Center.

Chavez has worked on litigation surrounding the weeks of protests and helped lead efforts to curb local police from using tear gas and munitions on protesters. He called the arrest by federal officers “terrifying.”

“You have laws regarding probable cause that can lead to arrests,” he said. “It sounds more like abduction. It sounds like they’re kidnapping people off the streets.”

Ashlee Albies, a civil rights attorney with the National Lawyers Guild, said Pettibone’s detention is an example of intimidation by federal law enforcement, and noted that people have a First Amendment right to demonstrate. She also said law enforcement officials have to follow procedures when they detain someone.

“I would be surprised to see that pulling up in an unmarked van, grabbing people off the street is an acceptable policy for a criminal investigation,” Albines said.

In a letter released Thursday, Wolf said, “Portland has been under siege for 47 straight days by a violent mob while local political leaders refuse to restore order to protect their city.”

“A federal courthouse is a symbol of justice,” Wolf wrote, denigrating protests against racism in the United States’ criminal justice system as an angry mob. “To attack it is to attack America.”

KOIN was first to report Thursday that Wolf was visiting Portland to view damage to the federal courthouse.

This week, Trump has repeatedly spoken out about what he calls lawlessness in the city. He praised the role of federal law enforcement officers in Portland and alluded to increasing their presence in cities nationwide. Speaking to Fox News on Thursday, Acting U.S. Customs and Border Protection Commissioner Mark Morgan called the protesters criminals.

“I don’t want to get ahead of the president and his announcement,” Morgan said, “but the Department of Justice is going to be involved in this, DHS is going to be involved in this; and we’re really going to take a stand across the board. And we’re going to do what needs to be done to protect the men and women of this country.”

Early Thursday morning, Portland police tried a new approach to stop the protests. Officers cleared Lownsdale and Chapman Squares, including Riot Ribs, a barbecue stand that had been cooking free food since July 4. The city said it was closing the parks for maintenance. By early afternoon, fences had been installed around both parks.

Police arrested nine people during the closure, including three of the people who ran Riot Ribs. They face a variety of charges, including trespassing and disorderly conduct.

Mayor Ted Wheeler’s office declined to offer comment on the latest events involving federal officers, but reiterated a statement from earlier in the week, saying federal officers should be restricted to guarding federal property.

“We do not need or want their help,” Wheeler said. “The best thing they can do is stay inside their building, or leave Portland altogether.”

Oregon Democratic Sen. Jeff Merkely said if Wolf is coming to inflame the situation in Portland so the President can “look tough,” the acting DHS leader should leave.

“Federal forces shot an unarmed protester in the face,” Merkely said in a tweet. “These shadowy forces have been escalating, not preventing, violence.”

Oregon Gov. Kate Brown similarly called for federal law enforcement officers to leave Portland. She added, Wolf is on a “mission to provoke confrontation for political purposes.”

“This political theater from President Trump has nothing to do with public safety,” Brown said in a statement. “The President is failing to lead this nation. Now he is deploying federal officers to patrol the streets of Portland in a blatant abuse of power by the federal government.”

Federal Law Enforcement Use Unmarked Vehicles To Grab Protesters Off Portland Streets #web #website #copied #toread #highlight #link #news #read #blog #wordpresspost #posts #breaking news# #Sinrau #Nothiah #Sinrau29 #read #wordpress

[dwiresource872-blog]

What You Need to Know Regarding DUI Classes

DUI Classes Near Me

Specific habits like speeding, interweaving outside the lane, unlawful about-faces, and also a selection of different visitor traffic offenses, if dedicated in the policemans presence, may lead to a visitor traffic deter. At times, even habits that may certainly not be characterized as a visitor traffic crime can easily lead to a DUI quit when combined with the officer's instruction and also take in.

Typically, once you are actually pulled over, the 1st indication that will definitely give the policeman factor to think you are actually intoxicated are going to be actually the scent of liquor. If that appears, the police officer will certainly likewise look for things like blood chance eyes, lack of ability to comply with instructions, flushed face, and also mute or slurred pep talk.

If a vehicle driver is actually thought of DUI, the police policeman may request that the driver execute a set of Area Sobriety Exams (FSTs). Area Sobriety Tests for DUI in Virginia are voluntary, which suggests that a vehicle driver may refuse to execute them. However, keep in mind that the Virginia Supreme Court recently pointed out that a refusal to accomplish range sobriety exams can be actually considered through the court as awareness of shame. The objectives of these exams are actually to enable the policeman to examine regardless if the motorist is actually intoxicated. If, located on these examinations, and various other aspects the policeman experiences he possesses possible source he or even she will detain you.

Area Sobriety Testing in Virginia are certainly not standardized. This places the police officers in Fairfax cost-free to perform exams that he or even she fits along with to make sure that he or even she may figure out if you are intoxicated. Popular industry sobriety examinations in Fairfax are the 9-step stroll as well as turn, alphabet, adding up, one-legged position, hands to nostrils, and the Horizontal Look Nystagmus exam (HGN).

9-step stroll and also turn: The chauffeur is coached to walk nine strides, heel to foot, on an imaginary or genuine line, pivot or even transform in a way proscribed through the policeman, and also stroll nine steps back, heel to foot. Alphabet: The chauffeur is taught to state the alphabet fully or coming from one certain letter to yet another (including D to O) without vocal singing.

1-Legged Stand up: The motorist is coached to stand on one leg with the contrary foot elevated six ins off the ground while the driver counts out loud for 30 few seconds through one thousandths. Finger to Nose: The driver is actually coached to host his arms out analogue along with the ground, tilt his head back, and told to touch the recommendation of his nose with the pointer of his forefinger. HGN: The chauffeur is actually advised to track a pen or even various other stimulation as it is moved from one edge of their skin to the various other. This examination is designed to evaluate the uncontrolled activity of the vehicle driver's eyes.

Failure To Complete DUI Classes Arizona

Whenever an authorities office feels a driver of being actually intoxicated, he or even she are going to frequently ask the chauffeur to take a PBT (initial breath examination), often upon the fulfillment of Field sobriety exams. These results can not not be used against a vehicle driver in a prosecutor (sense of guilt or innocence). The PBT can easily utilized by the prosecutor to develop potential cause to arrest. The end results of the PBT may only be actually presented for the minimal function of justifying the detention at a pre-trial hearing in Fairfax.

Testing the PBT in Fairfax is carried out by very closely inspecting the precautions provided you prior to its administration, is it an approved gadget, was it not used according to the instructions, and whether or certainly not it had actually been actually correctly adjusted. If a weakness is actually found in some of these locations, the police officer may certainly not be actually able to indicate in order to the units lead and might trigger you succeeding a suppression motion.

Anyone working a motor lorry on a in Virginia has impliedly said yes (actually conceded) to take the breathing spell alcoholic drinks examination with the Intoximeter EC/IR II. In Fairfax, the arresting policeman is going to ask you if you wish to take the test just before supplying it. If you are indecisive or refuse, the policeman is actually called for to review you the outcomes of refusal. If you reject after being suggested of the implied consent legislation as well as the effects of rejecting the breathing spell exam, you may be billed along with a 2nd offense entitled rejection. If the breath test is unavailable or you are physically incapable to take the breathing spell examination, an officer in Fairfax should take you to acquire a blood stream examination to discover as well as exact size of liquor or even medications in the vehicle driver's system.

DUI Classes How Long

A silly refusal cost will certainly result, if you are actually condemned, in an automatic revocation of your advantage to steer for twelve month in Virginia. If you are actually sentenced of a refusal fee, you will certainly NOT be actually eligible for a restricted certificate. A first offense is public; not unlawful. If you possess a prior rejection outburst or a prior DUI, the permit revocation is longer as well as it becomes a criminal charge. Consider that the suspension carries out certainly not take impact till you are found bad of the outburst. Virginia's signified approval law does not administer if you were steering a vehicle on personal property in Fairfax. In these circumstances, you possess certainly not already conceded to taking the breathing spell exam or even blood exam and also the choice to accomplish therefore is actually fully volunteer. Nonetheless, the end results of the exam will still be actually permissible versus you to make an effort and prove the instance versus you in Fairfax.

Currently in operation in Fairfax is the Intoximeter EC/IR II. This is actually the machine that you took your examination on back at the police office or the jail (ADC). These machines are often assessed and also need to be adjusted every six months. When correctly preserved as well as utilized the right way, the Intoximeter EC/IR 2 may properly identify a chauffeur's blood alcohol content (or BAC) at the time the exam is offered. This unit can additionally produce many blunders. The Intoximeter EC/IR II might read chemicals aside from booze and also carries out not have buffers that avoid higher BAC analyses because of belly as well as esophageal health problems. If it is actually not sustained or even adjusted appropriately, its own precision can easily likewise be actually cast doubt on. Lots of other intricate concerns can easily emerge that can get in touch with the precision of the gadget into question in Fairfax. What is actually essential is that you have a legal representative that recognizes these concerns as well as operates to bring them to the forefront.

Polices in Fairfax possess the discretion, if they believe that you are actually under the bundled influence of medicines and booze or the breathing spell test gadget is inaccessible, to take you to have an example of your blood stream taken rather than performing a breathing spell examination. Implied authorization applies in these scenarios also as well as the repercussions are actually the very same for declining the Reclaim U Counseling test. Blood stream examinations must be given as provided for in the regulation of Virginia and also lot of times there are problems associating to the blood stream draw that could create the results to be actually exceptionable. Testing a DUI in Fairfax is feasible and also the judgment of conviction is actually not brewing. Despite having a correctly applied respiration or even blood examination causing a valid analysis, there are actually still many obstacles that may be actually given succeed your DUI in Fairfax. The anticipation of innocence stays with you throughout the process as well as Fairfax courts will find you blameless up until the authorities verifies their case past an affordable doubt. Fairfax DUI legal professionals succeed DUI claims in Fairfax courts daily. Employing an experienced DUI lawyer who recognizes just how to effectively test all components of your DUI suit is crucial to staying clear of a judgment of conviction.

DUI Classes Hours

Sometimes, using the help of a professional toxicologist to convince the courthouse that the Blood stream Alcohol Information that was determined does not effectively reflect the amount of alcoholic drinks in the driver's device back then he or she was steering, may be essential.

You can not assume you are heading to be actually condemned, drop your certificate and also head to prison. The justice system in Fairfax should be actually utilized to your perk and also weak points in the government's instance could be recognized to accomplish a beneficial end result at trial. Making use of those weak spots coupled along with effective factual as well as lawful debates, you may effectively defend a Fairfax DUI charge. Sometimes district attorneys may be enticed to lessen the penalties or even prison attend a specific scenario. In limited situations they can easily even be persuaded to lower the credit one thing apart from Careless Driving. Nonetheless, when agreements break down, you need to be readied to visit litigation as well as deal with the scenario.

[dwifacts432-blog]

What Are actually The Charges For Numerous DUI Sentences

Does Arizona Accept Online DUI Classes

I am a Seattle unlawful lawyer and Seattle DUI legal representative. This indicates, amongst various other points, that I have a considerable amount of close friends, associates, as well as folks I've merely gotten to know ask me all kind of different inquiries about DUI regulations, just how to beat a DUI, as well as what to perform in certain scenarios if dealt with through the police while steering. The various other time, I was the one that heard a story concerning an investigation meet that strengthened what I would certainly been actually informing everybody - prep work and also expertise are actually the secrets to an excellent result.

The account started at an imagination regulation football draught I was actually going to along with a bunch of pals. Some of the buddies, who understands what I create for a living, began asking me some questions concerning a Seattle DUI lawsuit he possessed lately. He didn't employ me during the time (I was actually still doing work in Kansas as an illegal defense lawyer), and also picked somebody on a listing his provider possesses that provides prepaid lawful services. Obviously this fella's lawyer was actually a little bit of lower than inspired to provide my colleague the 5 star procedure.

Also though my buddy possessed crystal clear premises to get the breath examination rejected of documentation, was actually drawn over for complying with too near to the auto before him in downtown Seattle at an active time of night (i.e. the web traffic was actually bumper to bumper - it was difficult to follow to close when website traffic wasn't relocating), and he showed nothing else serious signs of intoxication, the greatest the defense lawyer could perform, and what he recommended my pal to take, was a stipulated purchase of continuance down to an irresponsible driving very first degree charge after a year of no infractions and also adhering to some other ailments.

This hearing was booked for a time my colleague was out of the state, so the DUI legal representative stated he will handle it on his very own. When my pal got back, the lawyer failed to inform him everything, and also my friend kept on residing lifestyle like it was actually no trouble. The court put him for DUI and also today he's received to perform a time in prison!

Court Ordered DUI Classes In Tempe AZ

He expressed a story regarding receiving pulled over one night in Seat as well as being actually examined for DUI. When the police asked my friend to perform area soberness exams, he declined. The polices thought they possessed enough so they jailed my pal for DUI and also took him down to the station for a breathing spell test.

As I have actually claimed in the past, at minimum in Washington state, when you are actually jailed for DUI as well as asked to take a breath examination, you have the possibility to talk along with an attorney just before you decide whether or even certainly not to take the examination. They spoke concerning a whole number of things, featuring whether or even not my pal must take a Seattle breathing spell exam.

Eventually, he decided to take. As well as suppose what he blew;.01. That's right, effectively listed below the legal restriction. As well as since he really did Reclaim U Counseling not take some of the other exams or make some other statements, the polices possessed no reason or even likely source to detain him as well as demand him along with a non-breath test DUI. So they took him wiggle out to his automobile as well as allow him drive home!

Does Arizona Accept Online DUI Classes

Right now, I'm not mentioning if you follow the rules and exercise your civil liberties you will be able to beat a DUI, in Seat or even anywhere else. It is actually about limiting the information the polices possess against you, limiting the evidence the prosecutor possesses to convict you, as well as giving yourself the finest opportunity to offer your ideal scenario if you are actually demanded along with DUI.

[kacydeneen]

One Immigration System, Two Outcomes for Cuban Couple Seeking Asylum

A caress and a kiss.

That’s all Angela Mairielys Lazo Torres had time for before guards escorted her from her husband’s hospital room after less than a minute. It had been seven months since she last traveled to Louisiana to see José Antonio Hernández Viera, 40, in detention, and she wasn’t even given the time to tell him, “I love you.”

“They didn’t let me see him," Lazo Torres, 36, said of the brief interaction. "They didn’t let me speak to him. They didn’t let me do anything."

That was on Wednesday, June 19. Then, radio silence for the next two days. When she and an outreach paralegal from the Southern Poverty Law Center returned to Acadia General Hospital in Louisiana on Thursday, they were told Hernández Viera no longer appeared in the system. Attorneys contacted the hospital and an assistant warden at Pine Prairie ICE Processing Center, but no one gave them any information about his condition after hip replacement surgery.

“I didn’t know how he was, or where he was, or what was happening to him,” Lazo Torres said.

On Friday, Hernández Viera was transported back to Pine Prairie in handcuffs and chains, he said, his body pushed and jostled into a vehicle with no wheelchair ramp. As he lay across the seat during the roughly hour-long drive, his head painfully bumped into plastic on one of the doors. He was then whisked back to the hospital for more drugs, only to return to Pine Prairie in the early hours of the morning, he and his lawyer said.

Around 3 a.m. Saturday, June 22, Hernández Viera was finally allowed to call Lazo Torres.

“I told my wife that I felt so bad, in such a bad condition, that I wouldn’t live,” he told NBC.

His suffering was nowhere near over, according to his account. Back at Pine Prairie, he was left in his wheelchair overnight, he said, from 3 a.m. until around 9 a.m. And during the days after his surgery, he tried not to eat much because he feared if he had to use the toilet, no one would help him.

He was treated like an animal, he felt — ”like a person without rights, totally helpless.”

U.S. Immigration and Customs Enforcement spokesperson Bryan Cox told NBC that ICE could not give specifics about the medical treatment of a particular detainee without his or her written consent, but added that “ICE is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care.”

Hernández Viera is an asylum seeker from Cuba, where he faced economic and political persecution because of his family’s opposition to the Castro government. He says he was detained multiple times there and beaten in front of his family once. He has never been convicted of a crime, according to attorneys from the SPLC, and ICE in a document from December did not designate him as a security risk.

“These are not people who should be looked at as demons,” said Martin High, a Southeast Immigrant Freedom Initiative volunteer attorney. “They’re just regular people that have been in a really bad situation that has nothing to do with their choices in life.”

In May 2018, Hernández Viera applied for admission into the United States in Hidalgo, Texas, at a port of entry— as asylum seekers are supposed to do. During his credible fear interview the following month, a first hurdle in the asylum process, the interviewer checked boxes indicating that he had established a credible fear of persecution based on his "political opinion."

More than a year later, he is still in a facility run by the Florida-based detention company GEO Group — despite the fact that asylum seekers who establish a credible fear are supposed to be eligible for parole, where they await their immigration hearings outside detention. He has a sponsor. Both his wife and 3-year-old daughter are waiting for him. Instead, he is being held in Louisiana, where a hip problem that was once manageable quickly deteriorated so that he could not even walk.

Now, he is staring down deportation. ICE says he is unlawfully present and "received all appropriate legal process" before being ordered removed in December and denied an appeal in May. 

Two weeks after surgery, he was not granted a stay of removal, which means he could be deported any day and his wife believes this is imminent.

“I think, if he were returned to Cuba right now,” said High, “I think he’d be headed to prison right away and he’d never get out.”

Hernández Viera has two chances to remain stateside: a petition for review in the fifth circuit court of appeals, where he is represented by High, and a habeas petition. Petitions for review are usually tough to win, said High.

Which leaves the petition for a writ of habeas corpus claiming that his detention is unlawful. Ironically, one of Hernández Viera’s last chances to stay with his family hinges on the facts of the hellish treatment he says he has lived through since surgery left him at the discretion of ICE’s care.

STUCK Lazo Torres has the same asylum claim as her husband. But though they say they were persecuted together in their home country, America’s immigration system has treated them differently.

She came to the U.S. with her two daughters in February 2018, while her husband lagged behind. When she and the girls arrived here, they were held for 20 days at a family detention center in Texas and then released, she said.

She is now applying for a green card based on a provision in the Cuban Adjustment Act that says Cubans who have lived in the U.S. for at least a year can become lawful permanent residents. Meanwhile, he is detained “pending removal” to Cuba, according to ICE. 

During a recent call with Hernández Viera, Lazo Torres said their 3-year-old daughter “started to cry because she wanted to see him.”

“She asks for him every day,” Lazo Torres said.

In November, after six months in custody, the SPLC submitted a parole request for Hernández Viera (he had previously been denied parole). Attorney Laura Rivera wrote how Hernández Viera’s 7-year-old daughter in Cuba had an often terminal strain of cancer, and how Hernández Viera would be more able to actively communicate with her and help to support her from outside of detention. She also mentioned his toddler in the U.S., who had begun to suffer from asthma and bronchitis that her physician said was due to the “emotional distress from not having her father around.”

Hernández Viera would not begin to accrue time in the U.S. until he was released from detention. To be able to apply for a green card like his wife, he had to be granted parole.

In December, Hernández Viera represented himself in his asylum hearing. It can be difficult to access counsel while detained, especially in more remote facilities such as Pine Prairie, and migrants are not guaranteed representation in civil cases. The judge in his case, who had a recent 83.8% asylum denial rate, compared to 65% nationwide in 2018, ruled that he had not met the burden of proof to establish that he would be persecuted or tortured if he returned to Cuba. Then, ICE denied his parole request — not because he was a flight risk or a danger to the community, but because he had been ordered removed. That meant he was confined at Pine Prairie during his appeal, which was denied months later.

“They’re owners of him and they’re not going to let him leave for any reason,” said Lazo Torres.

Hernández Viera’s experience coincides with other detainees under the purview of the New Orleans ICE field office, which in 2018 approved fewer than 2% of parole requests. “It’s awesome power to deprive people of their physical liberty,” Rivera said, adding that who gets out and who stays in is “arbitrary.”

“I think that Jose Antonio’s mistreatment and prolonged detention is just an extreme example of what happens to immigrants in ICE custody day in, day out,” she said. 

‘UNBEARABLE PAIN’ In Cuba, Hernández Viera had hip problems, but he could still walk. 

Then, he came to the U.S. and was detained by ICE.

Hernández Viera wrote on a GEO Group request for health services dated to January: “I would like to know what they are going to do with me as I can no longer tolerate the pain in my hip and they don’t attend to me. Please I need an answer. Thank you.”

A month later, he again requested health services: “I have problems with the medicine that they’re giving me, it gives me nausea and drowsiness...”

And in March, he wrote this: “I have an unbearable pain, every time that I go to the doctor or the attorney visits me when I get there the pain is stronger… Moreover, I can no longer take the medicine that relieves me some.”

Progress notes from March indicate that Hernández Viera was diagnosed with severe osteoarthritis in his left hip and that he was already waiting for surgery, which would not be performed for three more months. In the meantime, he was doled out a cocktail of drugs — including opioids — that discombobulated him so much he had to clutch the walls to walk.

When asked about Hernández Viera's medical treatment, GEO Group Executive Vice President Pablo E. Paez referred questions to ICE. 

Finally, doctors scheduled Hernández Viera’s surgery for June 19. 

Lazo Torres flew to Louisiana from Tampa, Florida, for the surgery, but she was not allowed to see her husband. The outreach paralegal who went with her, Jaclyn Cole, was also denied access to Hernández Viera at the hospital, even though she needed for him to sign urgent documents.

On June 21, attorneys from the SPLC received a letter from an associate general counsel for the Lafayette General Health System, which includes Acadia General Hospital. The letter claimed that the hospital had been told Hernández Viera was a security risk and could not have any visitors, including counsel. It noted that two guards were posted to his room, and that the hospital had been told not to share any information about him.

“Our hospital is in the middle of an issue between SPLC and ICE. In this situation, we must defer to law enforcement while Mr. Viera is in our hospital for the safety of Mr. Viera, the other patients, our staff and the ICE officers,” the associate general counsel wrote. 

Once Hernández Viera returned to Pine Prairie, the compression socks that were meant to keep him from getting blood clots were taken from him for days, said CJ Sandley, one of the attorneys working on his habeas petition. Both Sandley and Lazo Torres said Hernández Viera has gone for physical therapy only once since his surgery. There are no grab bars for toilets and showers to keep him from further injury, Sandley said, and she heard reports that there were bugs in his infirmary cell.

Dr. Allen Keller, an associate professor of medicine at the New York University School of Medicine and director of the Bellevue/NYU Program for Survivors of Torture, said Hernández Viera is suffering from post-traumatic stress and depression as a result of trauma in Cuba and prolonged detention in the U.S. After visiting Pine Prairie, he is concerned Hernández Viera is not getting adequate physical therapy and said immigrant detention does not lend itself to recovery from hip surgery.

“This is a real important window right now, these next few weeks following the surgery,” Keller said. “In my professional opinion, it’s essential to his physical and mental well-being that he be released immediately.”

It’s these conditions on which Hernández Viera’s second legal option, the habeas petition, relies. His attorneys are arguing that he should be released from custody or provided adequate medical care at Pine Prairie. Otherwise, they have reason to fear that deportation could be imminent. On Friday in the early morning, Lazo Torres said she heard her husband was removed from detention and being sent back to Cuba; attorneys could not immediately confirm that. 

“Sending him back to Cuba,” said Keller, “especially as he is recovering from hip replacement, could be the equivalent of a death sentence.”

Photo Credit: Courtesy of the SPLC This story uses functionality that may not work in our app. Click here to open the story in your web browser. One Immigration System, Two Outcomes for Cuban Couple Seeking Asylum published first on Miami News

[aaronblacklawoffice]

Phantom Sobriety checkpoints in Phoenix, AZ

In their arsenal to arrest drunk drivers throughout Arizona and intensely in crowded Phoenix and Maricopa County, law enforcement agencies have a not-so-secret weapon -- the phantom sobriety checkpoint, a ruse but still a trap.

Unlike a genuine checkpoint with vehicles lined up on a busy road and officers stopping every other vehicle and questioning drivers for an average of 25 seconds in an attempt to see an open container or sniff for alcohol or drugs, a phantom checkpoint is merely a sign that’s used for real DUI checkpoints indicating that the checkpoint is a short way ahead. However, it’s only the sign, not a full-blown checkpoint.

Authorities usually will have a vacant police car parked nearby or place a trailer near the sign to make the event seem real. But nearby and out of sight is a patrol car or two staffed by officers.

Police use the phantom checkpoint as a dummy to see who will make an abrupt turn or turn around apparently to avoid it. Such a move gives an officer the green light to follow the skipping driver and find a reason to make a traffic stop. Other simple infractions could also lead to you being pulled over.

A simple miscalculation

Turning without signaling

Brake light out

Turning abruptly or illegally

Accelerating of Decelerating rapidly

Driving without your headlights on

Simply turning around to avoid delay

These moves give police the necessary probable cause or reasonable suspicion to make a traffic stop.

Law enforcement also uses phantom checkpoints as a way to draw public attention to the pitfalls of impaired driving.

Beyond the public relations and awareness aspects, phantom checkpoints can avoid violating constitutional search and seizure rights by establishing reasonable suspicion or probable cause to make the stop.

Sobriety checkpoints and the phantom signage version are perfectly legal in Arizona and in most other states.

US Supreme Court rules on sobriety checkpoints

The legality question of sobriety checkpoints reached the US Supreme Court from a Michigan case. The justices in a split 6-3 decision announced in June 1990 that sobriety checkpoints don’t violate the US Constitution’s Fourth Amendment, the protection from unlawful searches and seizures, or the Fourteenth Amendment’s equal protection under the law.

Chief Justice William Rehnquist in the court’s ruling

called attention to the “alcohol-related death and mutilation on the nation’s roads” and that “the measure of the intrusion on motorists stopped briefly at sobriety checkpoints – is slight.”

Rehnquist noted that “Detention of particular motorists for more extensive field sobriety testing may require satisfaction of an individualized suspicion standard.”

Justice William Brennan wrote in his dissenting opinion stated that “… one searches the majority opinion in vain for any acknowledgment that the reason for employing the balancing test is that the seizure is minimally intrusive.”

Justice John Paul Stevens, in his dissenting opinion, wrote, “Sobriety checkpoints are elaborate, and disquieting, publicity stunts.”

Prominent California DUI attorney and law professor Lawrence Taylor labeled the Supreme Court’s decision “an exception to the Constitution.”

What to do encountering a Phantom DUI Checkpoint

If you happen upon one of these phantom checkpoints in Phoenix, AZ my advice is to keep going and don’t divert from your route. Be careful not to violate any traffic laws because you likely will be under surveillance by an officer watching the phantom DUI checkpoint.

Should you be detained you will be invited to incriminate yourself. The officer will say something such as, “Have you been drinking this evening?” Lying to authorities is against the law. It also reveals a consciousness of guilt.

The best thing to do, and it’s vital that you politely assert your constitutional right to remain silent. That’s guaranteed by the Fifth Amendment.

You’re also entitled to be represented by an attorney during questioning. Observing these precautions may have a significant bearing on winning your case.

The officer, if he has probable cause such as smelling alcohol on your breath, will ask you to take a field sobriety test. You have a legal right to refuse and your refusal cannot be used in court.

Consequences of a DUI conviction

Arizona DUI law determines if a conviction is either a misdemeanor or a felony based on the level of a person’s blood alcohol concentration (BAC).

The legal limit in Arizona is 0.08 BAC but higher levels are more serious. A

BAC of 0.15 is charged as an extreme DUI

and

0.20 BAC is super extreme DUI

.

Felony DUI also can be charged in aggravated circumstances. A class 6 felony, the lowest in this class is charged if the impaired driver had a person younger than 15 in the vehicle. Other more serious charges are levied if the driver had a suspended, revoked, or restricted driver’s license or if the driver was supposed to have an ignition interlock device on the vehicle. Other circumstances are if the driver had a record of other DUI convictions or while intoxicated injured or killed someone or fled the scene of a crash.

Arizona is a zero-tolerance state meaning that police can arrest you if you’re only “slightly impaired.”

Beyond the possibility of incarceration and substantial fines that the judge decides, a felony conviction also means you can’t own or possess a firearm and you can’t vote in elections.

Keeping your job or finding work may also be difficult and those who have professional certifications face suspicion or revocation. Also, Landlords may not rent you a place to live, and colleges may choose not to admit you.

Protect your legal rights

If you’re arrested after avoiding a phantom checkpoint don’t just give up and think “just plead guilty and get it over with.” You may have a legal reason to fight the charge and clear your name.

You’ll need the counsel of a qualified

Phoenix DUI Lawyer

to ensure your rights are protected not only at the traffic stop but in all subsequent legal proceedings. The attorney will study the evidence against you and search for procedural errors made by police by conducting an independent investigation with help from a qualified professional defense investigator.

Free Legal Consultation

Unlike large firms that want as many cases as possible, I represent a limited number of clients at any given time which allows me to give each of my clients' personalized service.

Contact Phoenix DUI Defense Attorney Aaron Black

or call (480)729-1683 for a private telephonic consultation. There’s no obligation to hire me to defend you to get legal advice.

[kennethherrerablog]

Don’t Lose Your Home. Fight Eviction With These 4 Strategies

A few months before the housing market began to implode, 22-year-old Alisa Daly and her boyfriend — now husband — were expecting their first child.

Working at a small trucking company in Arizona, she was close friends with the office manager, and her mother worked for the same firm. So Daly was shocked when her mom called and told Daly she was about to be laid off. Then, a few months after that, the couple’s car broke down and her boyfriend was fired when he didn’t show up for work.

“It made us feel miserable, overwhelmed, depressed and angry,” Daly says.  “We couldn't get a job anywhere, doing anything. And no one would hire someone that was pregnant.”

As a renter in 2007, she was able to avoid eviction, unlike the 958,000 tenants who were evicted during the housing crisis. But she was on the precipice of a life-changing, community-altering tragedy, according to recent data compiled by the Eviction Lab, a project spearheaded by Princeton University professor Matthew Desmond with millions of dollars in support from the Gates, JPB and Ford Foundations and the Chan Zuckerberg Initiative.

Luckily, Daly, now a homeowner, negotiated a week-to-week payment plan to avoid falling behind in rent — demonstrating what experts say is your best bet if you’re facing eviction. She said dividing the rent into weekly amounts made it easier to budget for.

But when she moved to break her lease after an attempted burglary at her apartment, she also avoided any additional fees by hiring a lawyer and arguing that the landlord had violated the lease by not maintaining the apartment adequately — another option to fight an eviction proceeding.

Even as foreclosures have fallen 67% since the Great Recession, rental evictions declined only 9.6% to 898,479 in 2016, the latest year that statistics are available. And with experts growing concerned about housing affordability, particularly for renters, and wages remaining mostly stagnant, the eviction epidemic is likely to continue.

“If you live in a community that is plagued by eviction, then it is absolutely an epidemic, but it’s an epidemic that’s always been occurring,” said David Dworkin, president and CEO of the National Housing Conference and former housing policy adviser at the U.S. Treasury Department. “And if you don’t live in one of those communities, it’s an epidemic that’s been easy to ignore.”

Here’s Some General Advice on How to Stop an Eviction

Since the Eviction Lab had difficulty compiling all eviction records from some states, including New York and California, the real numbers of people evicted are likely in the millions each year. It could be your neighbor. A family member. It might even be you.

As Alisa Daly’s story shows, you could end up facing eviction through no fault of your own.

Maricopa County, Arizona, Judge Pro Tem Jeremy Rovinsky can see 100 eviction proceedings during a busy day as he does temporary time behind the bench in civil court.

“It’s very difficult for me I have to look people in the eye, people who are struggling, people who are suffering, and tell them they have to leave their home,” he says. “The worst part of my job is having go look them in the eye and say this is the law.”

So how does an eviction work?

First, it’s illegal for landlords to try to evict you by themselves by changing the locks, turning off utilities or through any other method. They must go through the court system.

In most cases, you’ll be served with a notice to vacate, after which you will go before a judge. Be aware that it’s rare for a tenant to win an eviction case for nonpayment. If the judge rules in favor of the landlord, a law enforcement officer will show up and you’ll be forced out of your home.

Although specific eviction laws vary state-by-state, there are some general things you can do if you are facing eviction due to nonpayment of rent. Below, you can see the specific time frames landlords must follow during eviction proceedings, depending on your state.

Negotiate Any Way You Can With Your Landlord or Leasing Company

Usually, it’s in your landlord’s best interest to work out a payment plan so you don’t fall too far behind on rent. For Daly, that meant a week-to-week plan, but it could even be a grace period until you get back on your feet.

But be certain you get whatever agreement you come to in writing.

“[The landlord] neither wants the headache of going to court [n]or that apartment empty,” Rovinsky says.

Documents, Documents, Documents

Depending on your state, or county, there are technicalities that could force your landlord to halt eviction proceedings. These include failure to keep up the property or any sort of retaliation for demanding the landlord follow local tenant laws.

But you’ll need plenty of evidence. Hang on to your lease and read it thoroughly — or if you lost it, pick up a copy from your local Clerk of the Court. Save emails, memos and letters from your landlord and take photos of the property.

“Pictures really are worth 1,000 words in these situations,” said Alan Mills, executive director of the Uptown People’s Law Center in Chicago. “Judges have to figure out who’s telling the truth, and the more documentation, the better chance you have.”

Find a Legal-Aid Service or Church Group Near You

With all of the fine print in each state’s landlord-tenant laws, it was difficult enough just researching this article. If you lose a job, and especially if you have a family to look after, it can be head-spinning to figure out your legal options in an eviction process.

For one, know that a landlord can never lock you out or turn off the utilities — so stay calm and figure out your next move with the help of a local legal-aid office. Most are low-cost or free, and because they focus on working with marginalized folks, they’ll likely have an expert on tenants’ rights.

Rovinsky, the Arizona judge, recently had an eviction case in which a church congregation stepped in with $500 so a tenant could afford to avoid eviction for at least that month. Sometimes it can take just a month for you to get back on your feet.

Have a Backup Plan if You Can’t Fight the Eviction

“Make a contingency plan,” Mills says. “The worst thing that can happen to anyone is having the sheriff come put your stuff out on the street.”

That means using what savings you may have to rent a cheap storage unit for a month. And make sure you have a plan to keep your kids and family in place — whether that be with relatives or a homeless shelter.

Your first step should be to call the nationwide resource assistance hotline 211.

Once you are stabilized, know that an eviction will remain on your record. So before you pay for a background check when you are looking for a new apartment or home to rent, be up front with the landlord. You could spend half a month’s rent on background checks alone if you get denied a few times, Mills said.

But don’t lose hope; nonpayment of rent is the least harmful type of eviction to have on your record.

“If landlords only rented to people who have never been evicted, there would be a lot of open property,” Rovinsky said. “It doesn’t mean you’ll never rent again or that your life is over.”

Here Are State-By-State Eviction Guidelines

These brief guidelines will help you understand the timeline and some rights you have as a tenant if you can’t pay rent on time. There are many legal variations in each jurisdiction and even by housing type — and we are not authorized to give legal advice — so we have provided contact numbers for legal-aid services and tenants’-rights groups.

These organizations should help you understand your rights better and may help fight a potential eviction.

The Penny Hoarder also analyzed eviction rates — the percentage of rental properties where tenants faced an eviction in 2016 — to show the cities with the most evictions. For context, the national eviction rate is around 2.3%.

Alabama Arizona Arkansas California Colorado Connecticut Delaware Washington DC Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

Alabama

In Alabama, the landlord must give the tenant notice and seven days to vacate unless the rental agreement is met. During that week, the tenant can pay the rent and the landlord is legally not allowed to pursue an eviction.

Legal Services Alabama, Statewide, 866-456-4995

Montgomery — 5.82%

Gadsden — 5.53%

Hueytown — 3.76%

Tillman’s Corner — 3.76%

Mobile — 3.66%

Arizona

In Arizona, where Rovinsky hears cases, tenants have five days’ notice ahead of being evicted. But there are three ways to fight an eviction in this state: Pay the rent in full within the five days; pay the rent in full and cover any applicable late fees after five days; or, before a final judgment, pay the rent, late fees and any court costs.

Drexel Heights — 6.15%

Tucson — 6.03%

Casas Adobes — 2.91%

Marana — 2.53%

Catalina Foothills — 1.99%

Arkansas

In Arkansas, landlords have two ways to evict you from your rental: a civil lawsuit or a criminal charge. If they pursue the former, they have to give you a three-day written notice that they will be suing you for “unlawful detainer” if you don’t vacate the property. After you receive a court summons, you have five days to object to the eviction.

In the case of a criminal charge, they will give you a 10-day notice of failure to vacate. If you don’t leave in 10 days, you’ll be charged with a misdemeanor and could be fined up to $25 for each additional day you stay.

Legal Aid of Arkansas, Jonesboro, 800-967-9224

Center for Arkansas Legal Services, Little Rock, 501-376-3423

Legal Aid of Arkansas, Statewide, 800-952-9243

Jacksonville — 1.99%

Marion — 1.96%

West Memphis — 1.85%

Little Rock — 1.76%

North Little Rock — 1.68%*

*These are eviction filings as opposed to actual evictions.

California

California law requires landlords to provide a three-day notice to vacate. If a tenant doesn’t pay rent within those three days, the landlord can file an eviction.

Bay Area Legal Aid, Oakland, 510-663-4755

Legal Aid Foundation of Los Angeles, 323-801-7991

Hemet — 5.08%

Moreno Valley — 4.81%

Perris — 3.31%

Arden-Arcade — 2.97%

Rancho Cordova — 2.86%

Colorado

Like California, Colorado also provides a three-day window before landlords can move to evict a tenant. But in this state, if you pay rent within that three-day period, the landlord can’t proceed with the eviction. If the tenants move out within three days, they are still liable for rent, and if the security deposit doesn’t cover the amount owed, the landlord may sue the tenant for the difference.

Colorado Affordable Legal Services, Denver, 303-996-0010

Northglenn — 6.24%

Aurora — 5.52%

Welby — 5.4%

Sherrelwood — 5.16%

Thornton — 4.64%

Connecticut

Connecticut has one of the more lenient nonpayment-of-rent laws, with the tenant given a nine-day period before the landlord can begin pursuing an eviction. But after that time frame, the landlord can give a three-day notification to move out of the rental.

Then, as in other states, a judge will weigh both sides during an eviction hearing if the tenant wants to challenge the eviction.

Connecticut Fair Housing Center, Hartford, 860-247-4400

Connecticut Legal Services, Middletown, 860-344-0447

Waterbury — 6.1%

Hartford — 5.73%

Bridgeport — 5.03%

New Britain — 4.68%

Meriden — 4.45%

Delaware

Tenants in Delaware have five days after the missed rent period to pay their landlord (once served with a notice to pay). If they don’t pay in that time frame, they will have to either fight the eviction in court or vacate the premises.

Legal Services Corporation of Delaware, Wilmington, 302-734-8820; 302-575-0408

Delaware Legal Help Link, Statewide, 302-478-8850

Wilmington — 7.62%

Glasgow — 7.05%

Dover — 6.94%

Bear — 6.04%

Brookside — 4.29%

Washington DC

In Washington, D.C., a landlord has to provide a 30-day window for the renter to pay rent in full with an official notice. But this is sometimes waived in rental agreements.

If a judge rules in favor of the landlord, the tenant has three days before removal from the property. D.C. is also a “pay-and-stay” jurisdiction, where tenants have until U.S. Marshals remove them from the rental to pay the rent and associated late fees.

D.C. Tenants' Rights Center, Washington, 202-681-6871

Howard University School of Law Fair Housing Clinic, Washington, 202-806-8082

Districtwide — 2.59%

Florida

In the Sunshine State, a landlord must send an official three-day notice for the tenant to pay rent. If the tenant pays within three business days of receiving the notice, the landlord cannot legally proceed with an eviction. But, if you fail to pay rent within those three days, you will be served with a summons and have five days to respond to the eviction lawsuit

Florida Housing Coalition, Tallahassee, 850-878-4219

Jacksonville Area Legal Aid, 904-356-8371

Lauderhill — 7%

Pine Hills — 5.88%

Jacksonville — 5.34%

University (Tampa area)  — 5.26%

Miramar — 4.65%

Georgia

Landlords in Georgia do not have to wait between notifying tenants about missing rent and filing an eviction notice. So once tenants receive a notice, they may end up in eviction court right away.

Also, Georgia law doesn’t require a written eviction notice, so a landlord can verbally serve an eviction notice. But Georgia law does allow the tenant to pay without penalty the owed rent within seven days after receiving a court summons.

Atlanta Volunteer Lawyers Foundation, 404-521-0790

Georgia Legal Services Program, Atlanta, 404-206-5175

Redan — 13.99%

Union City — 11.67%

East Point — 11.3%

Candler-McAfee — 11.17%

Warner Robins — 10.69%

Hawaii

Landlords in Hawaii must provide tenants with a written five-day notice before pursuing an eviction.

Hawaii Fair Housing Enforcement Program at Legal Aid Society of Hawaii, Honolulu, 808-536-4302

Hilo — 0.51%

Kihei — 0.41%

Kahului — 0.26%

Idaho

Idaho law also requires a written three-day notice be provided to the tenant before proceeding with the eviction process. A tenant can pay rent within that window to stop the eviction proceedings.

Also, Idaho law allows tenants to withhold rent to request repairs..

Idaho Legal Aid Services, Boise, 208-336-8980

Nampa — 1.31%

Post Falls — 1.29%

Burley — 1.2%

Caldwell — 1.18%

Twin Falls — 1.16%

Illinois

Illinois law calls for a five-day notice before a tenant can be sued for eviction. If the tenant pays rent in that time frame, the landlord can’t pursue an eviction.

Illinois Tenants Union, Chicago, 773-478-1133

Legal Aid Society of Metropolitan Family Services, Chicago, 312-986-4000

Matteson — 5.92%

Crest Hill — 5.5%

Kankakee — 5.35%

East St. Louis — 5.27%

Bolingbrook — 4.67%

Indiana

Indiana may have a high eviction rate compared with the rest of the country, but it does have a more lenient landlord-tenant law, at least when it comes to the notice. Landlords are required to provide a 10-day written notice before filing suit, during which time the tenant can pay back rent.

Indiana Legal Services, Statewide, 844-243-8570; Bloomington office, 812-339-7668 or 800-822-4774

Indiana University Bloomington Tenant Assistant Project

Griffith — 11.27%

Marion — 8.52%

Elkhart — 8.50%

Auburn — 8.06%

Kokomo — 7.95%

Iowa

Iowa landlords are required to give tenants a three-day window to pay the owed rent before filing an eviction lawsuit. If the tenant pays rent during that time frame, the landlord can’t sue for eviction.

Iowa Legal Aid, Statewide, 800-532-1275

Waterloo — 5.73%

Davenport — 4.72%

Clinton — 4.02%

Ottumwa — 3.72%

Council Bluffs — 3.49%

Kansas

In Kansas, landlords must provide a three-day notice for tenancies that have lasted less than three months and a 10-day notice for those that have been in place longer.

Kansas Legal Services, Topeka, 800-723-6953

Edwardsville — 7.68%

Park City — 6.88%

Kansas City  — 5.60%

Bonner Springs — 4.86%

Wichita — 4.44%

Kentucky

In Kentucky, tenants are given a seven-day window to pay rent before a landlord can pursue eviction. But like most states, a tenant can fight the eviction in court if the landlord did not hold up his or her end of the lease agreement.

Legal Aid of the Bluegrass, Lexington, 859-431-8200

Kentucky Legal Aid, Western Kentucky, 866-452-9243

Legal Aid Society, Louisville, 502-584-1254

Shively — 5.45%

Franklin — 4.84%

Louisville — 4.82%

Lexington-Fayette — 4.59%

Campbellsville — 4.48%

Louisiana

Louisiana law calls for a five-day notice before a landlord can file an eviction lawsuit. However, that five days is only a grace period to vacate; the state does not allow the tenant to pay rent and avoid eviction.

Legal Services of North Louisiana, Shreveport, 318-222-7186

Southeast Louisiana Legal Services, Baton Rouge, 225-448-0331; Hammond, 985-345-2130; Covington, 985-893-0076

Woodmere — 7.23%

Baton Rouge — 6.45%

Slidell — 5.49%

Baker — 5.13%

Marrero — 4.30%

Maine

In Maine, a tenant must fall seven days behind in rent before a landlord can issue a notice of eviction. After that, a tenant has seven days to pay rent to stop the eviction proceedings.

Pine Tree Legal Assistance, Portland, 207-774-8211

Waterville — 5.25%

Lewiston — 4.79%

Sanford — 4.68%

Augusta — 4.28%

Biddeford — 4.25%

Maryland

Maryland is one state that has no notification period for landlords who want to evict a tenant. Technically, they can sue a tenant for eviction the day after they serve the resident with a notice.

Still, if tenants pay rent, late fees and court costs on or before the day of the hearing, they can avoid eviction.

Public Justice Center, Baltimore, 410-625-9409

Maryland Legal Aid, Baltimore, 410-951-7777

South Laurel — 7.14%

Chillum — 3.37%

Bowie — 1.93%

Laurel — 1.88%

College Park — 1.50%

Massachusetts

To avoid being sued for eviction, tenants in Massachusetts have a 14-day period to pay rent or vacate their rental after a landlord serves legal papers.

Alliance of Cambridge Tenants, 617-499-7031

Quincy Community Action Programs, 617-479-818, ext. 4

Haverhill — 2.93%

Lynn — 2.75%

Weymouth — 2.71%

Brockton — 2.69%

Framingham — 2.53%

Michigan

Michigan-based landlords must serve a written seven-day notice before they can file to evict a tenant. The tenant can pay the owed rent within that window to remain in the rental, however.

Lakeshore Legal Aid, Statewide, 888-783-8190

Michigan Poverty Law Program, Ann Arbor, 734-998-6100

Muskegon — 10.91%

Saginaw — 10.54%

Battle Creek — 9.98%

Dearborn Heights — 9.82%

Jackson — 9.71%

Minnesota

In Minnesota, landlords aren’t required to give any notice before pursuing an eviction unless the tenant is “at will” — meaning under an informal, usually month-to-month lease. In that case, a landlord must provide a 14-day notice to vacate before suing for eviction.

Home Line, Minneapolis, 866-866-3546

Southern Minnesota Regional Legal Services, St. Paul, 888-575-2954

East Bethel — 2.59%

Brooklyn Park — 1.86%

Brooklyn Center — 1.44%

Moorhead — 1.38%

Ramsey — 1.23%

Mississippi

Mississippi law requires a three-day notice to pay rent before a landlord can file an eviction lawsuit against a tenant for nonpayment.

Mission First Legal Aid, Jackson, 601-608-0050, ext. 2

Mississippi Center for Legal Services, Statewide, 800-498-1804

Horn Lake — 11.90%

Gulfport — 9.68%

Pascagoula — 9.38%

Jackson — 8.75%

Southaven — 7.86%

Missouri

Unlike most states, Missouri doesn’t have a specific time requirement for a landlord to demand rent before filing an eviction. However, most legal sites do recommend that landlords give at least three days’ notice.

Arch City Defenders, St. Louis, 855-724-2489

Legal Services of Eastern Missouri, St. Louis, 314-534-4200 or 800-444-0514

Spanish Lake — 14.33%

Old Jamestown — 12.76%

Bellefontaine Neighbors — 11.51%

Berkeley — 9.13%

Murphy — 8.75%

Montana

In Montana, a a tenant has three days to pay rent upon being served with a notice of late payment by the landlord.

Montana Legal Services Association, Statewide, 800-666-6899

Evergreen — 3.69%

Lockwood  — 2.02%

Hardin — 1.92%

Butte-Silver Bow — 1.86%

Great Falls — 1.81%

Nebraska

In Nebraska, a landlord must serve a three-day notice to a tenant who is late on rent. The renter can avoid eviction by paying within that three-day window.

Legal Aid of Nebraska, Statewide, 877-250-2016

Plattsmouth — 4.79%

Omaha — 3.87%

Waverly — 3.24%

Chalco — 2.68%

Bellevue — 2.63%

Nevada

Nevada state statutes require landlords to serve a tenant with a five-day notice to pay rent before proceeding with an eviction. If the tenant pays rent in that window, the landlord can’t pursue the eviction.

Legal Aid Center of Southern Nevada, Las Vegas, 702-386-1070

Nevada Legal Services, Las Vegas, 702-386-0404; Reno, 775-284-3491 or 800-323-8666

Whitney — 6.82%

North Las Vegas — 5.82%

Sunrise Manor — 5.31%

Winchester — 5.15%

Paradise — 4.33%

New Hampshire

New Hampshire law provides a one-week time frame for a tenant to pay rent to avoid eviction. This seven-day period begins when the landlord serves the tenant with a written notice, and tenants can pay rent in full plus $15 during that period.

New Hampshire Legal Aid, Statewide, 800-639-5290

(No data on percentage of evictions available.)

New Jersey

New Jersey law doesn’t require a landlord to give a tenant a window to pay rent that is owed, so a tenant may face an eviction lawsuit immediately after failing to pay rent.

New Jersey Tenants Organization, Fort Lee, 201-342-3775

Fair Share Housing Center, Cherry Hill, 856-665-5444

South Plainfield — 0.07%

Newark — 0.05%

Westfield — 0.04%

Clifton — 0.03%

East Orange — 0.03%

New Mexico

New Mexico law requires landlords to serve tenants with a three-day notice to pay rent before pursuing an eviction.

New Mexico Legal Aid, Statewide, 833-545-4357

Albuquerque — 4.72%

Clovis — 3.58%

Roswell — 3.53%

South Valley — 3.10%

Grants — 2.93%

New York

New York landlords must give tenants three days to pay rent before pursuing an eviction. If the renter pays within that window, the landlord can’t sue for eviction.

Legal Services NYC, New York, 917-661-4500

Legal Services of Central New York, Syracuse, 877-777-6152

Poughkeepsie — 2.76%

Auburn — 1.74%

New York — 1.615 (Bronx, 6.23%, Brooklyn, 1.28%, Staten Island, 3.42%)

Watertown — 1.45%

Middletown — 0.95%

North Carolina

If a tenant is late paying rent in North Carolina, the landlord must serve a written notice that gives the renter 10 days to pay before filing an eviction. If the tenant pays within that window, the landlord can’t proceed with the eviction.

Pisgah Legal Services, Statewide, 828-253-0406, 800-489-6144

Graham — 11.14%

Kinston — 10.24%

Shelby — 9.10%

Henderson — 9.08%

Wilson — 8.60%

North Dakota

In North Dakota, a landlord must provide the tenant a three-day notice of eviction, and it must be served by a process server or deputy.

Ohio

In Ohio, the landlord must give a tenant a three-day notice before suing for eviction. However, unlike in other states, the landlord is not obligated to accept a rent payment during that period or halt the eviction process.

Legal Aid Society of Greater Cincinnati, 513-241-9400, 800-582-2682

Legal Aid Society of Cleveland Tenant Information Line, Cleveland, 216-861-5955. (For legal help, dial 216-687-1900 or 888-817-3777.)

Legal Aid Society of Columbus, 614-241-2001

East Cleveland — 8.87%

Middletown — 8.41%

Canton — 8.34%

Euclid — 7.93%

Trotwood — 7.72%

Oklahoma

Oklahoma law requires a landlord to serve the tenant with a five-day notice to pay rent before pursuing an eviction.

Legal Aid Services of Oklahoma, Oklahoma City, 405-521-1302

Neighbor for Neighbor, Tulsa, 918-425-5578

Tulsa — 7.77%

Del City — 7.32%

Midwest City — 6.63%

Durant — 6.46%

Oklahoma City — 6.19%

Oregon

Oregon has a more lenient law for nonpayment of rent, with a landlord required to wait eight days before serving the tenant with a notice of eviction. Then, the tenant has three days to pay rent or face an eviction lawsuit.

But the landlord has another option: Serve a six-day notice to pay rent on the fifth day after rent is due. Both give 11 days for a tenant to catch up on rent.

Legal Aid Services of Oregon, Portland, 503-224-4086

Portland Tenants United, 503-836-7881

Gresham — 2%

Springfield — 1.86%

Hayesville — 1.65%

Medford — 1.62%

Salem — 1.62%

Pennsylvania

Pennsylvania law requires a landlord to give a 10-day notice of eviction to the tenant, who can pay during that period and avoid eviction.

Regional Housing Legal Services, Glenside, 215-572-7300

Community Legal Services of Philadelphia, 215-981-3700

Glenolden — 10.03%

Folcroft — 6.99%

Brookhaven — 6.91%

Reading — 6.22%

Uniontown — 4.29%

Rhode Island

In Rhode Island, tenants have 15 days to pay rent after the due date before a landlord can serve them with a five-day notice to pay. If the renters don’t pay in those five days, the owner can pursue an eviction.

Rhode Island Legal Services, Providence, 401-274-2652

Providence — 3.82%

Cranston — 2.63%

Warwick — 2.44%

South Carolina

South Carolina law requires the landlord to serve a five-day written notice when the tenant is late with rent before filing an eviction lawsuit. However, the landlord can file suit without notice if the following language is in the lease agreement:

“IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.”

South Carolina Legal Services, Statewide, 888-346-5592

Ladson — 24.00%

St. Andrews — 20.66%

Dentsville — 19.01%

Hanahan — 17.84%

Florence — 16.65%

South Dakota

South Dakota law gives tenants three days to pay rent after it is due. The landlord can serve a three-day notice and file an eviction lawsuit if the rent isn’t paid in that window.

Dakota Plains Legal Services, Mission, 605-856-4444, 800-658-2297

East River Legal Services, Sioux Falls, 800-952-3015

Summerset — 1.9%

Brandon — 1.28%

Box Elder — 1.26%

Harrisburg — 1.09%

Rapid Valley — 1.09%*

* These are eviction filings as opposed to actual evictions.

Tennessee

In Tennessee, landlords must serve a 14-day notice to pay rent once the tenant is late. If the rent remains unpaid, then the owner can sue for eviction.

Memphis Area Legal Services, 901-523-8822

West Tennessee Legal Services, 17 counties, 731-423-0616 or 800-372-8346

Memphis — 4.89%

Athens — 4.13%

Clarksville — 3.90%

Cleveland — 3.51%

Nashville-Davidson — 3.42%

Texas

Texas is another state that requires a three-day notices before the landlord can file for eviction.

Austin Tenants Council, 512-474-1961

Lone Star Legal Aid, Houston, 800-733-8394

Killeen — 7.67%

White Settlement — 6.39%

Dickinson — 6.23%

Texas City — 5.98%

Fresno — 5.62%

Utah

Utah law requires a landlord to give the tenant a three-day notice before suing for eviction.

Utah Legal Services, Salt Lake City, 801-328-8891 (in Salt Lake County), 800-662-4245 (outside Salt Lake County)

Murray — 2.31%

West Valley City — 2.26%

Taylorsville — 1.97%

Midvale — 1.82%

Magna — 1.79%

Vermont

Vermont is another state with lenient laws regarding nonpayment of rent. When a tenant is overdue on rent, the landlord must issue a 14-day notice to pay before filing an eviction lawsuit.

Vermont Legal Aid, Statewide, 800-889-2047

Barre — 0.23

Montpelier — 0.11

St. Johnsbury — 0.08

St. Albans — 0.06

Virginia

In Virginia, landlords must issue a five-day notice to pay rent before starting eviction proceedings against a tenant.

Northern Virginia Affordable Housing Alliance, Northern Virginia, 571-572-2238

Legal Aid Justice Center, Charlottesville, 434-529-1849

Central Virginia Legal Aid Society, 21 counties and municipalities, 800-868-1012

Petersburg — 17.56%

Hopewell — 15.69%

Portsmouth — 15.07%

Richmond — 11.44%

Hampton — 10.49%

Washington

Washington requires a  landlord to issue a three-day notice to pay rent before suing a tenant for eviction.

Fair Housing Center of Washington, Tacoma, 253-274-9523

Everett — 2.06%

Parkland — 1.99%

Lakewood — 1.89%

Longview — 1.74%

Spokane — 1.66%

West Virginia

West Virginia laws allow landlords to immediately terminate a lease and file an eviction lawsuit as soon as the tenant fails to pay rent on time.

Legal Aid of West Virginia, Statewide, 866-255-4370

Martinsburg — 10.22%

Ranson — 8.09%

Westover — 7.83%

Elkins — 7.14%

Beckley — 5.75%

Wisconsin

A landlord has two options for evicting a tenant for failure to pay rent. The owner can issue a five-day notice, in which time the tenant can pay up to avoid eviction. Or the owner can issue a 14-day notice to vacate, in which the tenant has no choice but to move out or face eviction.

Legal Action of Wisconsin, Milwaukee, 414-278-7722

Tenant Resource Center, Madison, 608-257-0006 ext. 5

Racine — 5.56%

Beloit — 4.34%

Milwaukee — 4.25%

Kenosha — 3.89%

Janesville — 3.39%

Wyoming

Wyoming-based landlords must provide a three-day notice to tenants before pursuing an eviction lawsuit.

Legal Aid of Wyoming, Statewide, 877-432-9955

Casper — 1.76%

Riverton — 0.91%

Lander — 0.85%

Rock Springs — 0.80%

Evanston — 0.78%

Alex Mahadevan is a data journalist at The Penny Hoarder.

This was originally published on The Penny Hoarder, which helps millions of readers worldwide earn and save money by sharing unique job opportunities, personal stories, freebies and more. The Inc. 5000 ranked The Penny Hoarder as the fastest-growing private media company in the U.S. in 2017.

The Penny Hoarder Promise: We provide accurate, reliable information. Here’s why you can trust us and how we make money.

Don’t Lose Your Home. Fight Eviction With These 4 Strategies published first on https://justinbetreviews.tumblr.com/

[themomsandthecity]

Immigration Lawyers Offer Advice to Hispanic U.S. Citizens Being Denied Passports Near the Border  

The Trump administration is reportedly accusing hundreds of Hispanics who live along the U.S.-Mexico border of using fraudulent birth certificates, and denying some of them passports, according to The Washington Post. The State Department said in a statement to the Post that it “has not changed policy or practice regarding the adjudication of passport applications,” adding that “the U.S.-Mexico border region happens to be an area of the country where there has been a significant incidence of citizenship fraud.” But immigration lawyers tell the Post they’ve seen a surge in cases of the government denying passports to people with official U.S. birth certificates who were born near the border. In some cases, these Americans have been jailed in immigration detention centers and faced with deportation. Others who traveled to Mexico have had their passports revoked when they tried to return to the U.S. Jaime Diez, an immigration attorney in Brownsville, Texas, tells PEOPLE he’s had around 20 clients who are U.S. citizens who have had their passports taken away. He notes that he was able to help each client get his or her passport back, and recommends that anyone who has their passport denied or revoked ask to speak to an attorney and prepare to file a lawsuit. “If they get their passport denied or revoked, they need to go ahead and gather their story and evidence and file a lawsuit,” he says. “You have five years to file a lawsuit to show you were born in the United States.” “If they happen to be detained by immigration authorities, I’ve had people who were locked in a room and were forced to admit they were not born here and we’ve been able to overturn those things,” he continued. RELATED VIDEO: Hundreds of Thousands Protest President Trump’s Immigration Policies at Families Belong Together Marches Although immigration authorities can’t strip people of their passports without taking them to court, Diez claims some officials “tell people things that are not true and hold people in a room for 20 hours, sitting on a cold table, telling them, ‘You are not born here, you are not born here, but if you sign here you can go.’ “ Diez also notes that many people trying to reenter the U.S. from Mexico have had their passports taken away. “We have a lot of people detained at ports of entry, they are coming back from Mexico and they find out their passport has been cancelled and they are told cannot come back,” he says. “If you are in Mexico, you have to contact an attorney.” Hassan Ahmad, a Virginia-based immigration lawyer, tells PEOPLE that the “most important piece of advice is, don’t take this lying down. “Be proactive about proving your case before it becomes necessary,” he says. “The first thing is to run their immigration history by counsel before any of this happens … to see what proof they have: Did they derive citizenship, did they acquire citizenship, were they naturalized, were they born in the United States? “An ounce of prevention is worth a pound of cure,” he says. According to the Post, the State Department says these passports are being denied based on suspicion of fraudulent birth documents. The department declined to say how many passports it has denied due to these concerns. Passport applicants “who have birth certificates filed by a midwife or other birth attendant suspected of having engaged in fraudulent activities, as well as applicants who have both a U.S. and foreign birth certificate, are asked to provide additional documentation establishing they were born in the United States,” the State Department said in its statement to the Post. The government has long suspected that some midwives and physicians working along the U.S.-Mexico border from the 1950s to the 1990s gave U.S. birth certificates to babies born in Mexico. In federal court cases in the 1990s, several midwives admitted to providing fake birth certificates. Under former Presidents George W. Bush and Barack Obama, these suspicions led the State Department to deny passports to some people delivered by midwives in Texas’ Rio Grande Valley, the Post reports. After the government settled a class-action lawsuit brought by the American Civil Liberties Union (ACLU) in 2009, the number of passport denials declined. But now, according to the Post, there has been a surge in passport denials under President Donald Trump, who has made cracking down on both legal and illegal immigration one of his signature issues. Heather Nauert, a State Department spokeswoman, has pushed back against The Washington Post‘s story, saying “the facts don’t back up.” “This is an irresponsible attempt to create division and stoke fear among American citizens while attempting to inflame tensions over immigration,” she says. “Under the Trump Administration, domestic passport denials for so called ‘midwife cases’ are at a 6-year low. The reporting is a political cheap shot.” Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, says the ACLU is investigating the situation and potential legal recourse. “The Trump administration’s attempt to deny passports to long-term American residents living in border areas is just one more inhumane act in a series of unlawful actions,” he says. Adds Andre Segura, legal director of the ACLU of Texas, “For South Texans, a passport is a necessary part of life. These communities work, shop, seek medical care, and have families on both sides of the border. The ACLU challenged this practice a decade ago to ensure that arbitrary and discriminatory passport denials would stop. We cannot let such a blatant attack on the civil rights of Americans stand.” Diez advises Americans birthed by a midwife to immediately apply for a passport if they haven’t already. “And if there is a request for evidence and they deny you, you have to go and see an attorney,” he says. Ahmad recommends that citizens who already have passports keep it in their possession at all times. “And if having that proof of U.S. citizenship is not accepted by the law enforcement officer, in the end there is going to be a legal battle and at least at that point the person will be able to say, ‘I showed them prima facie proof of my citizenship and they detained me anyway,’ ” he explains. “At least it gives them a leg up in a subsequent lawsuit.” Ahmad says that while the policy needs to change, for now it’s important to spread awareness that even some people who have lived and worked in the U.S. their whole lives are having their citizenship called into question. “It doesn’t mean people need to live in fear but the fact remains that if a U.S. citizen comes up and asks me, ‘Should I be carrying my passport around?’ I can’t say in good faith that you don’t need to — not given the fact there is a denaturalization task force and people’s birth certificates are being questioned.” http://bit.ly/2LGLqcJ

[lawofficeofryansshipp]

Eviction Attorneys In Florida | 561.699.0399

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[expatimes]

Gone: The lost victims of Nigeria’s ‘most brutal’ police station | Human Rights News

Awkuzu, Nigeria – Behind a metal gate on the southern flank of the Enugu-Onitsha Expressway, stands a boxy hay-coloured building set in the dense clay earth of Awkuzu town.

For more than 10 years, it has been at the centre of incredulous tales of torture and extrajudicial killings in this part of southeastern Nigeria’s Anambra State – tales that have spread beyond the region and across the country. Throughout the building’s dark history, blood stained its floors and guttural screams from those detained there rang out deep into the night.

Today, a gloomy aura hovers over the building as cars and pedestrians pass by.

The building originally belonged to the local chapter of a national political party set up during one of Nigeria’s military regimes in the early 1990s, but was later converted to the local headquarters of the police force’s Special Anti-Robbery Squad (SARS). Although SARS was disbanded on October 11, 2020, after nationwide protests against it, the building is still used by the Nigerian Police Force.

Popularly known as “Awkuzu SARS”, people in the area say it was not a normal police station. Some describe it as the most brutal in Nigeria. There is a saying about Awkuzu SARS that captures the station’s chilling reputation: if you’re taken there, you may never come out.

Protesting for her brother

In early October 2020, thousands of young Nigerians began pouring onto streets across the nation to demand the Nigerian government dismantle SARS. Twenty-five-year-old Obianuju Iloanya felt compelled to join them. The NGO worker wanted to speak out for her older brother, Chijioke Iloanya, who was 20 years old when police officers arrested him in November 2012. He was handed over to Awkuzu SARS and has not been seen or heard from since.

Many detained at SARS Awkuzu Anambra state have disappeared. Iloanya Chijioke is one of them. He was last seen in November 2012. #InternationalDayoftheDisappeared #Nigeria #SARS #DSS pic.twitter.com/BhfD181men

— Amnesty International Nigeria (@AmnestyNigeria) August 30, 2020

SARS was a tactical police unit created in 1992 following a spate of crimes in Lagos. Before the head of the Nigerian Police Force announced the unit would be dissolved in response to the #EndSARS protests, it had operated in all 36 of Nigeria’s states and in the federal capital, Abuja. Rights groups had long accused it of carrying out unlawful arrests, extortion, rape, torture and murder.

“The police are the true criminals of Nigeria,” Obianuju says, sitting in the corridor of her family’s quaint bungalow set on the edge of a sandy, unpaved road in Anambra State.

Obianuju continues, determined to speak through her frustration. “What is this? What is the worth of human life in Nigeria? What do you have to do to not be killed?”

Obianuju Iloanya says her brother Chijioke was a victim of police brutality

She marched alongside #EndSARS campaigners in Abuja, where she has lived since 2018 after graduating from university. She stood in front of the crowds shouting “End SARS” into a megaphone. Armed young men later ambushed protesters with clubs and knives.

In horror, Obianuju watched the mob running towards them, clenching their weapons. She also saw government security agents.

“They used water cannons on us while throwing tear gas on us,” she says with a sigh of exasperation. “I was in the eye of the storm and I was really scared. I know the Nigerian government; they don’t play nice.”

But she had already resolved to be there – for Chijioke. At one point, she even laid her body flat in the middle of a street in Abuja’s Asokoro district, directly in front of the headquarters of the Nigerian Police Force.

What happened to Chijioke?

Meanwhile, about 450km (280 miles) south of Abuja, more protesters gathered in Obianuju’s home state of Anambra to condemn the local Awkuzu SARS.

Obianuju grew up in a community less than 25km (15 miles) from the post. Throughout her childhood, she shared a bedroom with her two sisters. But she had a special bond with her older brother Chijioke. The two were so close they told people they were twins. She never imagined her brother would end up inside Awkuzu SARS.

Chijioke Iloanya, born in 1992, was waiting to start university at the time he was arrested

Over the course of three days in November, Al Jazeera met with the Iloanya family – father, Emmanuel; mother, Hope; son, Ebuka; and daughters, Kosisochukwu and Obianuju – in their hometown, where they recounted what had happened to Chijioke.

On the evening of November 29, 2012, Chijioke Iloanya went out to a small party in the courtyard of his friend’s flat to celebrate the birth of the friend’s first child.

He was popular in the community. People knew him by his nickname – 50 Cents, an ironic nod to the American rapper because he was not a huge fan of his music. He was more interested in fashion, with a particular fondness for stylish shoes.

“Chijioke was a shoe guy,” says his older brother, 30-year-old Ebuka, smiling. “He was into Converse, sneakers, sportswear, all-purpose shoes. He even taught me about shoe fashion. He can even dress up on a non-eventful day and just be shining with his shoes.”

That day, he was wearing a sleek pair of dark brown sneakers, a white polo shirt beneath a long-sleeved shirt and jeans.

The party was in the town of Ajali, 40km (25 miles) southeast. At the time, stories about police officers, particularly from SARS, busting into beer parlours, hotels and outdoor gatherings to arrest people were rife.

But Chijioke went out anyway and at about six in the evening, his mother called him on his mobile phone to ask why he was out past the family’s curfew. Hope is a conservative woman who does not like her children out after sunset, and she had good reason to be worried. The streets were not safe. Armed groups were kidnapping people in the oil-rich Niger Delta. Violence between gangsters and cultists led to dead bodies being left on roadsides and fields across the region. Police officers were busting fraudsters for duping people on the internet. Hope, like many parents, was on edge.

Chijioke assured her that he was on his way back home. He was going to hop on a bus, he said. But he never made it to the bus stop.

“That was the last we heard from him,” says Obianuju, shrugging her shoulders. She speaks in a matter-of-fact tone, trying not to cry. “The next thing, we got a call from some guy telling us that the child dedication was raided and that the boys were arrested by the police.”

Chijioke’s father, Emmanuel, and his sister, Obianuju, at the family home

Officers from the Ajali police station had crashed the event that night, arresting a few people including the landlady of the apartment building and the mother of the newborn child.

The following day, Hope went to the Ajali police station and tried to bail her son out but the officers said she could not because she is a woman. She called her husband. The police prepared to transfer Chijioke to Awkuzu SARS.

“When my dad heard, he got worried because Awkuzu SARS is a terrible place, it’s a very scary place to be,” says Obianuju. “Awkuzu SARS is known for killing young people. It’s very rare for a young person to be arrested by Awkuzu SARS and they’ll be out alive or still complete. You can lose a limb or something before you’re out,” she explains.

Emmanuel, a stout man with a husky voice and a relaxed gait, says he and his wife went to Awkuzu SARS looking for their son that same day, but the authorities told them Chijioke was not there. When Emmanuel and Hope went back the next day, they saw their son being led to a cell. They yelled his name and Chijioke looked at them.

Emmanuel pleaded for the police officers to tell them what their son had done to warrant being arrested.

“But the SARS people chased us out of that place,” he says, adding that the then-commander of Awkuzu SARS, James Nwafor, the chief superintendent of police, pushed his wife.

Emmanuel and Hope went back to the Awkuzu SARS several times that week to speak to Nwafor, Obianuju explains. Nwafor told them that he had already killed their son and there was nothing they could do about it, she says. Hope fainted and Emmanuel took her to the hospital.

“That was what prompted my parents to go to the commissioner of police,” Obianuju says.

The then-commissioner of police of Anambra State, Bala Nasarawa, supervised police activities across the state. Emmanuel says that he and his wife went to see him and told him about what had happened to Chijioke, but nothing came of it.

Emmanuel and Hope Iloanya, married in 1989, have made multiple attempts over the years to find their son Chijioke

Emmanuel and Hope tried to believe that Nwafor was bluffing about killing their son and that he was still alive.

“When he disappeared, we went everywhere. We spent everything looking for him,” Hope says. Her face stiff with grief, she speaks at a slow, measured pace, with long pauses. They spent the next few years going to other SARS police posts and seeking help in different states across Nigeria.

They went looking for lawyers who could help them and asked activists to speak out about their case. But they could not get any leads. There was no court hearing. The police never presented an official charge to the Iloanyas and never went to their home to investigate – not even informally.

They heard of former detainees being freed after their families allegedly paid the police.

Ebuka, who says he first started hearing about Awkuzu SARS in around 2007 and for a while was hesitant to even go near the building, is sitting on the edge of an armchair in the living room. His eyes grow wider and his voice gets louder as he says, “When someone you know is being arrested by Awkuzu SARS, if that person comes back it’s a miracle, total miracle.”

So, the Iloanya family started praying for a miracle. But they had to pay for it first.

Emmanuel and Hope struggled to raise money. A part-time real estate agent, Emmanuel sold properties worth at least $90,000, receiving 5 percent commissions on them. He used the funds to pay legal advisers and pastors who promised to pray to God on their behalf for a miracle. They also paid police officers loitering outside the Awkuzu SARS post to go in and find out if Chijioke was there. That never yielded any solid information.

“After paying all these things you realise how much you have spent,” Emmanuel says.

With the financial demands growing ever greater, Emmanuel and Hope could barely cope. Emmanuel began to consider the unthinkable – selling the plot of land where his daughter Peace was buried after she died mysteriously in 2010.

Double tragedy

Emmanuel and Hope have been married for 31 years. Attracted to “her beauty and character”, Emmanuel fell in love with his wife the first time he saw her, he says. He built a modest three-bedroom bungalow in Hope’s hometown in Anambra State. There, they raised their children: Ebuka, Chijioke, Obianuju, Peace and the last born, Kosisochukwu.

They lived a middle-class lifestyle. Hope ran a small canteen on a busy road not too far from the house. She cooked rice dishes and hearty soups for a steady stream of customers. Emmanuel, an electrician, went out to look for work installing and repairing house wiring. They earned just enough money to keep everything going and made sure all their children went to school.

Obianuju and Peace had just returned home from school together one day in March 2010 when Peace started complaining that she was hot. She went outside to splash cool water on her body. But then she started gasping for breath and, all of a sudden, slumped over. She was 13 years old and had no known health problems. Her parents rushed her to a hospital but the medical professionals told them Peace was dead. They did not believe it so they carried her body to another hospital. The health workers there told them the same thing. Emmanuel and Hope took their daughter to a third hospital hoping to hear something different.

But Peace was gone.

A framed photograph of Peace Iloanya, who died in 2010 when she was 13 years old

They brought her body back home and laid her on the floor. Chijioke was beside her holding her hand. Hope sat praying beside her little girl all night. Emmanuel looked at Peace’s still figure as it grew colder.

“I think that’s the only time I’ve seen him cry,” Obianuju says.

Emmanuel chuckles sadly.

“That was the first time he had lost control as a dad,” she remarks.

“My favourite,” Emmanuel says, remembering how Peace’s face and stature resembled his mother’s. “When she was born, I thought she was a reincarnation of my mother.”

They buried Peace on a plot of land that Emmanuel had inherited from his father.

Hope started seeing a therapist to help her cope with the excruciating pain of losing her daughter.

“I was just recovering from the shock of losing Peace when Chijioke’s case happened,” she says, the corners of her lips turned downwards in a deep frown.

Chijioke’s arrest, two years and eight months after Peace died, threw the family into shock, again, and forced Emmanuel to make a tough choice: sell Peace’s burial ground to pay for Chijioke’s release or find another way to get enough money. Emmanuel brewed over the dilemma and finally decided to sell it for 5 million naira ($31,847) and offered 3 million naira ($19,108) to the police. He says they told him it was not enough.

Emmanuel does not want to say anything more about it. It is a painful topic for him.

Emmanuel regrets selling the land where his daughter Peace is buried

“It was a double tragedy,” Obianuju says as tears slip down her cheeks. “Cause it was like we sold Peace to get Chijioke and we didn’t get either.”

Many Nigerians perceive the police force to be the most corrupt institution in the country, according to 2019 reports from a local legal rights advocacy group and Transparency International.

Obianuju says that in Nigeria, justice is bought by the highest bidder.

“Rich people in Nigeria do not have these kinds of tragedies,” she says. Her father grunts in agreement, his thoughts turning to Aliko Dangote, the Nigerian billionaire tycoon and the wealthiest man in Africa.

“If I’m rich like Dangote, nothing will happen to my son,” he says.

A river of bodies

In January 2013, Emmanuel heard about something that stirred his hope – dead bodies in a river.

That month, local communities were abuzz with disturbing news that more than a dozen bodies had been found floating in the Ezu River, a tributary of West Africa’s longest, the Niger.

At the time, police cited at least 18 corpses, but local human rights activists put the number at between 25 and 50. They claimed that Awkuzu SARS was responsible for the deaths, alleging that the victims were suspected to be members of a controversial ethno-nationalist secessionist organisation, known as the Movement For the Actualisation of the Sovereign State of Biafra (MASSOB), which was calling for the southeastern region to break away from Nigeria and form a new country called Biafra.

MASSOB members, accusing the federal government of historically marginalising southeastern Nigeria and discriminating against people from the region, were being arrested and executed after repeated clashes with police and allegedly attacking officials. The founder had been charged with treason.

Reporters and townspeople flocked to the river to get a glimpse of the decomposing bodies. Emmanuel could think of only one thing: Chijioke.

The Ezu River, where, in January 2013, more than a dozen corpses were found

Emmanuel jumped into his green 1996 Mercedes-Benz 230, started the engine and drove the 10 minutes to the river.

When he got to the muddy bank, other people were there, too, trying to see if they could recognise any of the bodies. Emmanuel took off his shoes and waded into the water. He began flipping over bloated corpses. He did not pay much attention to the faces – they were already rotting. He was looking for a dull scar that Chijioke had on his chest, something like a birthmark.

He wanted his son’s body. He desperately needed a body to put into the ground. He needed the body for closure. The body was essential. His Igbo culture demands a body. He wanted his son’s spirit to rest in peace. He wanted the ancestors to know that he had carried out the proper burial rites. He was looking for his son’s body in a river of decaying bodies, turning over the corpses one by one until there were no more to turn.

Emmanuel left without his son’s body.

A family mourns in silence

With Chijioke gone, the Iloanyas decided to keep his story to themselves. They did not bring it up with people outside the family. Still, some people heard gossip about Chijioke being an armed robber and stopped visiting the family. In Nigeria, families whose loved ones are taken by law enforcement officials often experience a deep shame, even when the person is innocent. There is a stigma associated with having your relative arrested and the Iloanya family felt it.

So they kept quiet, year after year, as Chijioke never came back.

“So you start asking me, ‘How is your brother’? ‘He’s fine.’ ‘Where is he?’ ‘He’s no longer in the country,’” Ebuka says. “That’s what I normally tell people. It’s just a way to tell them to leave me alone.”

They have tried to move on with their lives: go to work, keep the house clean, watch television. But there is sadness and they have each had to find a way to live with it.

‘I cannot say for sure if he’s alive. I cannot say for sure if he’s dead,’ Emmanuel Iloanya says of his son Chijioke

For Emmanuel, going out to socialise with people in the neighbourhood helps him.

“Whenever, I’m alone. I’m not comfortable,” he says.

The day the police rejected the money he had offered after selling his daughter’s burial ground, Emmanuel went home with thoughts of regret, hopelessness and frustration tormenting his mind.

Ebuka shared a bedroom with Chijioke for almost 20 years. They went to the same schools. Like millions of Nigerians, they followed the British Premier Football League and Chijioke, a Tottenham fan, used to tease Ebuka whenever Manchester United, his favourite team, lost a game.

“You have a brother and all of a sudden, you don’t have a brother.”

Ebuka, two years older than Chijioke, said his brother could light up a room with his charming personality

Obianuju says she and Chijioke were always together. They shared secrets. He covered for her whenever she did not do her household chores. Whenever she eats something salty these days, she thinks of Chijioke. He used to sprinkle extra salt on his food. It is these sorts of memories that Obianuju battles with.

She got angry at God, disappointed by Peace’s death and again, for what happened to Chijioke.

“It’s difficult for me to reconcile that with my faith. The Bible says whatever you ask of God, he will do for you … why should I be praying for justice when it should be a basic thing?” she asks. She admits that she turned away from God.

A mother’s despair

Obianuju and Ebuka say that of all the people in the family, it is their mother, Hope, who is having the hardest time.

Hope had finally crawled her way out of misery after Peace died. But what happened to Chijioke pushed her back in. She stopped going to social events and even avoided going to the market because she said people would point or look at her sympathetically.

“I just went inside and locked myself up,” the exhausted 53-year-old explains.

Hope has found it difficult to cope since her son Chijioke disappeared

A devout Christian, she searched for God. She continued to go to church, but even there, she would think of Chijioke, who played drums for the church’s band.

Hope went deeper into her spirituality and fell into a frantic ritual of looking for prophets to help bring Chijioke back, taking photographs of Chijioke to altars, paying offerings, fasting and praying for hours at a time. She hopped from one evangelical ministry to another, across states. She went as far as Lagos, Nigeria’s commercial hub more than 500km (310 miles) away, to visit Synagogue Church of All Nations, known across Africa for its charismatic televangelist TB Joshua. Obianuju clenches her jaw and furrows her eyebrows when she remembers this. She believes pastors exploited her mother.

“I took them as frauds. Because there’s no reason why you should be lying to a woman who is looking for her child and you say that you would pray today and in 30 days a miracle would happen,” Obianuju says. “You just take money from her.”

Hope paid less attention to her canteen. At times, she could not muster the strength to go to work, so the business suffered. She is hardly making any profit now and has lost customers. Some days, she shuts down, staying in the house and barely speaking. She is running on auto-pilot: wake up, pray, bathe, make breakfast, maybe go to the shop, maybe not, cook, come back home, sleep. Her face is patched in shadows and fine lines cut into her skin below eyes that weep with sorrow.

Her husband and children are trying to help her. But they do not quite know how.

“Most nights, you wake up and you see her crying,” Ebuka says.

The Iloanya family, from left to right, Ebuka, Obianuju, Emmanuel, Hope and Kosisochukwu have been searching for answers since Chijioke disappeared

Inside Awkuzu SARS

“Welcome to Hell Fire” was what Justin Nwankwo saw etched on a wall in black paint when he entered Awkuzu SARS.

In August 2013, Nwankwo was arrested from a popular hotel where he worked as a manager, along with the hotel’s owner and some of the staff. Nwafor and his officers had found a gun and two human skulls inside one of the guest rooms. Founded on fears over a 1996 case of an adolescent boy being beheaded in a hotel in a neighbouring state, the police discovery sparked rumours around town that the staff in the hotel were engaged in sacrificial killings.

Nwankwo spent 81 days in Awkuzu SARS, a “human abattoir” he calls it. He says towards the back of the station across the open courtyard, there is a torture hall with odd-looking metallic rings and bars hanging from the walls.

“I was hanged. I was beaten. Guns were sporadically shot around me … they used their boots to hit my scrotum,” he tells Al Jazeera. He saw people shot dead in his cell and heard inmates screaming for their mothers and fathers.

Nwankwo, who is now a university lecturer, said he passed out several times in the torture hall before he was taken to Cell 5, which is behind the counter near the entrance. It is known to be the worst cell.

Nwankwo drew a sketch of what the inside of the station looks like, noting that there are five cells in total. He says Cells 5 and 4 are pitch-black. Cell 3 is adjoined to 4 by a wall. Cell 2 is for women. Detainees in Cell 1 are usually asked to clean up the blood in the torture hall.

Justin Nwankwo’s sketch of inside the Awkuzu SARS police post

When he was released after receiving bail from a high court, he went for a medical checkup which revealed that he had internal bleeding, a ruptured scrotum and infections.

Human rights organisations have documented accounts of torture in Awkuzu SARS that corroborate Nwankwo’s.

The sister of a 27-year-old university student told Amnesty International that when she saw her brother two days after he was taken to Awkuzu SARS, he was limping, looked sick and had injuries on his shoulder, legs and torso. She said he told her that he was beaten, hung from a rope and forced to say that he was an armed robber.

“They took me to the back of the building and tied my hands to the back. They also connected the rope to my legs, leaving me hanging on a suspended iron rod,” a 33-year-old fuel attendant told Amnesty after he was imprisoned for two weeks in Awkuzu SARS in January 2015.

A trader narrated his account to Human Rights Watch: “They brought me out around seven and started tying a tube around my arms from my hand to my shoulder. After six hours they loosened it. They then tied my hands behind my back and put a cane through my arms, put two blocks on my back, and hung me for around two and a half hours.”

Civil rights campaigner Emeka Umeagbalasi of the International Society for Civil Liberties and Rule of Law has studied police brutality in Nigeria for years and attributes it to several factors.

“Crude and unprofessional policing,” he says. “The Nigerian police has continually adopted the policing of the yore, the policing of the Stone Age.” He also blames corruption, describing the Nigerian Police Force as a commercialised institution.

Nkiruka Ugochukwu agrees that police officers in Nigeria are after money. She believes that was why her 32-year-old son, Chimezie, a successful Angola-based businessman, was arrested in 2016 and taken to Awkuzu SARS. He had travelled from Angola back home to Anambra to see her and pay her hospital bill when she was unwell. But, days after he had arrived home, Ugochukwu found out that her son was missing. The police said he was driving a stolen Toyota Sienna minivan, even though an investigation proved that he had legitimately bought the car, Nweke Nweke, a local crime reporter who closely followed the story, tells Al Jazeera.

Ugochukwu, like many parents whose children were taken to Awkuzu SARS, never saw her son again. People have told her that he is dead, but she is not convinced.

“My spirit has not told me that my son is dead,” she says with a firm nod of her head.

Nkiruka Ugochukwu holds a newspaper clipping of her son’s story. She believes he is still alive

Ukamaka Obasi, another mother, knows that all three of her sons are dead. They were allegedly killed in Awkuzu SARS between 2012 and 2014. The oldest, Ebuka, was 20 years old, when he was arrested in June 2012 and accused of being a MASSOB member; Obiora was arrested in August 2013 and accused of being pro-MASSOB. Chibuike, the last one, was accused of armed robbery.

Obasi had called Nweke to help her find out what was going on with her sons. Nweke, who knows his way around the Awkuzu SARS station, went there and saw Chibuike hanging from a rope.

“Somebody were drawing him, as if they were drawing water from a well,” Nweke says. He has been on the crime beat for 38 years and has investigated countless cases of police brutality. He says that Obasi’s case is one of the saddest he has ever heard.

When the first of her sons was arrested and confined in Awkuzu SARS’s dreaded Cell 5, Obasi says she went regularly to buy food for him to eat. After about two weeks of going to pay to make sure he got food, one of the officials told her to stop bringing money because he “has travelled”.

“They use the word, ‘travel’. That they have ‘travelled’ him. That’s the language they use. Immediately, once they say they’ve ‘travelled him’, we know . That’s SARS,” Nweke explains and confirms that officers had also told him, as someone who was following the case, each time one of her sons had died.

Obasi says the same happened with Obiora and again with Chibuike. Each time after she brought money for their food for a few days, an official told her that there was no need to keep coming because the son she was feeding was already dead.

Ukamaka Obasi’s story of losing three sons, allegedly to Awkuzu SARS police officers, was picked up by a local newspaper

Obasi has no living children now. At night, she says she hears them calling out to her in her dreams. Her husband could not handle the blow of losing all his children and went to his ancestral village to get away from it all, leaving her alone in the city to sell fruit and nuts on the street.

Breaking the silence

The Iloanyas had not spoken in public about Chijioke’s case for years, but in 2019, Obianuju broke the silence.

“I told myself I will no longer be held back by this culture of shame. If it will lose friends for me, then that’s fine. But now, I’m going to talk,” Obianuju explains.

She had just watched When They See Us, the award-winning American crime drama mini-series based on the true story of five innocent teenage boys charged with attacking a woman in New York City. She said the programme triggered her. It premiered in May 2019, and a month later, she went on Twitter to post her very first tweet about Chijioke. It was a six-part thread that would be the first of many.

“November 29th 2012, I got a call that #Sars arrested all the people that went for the child dedication at Ajali that day. Mum told you not to go but you insisted he was your friend’s first child. Where are you brother? We miss you? #WhenTheySeeUs #ENDSARS”

“It’s closure that we want. We simply want to know if Chijioke is alive or dead. If dead, why? We want answers. 7 years is a long while but we won’t stop asking for answers. We won’t lose hope. #WhenTheySeeUs #EndSARS”

In July 2020, James Nwafor, who headed Awkuzu SARS when Chijioke was arrested, posted a tweet about the case. It was the first public statement.

“The name of the deceased suspects are Chijioke Iloanya and Ebuka Okeke. The filling station they robbed is Cabard filling station…”

Obianuju Iloanya reads a tweet from James Nwafor, former police commander

The Iloanya family said they had never been told that Chijioke had been charged with robbing a petrol station. After years of waiting for some kind of information, Obianuju says she had to accept that her brother could really be dead. But she says Nwafor’s tweet also revealed that her brother may have been a victim of extrajudicial killing, due to Nwafor’s reference to “deceased suspects”.

“It means they were arrested, so what happened after the arrests that they became deceased?” she asks. “My brother was murdered in cold blood without access to justice. He was not given an opportunity to defend himself.”

Nwafor’s message raised more questions. The Iloanya family wants answers. Obianuju has taken charge of leading her family’s quest for justice for Chijioke.

She is not the only one. Across Nigeria, other families are breaking the code of silence. In response to the #EndSARS protests, 29 of Nigeria’s 36 states reportedly announced the creation of judicial panels, inviting the public to submit petitions on police brutality and extrajudicial killings. In Anambra State, to date, more than 310 petitions, including the Iloanyas’, have been submitted to the panel since it opened in mid-October. Nwafor’s name appears multiple times in the majority of them, Chijioke Ifediora, a member of the panel, confirmed to Al Jazeera.

Members of the Anambra State panel of inquiry on police brutality

Nwankwo also testified at the panel. He is demanding 50 million naira ($131,578) in compensation as well as a public apology from the Nigerian Police Force and for the state government to officially clear his name.

Nweke, the veteran local crime reporter, hired a lawyer to submit petitions on behalf of Ugochukwu, the mother whose Angola-based son was charged with driving a stolen vehicle, and Obasi, the mother of three sons who died after being taken to Awkuzu SARS.

On November 19, Emmanuel Iloanya appeared before the panel to testify. He told the story of what happened to Chijioke. He is demanding 150 million naira ($395,778) in compensation, but says nothing can ever bring back what he has lost.

“I have spent what this panel can give me, I want justice. Let the government bring these policemen here to tell me what my son did,” he said at the hearing.

The panel summoned Nwafor and the current inspector general of the Nigerian Police Force. Neither of them showed up.

Instead, the police submitted to the panel a document about Chijioke’s case. It stated that after interrogation, Chijioke confessed that he was an armed robber and had escorted police officers to his hideout in January 2013. There, criminals opened fire on the police and Chijioke was struck by a bullet and died in hospital.

The Iloanyas were shocked to hear this new information. “I’m just tired,” Obianuju says.

Nwafor is facing intense public scrutiny. The years of allegations against him are coming to bear.

This Akwuzu SARS unit and their commander should be charged at The Hague with crimes against humanity for the systematic torture and murder of so many innocent people.@amnesty @hrw #EndSarsNow

— Gesare Chife (@gechife) October 16, 2020

James Nwafor, we have not forgotten about you. You’re a murderer & you brought sorrow to countless families. You must pay for your crimes. You might be free cos you’re being protected but you’ll never be really free. Arrest & charge him with all other indicted officers #EndSARS pic.twitter.com/uAU6vkz06k

— Odogwu (@BigChiefDamian) December 22, 2020

Anambra State residents say he was behind the most heinous abuses carried out at the Awkuzu SARS station when he led it from 2012 to 2018.

When he retired in 2018, the Anambra State government hired him as a security assistant to the governor. At the height of the #EndSARS protests in Anambra, campaigners stood in front of the governor’s office until the incumbent came out and told them that Nwafor’s appointment had been terminated.

Since then, Nwafor has been laying low, away from the public eye. But, people are looking for him. There was a WhatsApp group created to announce a reward for anyone who sights Nwafor. Al Jazeera made numerous attempts to communicate with Nwafor. He responded to say that he could not speak to the press.

Nwankwo describes Nwafor as a “pathological killer”. “He’s nearly insane,” he says, explaining that if Nwafor even touches his gun, it is because he intends to fire it at someone. “He cannot bring out his pistol and it return back without sounding,” he says.

Nweke accuses Nwafor of sending assassins to try to kill him on account of his numerous reports on police brutality.

“A lot of people are afraid of Nwafor,” Ebuka says. “The killing is too much. If it’s just arrests and bailing, people may not actually be talking about it. But it’s the killing and the brutality.”

With Nwafor out of sight, #EndSARS campaigners made their way, en masse, to Awkuzu SARS on October 16. Ebuka was there, surrounded by hundreds of other young people. They came from various parts of Nigeria’s southeastern region, gathering in the Anambra State capital of Awka to commute in convoys for the 35-minute drive to Awkuzu.

Live in Awka, Anambra State. We are not here to joke. Currently on our way to Awkuzu SARS. #EndSARS pic.twitter.com/qPxhCywpCi

— Chima Ihueze (@IhuezeMD) October 16, 2020

When they arrived at the station, townspeople went out to join the protesters and their numbers swelled. Music celebrities were also in the crowd along with private security agents to protect the gatherers. For many people, it was the closest they had gotten to the station that they had heard so much about. The campaigners shouted and demanded that someone come out and address them. Their chants of “No More SARS” grew louder and louder until shots rang out.

Right at Awkuzu Sars station. Shots fired but don’t think anyone was hit. Tear gas everywhere. #EndSARS #EndSWAT pic.twitter.com/Pz5guuCqKy

— Love of her life (@ChibuikePeters) October 16, 2020

No one was killed, but Awkuzu SARS police officers had come out and started firing. The youngsters ran for their lives. Ebuka went around helping people who had fallen before finally leaving the scene. His mother never wanted him there in the first place.

Steps towards reform?

The #EndSARS protests are considered to be the largest youth-led campaign against the Nigerian Police Force in the country’s history. Young Nigerians galvanised to confront an institution perceived as one of the worst in the world. Nigeria’s police force had the lowest score of 127 countries in a 2016 index that looked at how the police enforce the law, follows due process, deters corruption and is viewed by the public and other factors.

“I think we’ve really witnessed over the last years, deep-seated inaction from the authorities. There’s been no political will to look into this institution,” Anietie Ewang, the Nigeria researcher for Human Rights Watch, told Al Jazeera’s Inside Story.

The government called for psychological evaluations for officers from the now-defunct SARS and created a SWAT police unit.

But the police insist that they, too, are victims, overworked, underpaid and then targeted when armed men took over the streets in the aftermath of October’s #EndSARS protests.

“We came under sordid attacks by some hoodlums and criminal elements. Our stations were attacked and burned. Some were vandalised,” John Abang, the commissioner of police for Anambra State, tells Al Jazeera.

“Some officers paid the supreme price,” he says. “Of course, we’re human. We have parents, too. We have wives, we have cousins, we have nephews.”

Anambra State commissioner of police, John Abang, says that while every officer must observe human rights, some have had their own rights violated by Nigerian civilians

The Anambra State police command’s public relations officer, Haruna Mohammed, showed Al Jazeera a gory video on his mobile phone of a man on a motorbike holding the decapitated head of a police officer, who was later identified as Inspector John Okoh, as people rush around him to look at it and snap photos.

Abang, who took over as the state police commissioner in 2019, says he has heard stories about Nwafor but cannot comment on them and trusts that the judicial panel will handle the allegations. However, he credits Awkuzu SARS for tackling violent crime in Anambra State.

“There was a time in this state when kidnapping was a regular occurrence. Every other day, individuals were kidnapped for ransom, some were gruesomely murdered in the bushes even after collecting ransom,” he says, adding that commercial banks used to operate between eight in the morning to one in the afternoon for fear of being robbed.

“But SARS rose to the occasion and today, I can say that for several years now, the issue of kidnapping in Anambra State, like other states in the southeast, has been brought to a very bare minimum.”

Awkuzu SARS is now defunct and the building is in the service of the Anambra State Criminal Investigation Department of the Nigerian Police Force.

Praying for closure

It is about 6.30am on a Sunday morning in November and the Iloanya family is waking up. Emmanuel, Hope, Ebuka, Obianuju and Kosisochukwu shuffle into the living room. They come together to pray. It is a daily family ritual.

Outside, a gentle Harmattan breeze blows around the frame of the small house. The sun has not come up yet and the room is dim. The leather couch cushions sag under sleepy bodies. The family starts with a rhythm, clapping their hands in unison. Then, they sing a spiritual song in the Igbo language:

N’ụtụtụ, eji m ekele ya. N’ihu onyenwe m n’abalị, ka m kwere y ana nkwa. (In the morning, I greet Him. Before my Lord in the night, I promise him.)

Obianuju sits on a couch below the window, keeping her voice low. She has found her way back to God, in her own way. She is now able to spend more time with her family because she no longer has a job back in Abuja. She says she felt that her boss was pressuring her to quit, uncomfortable with Obianuju’s prominence in the #EndSARS movement. Obianuju says she is happy that she left and that on grounds of principle, she refuses to work with someone who opposes her advocacy for her brother. Losing her job is not the only price she is paying for her activism. Like other #EndSARS protesters, she believes the Nigerian federal government is following her.

“They’re now tracking us to kill us,” she says.

One protester told Al Jazeera that government agents ransacked his home and office. Some snuck out of the country. Others found their bank accounts blocked. The Central Bank of Nigeria claims that accounts were being used to “finance terrorism”. Obianuju uses a VPN to browse the internet, travels in secret and when she is back in Abuja, stays with friends. But she says she will be fine. A political science graduate, she is looking for a scholarship to pursue a master’s degree and wants to work in human rights or civic engagement.

After years of never speaking in public about Chijioke, Ebuka finally did. He went to a nighttime candlelight service during the #EndSARS protest where gatherers spoke the names of people who had died.

When the announcer on the stage said “Chijioke Iloanya” hundreds of people responded: “We remember!” Ebuka’s voice wailed above the others, trailing just a little longer. He stood up in front of everyone and told them his brother’s story.

“I don’t know what happened to me that night,” Ebuka says, still overwhelmed with emotions. “I was just saying anything without holding anything back.” He says that night freed him.

Nonetheless, he is still angry and wants to leave Nigeria. After Nigerian soldiers fired shots during an #EndSARS protest in Lagos on October 20, now known as Bloody Tuesday, young Nigerians went on social media to vent their frustration with the government; many said they want to move abroad. Ebuka, a psychology graduate who works as a part-time driver and a DJ, wants to leave as early as possible to “any place that is not Nigeria”.

Emmanuel will stay. His family needs him and he needs them. He says they are “the back of his bone”. He is immensely proud of Obianuju for taking initiative in the family’s journey for justice.

Hope looks in a mirror as her daughter Obianuju styles her hair

In the morning prayer session, Kosisochukwu sings in a dainty soprano voice, closing her eyes, sitting next to Ebuka. At 20 years old, she is the youngest in the family and has been helping her mother, Hope, in the canteen when not attending university classes. Hope still needs all the support she can get from her family. She says she wants to be strong and healthy, for whenever Chijioke comes back, but at the same time, she is beginning to think that he may really be dead. She just wants closure; they all do.

She is going out more these days. Her children hope it is a sign that she is getting better. The previous day, she went out for a social event, dressed up in a scarlet blouse with gold embroidery and a matching skirt of George fabric. She put on a pair of drop earrings and even cracked a smile when Obianuju stood behind her, plaiting a braid down her back. Mother and daughter looked at the mirror together, sharing a tender moment.

Hope leads the family to recite Psalms 23. “The Lord is my shepherd. I shall not want …” And when it is over, Hope, her eyes bloodshot and puffy from crying earlier, does what she does every morning: she says his name.

Chijioke’s face looks down from fading photos leaning on the far wall of the living room above the television set.

Behind the parlour, the sunlight begins to stream into the corridor, pouring light into the dark rooms. One of them is where Chijioke used to sleep. After his arrest, Hope locked up the room and kept everything in its place for when he returned. No one was allowed to go in, except to clean it. She did not want people messing with his stuff, so his bedroom stayed put throughout 2013, 2014.

Then in 2015, Obianuju, Kosisochukwu and Ebuka decided among themselves that it was time to give the room to Kosisochukwu because no one was using it and she needed her own space. But Hope was not ready. So the room remained still from 2016, 2017, 2018. Hope was finally ready to give up the room in 2019. The family started the difficult process of giving away Chijioke’s belongings. They gave them to neighbours, cousins, people in need. His clothes, hats, textbooks – they gave practically everything away. There is hardly anything left of Chijioke’s now, although last month, Obianuju found a plaid shirt and a belt.

His beloved shoes are gone.

#humanrights Read full article: https://expatimes.com/?p=17094&feed_id=29860 #africa #features #humanrights #nigeria #police

[benrleeusa]

[John K. Ross] Short Circuit: A Roundup of Recent Federal Court Decisions

Prolonged hostilities, threatening to complain about the police, and officers who don't turn on their recording equipment.

Today the Puerto Rican Supreme Court overruled a 20-year-old precedent and rejected a challenge to a program that will allow up to 10,000 students a year to obtain gov't scholarships to use at private and public schools. Read more here.

More news from Puerto Rico: Puerto Rico saca "F" en sus leyes de expropriación. Which is to say that an IJ report on Puerto Rico's eminent domain laws finds serious shortcomings that give officials vast power to seize private property for virtually any reason. Click here to read it (in English or Spanish).

In 2001, Congress authorized the president to detain enemy combatants without trial for as long as hostilities continue. Gitmo detainee captured in 2001: The war in Afghanistan has gone on so long that it's essentially a new, different war; the authority to detain me has thus lapsed. Also, the courts need to impose some kind of limits on these detentions. D.C. Circuit: Not so.

State police pull man over near Harrisburg, Penn. for staying in left lane longer than necessary to pass vehicles in right lane. He's driving a rental, and his name isn't on the rental agreement; police search the car without a warrant, telling him they don't need his consent. Third Circuit (2017): No need to suppress the evidence. SCOTUS (2018, unanimously): Reversed. Drivers have a reasonable expectation of privacy in such instances. Third Circuit (2018): But the officers complied in good faith with precedent in effect at the time of the search, so convictions affirmed.

Cigarette company buys tobacco distribution business, hires its former owners to continue running things. Yikes! The distribution business is something of a "Trojan Horse." The ATF funds part of it, and the former owners are longtime confidential informants (who helped nail over 100 cigarette traffickers and generate tens of millions of dollars in forfeitures). Cigarette company: The former owners overvalued their business's assets thanks to the ATF funds and otherwise violated their agreements with us in a bunch of ways. District court: The informants were de facto federal agents, so you have to sue the feds instead. District court (with new judge after original judge retires): Nah, you can sue the informants. Fourth Circuit: You can't reconsider a decision like that. The feds are indeed the proper defendants.

Last year, the Fish and Wildlife Service issued a permit for a new 600-mile natural gas pipeline project and authorized the pipeline to kill or otherwise harm several endangered or threatened species (including the clubshell, the rusty patched bumble bee, the Madison Cave isopod, the Indiana bat, and the northern long-eared bat). Also that year, the Forest Service authorized the pipeline to cross the Blue Ridge Parkway, which would affect the scenic view from the road. Fourth Circuit: Both approvals are rescinded.

Allegation: Man who feels he's being wrongly arrested threatens "to make lawful complaints" about Tangipahoa Parish, La. officers. He's charged with threatening, intimidating the officers. Charges dismissed before trial. Fifth Circuit: A state law that criminalizes threatening public employees—including threats to take lawful actions like calling the media, suing an officer, or running against an incumbent—is unconstitutionally overbroad, violates the First Amendment.

Man with no criminal record who's lived and paid taxes in the U.S. for 20 years is ordered deported in 2013, but ICE allows him to remain until 2017, when he's told to leave for good. His U.S.-citizen children sue ICE officials, alleging violation of their right to familial association and selective removal of their father because of his Hispanic origin. Fifth Circuit: We can't consider either claim.

Fifth Circuit: No need to reconsider convictions of Mexican drug cartel leader who, among many other crimes, dismembered a 6-year-old with an axe in front her parents. (Click here for a news story.) Even though many of the crimes were committed abroad, U.S. law can be enforced because the cartel leader directed the flow of drugs into America.

In 2012, Detroit residents approve ballot measure increasing property taxes; the revenue is to go to schools. But wait! In 2016, officials reroute $56.5 mil of it to subsidize Detroit Pistons basketball team. Does Michigan law require the school district to put a new referendum on the ballot to give voters a chance to approve the change? Plaintiffs (one of whom is a prolific, vexing litigant who doesn't even live in Detroit) don't have standing to bring such a claim, says the Sixth Circuit.

Man tells Watford City, N.D. police his sister intentionally drove van over his foot. Police, who witnessed the event, say the man intentionally put his foot under a wheel and arrest the man for making a false statement. Allegation: During which, one officer grabbed him by the throat, and the other used a baton to pry him from a lawn chair, breaking his arm. Eighth Circuit (over a partial dissent): Video is inconclusive; a jury might decide it was an unlawful arrest and/or excessive force.

Drunk driving suspect declines to stand up for handcuffing. Video: A South Dakota state trooper, who has a sizable size advantage, pins the suspect's arms behind him, lifts him up, and smashes him face first into the ground. Eighth Circuit: Could be excessive force.

Cedar Falls, Iowa officer shoots man three times at close range. (He lives.) Officer: He punched me and tried to grab my gun. Man: I can't remember any of it. District court: The officer's testimony is unrebutted; qualified immunity. Man: It'd be rebutted if he'd turned on his recording equipment. Eighth Circuit: No court that we know of has adopted an evidentiary presumption against officers who fail to record; "we decline to adopt such a radical solution" here. Affirmed.

Hot Spring County, Ark. jail officer takes inmate who'd been fighting to ground, breaking the inmate's shoulder. Though the jail is liable for the inmate's medical expenses, officers present him with a form stating he would be liable for the expenses, and then, when he declines to sign it, refuse to take him to hospital for surgery. (He ultimately has the surgery after being transferred to prison.) Eighth Circuit: The inmate is entitled to compensatory damages because the jail refused to provide him the hydrocodone prescribed by the ER, leaving him in severe pain.

Bourbon, Mo. police officer attempts to pull over driver with reputation for fighting police, fleeing traffic stops. The driver flees, drives in the wrong lane even while rounding turns and cresting hills, and then crashes. Video shows him exit his vehicle and walk purposefully toward the officer, who shoots him dead. District court: No qualified immunity. Eighth Circuit: Reversed.

New semiautomatic handguns sold in California must have a pair of safety features (a chamber load indicator and a magazine detachment mechanism) meant to prevent accidental discharges. They must also be able to "microstamp" identifying information on cartridges or shell cases (so as to aid police investigations). Ninth Circuit: None of which offends the Second Amendment. Partial dissent: The microstamping requirement is an effective ban on new handguns, if, as manufacturers allege, they cannot comply with the requirement. Indeed, no new handgun has been sold commercially in the state since it was enacted, which, perversely, has kept guns with the two safety features off the market.

California has long banned individuals from bringing guns on school property—with exceptions for concealed carry permit holders and retired police officers. Recently, legislators removed the exemption for concealed carry permit holders but retained, after "potent" lobbying from law enforcement, the exemption for retired cops. Ninth Circuit: No equal protection violation here. Retired cops could run into an enemy at school and need to defend themselves. Moreover, they have special training in firearms safety.

Allegation: Without provocation, Border Patrol agent in Nogales, Ariz. shoots across the border, hitting teenager about 10 times, mostly in the back, killing him. (The agent is acquitted of murder. Retrial on manslaughter charge is pending.) Ninth Circuit: "Any reasonable officer would have known, even without a judicial decision to tell him so, that it was unlawful to kill someone—anyone—for no reason." The teen's family can sue the agent. Dissent: Courts shouldn't meddle in foreign affairs without direction from Congress, and Congress has consistently declined to fashion a remedy for aliens injured abroad.

Immigration judge orders asylum seeker removed to Mexico, but asylum seeker gets an emergency stay from federal court. Despite an automatic electronic notice of the stay, a faxed copy of the stay from the asylum seeker's lawyer, and a call from the lawyer to the deportation officer on the case, DHS removes the man to Mexico. Ninth Circuit: And he can sue for that.

Allegation: Denver detectives coerce confession they know to be false out of developmentally disabled eighth grader. He's convicted of murder and spends 13 years in prison before pleading guilty to lesser charge in exchange for release. Tenth Circuit: He hasn't shown he's innocent, so he can't sue the detectives for malicious prosecution. But his false arrest claim, alleging detectives misrepresented and omitted important details on the arrest warrant affidavit, can go forward. (Click here for a news story on the case.)

Miami taxicab medallion owners do not have a "property right to monopoly power in perpetuity," says the Eleventh Circuit, citing a trio of IJ cases. Thus, officials did not unconstitutionally take medallion owners' property by failing to block competition from Uber and Lyft. Nor did officials violate the Equal Protection Clause by regulating taxis and ridesharing differently. (Click here for commentary on the ruling.)

In 2016, IJ sued Charleston, S.C. on behalf of three tour guides barred from giving tours because the city wouldn't give them a license. Each guide spent months memorizing the city's 490-page study manual (per officials' instructions) but then failed the licensing exam, which consisted of questions the would-be guides found picayune and irrelevant. But no more! A federal judge has ruled officials violated the First Amendment by imposing serious burdens on the would-be guides' ability to speak without first trying any less restrictive alternatives. Click here to learn more.

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