You are on page 1of 71

S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web Working For The Rights & Sur i al Of The Oppresse! "!

itor# N$%$R$&$.'.R( )O*.+ issue.,-(( ../0./01./2

SHAME SHAME Mr. President Government of USA

We admire ordinary American citizens . However we despise American officials for their inhuman attiudes dou!le standards " false e#o of superiority. $hey don%t respect the laws of other soverei#n nations !ut e&pect other countrymen to respect US laws. Whenever US officials servin# in other countries as US diplomats were cau#ht red handed for crimes ran#in# from drun'en drivin# vandalism terrorism etc the US #overnment didn%t let the host countries to le#ally prosecute them instead airlifted them !ac' to US. (ow deceased Mr.Warren Anderson former head of Union )ar!ide responsi!le for *hopal Gas $ra#edy was not sent !ac' to +ndia for le#al prosecution. Mr. ,avid Headley master mind of -. / 00 Mum!ai $errorist attac' is not yet handed over to +ndia for le#al prosecution why 1 +f US thin's it can prosecute it%s own citizens +ndia too can le#ally prosecute it%s own citizen Ms. ,evyani 2ho!ra#ade. +mmediately repatriate her !ac' to +ndia. $hat too char#es a#ainst her are not as #rave as a#ainst warren Anderson " david headley remem!er that. 3ou have strip searched H.E.Honoura!le President of +ndia Mr.A!dul 2alam " Honoura!le ,efense Minister of +ndia Mr.Geor#e 4ernandez when on official US visit. 3ou don%t practice diplomacy . +f US officials di#nitaries are strip searched when on visit to +ndia how it will !e 1 Sad part is our +ndian 5eaders " officials have selfish motives lac' self esteem " respect for motherland and have not addressed these shameful acts of US when +t happened. US #overnment has a #uilty feelin# and suffers from a syndrome of terrorist attac' always !ecause it is the father mother ori#in of terrorism world over since decades. +t%s own actions will !oomeran# it%s own ille#itimate terrorist !a!ies li'e osama !in laden will ta'e care of USA. +n time USA will pay for it%s own crimes. Mr.President of USA We admire you as an individual !ut as head of US #overnment you must mend your ways. We hope saner sense will prevail.

"D3TOR3$* # 40// 5 160// - S3%N TO *"%$**7 8ROS"C9T" S8ONSOR"RS OF T"RROR3S' 9S$ 5 8$:3ST$N & 3ND3$

Visit , read the petition & support by signing the petition demanding LEGAL PROSECUT O! O" SPO!SORERS O" TERROR S#

http$%%&&&'thepetitionsite'(om%)%*))+,-))+++prose(ute+the+sponsorers+o.+terrorism ,

http$%%&&&'petitionspot'(om%petitions%sponsor ,

Visit , read the petition & support by signing the petition demanding ACCOU!TA/ L T0 O" !1 A! 2U1GES & POL CE' http$%%&&&'thepetitionsite'(om%3%a((ountabi4ity+o.+indian+5udges6signatures ,

http$%%&&&'petitionspot'(om%petitions%5udge ,

3n!ia5 9.S.$ 5 9.: 5 8akistan an! arious other ;ountries ha e gi en birth to & supporte! arious terror outfits5 all with the ob<e;ti e of wi!ening their area of influen;e5 to get hol! of go ernan;e of other ;ountries5 to loot resour;es of other ;ountries. $t no ti=e they were bothere! about the welfare of inno;ent people in those i;ti= ;ountries.

Now5 when the Frankenstein =onster they fathere! T"RROR3S' is haunting the= 5 ;a=e ho=e to roost in their own ba;kyar!s 5 all these ;ountries are ;rying foul. Take for instan;e 8akistan 5 it has got enough proble=s on han! 5 po erty 5 une=ploy=ent 5 =alnutrition 5 hunger 5 illitera;y is ra=pant in 8akistan. Or!inary 8akistanis are suffering5 or!inary 8akistanis !oes not nee! neither war nor <iha! 5 what they nee! is foo! 5 health;are 5 e!u;ation for their ;hil!ren.

Take for instan;e in!ia5 it has lot of proble=s on han! like star ation5 la;k of e!u;ation 5 health ;are5 et;. The %O3 says it !oesn>t ha e enough fun!s to sol e these proble=s. These proble=s are of pre-in!epen!e;e intage5 in;reasing =ultifol! after in!epen!en;e of in!ia. Still the go ern=ent of in!ia spent ;rores of

rupees on training 5 ar=ing of ta=il terrorists in srilanka 5 unne;essarily poke! it>s nose in east pakistan ;reating bangla!esh5 ;reate! terrorist outfits in pun<ab & northeast to ;ounter the influen;e of other terrorist outfits. $** T?" W?3*" 8R"$C?3N% 8$NC?$S?""* 8R3NC38*"S @ pea;eful ;o-eAistan;e 5 respe;t for neighbour>s boun!aries5 et;5 in the sa=e breath. What or!inary 3n!ians 5 ;o==onfolk nee! is foo! 5 shelter 5 health;are & e!u;ation.

Take the ;ase of 9S$ 5 fro= the beginning sin;e !e;a!es 5 it is the habit of 9S a!=inistrators5 britishers to sow the see!s of !is;ontent between two ;ountries 5 =ake the= to go to war with ea;h other B si=ultaneously selling =ilitary har!ware worth billions of !ollars to those sa=e ;ountries by the way =aking profit in billions C & to finally play the role of a tru;e =aker thereby getting a foothol! in the newly for=e! go ern=ent plus getting re;onstru;tion pro<e;ts worth billions of !ollars lea!ing to profit of billions. &ust re=e=ber the 9Sin asion of iraD 5 ;iting presen;e of W'Ds5 finally nothing was foun!. ?owe er 9S$ =a!e billions of profit by business.

The ;o==on folk of whi;he er ;ountry 5 whi;he er religion you take 5 !oes not want war 5 e erybo!y wants pea;e. The ;o==on folk nee! foo! 5 shelter 5 health;are & e!u;ation. 3t is the s;he=ing politi;ians who go on the path of iolen;e. 8OO&7$ E$89&3>s 5 '$?$T'$ %$ND?3&3>s prin;iples of non iolen;e 5 non interferen;e in the affairs of other in!i i!uals 0 other ;ountries 5 lo e 0 ;o=passion for fellow hu=an beings is =u;h rele ant to!ay.

?ereby5 e-)oi;e urges the international war ;ri=es tribunal 5 to or!er the respe;ti e go ern=ents who ai!e! terroris= 5to pay !a=ages to i;ti= ;ountries. &ai hin!. )an!e =atara=

7our>s sin;erely5 Nagara<.=.r.

CR #ES O" U'S PRES 1E!T "rom the day one the go7ernment o. USA is se4.ish & 7io4ating the rights o. other (ountrymen' 1uring (o4d &ar days , to e8pand it9s in.4uen(e & to gi7e more business .or u's arms manu.a(turers , the u's'a so&ed the seeds o. terrorism in 7arious (ountries & nurtured them through arms & .inan(e supp4y , training' The AL+:UE1A & TAL /A! are it9s o&n babies' The president bush o. U'S'A &as su..erring .rom 4o& image ratings , the domesti( e(onomy &as .a(ing a s4ump , so to impro7e his o&n rating & bring more business to u's industries , he s(hemed an inhuman ruth4ess p4an' ;e &anted to ta<e (ontro4 o. a.ghanisthan & ira=' ;e needed a ruse to in7ade them & (on(o(ted one murdering his 7ery o&n (ountrymen'

human rights &at(h has doubted the authenti(ity o. *%)) in it9s arti(4es months ago' it is 5ust a p4oy o. the bush to di7ert attention o. pub4i( .rom his dipping ratings , domesti( prob4ems 4i<e unemp4oyment , e(onomi( 4o&s and more important4y to .ind rather .abri(ate a reason .or atta(<ing the arab &or4d , ira=' .ina44y , to he4p it9s #!Cs mint mi44ions in re(onstu(tion , oi4 (ontra(ts, et(' it is a sa7age a(t o. bush .or green bu(<s' SEPTE#/ER *%)) >AS PLA!!E1 ???? V S T $ http$%%&&&'neiu'edu%@ay5amess%hmmm'htm6#ain The go7ernment o. U'S'A thro&n a44 internationa4 (on7entions into &ind , 4ied about &eapons o. destru(tion in ira= & in7aded a so7ereign (ountryira=' Sti44 , it &as unaba4e to .ind any &eapons o. mass destru(tion in ira=' n it9s greed .or po&er , green bu(<s , it inhuman4y tortured prisoners , too< them to Ard (ountries .or torture , bugged phones o. u's (itiBens & 7io4ated human rights o. u's (itiBens' n his ego , greed mr'bush has 7io4ated a44 human rights o. not on4y u's (itiBens but a4so human rights o. inno(ent ira=is , a.ghans , et( & thro&n a44 internationa4 4a&s into &inds' !o&, the president himse4. has a(<no&4edged the inte44igen(e .ai4ure in ira= but de.ended his ira=i in7asion' #r' /ush &i44 be remebered in the history boo<s as a GREATEST L AR , !;U#A! SC;E# !G #EGALA#O! AC & GREE10 OL1#A!'

$N $88"$* TO T?" ?ONO9R$E*" C?3"F &9ST3C" OF S98R"'" CO9RT OF 9S$ 5 C?3"F &9ST3C" OF 3ND3$ & C?3"F &9ST3C" OF 8$:3ST$N - Ey $=eri;an CitiFens
Our ;ountry was known as G ?ea en On "arthG 5 G*an! of "Duality & "Dual OppurtunityG & the GStatue of *ibertyG rightly sy=boliFe! the spirit of our ;ountry. Now 9S$ is known as a GTerror StateG. 3n the last - @ 2 !e;a!es 5 the persons who o;;upie! the offi;e of 8resi!ent 9S$ 5in their in!i i!ual ;apa;ity took wrong 5 inhu=an !e;isions 5 =e!!le! in the internal affairs of other so ereign nations 5 spent our resour;es to ;reate terrorist outfits like al-Due!a 5 Taliban in those ;ountries.

3n turn these terrorist outfits terroriFe! 5 =ur!ere! =illions of inno;ents & this Frankenstein =onster ;a=e ho=e to roost on Septe=ber 4 0 // . $fter Septe=ber 4 0 // 5 ea;h terror suspe;t is se erely torture! in hell like $bu %aribh prison 5 elsewhere by our authorities. For argu=ent sake let us a;;ept that these terrorists who =ur!er inno;ents !on>t !eser e ki! glo e treat=ent & rightly !eser e -r! !egree torture. When a single terrorist !eser e su;h inhu=an -r! !egree torture 5 what Duantu= of punish=ent 5 torture @ pre ious presi!ents of 9S$ !eser e @ who ;reate! 5 ai!e! & abette! thousan!s of su;h terrorists 5 terrorist outfits H ?erby5 we appeal to the honourable Supre=e Court of 9S$ to or!er the fe!eral go ern=ent to to =ake publi; # /. how =u;h 9S resour;es were spent fro= 9S TR"$S9R7 5 to finan;e terrorist outfits 5 =ilitary <untas in other so ereign nations H 1. is not $l-Due!a 5 Taliban ;reations of 9S$ H -. !i! Septe=ber 4 0 // WTC atta;k truly happene! by hi<a;ke! airplane or was it planne! by 9S authorities H see http#00www.neiu.e!u0Iay<'ain 2 . is ra;ial profiling 5 profiling a parti;ular ;o==unity & suspe;ting all the =usli=s as terror suspe;ts 5 rightH ,. if it is right 5 the ;retors of su;h terrorist outfits @ past presi!ents of 9S$ @ who were Christians =akes it logi;al to assu=e whole of our Christian ;o==unity as terror suspe;t H 6. is not use of -r! !egree torture on all type of suspe;ts in 9S prisons & in the prisons of 9S allie! ;ountries at the behest of 9S authorities 5 right H is it not iolation of hu=an rights & 9S laws H +. !i! 9S fin! any weapons of =ass !estru;tion in 3raD 5 whi;h was the =ain reason for 9S atta;king 3raD H K. why not 9S authorities use s;ientifi; interrogation te;hniDues like polygraph 5 lie !ete;tor tests instea! of inhu=an -r! !egree torture on terror suspe;ts & suspe;ts in other ;ri=inal ;ases H 4 . what legal right our 8resi!ent of 9S$ ha e 5 to illegally spen! billions of our !ollars on inhu=an 5 llegal a;ts of terroris= 5 =ilitary ;oup 5 ;reation 5 ai!ing & abetting of terrorists 5 et; 5 in other so ereign nations H while we are suffering fro= loss of <obs 5loss of ho=e !ue to natural ;ala=ities 5 et; H CruA 5 Foun!ation of all religions is hu=anity 5 kin!ness & uni ersal brotherhoo!. 3t is the prea;hers who =isrepresent it. Terroris= ;reate! 5 ai!e! 5 abette! by anybo!y is inhu=an & wrong . Terroris= is ;reation of power hungry 5 selfish people & they =ust be legally punishe! .

?ereby 5 we appeal to the honorable supre=e ;ourt of 9S$ to legally prose;ute 8re ious 8R"S3D"NTS OF 9S$ in the last 2 !e;a!es 5 for ;ri=es of terror 5 as per the present 9S anti-terror laws.

Re;ently 5 in the issue of weekly publi;ation GThe WeekG 5 ;abinet =inister of go ern=ent of srilanka Bpre iously a !ea!ly terrorist & right han! =an of *TT" ;hief 8rabhakaran C 'r. :aruna 5 ?i=self has state! in an inter iew that *TT" re;ei e! ar=s training in Ta=ilna!u State of 3n!ia 5 to wage war against %o ern=ent of Srilanka. The &usti;e &ain Co==ission Of "nDuiry 5 whi;h probe! late 8' Ra<i %an!hi>s assassination ;ase 5 also state! that Ta=il Terrorist outfits in Srilanka Re;ei e! =onetary 5 finan;ial 5 ar=s training support fro= go ern=ent of 3n!ia. %O3 has e en setup a ra!io station for ta=il terrorists of srilanka 5 within 3n!ian territory. %O3 spent billions of !ollars of 3n!ian taApayer>s =oney for ai!ing & abetting terroris= 5 while billions of 3n!ians were half star ing & going without a single =eal 5 without proper health ;are.

Re;ently 5 in a =e!ia inter iew the presi!ent of %o ern=ent of 8akistan 'r. &ar!ari hi=self has ;onfesse! that in the pre ious years the go ern=ent of 8akistan has ai!e! & abette! Terroris= for ta;ti;al gains of 8akistan 5 spen!ing billions of !ollars of 8akistani taApayer>s =oney. While or!inary 8akistanis were suffering fro= star ation 5 la;k of health ;are 5 et;.

$ll the abo e pro es that 8re ious 8resi!ents of %o ern=ent of 9S$ 5 pre ious 8resi!ents of %o ern=ent of 8akistan & 8re ious 8ri=e 'inisters of %o ern=ent of 3n!ia were the real =aster =in!s of T"RROR3S' 5 foun!e! 5 ai!e! 5 abette! T"RROR3S' FOR T?"3R OWN S"*F3S? %$3NS. 3n turn 'ur!ering lakhs of inno;ent hu=an beings. These guilty pre ious presi!ents & pri=e =inisters are !ea!ly than OS$'$ E3N *$D"N.

?ereby 5 we appeal to the ?onorable Chief &usti;es of supre=e ;ourts of 9S$ 5 3ND3$ 5 8$:3ST$N 5 E$N%*$D"S? 5 SR3*$N:$ & 3NT"RN$T3ON$* W$R CR3'"S TR3E9N$* 5 to legally prose;ute the pre ious 8ri=e 'inisters of 3ND3$ 5 the pre ious presi!ents of 9S$ & 8$:3ST$N 5 on ;harges of =aster =in!ing T"RROR3S' & =ur!ering inno;ent people in their respe;ti e ;ountries .

Crimes of President of USA , ,

The Ehopal %as Trage!y Continues An American court absolving UCC of its liabilities for environmental contamination in Bhopal is a travesty of justice

IN YET another blow to the 1984 hopal gas traged! survivors, an "merican court has ruled that it was #nion $arbide %ndia &td '#$%&( and not its parent compan!, #nion $arbide $orporation '#$$(, which was responsible for the generation and disposal of the ha)ardous waste that has contaminated the cit!*s soil and groundwater. +hile delivering his judgment on ,- .une, .udge .ohn / 0eenan found 1no evidence indicating that #$%& manufactured pesticides on #$$*s behalf, entered into contracts or other business dealings on #$$*s behalf, or otherwise acted in #$$*s name2. "ccording to him, #$$ and #$%& were separate entities at 1arm*s length2 from each other and #$$ e3erted no control over #$%&. 4ignificantl!, it was the same court that in 5a! 198- sent the case for compensation to the %ndian courts. "t that time, the %ndian government, on behalf of the victims, had filed a suit for 67.7 billion as compensation arguing that since the disaster was a conse8uence of decisions ta9en b! the parent corporation, an "merican court was the appropriate forum. "ware of the massive compensation awarded in cases of corporate malfeasance b! #4 courts, #$$ argued that the case be sent to %ndia. :he #4 court presided over b! .udge 0eenan ruled in favour of #$$ and sent the case to %ndia. 1:he court is firml! convinced that the %ndian legal s!stem is in a far better position than the "merican courts to determine the cause of the tragic event and thereb! fi3 liabilit!,2 he had said. %n the conte3t of the judgment delivered on ,- .une, it would be interesting to see how it matches up with the pronouncements of the 1far better2 placed %ndian judiciar! on the specific issue of liabilit! of #$$ vis-;-vis that of its %ndian subsidiar!. It was the same US court that in May 1986 sent the case for compensation to the Indian courts /ollowing .udge 0eenan*s 198- order, the case for compensation was presented before the hopal <istrict $ourt where $hief .udicial 5agistrate 5+ <eo directed that 1#$$ will deposit in this court =s 7>? crore for pa!ment of substantial interim compensation and welfare measures for the gas victims2. 4ignificantl!, he did not ma9e an! pronouncement against #$%&.

#$$ appealed against this order before the 5adh!a @radesh Aigh $ourt where .ustice 40 4eth upheld .udge <eo*s directions to #$$ but brought down the compensation amount to =s ,>? crore. .udge 4eth justified his direction on the grounds that, 1#$$ owned more than half the stoc9 of #$%& as well as controlled its board of directors and as such was a parent and holding compan! of #$%& under %ndian law. :hus, it was in fact the defendant #$$ that designed, constructed, owned, operated, managed and controlled the hopal plant through its %ndian subsidiar!.2 %n response to #$$*s contention that it had no control over the running of the hopal plant, .udge 4eth observed, 1<uring 19B8-84, certain vital decisions regarding the fate of the hopal plant, including those relating to its sale, lease or dismantling and shipment to a foreign countr!, were ta9en at different stages b! the #$$ management, sometimes even without reference to the %ndian compan!, indicating complete control of the defendant #$$ over the affairs of the %ndian compan!.2 #$$ appealed against .ustice 4eth*s order in the 4upreme $ourt and it eventuall! led to a collusive settlement in /ebruar! 1989 for 64B? million. :he court directed that the bul9 of the amount C 64,> million C was to come from #$$ and the rest from its %ndian subsidiar!. %n Dctober 1991, the order was modified and criminal charges against #$$ and its officials and subsidiaries were reinstated. +hen #$$ continued to abscond from %ndian courts, in "pril 199,, $hief .udicial 5agistrate Eulab 4harma directed that 1movable and immovable properties of #$$ located in %ndia be attached2. %n .une ,?1?, $hief .udicial 5agistrate 5ohan @ :iwari, in his judgment in the criminal case against #$%& and its officials, remar9ed, 1:he traged! was caused b! the s!nerg! of the ver! worst of "merican and %ndian cultures. "n "merican corporation c!nicall! used a third world countr! to escape from the increasingl! strict safet! standards imposed at home.2 =eportedl!, #nion &aw 5inister 4alman 0hurshid has refused to comment on .udge 0eenan*s verdict absolving #$$ of its liabilities. :he least he could do is point out that between the 198and ,?1, judgments, onl! one could be right.

Judgement Fixing in Courts of USA

Corruption is the abuse of power by a public official for private gain or any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose. The abuse of public offices for private gain is

paradigmatic of corruption. common belief is that corruption is a !udge ta"ing bribes. The definition e#ceeds this theory. Corruption describes any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose. Corrupt !udicial systems not only violate the basic right to e$uality before the law but deny procedural rights guaranteed by the %nited &tates Constitution.

'hile corruption may facilitate criminal enterprise such as drug traffic"ing, money laundering, and mail fraud.( it is not restricted to these activities. )n this country, corruption is so common that it is e#pected when ordinary businesses or citizens interact with government officials. The end-point of political corruption is a "leptocracy, literally *rule by thieves*.

Shame Shame to Supreme Court of India & Supreme Court of USA Match Fixing in the Supreme Courts of USA & India

The Final Verdict is out in hopal !as Traged" # This $ind of In%ustice can onl" happen in &anana repu&lics ' (here rich croo$s are protected &" authorities & courts# S)AM* S)AM* to supreme court of India ' supreme court of USA &

!o+ernment of USA ' for practicing dou&le standards in enforcement of la( & %ustice#

,ou&le standards of supreme court of India deaf/dum&/&lind

PI0 Appeal & Sho( Cause 1otice to Supreme Court of India supreme/court/of/india

,ou&le Standard - P And hopal " ill 2uigle" & Alex Tuscano 'hen +resident ,ara" -bama went after ,+ and demanded a ./0 billion dollar fund be set up for victims of the 1ulf oil spill, the people of )ndia were furious. They saw a %& double standard. The %& demonstrated it values human life within the %& more than the lives of the people of )ndia. ,+ should pay ./0 billion in compensation, probably even more. The people of )ndia agree with that. ,ut people are angry because the %& is treating the oil spill, called the worst environmental disaster in %& history, in a radically different way than the %& treated the e#plosion of a %&-owned pesticide plant in ,hopal )ndia, which some call the worst industrial disaster in history. The 2345 ,hopal e#plosion released tons of to#ic chemicals into the air, claimed the lives of between 26,000 and /0,000 people within two wee"s, and disabled hundreds of thousands of others 7 many still suffering from physical damage and genetic defects. The plant that e#ploded was operated by %nion Carbide )ndia 8imited, a corporation owned by %nion Carbide of the %nited &tates. The disaster occurred in a thic"ly populated area close to the central railway station in ,hopal, an urban area of 2.6 million in the heart of )ndia. 9ost people in the area lived in shanty huts. Thousands of dead humans and animals filled the streets of ,hopal. &urvivors complain of genetic damage which has caused widespread birth defects in children and even grandchildren of those e#posed. The soil and water of ,hopal remain to#ic with heavy pesticide residue and to#ic metals li"e lead, mercury, arsenic, cadmium and chromium.

'hile +resident -bama displayed outrage at ,+ officials over the 22 deaths from the %& oil spill, the %& has refused to e#tradite 'arren nderson, the chair of %nion Carbide, to face charges for his role in the ,hopal disaster. :ecall too that -bama advisor 8arry &ummers, then chief economist at the 'orld ,an", stated in an infamous 23;2 memo. <=ust between you and me, shouldn>t the world ,an" be encouraging 9-:? migration of the dirty industries to the 8ess @eveloped CountriesA... )>ve always thought that under-populated countries in frica are vastly %B@?:-pollutedCD -bsolete and hazardous industries have been systematically transferred to the third world countries to not only e#ploit the cheap labor but also to avoid disastrous impact of these industries on the advanced countries. %nion Carbide put profit for the corporation above the lives and health of millions of people. @ow Chemical, which too" over %nion Carbide, is attempting to distance itself from all responsibility. )n )ndia there were two ,hopal developments this month. The )ndian government announced a compensation pac"age of ./40 million for ,hopal victims, about .//,000 for each of the families of the deceased according to the ,,C, and seven former )ndian managers of the ,hopal plant were given two year !ail sentences for their part in the e#plosion. These legal developments are a moc"ery of !ustice for one of the world>s greatest disasters. 'e call on the people of the %& and the people of )ndia to !oin together to demand our governments respect the human rights of all people, no matter where they live. Together we must bring about change in corporate development. 'e have to emphasize social production for the needs of people and improved social relations. )f we continue to value some lives more than others, and to allow corporations to spoil some areas with impunity, our world will not last. %nless we respect the human rights of all people and demand corporations do that as well, we will be damned to live out the Cree )ndian prophecy <-nly when the last tree from this earth has been cut down, only when the last river has been poisoned, only when the last fish has been caught, only then will human"ind learn that money cannot be eaten.D

hopal gas traged"- US court a&sol+es Union Car&ide of lia&ilit"

)n a setbac" to 2345 ,hopal gas tragedy victims, a %& court has held that neither %nion Carbide nor its former chairman 'arren nderson were liable for environmental remediation or pollution-related claims at the firm's former chemical

plant in ,hopal. %& district !udge =ohn Eeena in 9anhattan dismissed a lawsuit accusing the company of causing soil and water pollution around the ,hopal plant due to the disaster, and ruled that %nion Carbide Corporation F%CCG and nderson were not liable for remediation or pollution-related claims. The court ruled that it was %nion Carbide )ndia 8td, and not its parent company %CC that was responsible for the generation and disposal of the waste that polluted drin"ing water, and the liability rests with the state government. +laintiffs =an"i ,ai &ahu and others had alleged that *to#ic substances seeped into a ground a$uifer, polluting the soil and drin"ing water supply in residential communities surrounding the former ,hopal +lant site*. They alleged that e#posure to soil and drin"ing water polluted by hazardous waste produced %nion Carbine )ndia 8td caused in!uries. *The summary !udgement record certainly indicates that %C)8 consulted with %CC about its waste disposal plans and on non-environmental business matter li"e its strategic plan. However, nothing in the evidence suggests the necessity of %CC's approval for the actions about which plaintiffs complain,* the court said in its order. *9oreover, there is no evidence in this e#tensive record indicating that %C)8 manufactured pesticides on %CC's behalf, entered into contracts or other business dealings on %CC's behalf, or otherwise acted in %CC's name,* it said. The industrial accident, the worst in )ndian history, led to the lea" of poisonous methyl isocyanate, claiming thousands of lives in the 9adhya +radesh capital.

?ditorial : ,H-+ 8 1 & I?:@)CT J)K?@ - &hame &hame to &upreme Court of )ndia L &upreme Court of %& Bow it is a "nown fact that ,hopal 1as 8ea" Case Ierdict was J)K?@ years before , 9 TCH J)K?@ by then 9+ 1overnment Chief 9inister , )ndian +rime 9inister and most shame fully Chief =ustice of )ndia. Bow The Jinal Ierdict is out in ,hopal 1as Tragedy . This "ind of )n!ustice can only happen in banana republics , where rich croo"s are protected by authorities L courts.

&H 9? &H 9? to supreme court of )ndia , supreme court of %& L 1overnment of %& , for practicing double standards in enforcement of law L !ustice. @ouble standards of supreme court of )ndia!ustice/is-the-supreme-court-of-india-deafdumb-blind +)8 ppeal L &how Cause Botice to &upreme Court of )ndia )n )ndia, Javorable treatment is given by police L courts of law for rich croo"s where as poor innocents are harassed , tortured by the very same police L !udges . )n india &ome 9+ , 98 s even ta"e money for as"ing $uestions in parliament / legislature , Javourable laws are enacted to legalize crimes of rich croo"s for e#ample : )llegal land encroachments by rich croo"s. The same 9+s , 98 s are not aware about problems of poor public , they don>t even open their mouth for as"ing $uestions on welfare of poor , let alone enact laws for welfare of poor. Bo government law , no decisions of !udges , no orders of public servants are sacrosanct . Hereby , e-voice urges the supreme court of india , 2. To legally prosecute the !urisdictional police who changed the charge sheet , who let out 9ain criminal nderson illegally without orders from the court. /. To legally prosecute the &&+ , @C of the district , Then Chief 9inister of 9adhya +radesh L Then +rime 9inister of 1-) , who fully aided the main accussed , criminal nderson to escape , to !ump law. M. To legally prosecute )ndian +ublic &ervants , who were responsible for withdrawing the case from %& Courts of =ustice. 5. To legally prosecute Then Chief =ustice of )ndia =ustice hmadi L His bench colleagues , who diluted the case by changing the clause under which nderson L others were charged. The +ublic servants 7 9ps , 98 s , =udges , ) & / )+& officers , +olice ta"e thousands of rupees monthly salary , cars , bungalows , 6-star hotel stay together with 6-star meal complete with alchoholic drin"s , 6-star health care at premium hospitals , business class air travel , foreign tours , etc all at ta# payer>s e#pense. fter en!oying to the hilt at ta#payer>s e#pense , these same public servants don>t serve the public , they serve the rich croo"s , anti nationals in their greed for more money. ll the while the same poor ta# payer suffers without !ustice . )n )ndia more than 60

Crore people are barely surviving on a single piece meal .8et the corrupt public servants eat their 6-star meals by the side of the graves of ,hopal 1as Iictims. tleast this will open the eyes of honest few in public service 7 police , !udiciary L parliament , it is a fond hope. =ai Hind. Iande 9ataram. Nour>s sincerely, Bagara!.9.:. n appeal to honourable supreme court of %& L H? Honourable president of %& 9r.-bama Nour government protects all mericans, all merican companies both inside merica L abroad. )f an merican tourist is murdered in a third country , merican investigators fly over to that country to conduct investigation in total disregard to local laws. )n the same way , if the interests of an merican company is threatened in a third country merican government goes to it's rescue. However , when an merican company butchers , causes mass man slaughter in a third country , as an merican company did in ,hopal )ndia , no action by merican government. &till the said merican company has not removed , cleared the accident site of poisonous debris at ,hopal )ndia since decades and still causing mass man slaughter , no action by merican government why A &ome %& based companies are selling soft drin"s , food products , medicines , drugs in third world countries , which are causing grave health damages to the public. The $uality standards of these products are fit cases of re!ections by %& J@ . &ome %& companies are selling drugs F which are banned in the %& G to third world countries , still us companies are e#porting such dangerous medicines , foods to third countries . no action by %& government , why A is it because you thin" that the lives of non mericans are cheaper than mericans A Hereby, ) do re$uest your "indself , 2 . to initiate criminal prosecution against %& based "ey management personnel responsible for ,hopal gas tragedy . / . to ma"e either the respective company management or %& government to pay compensation to victims of ,hopal gas tragedy on par with merican lives , as if the same tragedy happened in the %& itself. M . to order the management of the said company to clean up ,hopal off poisonous debris , from the accident site at their own e#pense.

5 . To legally prosecute %& e#porters L %& based companies selling products F which violates %& J@ regulations or banned in the %& for domestic consumption G to third countries.

&hameO )ndia sold its dead cheap &hobhan &a#ena, round //,000 dead. 9ore than 2,/0,000 in!ured. :s 2 la"h for each body. :s /6,000 for every poisoned lung and damaged heart and blinded eyes. /P years of long wait. nd !ust / years in !ail for the men who committed the worst crime against the people of this country. nd this moc"ery of !ustice after such a long wait. Twenty si# years after 50 tonnes of lethal gas seeped into the lungs of ,hopal, families of some 2;,000 men, women and children are still waiting for the so-called compensation. Thousands more are still waiting to be accepted as victims. +eople of ,hopal are still drin"ing to#ic water poisoned by %nion Carbide in @ecember 2345. nd the main culprit is living life "ingsize in a mansion in Bew Nor". Bo country sells its people so cheap. Bo country sells its poor so cheap. Bo country sells its dead so cheap. Today 7 on the day of ,hopal disaster !udgment -- if there is a failed state in the world, it>s )ndia. )t>s not )ra$. )t>s not &omalia. )t>s not &udan. )t>s )ndia. )ndia 7 its government, !udiciary and corporates 7 accepted the ridiculous amount of .560 million dollars for the people "illed and maimed by methyl isocyanate lea"ed from the %nion Carbide factory in the heart of ,hopal three decades ago. )n all these years, the poor victims have done everything they could to get !ustice and compensation. They have cried and died on streets, sat hungry and faced police lathis on roads and filed court cases in the hope that one day they will get !ustice. Today, they were denied !ustice. Today, they were told that they should be happy with the peanuts thrown at them by %nion Carbide. Today, )ndia proved once again that it doesn>t care for its poor. Today, it was proved all over again that those who do politics in the name of poor in this country, always rule for the rich. 'hat !ustification does C,) have for not being able to produce 'arren nderson in court. The chairman of %C at the time of the gas attac" Fit was not an accident, the gas lea" was caused because of cost-cutting steps ta"en by himG on the people of ,hopal, nderson was arrested and later released on bail. He ran off to %& in 234P and we have not been able to find him or as" the %& to e#tradite nderson to )ndia. 'hyA The government says it doesn>t "now where nderson is. 'hat a lie. 'hat a shame. 8ast year, on a balmy =uly day, a bunch of victims danced on the streets after hearing news that the Chief =udicial 9agistrate of ,hopal had ordered the C,) to arrest nderson and produce him before the court without delay. The court also as"ed the C,) to e#plain

what steps it had ta"en since /00/ to enforce the warrant and e#tradition of nderson, who was declared an absconder in 233/. Though the C,) and %& government failed to trac" nderson, supporters of ,hopal victims traced him to the elite Bew Nor" neighbourhood of the Hamptons. )n /00M, 1reenpeace activists paid nderson a visit at his home and handed him an arrest warrant. Today>s ridiculous !udgment in ,hopal didn>t say anything on nderson as he is a <proclaimed offenderD. This status suits him fine because he doesn>t have to bother about coming to )ndia and answer some very crucial $uestions: Q'hy did %nion Carbide not apply the same safety standards at its plant in )ndia as it operated at a sister plant in 'est Iirginia, %&A Q-n the night of the disaster, why did the si# safety measures designed to prevent a gas lea" fail to functionA Q'hy was the safety siren, intended to alert the people living close to the factory, turned offA The victims have always alleged that ,hopal happened because of negligence by the %nion Carbide and that was caused by cost-cutting measures ta"en by nderson. )s it because of this reason that nderson has been 'hiding' in the %&A criminal has a reason to hide, but what reason does our government have to let a mass murderer li"e nderson go scot-free. )s it because he is an mericanA Can an merican come to )ndia "ill people in this country and run away with no conse$uencesA That seems to be the case. 'e are still struggling to get a chance to $uestion @avid Headley Coleman, an merican citizen responsible for the worst terror attac" on an )ndian city in /004. 'ill we succeed in getting Headley e#tradited to )ndiaA Bo way. Bever. Today, )ndia proved that it doesn>t really care for its people, particularly if they have been slaughtered by powerful people from the most powerful nation in the world. )nstead of ta"ing on merica and fighting for !ustice for its poor, )ndia is more than happy to sell its dead cheap. :s 2 la"h for every body. :s /6,000 for every blinded eye. This is the cost of poor life in a failed state.

,hopal gas tragedy: 4 found guilty, get bail ,H-+ 8: The seven )ndian %nion Carbide )ndia 8td F%C)8G officials convicted in the /Pyear-old ,hopal gas tragedy case have been granted bail and released on submission of a surety of :s /6,000 by a trial court in ,hopal, according to a Times Bow report. ?arlier on 9onday, eight accused, one of whom is deceased, were sentenced to two years in prison for causing death due to negligence.

:eacting to the development, representatives of the tragedy's victims and their families who have been protesting outside the court, said they would approach the 9adhya +radesh High Court to allow the slapping of more stringent charges against all those accused in the case. The 9agistrate court in ,hopal on 9onday convicted all eight )ndians accused in the 2345 ,hopal gas tragedy case. :s 600,000 fine has been imposed on %C)8. To#ic gas lea" from a %nion Carbide pesticide factory in 2345 "illed thousands and left an unspecified number battered with diseases and deformity - the toll of victims is still rising. @espite 9onday's conviction, there is little closure for victims. 8egal e#perts have alleged that there was an attempt to cover up the case. )t too" the C,) three long years to file a chargesheet that many believed was wea". Then in 233P the charges were watered down ma"ing all sections carry the ma#imum punishment of / years. The charges were also all bailable and with the prime accused in the case - former %nion Carbide F%& G chairman 'arren nderson still on the run and unli"ely to present himself in )ndian court, there is little hope that !ustice will be served. nderson: The man who got away in ,hopal gas case Chidanand :a!gahtta, 8ong before ,ritish +etroleum, there was %nion Carbide( long before @avid Headley a"a @aood 1ilani, there was 'arren nderson. s legal proceedings in the ,hopal gas tragedy meanders on, its torturous path over /P years a travesty of !ustice to many, two principals associated with the disaster have faded from sight even as newer culprits in most recent outrages F,+ oil spill and 9umbai's /P/22 massacreG are in the spotlight. %nion Carbide, the merican chemical company that became notorious for the world's worst industrial disaster, is now a wholly owned subsidiary of the @ow Chemical Company. nd 'arren nderson, %nion Carbide C?-, at the time of the disaster and until his retirement in 234P, declared an absconder and a fugitive from !ustice by an )ndian court, lives in relative anonymity and seclusion in 8ong )sland, Bew Nor". ,oth have washed their hands off the ,hopal disaster. %nion Carbide says its officials were not part of this case since the charges were divided long ago into a separate case. *Jurthermore, %nion Carbide and its officials are not sub!ect to the !urisdiction of the )ndian court since they did not have any involvement in the operation of the plant, which was owned and operated by %nion Carbide )ndia 8td, F%C)8G* a spo"esman for the company told 'all &treet =ournal.

The company maintains that the ,hopal plant was designed, owned, operated and managed on a day-to-day basis by %C)8 and its employees and all those convicted are the *appropriate people from %C)8 R officers and those who actually ran the plant on a daily basis have appeared to face charges.* *) want you to "now that %nion Carbide continues to have the utmost respect and sympathy for the victims of the tragedy and their families. %nion Carbide did all it could to help the victims and their families from @ay 2 right up through the settlement with the )ndian government,* the spo"esman added. nderson isn't tal"ing. He hasn't spo"en on record on the sub!ect for nearly two decades. Bow nearing 30, he lives with his wife 8illian in a million-dollar home in the swish 8ong )sland neighbourhood of ,ridgehampton, avoiding social contact and hiding from the media and activists who have struggled long to bring him to !ustice. 'hen Casey Harrell, a 1reenpeace activist, visited his home in /00/ to serve him a warrant, he refused to identify himself and pretended to be someone else. neighbour also tried to throw Harrell off-trac" saying he was someone else and blurting out that he had nothing to do with the ,hopal disaster Feven though Harrell hadn't mentioned anything about the disasterG. ,hopal gas case: &C shot down move to slap tough charges @hanan!ay 9ahapatra , B?' @?8H): )t will be un"ind to blame the trial court for handing out mild punishments to the ,hopal gas lea" accused whose collective negligence caused an industrial catastrophe. Jor, the court's decision to frame charges against them under &ection M05-)) of )+C R that attracts a ma#imum !ail term of 20 years R was set aside by the &upreme Court itself on &eptember 2M, 233P. ppearing for C,), then additional solicitor general ltaf hmed had argued before the &C that the accused "new about the potential danger of the lethal gas escaping and hence should be tried under the stringent provision. *There was ample material produced by the prosecution in support of the chargesheet which indicated that all the accused shared common criminal "nowledge about potential danger of escape of the lethal gas R 9)C R both on account of the defective plant which was operated under their control and supervision at ,hopal and also on account of the operational shortcomings detected by the Iaradara!an e#pert committee,* hmed had said in court. However, a bench comprising then Chief =ustice 9 hmedi and =ustice & , 9a!mudar disagreed. *-n our finding that the material pressed in service by the prosecution does not indicate even prima facie that the accused were guilty of an offence of

culpable homicide and, therefore, &ection M05-)) was out of the picture, &ection M05on this very finding can straightaway get attracted at least prima facie,* the bench said. )t then $uashed the charge framed against the accused under &ection M05-)). s legal e#perts decried 9onday's verdict and activists involved in rehabilitation of the victims termed it a moc"ery of !ustice, T-) trac"ed down ltaf hmed in @ubai. hmed e#pressed disappointment, not with the trial court verdict but with the &C's 233P !udgment. *The dilution of the charges against the accused persons in 233P by the &upreme Court was very sad and in my perception not !ustified,* he said. nd why did he feel so, when the &C had gone through the evidence and C,)'s chargesheet in detail while giving its 50-page !udgmentA hmed felt the ape# court had erred by converting the charges from &ection M05-)) to &ection M05 Fdeath caused by a rash and negligent act, under which the ,9' hit-and-run accused was triedG. *The management of %nion Carbide "new that necessary safety measures were not in place and a lea" of the "ind that resulted in the tragedy was a distinct possibility,* he said. ?B@ /6 N? :& -J )B=%&T)C? T- +?-+8? -J ,H-+ 8 &hortly before midnight on / @ecember 2345, thousands of tonnes of deadly chemicals lea"ed from %nion Carbide>s pesticide plant in ,hopal, central )ndia. round half a million people were e#posed. ,etween ;,000 and 20,000 people died in the immediate aftermath and a further 26,000 over the ne#t /0 years. Bearly /6 years later, the factory site has not been cleaned up. 9ore than 200,000 people continue to suffer from ongoing health problems. ?fforts to provide rehabilitation 7 both medical care and measures to address the socio-economic effects of the lea" 7 have fallen way short of what is needed. 9any of those affected are still waiting for ade$uate compensation and the full facts of the lea" and its impact have never been properly investigated. Bo one has ever been held to account for what happened at ,hopal and efforts by survivors> organizations to use the )ndian and %& court systems to see !ustice done and gain ade$uate redress have so far been unsuccessful. ,hopal is not !ust a human rights tragedy from the last century 7 it is a human rights travesty today. The legacy of ,hopal persists because the people of ,hopal have never been able to claim their rights. 9oreover, the negative impacts of the lea" are affecting new generations. &tudies have shown how the e#posure to the to#ic gas causes long-term effects, which can continue in children born in gase#posed families.

Jor /6 years the )ndian government has failed the people of ,hopal. +romises have been repeatedly bro"en and no ade$uate action has ever been ta"en to address the impacts of the gas lea". Bo company can be allowed to evade responsibility for the impacts of its operations. %nion Carbide must be held to account for what happened at ,hopal. @ow Chemicals, which now owns %nion Carbide, must cooperate fully with the )ndian government and the courts in )ndia to ensure !ustice is done and the site is fully cleaned up. ,H-+ 8 1 & T: 1?@N 2345 -,hopal, )ndia t the first instance the 1overnment of )ndia failed to ensure that %nion carbide )ndia 8imited F%.C.).8G has installed proper safety measures and fully implemented it in practice, at it's plant in ,hopal. The 1overnment of 9adhyapradesh through it's labour department, factory inspectorate L pollution control board failed to enforce safety practices L environmental protection. )n turn, the %.C.).8 didn't install in full, the safety measures being followed by it's parent company union carbide corporation F%.C.CG at it's Iarious plants in the %.&. . The %.C.).8. didn't give community training to residents of nearby localities, to cope up with emergencies ie. )ndustrial accidents. %.C.).8 gave a go - by to safety practices, as it treated )ndian lives as cheap. The government of 9adhya pradesh instead of shifting slum dwellers around %.C.).8, to other safe place, gave them legal title deeds !ust months before the tragedy in 2345. Bow, refer the following:2. fter the accident at it's %.C.).8. plant at ,hopal, )ndia in 2345, when the %.C.C. Chairman/C.?.-. came over to ,hopal from %.&. to visit the accident site, local police arrested him on the charges of manslaughter. However, the 1overnment of )ndia got him released. /. )n 2346, 1overnment of )ndia enacted *,hopal claims ct* too"- away the right of appeal of all the 1as tragedy victims L declared itself as the sole representative of all victims. This said act itself is violative of victim's fundamental L human rights. The victims didn't choose 1overnment of )ndia as it's representative under will, agreement, trust or pleasure. M. The parado# of this *,hopal claims ct* is that, 1overnment of )ndia which is also a party to the crime, tragedy, itself is the appellant. The appellant F+etitionerG,defendant are 1overnment of )ndia, +rosecution by 1overnment of )ndia L =udged by 1overnment of )ndia. 5. )n 2343, when an appeal about interim compensation to be paid by the %.C.).8 to all the victims was being heard in the ape# court, the supreme court of )ndia without giving a chance to the victims to ma"e their point, without consulting them, without ma"ing a proper assessment of damages/losses, gave an arbitrary figure as verdict L

dropped all civil, criminal proceedings against %.C.C.L%.C.).8 6. )n the same year 2343, the 1overnment of )ndia without consulting the victims of disaster, without ma"ing proper assessment of damages/ losses, negotiated a settlement with the %.C.C. and in turn gave full legal immunity to %.C.C.L %.C.).8 from civil L Criminal proceedings P. ?ven the 1overnment of )ndia didn't present the case of victim'sgas tragedy victims, properly before the %.&.courts, where the %.C.C is based. ll these premeditated acts only benefited the criminals%.C.CL%C)8. re not the supreme court of )ndia L 1overnment of )ndia, here to safeguard )ndians and to safeguard =usticeA fter all these crimes, the 1overnment of )ndia failed to distribute compensation in time to victims. )t has failed even to provide safe drin"ing water to the residents near the accident site, )t has failed to provide comprehensive medical care to the victims, till date . )t has even failed to get the accident site cleared off to#ic wastes either by the culprit management or by it self, that too after /0 years. The very presence of these to#ic wastes since /0 years is further contaminating, polluting the environment and ta"ing toll of more victims. +articularly in the case of *,hopal 1as Tragedy* the supreme court of )ndia L 1overnment of )ndia are deadlier criminals than %.C.).8L%.C.C. =ust consider a case here, =ust a few years bac" an %.&.based 9.B.C ?B:-B set-up a power pro!ect in 9aharashtra, )ndia through it's subsidiary. 'hen 9aharashtra state ?lectricity ,oard failed to lift power from ?nronL pay them monthly guaranteed revenue, ?nron threatened to invo"e, open the *?schrew Clause* with the 1overnment of )ndia L to approach international arbiter %.E. 1overnment of )ndia has stood as conter-guarantee in this case. Jinally the 1overnment paid, of course subse$uently the parent ?B:-B collapsed due to other reasons. )f in this case if 1overnment of )ndia failed to pay-up as a counter guarantee L refused to comply with the award of )nternational arbiter, definitely 1overnment of %.&. . would have stepped into the scene to protect it's 9BC. Hypothetically, )n the same vein if ?nron has caused damages to )ndians either through negligence of safe practices or industrial accidents or ban" frauds amounting over and above it's Capital base L insurance cover, then it would have been the duty of parent ?nron L 1overnment of %.&. . to step in L pay-up. )n the same way, the %.C.).8 has caused massive damages to )ndians L refusing to pay commensurate to damages. @ow chemicals which too"over %.C.C. is also refusing to pay. @-' chemicals which is the new owner of %.C.C. naturally inherits both profits, credits lent L liabilities to pay of %.C.C. &till it is refusing to pay. Bow it is the turn of 1overnment of %.&. . to cough-up the sum. Bowadays, it has become routine for central L &tate ministers to go-

on foreign !aunts, to globe -trott inviting J.@.)/ 9.B.Cs to )ndia. They do sign numerous agreements, only favouring 9BC. 'hen tragedies occur or when they cheat )ndian ban"s/ investors, it is )ndians who suffer. The ministers L bureaucrats thin"s themselves as wizards and enters into agreements with 9BCs, industrialists in a hush-hush manner, with vast scope for possible corruption. )s it not the duty of government to be transparent A

,hopal gas case: e#-C,) men, 9oily fight verbal war as 'arren nderson goes scotfree

Bew @elhi: ,hopal gas tragedy prime accused 'arren nderson>s failed e#tradition has "ic"ed off a war of words between former C,) investigators and the law minister. Nou may also want to see

)ndia trying for nderson's e#tradition: +ranab 9u"her!ee &et up independent probe on ,hopal, ministerial group will not do: C+)F9G ,hopal gas tragedy: =ustice hmadi refuses to !oin the blame game ,=+ for =+C probe into 'misuse' of C,) ,=+ demands nderson escape order from Congress

:elated videos

mendment in law to prevent ,hopal li"e tragedy: &olicitor general ,=+ see"s withdrawal of nuclear liability bill ,hopal gas lea" tragedy convicts released on bail

Complete Coverage

The ,hopal 1as Tragedy -fficers who probed the case but have now retired claim their hands were tied by government missives directing C,) not to pursue nderson>s e#tradition. )n fact, the government had committed to the %& that nderson would not be arrested during his visit to ,hopal in the aftermath of the tragedy. ccordingly, he was allowed to return. Jormer C,) !oint director ,: 8all, who briefly investigated the case, recalls receiving a letter from the ministry of e#ternal affairs to not pursue nderson>s e#tradition. <) distinctly remember receiving a routine letter which said 'arren nderson>s e#tradition may not be pursued. Bormally, directions are not received through letters. )t was a rare case,D he told @B , ma"ing a case for greater autonomy to C,). <'e SC,)T had responded to the letter that investigations re$uired S nderson>sT e#tradition,D 8all said. His boss, former C,) !ointdirector =oginder &ingh, said there was little the agency could have done. <C,) did its best to investigate the case fairly and push for nderson>s e#tradition. ,ut our hands were tied. )n 233P, we got a ma!or blow when the &upreme Court deleted criminal sections from the case.D The C,) charge sheet mentioned section M05 )+C Fculpable homicide with a ma#imum punishment of 20 yearsG. However, the charges were watered down to M05 FaG Fdeath due to negligenceG, usually used in cases of road accidents. <'ith such a mild section, it is impossible to get an e#tradition anywhere. The moment M05 was $uashed, half the case was lost,D &ingh said. 8aw minister Ieerappa 9oily refuted the allegations. :eacting sharply to 8all>s claims, he said, < fter retirement people can give many statements. )t is an irresponsible statement. This is not done at all. ) thin" we need to do something to deal with such people who fail to discharge their duty and after retirement, try to become heroes or martyrs of the situation.D

Bew @elhi:

former senior C,) official, involved in the ,hopal gas lea" case

investigations, today claimed that the probe was *influenced*, generating a strong reaction from law minister 9 Ieerappa 9oily who termed the remar"s as *irresponsible.* Nou may also want to see

)ndia trying for nderson's e#tradition: +ranab 9u"her!ee &et up independent probe on ,hopal, ministerial group will not do: C+)F9G ,hopal gas tragedy: =ustice hmadi refuses to !oin the blame game ,=+ for =+C probe into 'misuse' of C,) ,=+ demands nderson escape order from Congress

:elated videos

mendment in law to prevent ,hopal li"e tragedy: &olicitor general ,=+ see"s withdrawal of nuclear liability bill ,hopal gas lea" tragedy convicts released on bail

Complete Coverage The ,hopal 1as Tragedy The officer, ,: 8all, former !oint director of the agency and in-charge of the probe also said he was forced by the ministry of e#ternal affairs officials not to follow e#tradition of 'arren nderson, the C?- of %nion Carbide Corporation when the gas lea" too" place /P years ago. *C,) investigation was influenced and commanded by some officials, as a result the !ustice in the ,hopal 1as lea"age case got delayed, hence, denied,* said 8all, the C,) officer in charge of the investigation from pril 2335 to =uly 2336.

However, 9oily, while reacting to 8all's claim said, * fter retirement, people can give many statement. )t is an irresponsible statement. This is not done at all. fter retirement, people become martyrs by ma"ing such statements.* Claiming that C,) was an *under command* organisation, 8all said, *'e need to ma"e it free from government control to ensure transparency and fair probe. )n other countries, all chief investigating agencies have been given autonomy by "eeping it out of the control of the !udiciary, bureaucracy and e#ecutive powers.* The charges by 8all came hours after a local court in ,hopal yesterday convicted former %nion Carbide, )ndia, chairman Eeshub 9ahindra and seven others for the world's worst industrial disaster, that left more than 26,000 dead on the intervening night of @ecember /-M in 2345. *) was told by the ministry of e#ternal affairs officials not to follow the e#tradition of 'arren nderson, which affected the C,) probe,* 8all, who is now retired, further claimed. fter registering a case, C,) had filed its chargesheet under &ection M05 )+C, which amounts to culpable homicide with ma#imum punishment of 20 years. However, the charges were later watered down to M05 FaG, usually used in road accidents. *) do not "now what circumstances and evidences forced C,) or others involved in the proceedings to lower the section,* he said. However, 9? sources maintained that *in /00M, a re$uest for e#tradition of nderson was made to the %& side under )ndia-%& bilateral e#tradition treaty. This re$uest has already been reiterated on more than one occasion.* nderson, 43, the then chairman of %nion Carbide Corporation of %& , who lives in the %nited &tates, appeared to have gone scot-free for the present as he is still an absconder and did not sub!ect himself to trial. There was no word about him in the !udgement of the ,hopal court.

nderson flew in, out of ,hopal in state govt's plane: Capt &H li

Bew @elhi: Claims that %nion Carbide C?- 'arren nderson had flown in and out of ,hopal in a state government plane was today strengthened by the aircraft's pilot. '''e got flight information from the then @irector of viation : & &odhi for a flight from ,hopal to @elhi and were told to "eep the aircraft, a state government plane, ready,'' Captain &yed Hasan li claimed in an interview to a news channel. ,hopal 1as: Centre reconstitutes 1o9, 9+ govt to file appeal He added that nderson's identity was "ept a secret from him. '''e did not "now who he was,'' he said. Capt li further claimed that nderson was alone in the aircraft and loo"ed upset and tired. '' s we waited for him, he came with the then &+ and the @istrict 9agistrate of ,hopal. 'hen we landed in @elhi, an ambassador pic"ed him up from ne#t to the plane and ) left him with the airport manager,'' he claimed. nderson case not closed, he slipped because of C,): 9oily Capt &odhi, seconding the pilot's claims, said it was on orders of r!un &ingh government that nderson was allowed to fly. '') had received a call from the office of the then Chief 9inister, r!un &ingh, ordering to arrange nderson's departure on @ecember ;, 2345,'' Captain : & &odhi claimed in an interview to a news channel today. ?ight held guilty for ,hopal gas tragedy, get two years in !ail He alleged nderson, a few hours after he came to "now about his charges with culpable homicide, reached the airport where the Chief 9inister's official plane stood waiting for him, along with senior bureaucrats and police officers. The city's &uperintendent of +olice and the district magistrate, 9oti &ingh, waved to nderson as he boarded &ingh's plane, he said. ?arlier, 9oti &ingh had also alleged that the then Chief &ecretary of the state had called him to his room and told him to arrange for the flight of nderson out of ,hopal. ''The then chairman Eeshub 9ahindra and %C)8's then managing director Ii!ay 1o"hale after landing in ,hopal were ta"en into custody at the airport itself but soon after that, he and the district police chief were told by the Chief &ecretary to get the %& citizen released on bail and send him to @elhi by plane,'' he said.

,hopal gas tragedy : ':a!iv 1andhi' helped 'arren nderson escapeA

Courtesy : CBB-),B. 'arren nderson, former chairman of the merican parent company %nion Carbide Corp responsible for the 2345 ,hopal gas tragedy, got out of )ndia on the government>s order. 9oti &ingh, who was the @istrict Collector of ,hopal at the time of gas lea" from the %nion Carbide plant, said this to CBB-),B on 'ednesday. He alleged ,rahm &waroop, Chief &ecretary of 9adhya +radesh at the time, called him and the &uperintendent of +olice F&+G personally and as"ed him to release nderson. nderson was arrested on @ecember ; but he was released the same day and flew out of ,hopal in a state government plane to Bew @elhi, said &ingh. &everal%nion Carbide officials were arrested on @ecember ; and "ept at the company guesthouse after the gas lea" on @ecember 2, which was declared a temporary police station. * t around / pm in the afternoon the Chief &ecretary summoned me to his chamber in the &ecretariat. 'e went there -- he FChief &ecretaryG said 9r nderson was to be released and sent to @elhi by plane which was awaiting him at the airport. 'e did legal formalities and nderson was released on bail. He was put on the plane and he went to @elhi,D said &ingh. The former official said he was never given reasons why nderson was being released. &ingh claimed nderson wanted to visited areas affected by the gas lea" but he was told there was a threat to his life. *He was reluctant to leave immediately. He said he wanted to see the affected areas and meet the people. ) told him he was not welcome in ,hopal and that there was ris" to his life and in no case he could be allowed to go to the affected areas.D The former district collector claimed nderson seemed casual and showed <symptoms of arroganceD but toned down when he was told that he was being released. &ingh recalls nderson briefed him on how the deadly methyl isocyanate F9)CG gas *lea"s, how it wor"sD and what wind direction it will ta"e. &ingh says nderson>s information tallied with what was happening in the city. nderson was charged with culpable homicide not amounting to murder, grievous assault and "illing and poisoning human beings and animals due to lea"age of the 9)C gas from the%nion Carbide's pesticide plant in ,hopal.

,hopal trial court on 9onday convicted eight )ndian officials of %nion Carbide for their criminal negligence that triggered the world's worst industrial disaster, but nderson was not mentioned in the !udgment. 8aw 9inister Ieerappa 9oily on Tuesday told CBB-),B the <caseD against nderson was not closed and blamed a former Central ,ureau of )nvestigation officer, who had investigated the gas lea", of not pressing for the merican>s e#tradition.

,hopal gas tragedy : 'arren nderson released after deleting a 'charge'

Three days after the ,hopal gas tragedy, the police here had released the then %nion Carbide C?- 'arren nderson and two others on bail by *deleting* in the complaint a stringent charge under the )+C against them, trial court sources said today. perusal of court documents shows that the in-charge of the Hanuman 1an! +olice &tation, &urender &ingh, had initially arrested nderson, then %C)8 chairman Eeshub 9ahindra and senior company official Ii!ay +ra"ash 1o"hale at 20.20 9 on @ecember ;,2345 in the presence of one :a"esh Eumar under various sections of )+C including M05 Fculpable homicide not amounting to murderG. They were also charged with sections M05 Fcausing death by negligenceG, /;4 Fma"ing atmosphere no#ious to healthG, /45 Fnegligent conduct with respect to poisonous substanceG, 5/P FmischiefG and 5/3 Fmischief by "illing or maiming cattle, other animalsG. 8ater, the police released the three, *deleting* the charge against them under &ection M05, they said. The sources said that police had no right to delete such a charge and in doing so they had e#ceeded their brief. *)f the charge had not been deleted, nderson may not have been able to leave )ndia,* they said. The C,) had later boo"ed 9ahindra and 1o"hale under &ection M05 which provides for prison term of 20 years. However, the &upreme Court had dropped the stringent section in the case. -ver 26,000 people were "illed and thousands of others maimed when the deadly

methyl isocyanate F9)CG gas lea"ed from the %nion Carbide plant on the intervening night of @ecember /-M, 2345. @ate : =une 22th, /020. Bews by

,hopal gas tragedy: =ustice hmadi offers resignation

,hopal: Jormer &upreme Court Chief =ustice H hmadi, facing fla" for the 233P verdict in the ,hopal gas tragedy case, has offered to resign from the post of ,hopal 9emorial Hospital Trust chairman. &pea"ing to a daily, the former C=) said, <) will send a fresh application to the new Chief =ustice of )ndia as"ing to be relieved of the responsibility, though my previous application was pending with former C=) E1 ,ala"rishnan.D =ustifying his stand, hmadi said that he had not committed any impropriety by agreeing to head a multi-million dollar trust set up by the %nion Carbide after the gas lea". =ustice hmadi, who headed the bench in 233P that converted the C,) charge under the stringent provisions of M05-)) that provided for ma#imum of 20-year imprisonment to &ection with two-year ma#imum imprisonment, said it was easy for people to tal" and ma"e allegations but !udges have to wor" as per the system. two-!udge bench headed by then C=) hmadi reduced the charge of culpable homicide not amounting to murder to causing death by negligence. 1iving his clarifications on the !udgment, =ustice hmadi re!ected criticism of dilution of charge against %nion Carbide e#ecutives in ,hopal gas tragedy case, saying in criminal law there was no concept of vicarious liability. He also lamented the lac" of a law to deal with disasters of ,hopal "ind and said law can be amended to provide for ade$uate punishment. Jew days bac", an organisation of ,hopal gas victims disputed =ustice hmadi's claim that no one had filed a review petition after the &upreme Court dropped charges of culpable homicide against the accused in the case.

:elated &tories

,=+ as"s Congress to come clean on nderson issue U,lame !udiciary for delay in ,hopal verdictU %& to UevaluateU )ndian re$uest to bring nderson to !ustice V9odi gov had allowed disposal of ,hopalUs to#ic waste in 1u!>

*-ur organisation had filed a review petition but that was dismissed in 233P by the &upreme Court, which was then headed by hmadi himself,* the convenor of ,hopal 1as +eedit 9ahila %dyog &angthan, bdul =abbar had said. s the guilty had not been charged under &ection M05 of )+C Fculpable homicide not amounting to murderG, they were let off with imprisonment of only two years each, =abbar claimed. =ustice hmadi, who had delivered the ,hopal gas tragedy case verdict in on =une 03 233P, said he could not recollect whether a review petition was filed. However, he had earlier stated in a television interview that no review petition was filed. &ince retirement, hmadi has been presiding over ,hopal 9emorial Hospital Trust that runs a M60-bed superspeciality hospital. The trust was set up by %nion Carbide. total of :s P00 crore has gone into the trust, but its accounts are not in the public domain. The trust deed mandates that an &C !udge should be its chairman and hmadi has been at its helm since retirement.

9an 'ho 'arned of ,hopal 1as 8ea"

Congress spo"esman &atyvrat Chaturvedi has defended former prime minister :a!iv 1andhi S)mages T whose role in letting the guilty in the ,hopal gas tragedy get off lightly is under the scanner due to the public outcry over the recent !udgment in the case -- /P years after the event. -n the night of //M @ecember, 2345, when deadly gas lea"ed from the %nion Carbide plant in ,hopal, r!un &ingh S )mages T was chief minister of 9adhya +radesh S )mages T and 1andhi was the prime minister of )ndia S )mages T.

)n the first few years after the tragedy, tremendous pressure was put up by the merican corporate lobby and the government on )ndia to save the %&-based %nion Carbide, the parent company, from civil and criminal liability. s a result, at every little step, the law could not provide !ustice to the over 26,000 who died due to the gas lea". 9ore than five la"h victims who suffered chronic diseases are struggling and pleading for help, even now. The =une ; !udgment of a local court in ,hopal, sentencing the convicted officials of the )ndian arm of %nion Carbide to a mere two-year sentence, has made the entire nation feel small and impotent before the might of the multinational corporations, the sluggish )ndian !ustice system and its spineless political establishment. The entire ,hopal saga was witnessed from close $uarters by :a!"umar Eeswani, an outstanding !ournalist, who had in fact foreseen this catastrophe. His wor" proves that the tragedy of ,hopal started much before @ecember M, 2345. Two years before the %nion Carbide factory lea"ed "iller gas, he wrote in a wee"ly magazine called Rapat FnewsG: ',hopal jwalamukhi ki kagaar par F,hopal on the edge of a volcanoG'. Eeswani has witnessed the entire saga of deception of the victims of ,hopal by the )ndian and merican governments and multinational corporations. He shares his agony in a telephonic interview with's &heela ,hatt. Nou have been following the ,hopal gas lea" case for /6 years. 'hat was your first reaction on hearing the verdict on =une ;A ) had no e#pectations on that day. The seed of this !udgment was sown when a &upreme Court bench headed by then Chief =ustice of )ndia, H hmadi, passed a !udgment in 233P that converted section M05 F))G Fculpable homicide not amounting to murderG of the )ndian penal code to M05- Fcausing death by negligenceG to try the case. )n 233P we "new the fate of the ,hopal gas case. He diluted the charges filed against %nion Carbide. 'hat happened was the culmination of in!ustice that started with that !udgment. 'as there a design behind thisA ) can't say how it was done. ,ut surely there was some design. ?ventually, after retirement, =ustice hmadi became the lifetime chairman of the ,hopal 9emorial Hospital Trust and :esearch Centre which has funds worth millions of rupees. Those millions, paid by %nion Carbide for the poor victims, are under his control even now. The dilution of charges helped F%CC chairmanG 'arren nderson and %nion Carbide in a big way, rightA

'hen we tal" about %nion Carbide and nderson, we must remember that they have never ever been sub!ect to )ndian laws. They have never appeared before an )ndian court, nor have they lost anything due to ,hopal or benefited by the =une ; !udgment. -ur country's system gave them eternal protection from any legal proceedings. There was no serious attempt at all to bring nderson to this country in the last /6 years. Can you tell us what "ind of evidence you had against the %&-based %nion Carbide Corporation, parent company of %nion Carbide )ndiaA ) started wor"ing on this story in 2342. That was the time when my friend 9ohammad sharaf was wor"ing in %nion Carbide )ndia 8imited. He died due to e#posure to phosgene gas. ) had an idea that some hazardous chemicals are being used in the ,hopal factory. ) reported on his death and then wor"ed for nine months on "nowing about the factory. ) reported my first story in &eptember 234/. )n -ctober that year ) ran a series and wrote wee"ly reports against %nion Carbide and the possibility of ris" to human lives due to the chemicals in the plant. +eople treated me li"e a crazy man. They used to tell me, 'Arre aisa kabhi hota hai kya? Aisa kabhi hua hai kya is duniya meinA' F@o things li"e this happenA Have such things happened anywhere in the worldAG +eople in government, who were in the "now of things, were hand in glove with the management of %nion Carbide. They would trust %nion Carbide more than anything else. %nion Carbide was the only multinational at that time in a small city li"e ,hopal. Their reputation was such that it was difficult for anyone to believe that they could be negligent. )t was very disappointing for me. ,ut what "ind of evidence did you have against %CC of the %&A )n 234/, an audit team had visited %nion Carbide in ,hopal. They had inspected the plant and said that certain safety measures must be ta"en, otherwise there could be a gas lea". ) printed the report of the visit of the audit team and their observations in Jansatta before the 2345 gas lea". t 26 places in that report, they had written that safety measures are not proper and it could have a 'runaway' reaction. &o the plant had problems before the lea" in 2345. There is enough proof. &econd, %CC, %& said they were not involved in the day to day running of the plant so they could not be made responsible. There are tele# messages as proof which shows that the company in %& was totally involved in all the decisions of the company in ,hopal. They were sending instructions to ,hopal. %CC )ndia had a wor"s manager named = 9u"und Fone of the accused who was convicted on =une ;G. He had sent a message as"ing for advice about coating the pipes. The %&-based parent company sent him a message saying that the best material for piping would be too e#pensive and too difficult to ac$uire. How can %CC, %& escape their responsibility when they were advising ,hopal to economise on safety measuresA They were telling ,hopal to use cheaper material. They were advising it to

compromise on safety. 9u"und's message was sent on ugust /;, 2345. =ust a few wee"s before the fateful lea". @o you have the copies of those tele# e#changesA Nes. =ustice hmadi, when he diluted the charges against the company, didn't see these tele# messagesA He saw what he wanted to see. ctually, there was a review petition of his order but he re!ected it. 'e had sent messages to all the members of +arliament at that time to press for a review of the dilution of charges against the company. There are hundreds of documents that suggest that the parent company was involved in the running of the ,hopal company and they were aware of the problems in the plant. ) submitted all of it in a %& court too. )n 234/, ) had documents to prove that safety measures in the plant were faulty. ) managed to raise the %nion Carbide plant issue in the 9+ assembly. The government denied any such threat, it is on record. The government denied my report and said there is a fool-proof system in the factory and there is nothing to worry about. The government said all these things in defence of %nion Carbide in @ecember 234/O ) wrote to the Chief =ustice of )ndia in 234/ to intervene in the ,hopal factory. Bobody cared. ) got no response. 'ho played the bigger game in the ,hopal 'cover-up'A %nion Carbide Corporation, %& , played the game with the help of the 1overnment of )ndia and the government of 9adhya +radesh. )f you find out how the settlement of 2343 was reached, you will "now what ) am saying is correct. The settlement was done with the &upreme Court's sanction. Carbide agreed to pay :s ;06 crore and the 1overnment of )ndia agreed to drop all civil and criminal cases against %nion Carbide, which was later challenged in the court. 'ho did thisA )t was :a!iv 1andhi who made this settlement possible. )t was the ultimate shame that the 1overnment of )ndia accepted money for the victims to $uash criminal proceedings against %CC. ) challenged it in the court with the help of )ndira =aising, my lawyer. -nly after that petition was the criminal case revived in =une 2343. nyone can understand what the role of the 1overnment of )ndia has been in helping victims. )t's very intriguing to see that after the ,hopal tragedy innumerable B1-s, from stalwarts li"e )ndira =aising to hundreds of local community leaders, fought for the victims but nothing came out of it. 'hy such a total failureA This is a very serious $uestion. ) am also worried about it. ) don't "now if ) should say anything on it.

,ut so much has been done by the foot soldiers of civil society. ll over the world the victims have sympathisers. &till !ustice was not done. 'hyA These are voices only. )n society today only a loud bang is heard. That can be done by the television media. )f the people would have reacted in a similar manner in 233P to =ustice hmadi's decision, the ,hopal verdict would have been different. How do you loo" at the ,hopal !udgmentA ) thin" the !udge in his wisdom has not spo"en much on F%C )ndia chairmanG Eeshub 9ahindra's role. 'e have a grouse against it. )t should be challenged. The )ndian managers were e$ually responsible. )n ,hopal, during these /P years, has Eeshub 9ahindra ever said sorryA Bo. :ather, they have been manipulating the case. ) have evidence to say so. 'ho are the guilty men of ,hopalA There is %nion Carbide Company who compromised safety for profit. There was the )ndian government who could not withstand the might of the multinationals. The cause of the tragedy was %nion Carbide, but the in!ustice was due to the slow process of the !udiciary and the Central ,ureau of )nvestigation. The investigating agency became a partner in crime. 'ho helped ndersonA 'ho e#ecuted the operation to get him out of )ndia on @ecember ;, 2345A The merican government and the %& embassy put pressure on the )ndian government. They put pressure on the +rime 9inister's -ffice. :a!iv 1andhi, reportedly, as"ed run &ingh to ensure nderson's release. Chief 9inister r!un &ingh didn't convey to Bew @elhi S )mages T the popular sentiments on the ground in ,hopal. 'e reported these things then. 'e have no recordings of it now but we reported though our sources. Nou are fighting since /P years but now you see all around that people are reacting sensitively. There is a feeling of anguish and frustration. How do you see the newfound interest in the ,hopal caseA This is due to the new media and the images on television. Yeh TV ka kamal hai. These days, we are dictated by images on TI. They ma"e us cry and they ma"e us laugh. )t is good, and even bad sometimes. )n the case of ,hopal tragedy it is good that TI is sha"ing our memories.

+olice released nderson after 'deleting' stringent charge

Three days after the ,hopal gas tragedy, the police here had released the then %nion Carbide C?- 'arren nderson and two others on bail by *deleting* in the complaint a stringent charge under the )+C against them, trial court sources said today. perusal of court documents shows that the in-charge of the Hanuman 1an! +olice &tation, &urender &ingh, had initially arrested nderson, then %C)8 chairman Eeshub 9ahindra and senior company official Ii!ay +ra"ash 1o"hale at 20.20 9 on @ecember ;,2345 in the presence of one :a"esh Eumar under various sections of )+C including M05 Fculpable homicide not amounting to murderG. They were also charged with sections M05 Fcausing death by negligenceG, /;4 Fma"ing atmosphere no#ious to healthG, /45 Fnegligent conduct with respect to poisonous substanceG, 5/P FmischiefG and 5/3 Fmischief by "illing or maiming cattle, other animalsG. 8ater, the police released the three, *deleting* the charge against them under &ection M05, they said. The sources said that police had no right to delete such a charge and in doing so they had e#ceeded their brief. *)f the charge had not been deleted, nderson may not have been able to leave )ndia,* they said. The C,) had later boo"ed 9ahindra and 1o"hale under &ection M05 which provides for prison term of 20 years. However, the &upreme Court had dropped the stringent section in the case. -ver 26,000 people were "illed and thousands of others maimed when the deadly methyl isocyanate F9)CG gas lea"ed from the %nion Carbide plant on the intervening night of @ecember /-M, 2345. 9+ C9 see"s e#planation from r!un &ingh on how nderson fled Bew @elhi: 9adhya +radesh Chief 9inister &hivra! &ingh Chouhan on Jriday said that his government will go to any e#tent to get !ustice for ,hopal gas victims and demanded an e#planation from then Chief 9inister r!un &ingh on how former %nion Carbide C?- 'arren nderson fled the country. *'e will go to any e#tent to get !ustice for the victims...This is not an issue of ,hopal or the state. )t should act as an e#ample of how to give punishment in such cases,* he told reporters here.

Boting that the people of the state felt *let down* following the gas tragedy verdict, Chouhan said he has written to r!un &ingh and as"ed for a reply on the circumstances that led to nderson's escape. *8et r!un &ingh e#plain it. 'hether he did it Fgave permission for providing state aircraftG himself or anybody told him to do so. 'e want a reply from him if a wrong direction was given. nd after all, why such a direction was given. *There are lot many $uestions li"e why the C,) filed no appeal when the charges in the case were diluted in 233;. )f he gives a statement, things would be clear. The state and the country want to "now these circumstances,* he said. Chouhan said a five-member team of legal e#perts has been set up by the state government to loo" into the issue and e#amine what could be done legally to get ,hopal gas victims !ustice. The interim report of the team would be out in the ne#t ten days, he said. s"ed about the conflicting statements of Congress leaders li"e @igvi!ay &ingh and &atyavrat Chaturvedi on nderson fleeing the country, Chouhan said he did not want to politicise the issue but added that this was only leading to confusion. *&omebody is saying the Centre is responsible while somebody else says the issues comes under the state. @ifferent people are spea"ing in different voices...-ne wants to protect somebody while the other wants to trap someone else. *This is leading to confusion... r!un &ingh should spea" the truth. 'hat other Congress leaders are spea"ing is only bringing out the contradictions within the Congress party,* he said. He said that his government is open to all options and will decide after the committee report on whether to constitute a probe commission go into the lapses or ta"e up the issue with %& courts.

C,) failed to act on warrant against nderson last year ,hopal: The trial court in the ,hopal gas tragedy case had issued an arrest warrant against former %nion Carbide C?- 'arren nderson last year but the C,) had failed to give any written response to it, according to court sources. They said the warrant, the second against nderson, was issued by Chief =udicial 9agistrate 9ohan + Tiwari on =uly /, /003 but the C,) did not give any written response to it.

nderson was the chairman of the %nion Carbide Corporation F%CCG at the time of the disaster in @ecember 2345 which left over 26,000 people dead. )nstead, they said, a C,) official met Tiwari and orally conveyed to him that for the agency, nderson's case had been closed. The first court warrant against nderson was issued in 233/. @irection to release nderson must have come from C9: ?# H& Bew @elhi: Jormer 9adhya +radesh Home &ecretary E & &harma on Jriday said that the then Chief 9inister r!un &ingh may have given directions to officials to release former %nion Carbide chief 'arren nderson. &harma, who was the Home &ecretary when the ,hopal gas tragedy too" place, said the pressure to release nderson must have come from the Chief 9inister as *no officer would ta"e such a step without direct instructions from the government*. *:ight from the beginning there had been some soft approach towards the whole thing otherwise he F ndersonG would have not been "ept in a guest house when he was in custody. :eleasing an accused of such a heinous crime on the same day means there was a tremendous pressure,* he said. *...)t is difficult to say from where this pressure came but certainly the pressure from Chief 9inister on officials must have been there because no officer would ta"e such a step without direct instructions from government.* &harma claimed despite being the Home &ecretary he was not "ept in the loop and *not informed about nderson's release.* To a $uestion whether there was pressure on r!un &ingh, he said: *This is not "nown to me whether there was some pressure on r!un &ingh or not...) did not discuss with Chief 9inister r!un &ingh. ) really do not "now. *,ut he certainly gave FsomeG instructions because the Collector had said the Chief &ecretary told him. The Chief &ecretary should not have told him. The Chief &ecretary should not have passed on these instructions without very strong instructions from the Chief 9inister,* he said. He also $uestioned the 1overnment's decision to "eep nderson in a guest house after his arrest and termed the grant of bail to him as illegal. *)t is certainly unusual. lthough in a few cases it does happen but it is when the offence is not heinous and the person is respectable. ,ut so far as this case is concerned, 26,000 persons have died and "eeping accused in rest house was certainly, ) would say, very unfortunate and shouldn't have been done,* &harma said.

*'hen the case, which was registered under &ection M05 which is a non-bailable cognisable offence in which the bail can only be granted by &essions court after the discussions and arguments by both sides. Therefore the grant of bail in my view was illegal,* the former bureaucrat said. *)n a high profile case, in which so many persons died and somebody who had come from the %& has been arrested and if he has been released same day on bail, not informing me or not "eeping me in the loop, not consulting me was certainly not normal. )n such cases the Home &ecretary is always consulted.* &harma said the then ,hopal &uperintendent of +olice had informed him about nderson's arrest and he was not aware that he was released on bail. *'hether there was pressure or not, ) am not aware because till his release ) was not in the loop. ) was not consulted at all. &o ) have absolutely no information whether there was pressure to release,* &harma said. Congress denies :a!iv had a role in nderson escape Bew @elhi: The Congress party on Jriday strongly re!ected a former prime ministerial aide +.C. le#ander's indication that the then prime minister :a!iv 1andhi had helped 'arren nderson, the C?- of %nion Carbide Corp in 2345, escape from the country within days of ,hopal gas tragedy. le#ander reportedly stated that 1andhi and then 9adhya +radesh chief minister r!un &ingh were directly in touch with each other over the escape of nderson from the country barely days after the world's biggest industrial disaster in ,hopal @ec /-M, 2345. Congress spo"esperson =ayanti Batara!an said there *is nothing unusual* in a prime minister and a chief minister being in constant touch with each other. &he said the 1roup of 9inisters for ,hopal gas tragedy would *gather all information and put it before the people*.

Sa+ing ,emocrac" From The Corporate Veil " !opal 3rishna i!e things the "# should do to $uell the global outrage after the recent !erdict in the %hopal gas leak case and pro!ide some justice to the !ictims

The labour pains for giving birth to an understanding of a trans-national corporation, the scope of its civil and criminal liability, its corporate veil and the chemical disaster of ,hopal is still far from over. ,y now it is clear that unless %& government decides to act no one else can get to the bottom of the most comple# industrial catastrophe "nown to man"ind in the /0th century. 'ithout the helpful intervention by the %& +resident ,arac" -bama, the litigation process will never be able to provide !ustice to the victims and penalise the natural and artificial culprits. s democracies, li"e )ndian government, is it time for %& government too to act as parens patriae FguardianG for the past, present and future victims of ,hopal in particular and for !ustice see"ing people of the world. The parens patriae doctrine which was deemed as a pioneering innovation in !urisprudence was invo"ed for the protection of all victims of disaster but was sabotaged. 'hile government of )ndia enacted itself as parens patriae, @ow Chemicals Company Fafter %nion Carbide's merger in /002G and its agent in the government have enacted for themselves a similar role for the global community of the trans-national corporations against !ustice see"ing victims. The global outrage against such sabotage stage-managed under the guidance of %& government that has become evident in the aftermath of the =une ; verdict merits +resident -bama's intervention to set matters right. Ta"ing recourse to !udicial escapism instead of acting to evolve a !urisprudence of liability for corporations gravely endangers people's trust in democracy everywhere. The deafening silence of the %& president and legislature to ensure !ustice to the victims of corporation engineered mass disaster if not bro"en would constitute *yet another instance of merican imperialism* in the words of %& =udge Eeenan who heard the ,hopal case in Bew Nor" district court.

%naccountable and ungovernable corporations are a threat to all the democracies. )f democracy in %& and )ndia is indeed non-negotiable, it merits global efforts to @ow Chemicals and 'arren nderson accountable. This is re$uired to fi# the liability of a trans-national corporation. )n a historic and touching *e#traordinary act a foreign sovereign government see"ing !ustice in an merican court*, )ndia had appealed to the democratic !udicial system of %& for relief in the matter of industrial disaster of ,hopal caused by a %& multinational corporation. How democratic governments of %& and )ndia respond to provide legal remedy sets a precedent that either legitimises or delegitamises its very e#istence. The government of )ndia filed a suit on &eptember 6, 234P for damages in the court of district !udge, ,hopal F:egular Civil &uit B. 22M/4PG against the %& company, %nion Carbide Corporation, Connecticut, %& on behalf of all the persons, who have suffered damages due to ,hopal gas lea" disaster praying for *a decree for punitive damages in an amount sufficient to deter the defendant %nion Carbide and other multinational corporations involved in similar business activities from willful, malicious and wanton disregard of the rights and safety of citizens of )ndia.* The )ndian government noted in its reply in the court that %nion Carbide's management policies, states that *it is the general policy of the corporation to secure and maintain effective management control of an affiliate.* )f the %& is indeed a democratic state, its constitution is still alive then it must ma"e corporations li"e @ow Chemicals and ,ritish +etroleum liable and accountable for their acts of omission and commission. The following steps are re$uired in %& towards that end: 2. The %& government should accept the above submission of the government of )ndia that *the corporation and its subsidiaries are treated as a unit, without regard to the location of responsibility within that unit*. Conse$uently, an illegal act by it be deemed as the act of the corporation, without consideration to its location of responsibility. The customary alibi of corporations li"e @ow Chemicals is an act in

sophistry designed to conceal fact of crime and criminals of the upper-world. The %& government should disclose all the trade secrets of the %nion Carbide Corporation and its research and development centre that %nion Carbide operated in ,hopal since 23;P that was suspected to be e#perimenting with wartime use of chemicals. This suspicion regarding the disaster being a conse$uence of e#perimenting with war time chemicals is yet to be probed. %& government should underta"e and facilitate such probe. /. The %& government must ta"e note of the verdict by the chief !udicial magistrate, ,hopal, wherein it is stated, *'arren nderson, %CC %& and %CC Eowlnn Hong Eong are still absconding and therefore, every part of this case Fcriminal fileG is "ept intact along with the e#hibited and un-e#hibited documents and the property related to this case, in safe custody, till their appearance*. )n the interest of !ustice for the ,hopal victims, the %& government should e#pedite the process of e#traditing nderson at the earliest. M. @ow Chemicals Company has set aside ././ billion to address future asbestosrelated liabilities arising out of the %nion Carbide ac$uisition. How is that @ow Chemicals can ta"e the asbestos liability of %nion Carbide and not the liability for the industrial catastrophe in ,hopalA The %& government should volunteer its assistance in ascertaining the ,hopal disaster's inherited liability of @ow Chemicals Company. 5. The %& government should promote acceptance of the resolution of %B &ubCommission on the +romotion and +rotection of Human :ights that approved the '%B norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights' as a step towards ensuring corporate accountability. rticle 24 of the norms called on trans-national corporations and other business enterprises to ma"e reparations for damage done through their failure to meet the standards spelled out: *Transnational corporations and other business enterprises shall provide prompt, effective and ade$uate reparation to those persons, entities and communities that have been adversely affected by failures to comply

with these norms through, inter alia, reparations, restitution, compensation and rehabilitation for any damage done or property ta"en. )n connection with determining damages, in regard to criminal sanctions, and in all other respects, these norms shall be applied by national courts and/or international tribunals, pursuant to national and international law.* 6. )n memory of victims of ,hopal, the %& and )ndian governments should call for a mandatory regime for regulating trans-national corporations unli"e %B's voluntary global compact and re!ect the report of the %nited Bations &ecretary-1eneral's &pecial :epresentative for ,usiness and Human :ights wherein it underlined the need for voluntary regulation and self compliance by the companies saying, *'hile corporations may be considered organs of society, they are specialised economic organs, not democratic public interest institutions. )f there is one lesson that democracies across the world have clearly not learnt from industrial disasters, it is to ascertain the nature of all the genocidal acts of corporations and the very legal design of the corporation so as to ma"e it genuinely governable by democratic legislatures. undermines intergenerational e$uity. befitting tribute to victims of ,hopal lies in learning this lesson in order to prevent future industrial warfare that irreparably

)B@) : -bama administration official supports corporate interests over victims of world's worst industrial disaster @eputy Bational &ecurity dvisor Jroman reveals administration>s double standards on corporate accountability for victims of ,hopal 1as @isaster t a time when the world is focused on corporate accountability in the wa"e of the ,+'s 1ulf -il &pill, a lea"ed email from the -bama administration shows that it values profit over people, when the profit benefits merican corporations. The victims of the world>s worst industrial disaster were disappointed to see today that the 'hite House is not pursuing the same levels of accountability from merican @ow Chemical as it has from ,+. 'hen @ow purchased %nion Carbide in /002, the corporation ac$uired outstanding liability for the ongoing disaster in ,hopal, which has led to the deaths of an estimated

/6,000 people in ,hopal, )ndia following the 2345 1as @isaster. Today, 9umbai-based Times Bow published an email chain between 'hite House @eputy Bational &ecurity dvisor 9ichael Jroman, and )ndian @eputy Chairman of the +lanning Commission, 9onte" &ingh hluwalia. )n response to an hluwalia>s email re$uesting assistance as )ndia faces a sharp restriction in the 'orld ,an">s lending, Jroman replied: *'e are aware of this issue and we will loo" into it. 'e are hearing a lot of noise about the @ow Chemical issue. ) trust that you are monitoring it carefully. ) am not familiar with all the details, but ) thin" we want to avoid developments which put a chilling effect on our investment relationship.* Here -bama>s @eputy B& apparently tied potential development aid to )ndia with @ow Chemical>s liability in ,hopal. The 'hite House denies any lin"age between the ),:@ lending and @ow>s ongoing lac" of responsibility. Jorman>s statement shows callous disregard for ongoing in!ustice and lac" of accountability /P years after the disaster. The survivor organizations in )ndia, 6 of which have been protesting in @elhi this past month, have faced infringements on their basic rights, especially through discriminatory police abuse. threatening statement from the -bama office could further repressive action from )ndian Central 1overnment of )ndia. Jollowing months of safety cuts, on @ec M, 2345 the %nion Carbide pesticide plant in ,hopal lea"ed deadly gas containing 9ethyl isocyanate F9)CG over the city of,hopal. )n the immediate aftermath 4-2/,000 people died. Currently the death toll has risen to appro#imately /6,000 people. -ver 200,000 people are still too sic" to wor" because of long-term health disability. The )ndian 1overnment has been forced to address the ,hopal issue in the recent months following a =une ; verdict convicting the officials of %nion Carbide's former )ndian subsidiary on charges of criminal negligence. The charges and sentence, e$uivalent to a traffic violation, enraged the )ndian public, as did the fact the %nion Carbide and its former C?- 'arren nderson have refused to appear in court to face charges of culpable homicide. ,hopal survivors say that @ow Chemical should not be allowed to continue doing business in )ndia until its subsidiary appears in court and cleans up the site of the disaster. The )nternational Campaign for =ustice for ,hopal F)C=,G is a coalition led by four survivor organizations along with environmental, social !ustice, progressive )ndian, and human rights groups around the world. )C=, wor"s to hold the )ndian 1overnment and @ow Chemical Corporation Fthe current owner of %nion CarbideG accountable for the ongoing chemical disaster in ,hopal, )ndia. )t was set up to address the grave in!ustices suffered by the half million ,hopal 1as @isaster survivors. ,hopal and the ,+ -il &pill: ,y 9adhur &ingh s ,+ struggles to contain the damage the @eepwater Horizon oil spill has caused to the Tale of Two @isasters

1ulf of 9e#ico and to the people whose livelihoods depend on its waters, a legal !udgment in the worst industrial catastrophe in history highlights how wrong the aftermath of such disasters can go R not !ust in terms of a cleanup but in the matter of !ustice. )t is a terrifying lesson in how a corporation can evade full responsibility for one of the most heinous accidents in human history. -n 9onday, more than /6 years after 50 tons of highly to#ic methyl isocyanate F9)CG was released from a %nion Carbide plant in the central )ndian city of ,hopal R "illing thousands in a matter of hours and over years, rendering hundreds of thousands seriously ill and causing genetic defects in yet-to-be-born generations R a local court announced its verdict. )t held eight former employees of %nion Carbide )ndia 8td guilty of criminal negligence and sentenced seven of them to two years in prison and a fine of ./,200. FThe eighth defendant died during the course of the /M-year trial.G The convicted former employees were out on bail R of !ust .600 each R in less than two hours. %nion Carbide )ndia, which no longer e#ists, was fined less than .22,000. F&ee the legacy of the ,hopal disaster.G The !udgments are li"ely to be appealed. 1iven the speed of the wheels of !ustice in )ndia, the case is li"ely to outlast most of the ,hopal survivors and the accused. The most prominent name in the latter category is 'arren nderson, the merican C?- of %nion Carbide, the %.&. parent company. He is now 43 years old. rrested by )ndian police when he visited the disaster site, he was released on bail and flew out of the country. He continues to be a fugitive from )ndian law and hence has not been tried. FHe is believed to be living somewhere in Bew Nor" state.G t the same time, no one has been assigned responsibility for cleaning up,hopal's ground zero, which researchers and activists say continues to leach to#ic chemicals into the groundwater, used by thousands of families. F&ee T)9?'s 2345 cover story on the ,hopal disaster.G The outcome of the case has ignited outrage and disbelief across )ndia. Bo less than the 8aw 9inister and a former Chief =ustice have said !ustice has been delayed and denied. The &conomic Times newspaper led its front page with the headline * fter /6 Nears, nother Tragedy &tri"es ,hopal.* *'e are used to being let down,* says :achna @hingra of the ,hopal 1roup for )nformation and ction, her voice catching as she spo"e to T)9? by phone, *by our government ... now even the !udiciary.* The letdowns have been serious and repeated R and apparently preordained because of decisions that facilitated the disaster itself. )nvestigations over the years have shown that the ,hopal plant design was faulty and that there was ne#t to no emergency preparedness R issues that the parent company in the %.&.apparently "new about, according to the groups that conducted the studies. The company was operating in )ndia with standards unacceptable in the %.&. F&ee pictures of the 1ulf oil spill.G The )ndian government seemed to go out of its way to cushion the e#perience for %nion Carbide. fter first suing the company for .M.M billion in 2346, Bew @elhiannounced an out-of-court settlement of .5;0 million in Jebruary 2343. Then a 233P ruling by another &upreme Court !udge watered down the charges against the accused from culpable homicide Fwith ma#imum punishment of 20 years' !ail termG to criminal negligence Fma#imum sentence two yearsG. The various governments that have ruled )ndia in the meantime have not ta"en on %nion Carbide, which is now owned by @ow Chemical. 9eanwhile, Eeshub 9ahindra, chairman of %nion Carbide )ndia 8td at the time of the ,hopal disaster and now chairman of )ndia's automobile giant 9ahindra L 9ahindra, was nominated for a civilian honor, the +adma ,hushan, in /00/. He had to decline in the face of widespread protests.

lthough environmental legislation was ramped up in the wa"e of the ,hopal disaster, companies continue to operate in )ndia in ways that severely R if not as dramatically R pollute the environment and impact people's health and livelihoods. ,ritain-based mining ma!or Iedanta, for instance, has faced censure from mnesty )nternational for violating the human rights of communities in -rissa, where it operates bau#ite mines. )ndia continues to be the world's e-waste dump. -f late, the government, "een to attract foreign investment to its nascent nuclear energy mar"et, has been pushing a bill to limit the liability of a nuclear-plant operator to .222 million. *'e've learned nothing from ,hopal,* says &upreme Court lawyer +rashant ,hushan. *There is a drive to attract foreign investment overwhelming all other considerations.* -pposition parties have already demanded a rethin" of the proposed legislation in the face of the ,hopal outcome. F&ee pictures of people protesting ,+.G There is still outrage that the %.&. refuses to e#tradite 'arren nderson to face criminal charges in )ndia. Bew @elhi made the re$uest in /00M, and it was refused the year after. %.&. ssistant &ecretary of &tate for &outh sia :obert ,la"e, reacting to 9onday's ,hopal verdict, said, *) don't e#pect this verdict to reopen any new in$uiries or anything li"e that. -n the contrary, we hope that this is going to help to bring closure.* The ,hopal activists now plan to file a writ petition in the higher court to admit more charges against %nion Carbide and nderson, see"ing an as-yet-unspecified figure for personal and property damages, health monitoring and cleanup of the site, which is li"ely to run into billions of dollars. )ndians point at the way the %.&. government is now confronting ,+ R holding it s$uarely responsible for the oil spill and accountable for all cleanup costs R as a star" contrast to the way their own government has dealt with %nion Carbide. The hope in )ndia is that %.&. courts will be more amenable to the re$uests of ,hopal's victims now that merica has a huge environmental disaster in its own bac"yard. The ,hopal activists say the )ndian government must !oin the case in the %.&. as a plaintiff Findeed, it owns the land on which the %nion Carbide factory was locatedG. *+rime 9inister 9anmohan &ingh should be inspired by +resident -bama's recent commitment toward ma"ing ,+ pay every cent for its oil spill,* says &atinath &arangi of the ,hopal 1roup for )nformation and ction. * nd the %.&. government must follow the same standards on corporate liability for %.&. corporations operating in )ndia as it e#pects for corporations operating in the %.&.* &ee the world's top 20 environmental disasters. &ee pictures of critters caught in the 1ulf oil spill.

%' and "nion (arbide) (orporate Responsibility or (orporate *iability by +ukesh ,illiams Two momentous events separate in time and location have seared our consciousnessRthe ,ritish F,eyondG +etroleum 1ulf Coast oil spill on pril /0, /020 and the merican %nion Carbide ,hopal 1as Tragedy in @ecember M, 2345. Twenty five years separate these two environmental and human disasters but the greed of big multinational corporations in connivance with state and central agencies still remains insatiable. 'ith a "een eye on profit, big companies compromise safety standards, falsify data, overstate their strength, underestimate their drawbac"s, bribe officials, lobby for protection and misinform the

public. )t is rather difficult to fuse ethical economic standards with ravenous profitma"ing schemes. Though oil and gas stin" most multinational corporations love it. The neo-classical model of economics has reduced our land and environment to a mere abstraction that can be e#ploited in terms of supply and demand without compunction. ,ig companies continue to wrec" havoc on our human and natural systems devastating our lives in the name of human progress and development. t such moments we often wonder where is the fashionable concept called social corporate responsibility that is often taught as a philanthropic and ethical tool in business management departments to unsuspecting students. Corporate greed li"e all other forms of human greed need to be "ept under strict chec" by international pay czars or up-to-date legislation based on global standards with teeth for swift punishment. lso the rhetoric of corporate companies must be separated from what they actually do, how long they do what they do, and what they hide. constant monitoring system both on the part of governments and private groups must be effectively installed in collaboration with the media to thwart their nefarious activities and ulterior motives. "nion (arbide %hopal -as Tragedy ./01 ?arly this month the )ndian &upreme Court passed a verdict indicting the merican C?- of %nion Carbide 'arren nderson who was allowed to escape to the %nited &tates twenty five years ago possibly with the connivance of either the state or central agencies in )ndia. Bow both the Congress government and state ministries are trying to escape their involvement in the mur"y plot. 'ho wanted the truth thenA nd who wants the truth nowA The declassified C) report of @ecember 4, 2345 and recent revelations by the principal secretary of :a!iv 1andhi, +. C. le#ander, point to political intrigue involving both state and center in releasing nderson. Bow some leaders claim that the worsening law and order situation in ,hopal in the wa"e of the accident forced Chief 9inister r!un &ingh to provide a safe corridor to nderson out of the country. &ome li"e :a!inder +uri even see the direct hand of :a!eev 1andhi himself. )t seems that %& +resident :onald :eagan phoned :a!eev 1andhi to release nderson. The media would li"e us to believe that even +. Chidambaram and Eamal Bath were campaigning for @ow Chemical to get special concessions so it could invest in )ndia. The chief minister of 1u!arat Barendra 9odi criticized &onia 1andhi for the complicity of the Congress +arty in the mur"y affair but it has come to light that he had signed an 9-% between state public sector company 1u!arat l"alies and Chemicals 8td and @ow Chemicals in pril /004. This is the case of the pot calling the "ettle blac". &eemingly neither the merican nor the )ndian establishments saw the industrial disaster as the responsibility of the 9BC %nion Carbide. The company was bought by @ow Chemical Company in 2333 further camouflaging accountability. @ow Chemical was the second biggest Te#as polluting company in /003 and paid 2.25 million %&@ on eight counts of pollution. Bow it is investing again in )ndia with the syrupy connivance of people in power. ?ven after /6 years the public would li"e to "now if it was r!un &ingh the chief minister of 9adhya +radesh or influential persons in :a!iv 1andhi>s government at the center or the prime minister himself responsible for giving a free passage to nderson to fly bac" to

the %.&. )ndia has an e#tradition treaty with the %nited &tates and under changed circumstances today when merica itself is suffering from another 9BC ,+, there might be possibility of bringing the fugitive C?- bac" to !ustice if )ndia can put together enough evidence. 1reenpeace believes that in the 234/ safety audit of the ,hopal factory in the %& addressed thirty safety hazards. nderson "new about them and compromised safety standards causing the death of /0,000 people and affecting 6;4,000 to date. To ma"e the tragedy reprehensible the out of court settlement made %nion Carbide pay a sum of 5;0 million %&@ instead of M.6 billion initially demanded, with each victim getting a measly sum of 660 %&@ in 2343. )n the same year ?##on oil spill in +rince 'illiam &ound las"a forced the company to pay 6 billion %&@ of which it paid half. ?ven today there is 5/6 tons of hazardous waste in ,hopal left by %nion Carbide that needs to be cleaned. 'ho will do itR@ow Chemical or the )ndian state governmentA nderson now 30 years lives in a lu#ury home worth 300,000 %&@ at 3/3 -cean :oad, ,ridgehampton, 8ong )sland, Bew Nor". He is now less of a fugitive and more of a monarch F&onnenfeld, 2332G. )t is obvious that in many cases !ustice delayed is !ustice denied. &hould we stop big companies from doing businessA &hould we impose heavy penalty on erring foreign companiesA -r should we reform the slow and cumbrous !udicial systemA =eremy Eahn writing in The aster Times calls for !udicial reform rather than protectionism FEahn, /020G. The )ndian +arliament is debating a law capping liability for foreign nuclear power companies involved in disasters to pay 200 million %&@ a pittance when compared to the %& demand of 200 billion %&@ from ,+. Then )ndian law capping liability lac"s teeth and may not cover non-nuclear companies. &o they can pollute as of before. %ritish or %eyond 'etroleum The ,ritish are desperate to save ,+ from going down by bringing silly arguments li"e ,+ has been a part of merica since it merged with merican energy moco in 2334 and ac$uired the 1ulf of 9e#ico drilling rights F The 2ndependent, <Cameron 'arns -bama over Criticizing ,+D 2M =une /020G. The new ,ritish +rime 9inister @avid Cameron has also chipped in underscoring the sustained <economic importanceD of ,+ to both ,ritain and merica. merican +resident ,arrac" -bama however is needled by %& senators, whose states have been ravaged by oil spills, to push for 200 billion %&@ compensation, which if realized would force ,+ to go ban"rupt. The ,ritish media believes that -bama>s anti,ritish rhetoric is testing nglo- merican relations. -bama claims that merican relation with ,ritain has not been affected. The environmental disaster caused by a ,ritish multinational company should have nothing to do with national identity but corporate liability. -bama has called ,+ the &wedish Chairman Carl-Henric &vanberg, who earns a fat cat salary of M.4 million %&@, to the 'hite House for consultations. The ,ritish are cut up with -bama>s off the cuff remar" that he would have fired ,+>s chief e#ecutive Tony Hayward if the latter had wor"ed for him. 'ith %& pressure rising ,+ may not pay its $uarterly dividends which are essential to maintain e$uilibrium for %E pension funds. The P.;W shares lunge in the JT&? has adversely affected pension funds in the %E. )f the status $uo is not altered by merican pressure groups ,+ might only have to pay /0 to M; billion %&@ provided it can be proved that ,+ failed to meet safety regulations in the deep sea oil drilling.

Bow ,+ is using two "inds of dispersants manufactured by BalcoRCore#it 3600 and Core#it ?C 36/; . Core#it Fdeodorized "eroseneG is banned in the %nited Eingdom as even /.P2 ppm can "ill 60W of fish in 3P hours. The dispersants turn the oil slic" into small particulates which settle on the sea bed and ma"e things loo" clean on the surface, but they destroy marine life below. Core#it however is on the approved list of dispersants by the %& ?nvironmental +rotection gency though the ?+ has advised ,+ to use less to#ic dispersants. ,+ however refused citing lac" of availability. The to#icity of the present dispersants increase when they get mi#ed with oil. ,+ has lin"s with Balco. ,+s has poured 2,P/2,000 gallons of dispersants in the 1ulf of 9e#ico to contain the oil spill and has ordered for an additional 406,000 gallons. The ill effects of the dispersant on humans can result in various diseases, reduced growth, "idney failure and death. The ,ritish rely on ,+ as the national icon and savior of ,ritish deficit. 8ast year ,+ paid 2.5 billion dollars in ta#es on its profits. The oil spill in the 1ulf of 9e#ico is too far away for the ordinary ,ritons but the pension funds and ,+ dividends are closer home. )t stands to logic that a <large, wealthy companyD which is eager to pay 2.4 billion $uarterly dividends to its shareholders and whose last year>s sales and operating revenues were /M3 billion %&@, should pay 200 billion %&@ in damages. &ince the oil spill began on pril //, /020 till =une 26, /020, 66 days have gone by. nd if we estimate the oil spill at 60,000 barrels a day it comes to /;600000 gallons. )f each gallon spill is fined 5M00 %&@ as the %& is suggesting the actual fine would come to 224,/60,000,000 that is about 224 billion %&@. These figures may not be e#act and are vigorously contested by ,+ which would li"e to wor" with half the numbers. However the end is not in sight. ccording to ,+ officials it would not be before ugust that the spill can be contained. )f this is true then the figure could be doubled and ,+ would have to pay damages amounting to all the revenue it earned through sales last year. ,oth the merican government and public are hopeful that since earlier erring companies li"e Te#aco was forced into ban"ruptcy in 234; after paying 20.6M billion %&@ claim, ,+ too would have to cough up huge sums. nd ,+>s reputation does not help a wee bit whatever they claim to the contrary in those daily briefings on the )nternet. ,+ is "nown as one of the <ten worst corporationsD in the world when evaluated on their environmental pollution and infringement of their human rights record. )t also has the dubious distinction of being the most polluting company in the %nited &tates vis-X-vis ?+ to#ic release data of 2332. )t has been fined 2.; million %&@ for burning polluted gases at its -hio refinery. )t also paid 20 million %&@ fine to the ?+ in =uly /000 for mismanaging the %& oil refineries. The %& +ublic )nterest :esearch 1roup or +):1 claims that between =an 233; and 9arch 2334, ,+ was involved in 205 oil spills. -bviously a lot of wealthy shareholders, M;W on the ,ritish and M2 W on the merican side do not want this to happen. ,+>s propaganda regarding its C&: is highly effective as it tries to highlight only the positive aspects of what it has done. )n the past ,+ has invested some money in alternate fuel and green technologies but it has been criticized for proving private funds to public universities of the California ,ay rea and closing down its green technology office in 8ondon. )ts critics call its green technology pro!ects as green washing pro!ects. ,+ is also

a leading producer of solar panels and holds /0W of the global mar"et in this area and it uses this fact to great advantage for image building. )t operates the ampm convenience store chain in the %& and other countries and is the leading producer of wind power. )t is also involved in funding local and international politics. )t gave 6 million %&@ to democrats and republicans in 2330 and spent 2P million %&@ in lobbing at the %& Congress. The moral of the story is that it is not as clean as it claims, nor concerned with the lives of common people unless it serves its purpose or national interest. ,+ in its regional spill plan for the 1ulf of 9e#ico and site plan for the @eepwater Horizon rig understated the dangers and overstated its preparedness in the eventuality of a lea". 8ouisiana governor ,obby =indal criticized ,+ for being Vreactive> and not Vproactive> from the very beginning. Bow ,+>s report is e#amined $uite critically and it has been discovered that an e#pert professor listed in its /003 response plan died in /006. )t lists walruses, sea otters, sea lions and seals as <sensitive biological resourcesD when none inhabit the 1ulf of 9e#ico. lso names and phone numbers of marine specialists and marine networ" officers in 8ouisiana and Jlorida are not correct. The =ustice @epartment has to find evidence that ,+ destroyed "ey documents or lied to the government F The 3aily Yomiuri, =une 22, /020G. (orporate #ocial Responsibility Corporate social responsibility is one of the modern movements li"e environmental or tribal movements that have become the buzz word in both business and academic circles. ,oth businessmen and academics are cashing upon the divine benefits of C&: ma"ing more money for their companies and !obs for their departments. 9iddle level managers and professors have e#tolled about the virtues of C&: with other buzz words such as people friendly, eco friendly and sustainable. 'e have come to hear about the unselfishly egalitarian aspects of C&:. )t is really a wondrous transformation of the greed-driven capitalist economy of which the corporate system is a byproduct. 9ost critics of C&: are not against it per se but against the recent hype associated with it as a panacea of all corporate evils. )t is hard to believe that companies are out there not to ma"e profit. 'e are not tal"ing of bas"et cases but any company worth its salt aggressively mar"ets itself to ma"e real profit. nd what>s wrong in it. Companies are floated for this very purpose both by the shareholders and managers. ,ut in a changed climate of political advocacy of human rights against corporate greed, C&: seems to a new combative tool for companies to be both politically correct and ma"e money as usual. The problem however is that if business corporations give an inch they ta"e a mile. 3efinitions and 4bjections to (#R )n the %nited &tates C&: is seen as philanthropy while others see it as improving society, wor"force and government. There are arguments in favor of C&: where it is believed that it can support the social fabric of society and promote responsible business practices. ,ut C&: is usually presented as a mar"eting strategy that articulates business performance rather than encompass social and ethical standards. The recent collapse of merican business and manufacturing sectors has revealed the gap between C&: and actual self-

regulation. &ome C&: models ta"e the company beyond the law into providing public benefits, increase sales, mar"et shares, brand position, retain employees, reduce operating costs and increase investments F,aron, /002 ;-56G. There are models of C&: that ta"e into account competitive advantage, positioning, commitment, organizational integration, shareholder>s cooperation and self-correction. C&: helps to create a positive image of a company and brings it rich dividends. Though there are many definitions of C&: we must see C&: as the way business companies conduct their core business not the sops they give to society. common ob!ection leveled against C&: comes from the advocates of the laissez faire system who complain that C&: infringes upon the human rights of company shareholders as company managers unilaterally divert company resources to society in the name of better management F&ternberg, 2333G. @etractors of C&: complain that there should be a sta"eholder claim in C&: as to how it is done. business corporation should be fair and honest to both the shareholders and customers. C&: therefore depends on the model a company chooses and the reasons for its choice. )f a company uses C&: for image building through philanthropy it leads to both ethical and human rights problems. Nou cannot give away money which ultimately belongs to someone else. -n the flipside it also follows that if sta"eholders possess sole rights they also should bear full responsibility when there are environmental or social disasters. However if a C&: model see"s a consensus of both sta"eholders and company managers then it must become more open to the public. C&: must concentrate upon building customer relationships, attracting talented people, conducting ris" management and building the company>s reputation. (orporate Reputation and (#R Corporate business companies such as ,+ or Coca Cola cannot ignore their reputation as about 30 to 36 percent of their assets are intangibles and the remainder immovable property. ,ig companies such as 1eneral ?lectric, ),9 or 9otorola use the rhetoric of C&: to show public responsibility and environmental concerns but while conducting hardnosed bullying business practices are not so transparent in their dealings. few years ago &ir =ohn ,rowne of ,+ was praised for his aggressive promotion of ,+ while providing environmental leadership but now we come to "now that all along ,+ compromised on safety costs in oil drilling. This is happening in a powerful country li"e the %nited &tates where both politics and laws are strong. Had it happened in a developing or a poor country, things would have been $uite different. ,+ would have gotten away cheaply and %nion Carbide once did. C&: invariably wor"s for companies and countries with resources and political clout. )t is not for companies which are small and wea". &mall companies fight for survival, cut costs to ma"e ends meet and do not possess precious resources to waste on C&:. Bor can they follow up on legal battles if they come under the scanner. They function in a world of poverty, deprivation and loss. (onclusion )t is no longer tenable to follow neo-classical economics of &mith, 9ill and ,acon that the world is made for us and for us alone. 'e must eschew the economic theories of +areto

and Haye" as we can no longer treat nature as a mere variable and commodity. @epreciation of ecological assets has ta"en place at an increasing fast rate. ?conomics should no longer be about inflation, economic value of goods or ma#imization of income. )t should ta"e into account our natural world as property that belongs to every one of us F9cBeill, +adua, :angara!an, /020 2-MG. 'e must learn new lessons from ecological economics and environmental history and change the way we do business. 'e must rein in corporate greed by modifying corporate social responsibility FC&:G to corporate legal liability FC88G and connect it to governmental deterrence, legal action and international treaties to scare the hell out of the merchants of greed and death who have many supporters in different parts of the world.

America4s Corrupt 0egal S"stem / A ,anger to All &" ,r 0es Sachs The tragic reality of the world's biggest corrupt legal system - merica's rigged courts, bribed !udges, fa"e and phony trials, e#tortion by lawyers, and over / million prisoners in the %& gulag. 'hy %& *!ustice* is not li"e in Hollywood movies, and why N-% could be the ne#t victim on %& territory - innocent and sent to prison, or strapped to a table and put to death( or robbed of your life savings by merican lawyers. 'hy N-% can be tortured, have your freedom and rights ta"en away, and why people in merica are afraid to help you, or even tell what happened to you. The recent pattern of merican violations of international law are ultimately based in the corruption of the %& domestic legal system. +hony %& courts are very dangerous even for travellers and visitors to merica, who can easily wind up among the %& 's more than / million prisoners, or lose all their family's possessions to corrupt merican lawyers. ll world citizens should "now how the corrupt %& legal system, is a danger to every traveller, visitor, and guest wor"er from overseas, and to every individual who ta"es the ris"y step of entering upon merican territory. =ust as" the overseas families of prisoners who were put to death inside the %& , with their embassies never even being informed that they were arrested - or the many foreign people serving hugely long prison terms in merica, after they were !ailed on flimsy tainted *evidence* from criminal snitches. The reality is that the %nited &tates of merica, which proclaims itself the *land of freedom*, has the most dishonest, dangerous and croo"ed legal system of any developed nation. 8egal corruption is covering merica li"e a blan"et. The corruption of the %& legal system is well-"nown, but also well-hidden, by the news services of merica's corporate-owned media. The %& media companies are afraid both of reprisal, and of the social revolution that would come from

e#posing the truth. Here is what the %& media companies "now, but are afraid to tell you about merican *!ustice*. Concentration camps (ith concrete (alls merica has the largest prison gulag in the entire world - yes, right there in the %& , the self-proclaimed *land of freedom*. The starting point for understanding anything about the %& , is to digest the fact that !ust this one country, the %nited &tates of merica, has twenty-five percent of 88 of the prisoners in the entire world. 9ore than / million prisoners - more than 2 out of every 260 people in merica - are behind bars in the merican gulag. This is now the world's biggest system of what are effectively concentration camps, though most of these prisoners are behind masonry walls and inside prison buildings. Jor minorities, the statistics are even more brutal. Jor e#ample, the %& is now imprisoning about 2 out of every MP people in its blac" population. merican *!ustice* is especially focused on !ailing young blac" males. Yuite amazingly, mericans and the merican government, continually criticize the legal systems and so-called *political* legal proceedings in other countries such as China, :ussia, and even ,elgium among many other places. Net, for e#ample, the proportion of prisoners is M0 times higher in the %& than in China, even though China is a country regularly criticized and denounced by the %& government. Bo one imprisons people as readily, or casually, as does merica. s you learn more about merica's horrifying legal system, you find out how easily and carelessly merica arrests people, and tosses innocent people into prison. )t is estimated that merica has at least 200,000 completely innocent people in !ail, but the statistics of innocence may well run far higher. The number of people "nown to be innocent, and yet who were actually sentenced to death in recent years in merica, is already running into the hundreds. The %& !ailing of more than / million people is also, $uite literally, a revival of slavery and slave labor, on a scale not seen since the days of the Bazis. %& business corporations are using these prisoners as a giant slave labor pool. +risoners are forced to produce goods and products while earning mere pennies per hour, which they sometimes have to

pay bac" to the prison for their own up"eep. The e#panding system of %& prison slave labor is not only a ma!or source of business profit, but also a wedge to drive down the wages of wor"ers outside the prison walls. This %& policy, of using mass casual imprisonment as a way to revive slavery, is targeted particularly at minorities, but ends up affecting all wor"ing people. &upervised by malicious !udges and corrupt lawyers, this culture of mass prisons and slave labor is sold to the citizens by creating a psychology of fear among %& residents. This climate of fear is nourished in the %& by both the media and the government, who wor" together with the !udges and lawyers to maintain the whole croo"ed game. -f merica's more than / million prisoners, about 60,000 are "nown to be foreign citizens. This proportion might seem small, but remember that 60,000 prisoners is more than the entire prison population of many other countries. )t only appears as a small percentage, because of merica's obsession with !ailing its own people, who have had more time to get caught in merica's web of legal horror. The %& is e#tremely casual about the !ailing of foreigners, and not honouring their rights under international law or treaties and agreements. -ften, foreign citizens have been sentenced to death, while the %& didn't even bother to notify the foreign government that their citizens were arrested. &everal other governments are wor"ing hard !ust to try and obtain even the most primitive !udicial rights for their own nationals, who have been seized and held in abusive conditions by the %& empire. nd yet, the %nited &tates of merica somehow still brags about its own legal system, while criticizing other countries. %nderstanding that merica has such a huge percentage of even its own people in prison, is to start to understand the subconscious fear behind much of merican life. ,efore you set foot in merica, you should have a clear picture of the terror of merica's legal system - the !udges and lawyers and money and bribery, that have made this system of fear so pervasive. There is not yet enough public media information about merica's domestic legal horrors, horrors which have been rapidly increasing. nd the merican public, even the victims of its legal system, have a hard time realizing why it is so hard to fight legal corruption there. The situation is so bad, that a social e#plosion is beginning inside merica. Nou can read some news stories - about people murdering !udges, or attac"ing the families of !udges, or people setting fire to courthouses in the %& - and see the pattern that is emerging, even though the news media are afraid to connect the dots and suggest what might be behind all these events. merica is trying to maintain its

myths about its legal system, even while the desperate reality of life inside the %& is starting to blow bac" into escalating social upheaval.

USA torture and illegal %ailing o+erseas' starts (ith USA domestic torture and illegal %ailing at home The world press has documented clear violations of human and legal rights by merica in its overseas !ails, such as the infamous situations in 1uantanamo and occupied )ra$ and fghanistan, and the even more secret networ" of prisons in places li"e @iego 1arcia or on board merican ships. ,ut the problem is much bigger, than merica's legal abuses under its military invasions and *war on terrorism*. These %& violations of international law, are consistent with the corruption in merica's home legal system within its own borders, and have partly evolved from merica's legal abuses against its own citizens and residents. merican prisons are often horrible, with lots of torment of prisoners, li"e you would e#pect in some petty dictatorship. Conditions are brutal in %& !ails( rape and beatings are common, and there is little help for abused inmates. )n addition to the many official %& e#ecutions, numerous people are also illegally "illed in !ail cells, *mysteriously* said to have hanged themselves or *found stabbed to death*. &candals of overseas prison abuse, as in the %& -run bu 1hraib prison in )ra$, have arisen from sources much deeper than merica's foreign policy. These scandals are in part replications of inmate abuse inside of merica's domestic prison gulag. 'ithout diminishing the brutality of the crimes committed by mericans in )ra$i prisons, it is also true that such crimes are consistent with the brutality of prisons inside merica. )n the regular functioning of the %& courts, merica's domestic lawyers and !udges, threaten people with illegal !ailing, and rape, torture and murder in !ail, !ust li"e the threats used by mericans against )ra$i sub!ects of the merican occupation. merica will play the song about *!ust a few bad apples in the barrel* whenever an abuse scandal gets e#posed, either domestically or abroad, but the cover-up of such abuse is more the routine response.

Theoretically, torture and abuse is totally outlawed by merica's Constitution, but some of the nice words in merica's Constitution hold little power anymore, despite how often people $uote them. The mericans who still believe the Constitution protects them, are mostly those people who haven't yet dealt with the !udges and lawyers of merica's corrupt legal system. merica's Constitution and ,ill of :ights are nearly dead, not !ust because the !udges will no longer enforce them, but even more because merica's lawyers will not even fight for them. The two merican *political parties* are not fighting for them, either, and merica's news media are also very passive. )f you loo" at merica in depth, you can see there has been a widespread moral collapse in merica's legal and political structures. This means that merica's legal system has become largely a tool of government terror, and of bribery for the rich and the powerful. The average person is !ust fodder for the meat-grinder of merica's courts. merica's lies and sleazy arguments to ma"e e#cuses for torture, or to deny people the rights of the 1eneva convention, or holding people for many years without charges, are also !ust an e#tension of the deviousness in merica's domestic legal system. )nside merica, neither its laws nor its Constitution nor the facts nor evidence nor anything else, no longer have real authority inside the merican courts. ll that's left is what merican lawyers and !udges call *the game*. s part of playing this game, %& lawyers and !udges !ust twist words around, in order to produce any e#cuse, however flimsy, to achieve their ob!ective, whether that be to !ail an innocent person, or give the verdict that was sought by the big company that paid the big bribe through its law firm. )t is an endlessly devious manipulation of words and phrases to get the desired result, !ust devious falsehood and lies bac"ed by the na"ed power of the !udges. The only *real* part is the power that the !udges and lawyers hold in merica, to !ail you and ta"e away your property. The words of the law don't protect you in the %& , because merican !udges and lawyers have no scruples about bending them to mean the opposite of what they say.

America4s la("ers are controlled &" the %udges' and don4t reall" (or$ for "ou / that4s (h" the" sell "ou out to the go+ernment' or to the &ig companies that pa" &ri&es

There's some very special aspects about the way merican lawyers are controlled by merican !udges, which is central to why merica's legal corruption is so much worse than any other advanced nation. ?ven if you are paying an merican lawyer huge amounts of money, he or she doesn't really wor" for you, and in fact may sell you down the river to the !ailhouse. merican lawyers are directly under the thumb of the !udges and the government, and must submit to the culture of bribery and perversion of !ustice, or else face terrifying revenge. 8awyers, !ust li"e you, can be instantly !ailed by an merican !udge on flimsy prete#ts, and merican lawyers can be $uic"ly stripped of their right to practice law, and personally and financially destroyed, if they dare to criticize legal corruption. 8awyers who try to fight the system can find themselves not only dis-barred, but also criminally charged and !ailed, and no other lawyer will help them. )t is a horribly croo"ed system in merica. This is different from other advanced countries, where lawyers are usually a professional guild, whose status and right to practice law, is under the control of only their fellow lawyers. This means that, in other countries, the !udges and the government cannot easily ruin or attac" the lawyers for purely political reasons. This is also part of why, in other developed countries, outside of merica, you really do see brave lawyers fighting for un-popular clients, or challenging the government, and as"ing for !ustice. ,ut in merica, it's different. -ver the past century, the merican lawyers lost the right to regulate themselves, and instead fell under the power of the !udges. &o merican lawyers are afraid to do things in court, that the !udges don't want them to do. merica's army of nearly 2 million lawyers, is almost totally under the control of a few thousand !udges, with their entrenched culture of bribery and fraud and miscarriage of !ustice. &ome %& lawyers don't li"e this, but they are helpless and can't fight it. 9ost lawyers in merica have, to one degree or another, signed up with the devil, to do things the way the devil wants them done. That means that any time you hire an merican lawyer, he already is in a conflict of interest. He has to ma"e the !udge happy first. nd if the !udge wants to ma"e the government happy, or ma"e somebody else happy who is paying a big bribe, then guess whatA Nou are destroyed. )t doesn't matter what you paid the lawyer. He wor"s for the

!udge, first and foremost. &o a totally uni$ue factor in %& legal corruption is the amazingly dishonest profession of merican lawyers, these lawyers who *play the game* with merica>s !udges and politicians and police. )t is a savage culture of legal fraud, where lawyers wor" with !udges to rob and terrify people, especially minorities, but also foreigners, and above all those who dare to $uestion the system. +eople accused of serious crimes have the *right* to a lawyer, but this may mean only a croo"ed lawyer who is stage-managing the victim to help the government and prosecutors. )f the lawyer does not help the government, he can be put out of wor" and not *assigned* to any more cases, or treated badly the ne#t time he is in a courtroom. This legal fraud is the core of the danger to those who visit merica. lawyer who is *representing* you in the %& , whether the government is paying him, or even if you are paying him yourself, may !ust be a stooge who is helping the prosecutors to put you in !ail, even though you are innocent. The !udges of merica gave every accused criminal the *right* to a lawyer, not because they cared about the rights of the accused, but because it helps stage-manage the victim, with a lawyer who has to do things the !udge's way. )n merica, such government-appointed lawyers are the means by which hundreds of thousands of poor people are railroaded into prison. &ome of these people were !ust foreign tourists, in the wrong place at the wrong time, and wound up rotting in an merican prison. &ome lawyers are fairly subtle about it, and their victims never realize the lawyer has sold them out to the !udge and the government. 9ost merican court cases never go to trial, never see a !ury( it is the !ob of the victim's lawyer to *sell the deal* that the !udge has decided will happen, or else. This is how people accept a *plea bargain* so they accept going to !ail for M years even though they are innocent, instead of going to trial before a !ury. ,ecause of the corruption of lawyers under the thumb of the !udges, there's a very fa"e and phony aspect of court proceedings in merica. They are really fa"e *show trials* in many cases, sometimes very obviously so, where both purported *sides* of lawyers are actually wor"ing together for the government, or for the big corporation or rich person that is bribing the !udge. Nou will also find, in the merican legal system, that you essentially have no recourse whatsoever against wrongdoing by your own lawyer. lawyer can sell you out, betray you, steal your money, engage in malpractice, help out the other side, hide the evidence that proved you were right, or commit felony crime against you, and there is nothing you can do about it, so long as the lawyer made the !udge happy, and the !udge got his cut of any money the lawyer stole from you.

Innocent and &eing arrested / the" don4t li$e to admit a mista$e in America Nes, lots of people live their whole lives in merica and never get arrested. nd yet, some poor foreign visitor comes to merica for a short holiday, gets arrested by mista"e, and gets sentenced to death by lethal in!ection even though he is totally innocent. 'ell, that's the lottery of life for those who visit or live in merica. The police and prosecutors in merica have no concern at all whether they have arrested someone who is innocent. They !ust don't care. 'hen a crime is committed, they try to arrest somebody, anybody, !ust to say they got the bad guy. nd they never li"e to admit they made a mista"e. -nce they arrest you, they will try to ma"e up and plant false evidence, to help try and convict you. common tric" is to ta"e other criminals they "now, who are facing !ail on other charges, and get those criminals to be false witnesses against you. The cops !ustify this "ind of thing by saying to themselves, *'ell, if you didn't commit this crime, you probably committed some other crime we don't "now about.* )f they do arrest you in merica, they li"e to pile on all sorts of criminal charges. The idea is to charge you with 20 crimes, because it ma"es you sound bad, and maybe convict you on M of them or you will accept a plea bargain on 2 or / of them. ny "ind of guilty plea, and they call it a success, even though you were totally innocent. Jor the police and prosecutors, it's all a "ind of sporting game, so they can bring about their *high conviction rate*. +erhaps part of the reason merica has so much crime, even with more than / million people in prison, is because the people who actually committed the crimes were never arrested. lso, some poor people may feel that the odds are high they will be arrested someday anyway, so they may as well be criminals and en!oy life in the meantime. The system is e#tremely racist, of course, and white people are arrested less than many minorities. ,ut no one is safe. ny innocent person can get railroaded to death in merica.

Multi/millionaires and &ig corporations' +s# e+er"&od" else The only people who really can get e#pect some fairness in merican courts are multimillionaires and big corporations. Bobody else really matters to merican !udges and

lawyers. There is a huge amount of bribery in merica, perhaps even more than in the courts of any other country in the world. ?ven some merican e#-!udges have admitted the nearuniversality of bribery there. Bearly all bribes are given to the !udges by lawyers( this is considered the safe way to bribe a !udge. ,ribery is rarely spo"en about, !ust understood. :ich people pay huge amounts of money to law firms with connections, the lawyers wal" around with a certain amount of cash in their !ac"et, and they pass it to the !udges in their $uiet moments together. )t is mostly all cash of course. &ometimes the bribery is blatantly obvious, because of the other crimes that lawyers and !udges commit in broad daylight together. )n the courtrooms you can see the !udges being e#tremely friendly to their rich lawyer friends who pay big bribes. s an average person, there's no real way to out-bribe a big corporation, regardless of what your lawyer promised you. That's why the big companies win so often. merican !udges are very devious, and use all sorts of techni$ues to prevent a victim from getting !ustice. 8ots of !udges issue gag orders, and bans on freedom of speech, to help prevent other people from finding out what is going on. =udges set up a trial in all sorts of ways, giving orders that all sorts of evidence be hidden from a !ury, for e#ample. The !udge may declare, for e#ample, that the evidence that proves you are innocent or right, will not be allowed at the trial. =ury trials are actually very rare in merica, unli"e what you see in the movies. 9ost cases are settled through some deal or e#tortion or intimidation, before there is an actual trial. )f there is a !ury trial, they tend to stac" the !ury with un-educated idiots who will tend to believe whatever lies they are told by the !udge and the government. )f you are trying to fight a rich person in court, the !udge might let the fancy lawyers for the rich person say anything they want, while he tells you to shut up as soon as you start tal"ing. The !udges have a thousand ways to rig a legal proceeding, to benefit rich people or the government. )t's no wonder so many innocent people go to prison. 'ith the fundamental brutality and harshness of life in merica, merican citizens are confused and fearful, and gullible to propaganda. &o, a !ury in a courtroom, these people who tend to be poorly educated, will tend to go along with any lies presented by government prosecutors. )n this environment of fear, the feeling of safety for the !ury, comes from following the *strong* government

in sending various *suspected criminals* to !ail. Nes, there are appeals courts, but these are !ust more !udges, who are often friends with the lower court !udge who originally sold you out. The appeals !udges tend to go along with the lower court !udge, unless you have suddenly ac$uired some politically powerful bac"ing on your side. mericans love to tal" about *ta"ing it all the way to the &upreme CourtO*, but this is a nearly empty hope. The %.&. &upreme Court simply refuses to consider most cases that are presented to it. )f you are a little helpless nobody, the appeals !udges often barely reply to you, and sometimes don't reply at all. &ometimes people have been strapped to a table and given the lethal poison and put to death in merica, with the victim's appeal never even answered by the !udges.

5hat a&out (hen people (in millions of dollars in a la(suit against the &ig compan"6 ?very now and then, there is worldwide news of how some average person in merica has won a lawsuit for ./6 million or some other huge sum of money, from some company or other. 'hat's going on here - if the merican legal system is so croo"ed, how can people be winning such big moneyA &uch cases are indeed real, but they are actually somewhat rare, numerically - rather li"e winning the lottery - and it's important to see why they ta"e place, and how they fit into the big pattern. &uch cases are typically after someone has been seriously in!ured or died due to some defective product or prescription drug or hospital treatment or accident. These cases have a certain *place* in the merican legal framewor", accepted by the !udges. They are also very important for maintaining the bribery culture. lot of the money won in such cases goes into the lawyer's poc"ets, and is a ma!or source of bribery money for the !udges. s regards big companies and the !udges, such cases are viewed as a "ind of *ta#* on the big corporations, part of the cost of doing business in merica, part of the price of being able to otherwise ma"e huge profits. &uch cases, as well, have the same function as in a gambling casino, when the casino

proudly announces that one customer has !ust won a huge !ac"pot. The hype about the one !ac"pot winner, hides the fact that most everyone else is losing money. The person whose husband died from the defective prescription drug, and won millions of dollars Fone-third of that to the lawyer, of courseG, is the person who is shoved forward to prove that *the legal system wor"s - it's the greatest legal system in the worldO* The small handful of such personal-in!ury cases, are intended to distract the public from all the innocent people sentenced to prison, from all the families destroyed by bribed !udges in divorce cases, and from all the people whose lives are destroyed by big companies, companies who cheerfully pay bribes to win their routine cases in court. ,ig companies "now that some big *in!ury* cases will be lost, in order to supply money for the lawyers and !udges who otherwise ta"e good care of the big company's interests. 'hen you are ma"ing hundreds of millions of dollars, the loss of a few million here and there is !ust another e#pense of business. )n the end, the companies !ust raise their prices to cover the costs of lawyers and lawsuits. The whole world pays for the millions earned by merican lawyers, they are the ultimate parasites. There are other casualties here, too. merica's health care system has been destroyed from the inside by the legal culture of constant lawsuits against doctors and hospitals, with huge amounts of money being given to the lawyers in these cases, driving up the cost of medical care and putting it out of reach of many people. merica is the only economically advanced nation without a national health plan, with tens of millions of mericans having no health coverage. %& lawyers !o"e openly about how, when the courts ma"e big money awards to pay a lawyer, the lawyer often gives the !udge a bribe by way of gratitude. &ome lawyers grow rich, and doctors are afraid to continue practicing medicine in the %&, and many mericans die from lac" of health care. ,ut while merica's lawyers will very casually file legal charges against doctors, hospitals, or ordinary people, for any flimsy reason, to try and s$ueeze some money from the situation, they are e#tremely afraid to ta"e any legal action against another lawyer or !udge engaged in misconduct. That's where fear ta"es over, and lawyers are suddenly too timid to file any lawsuits.

The )oll"(ood image' +ersus the grim realit" -nce you have digested the fact that merica has the world's largest prison gulag,

another ma!or thing to digest is the %& government, and much of merica, is primarily a sales organization, whose chief tool is hype and propaganda and outright lies. merica is a culture built on sales and advertising( it focuses on portraying an image, not the reality beneath it. This is why merica was so casual about inventing and selling the lies about *weapons of mass destruction* to help start the )ra$ invasion. )t was !ust a $uestion of whatever lies needed to be told, in order to sell the product( there was no concern about afterwards, when the lies were e#posed. merica !ust figures it can later send out more salespeople with more lies, in an endless cycle. Tomorrow is !ust another day, when merica will try to sell another product, the *war on terror*, the *spread of freedom*, or whatever. The selling never stops, in 'ashington or Hollywood. merica sells political lies li"e Hollywood sells movies. 'hen the %& +resident tal"s about *advancing the cause of freedom*, he basically means freedom for big corporations to do business. He's not really tal"ing about actual personal freedom for real people. ,ut he grins when he tal"s about *freedom* because it's a good word of salesmanship, people hear him and some of them can be duped into believing that merica cares about personal or political freedom. Hollywood movies and merican television are a ma!or element of political myth-ma"ing. round the world, people derive an image of merica, and its legal system, from these fictional creations on film. merica's propaganda about having *the greatest legal system in the world* is one of those phony stories that Hollywood is helping to sell. )t is also a myth sustained by the few trials about which there is a lot of publicity, li"e with the celebrity trials of 9artha &tewart or 9ichael =ac"son. =udges behave very differently when the cameras are rolling, or the media is reporting everything that goes on, and millions of dollars are being spent on lawyers. ,ut in the 34 percent of court activity that does not have big media coverage, the !udges of merica provide a bizarre sideshow of horror. )n the Hollywood version, the !udges in merican courts are li"e "ind uncles, smiling and being wise and calmly dispensing !ustice. ,ut in reality, merican !udges sometimes scream at people li"e disturbed perverts, and show off their bribed corruption right there in the courtroom. &ometimes !udges engage in flagrant e#tortion, where you have to agree to pay money to the !udge's lawyer friends as the price to stay out of !ail. )t is really that bad. Nou can find no end of documented horror about merican !udges behaving li"e criminal lunatics, and it is getting worse all the time.

)n the Hollywood version, there are brave lawyers who will fight for your rights, to win !ustice for you in the merican courts. )n reality, you can't find an merican lawyer brave enough to fight !udicial corruption, even if you are innocent and the !udge's friends have threatened to murder you, or to send you to !ail for the rest of your life. The lawyers who used to be brave, were destroyed or intimidated, and nearly all merican lawyers now submit themselves to the culture of corruption and bribery, and betraying and abandoning the people who need legal help. )n the sad reality, merican lawyers line up by the dozen to help the government or the big corporations, and regularly betray the average person, even if they are supposedly representing you. ?ven the lawyers who don't want to be wic"ed themselves, are too timid to really fight the system. t a certain point, nearly all merican lawyers will hold bac" and abandon their clients, because they are trying to survive themselves and avoid revenge by the !udges. )n the Hollywood version, the average person is also helped by the *brave investigative reporter* at some newspaper or television station, who shows great courage in e#posing the truth, and bringing powerful wrongdoing to face !ustice. However, the brave *investigative reporter* in merica is now as fictional and none#istent as the *brave lawyer* who will fight for your rights. This is especially true on any topic pertaining to corruption by !udges and lawyers. )n merica today, reporters are little timid people who are afraid of getting fired, and who almost never write a story on government corruption, unless some other part of the government is officially investigating or prosecuting. That goes triple when !udges or lawyers are involved. The owners of the newspapers and television stations are afraid of revenge by the !udges if they have to go to court, and the nervous little reporters who wor" for them understand the rules of the game. )f you loo" closely at a modern newspaper or news magazine in the %& , you will see how almost all stories originate with the government itself. 'hen the media *investigates*, they are usually !ust adding more details on a situation already being targeted by the government. ?very news media and television station in merica is swamped with people begging them to report on stories, that they totally refuse to cover. The reporters are too scared, and they "now the stories wouldn't get printed or broadcast even if they were written. merica is the land of fear, as regards the legal system and the culture of corruption. ?veryone involved with the %& legal system is afraid, very afraid, of stepping on the wrong toes. ?ven merican !udges themselves get driven out of office, if they don't participate in the bribery culture.

1o recourse against crime and fraud &" %udges and la("ers in America )n reality, there is almost nothing you can do against misconduct, and even open felony crime, committed against you by merican !udges and lawyers. ll of the official complaint procedures you find on the internet, or at the courthouse or in the law boo"s, turn out to be a !o"e, a farce and a fraud. Complaints about lawyers in merica, usually go to the *,ar*, which is itself run by the !udges who are involved in bribery with the lawyers. nd complaints about !udges go to other !udges, their friends. Bearly all the complaints about lawyers and !udges - tens of thousands of them - are "ept secret. Bearly all are dismissed or ignored. They are generally only used if the !udges or politicians want to specially destroy someone - some radical minority lawyer, someone who is not playing the bribery game, somebody who has dared to e#pose wrongdoing. -therwise, even criminal acts by lawyers and !udges get a smiling cover-up. Nou will almost certainly not find any lawyers to help you sue another lawyer for wrongdoing. They are too scared of revenge by the !udges. ?ven the lawyers who are bro"e and unemployed and desperate for wor", are too scared to sue another lawyer. F&pecial caution: 8awyers may ma"e false promises to you about suing another lawyer, cash your chec"s and steal your money, and then refuse to help you. nd then you will have another lawyer who wronged you.G The police and J,) almost certainly will not help you, either. They all "now the bribery game, and they rely on the same croo"ed !udges to help send innocent people to prison after they have been arrested. The more croo"ed the !udge, the more eager the !udge will be, to help the police or J,) do a dirty deal and convict an innocent person. nd, of course, the newspapers and television and media won't help you. They hear stories li"e yours all the time. )f they publish or broadcast your story, then they will have problems the ne#t time they get sued in court. -r they might find themselves arrested on false charges, and end up in an even worse situation than you. The newspapers are so tied into the establishment of !udges and lawyers, that the newspapers sometimes help the !udges and lawyers to commit their crimes, and to unfairly smear and attac" their victims. The big media newspapers have even helped to plant false *evidence* in court cases, and help the legal establishment to destroy innocent people. ,ut even if not harming you, the %& media is afraid to help you, afraid of

revenge if they e#pose !udicial corruption. These fears are !ust as big, if not bigger, with merica's radical and alternative media, and bloggers and internet sites. &uch people will criticize merican foreign policy and so on, but everybody is scared of tal"ing about specific cases of corruption by lawyers and !udges. The independent media has even more reason to be afraid, because they are even more vulnerable if the lawyers start to file false charges against them in the courts. -f course, merica's politicians will not help you, either. 9any politicians are themselves lawyers, very used to the whole game of bribery with !udges and other lawyers. The politicians accept the croo"ed courts as the way that merica is run, and as helping the two big parties to monopolize the political scene and prevent alternative political movements. merica's two big political parties, the @emocrats and :epublicans, can be seen as another phony game li"e merica's courts. The two parties actually get their hundreds of millions of dollars in money from the same people at the same big corporations who own the rest of merica. These two merican parties pretend to argue with each other over emotional issues li"e gun control and abortion rights, but in the end both of these parties serve the big corporations. Half of mericans are still fooled into thin"ing that these parties represent them, the other half sense it is phony but feel helpless and don't "now what to do. This is why people don't vote very much in merica( they feel it is hopeless and useless. Nou can also forget about merica's human rights and civil liberties groups, even though it loo"s, at first, li"e there are many such groups on the internet. 9any such groups are !ust money-raising groups which don't help victims, or are tied to the two main political parties or some narrow agenda. They are all scared of the legal system, too, and there is no one with any significant funding or money, who is out there helping the victims of legal corruption. They can't find lawyers to help them, either. There are some overwhelmed and struggling pro!ects here and there, doing worthy wor" for a few of the innocent people in prison, but they function in an environment of timidity and fear, and without the resources or clout or media access to e#pose or change what is happening. )t's getting worse and worse in merica all the time. s the !udges and lawyers can get away with committing crimes, they are getting more open and blatant, committing felony crimes in broad daylight, because they "now no one will stop them or bring them to account. )t is also important to "now, that once you have started complaining about, or e#posing, !udicial and legal corruption in merica, you become a "ind of outlaw there. Nou are in a very dangerous situation, and you are considered fair game to be either

arrested and !ailed on false charges, or to be totally robbed and betrayed by merica's lawyers. -nce you have spo"en out about legal corruption, you may find that no other lawyer will then help you for any reason, even if it is un-related to your complaint about !udicial wrongdoing. Nou may be trapped in a nightmare from which there is no escape unless you can leave merica altogether.

,ealing (ith American la("ers' if "ou ha+e no other choice +erhaps the statistical chance of getting arrested in merica as an innocent person, and then being sent to prison or put to death, is relatively small. ,ut thin" of how you will feel if you end up as one of those / million merican prisoners, including 60,000 foreign citizens. -r perhaps even one of those several thousand people on @eath :ow, waiting for the lethal poison to be in!ected into your arm. Iisiting merica now, is probably similar to visiting or doing business in 23MP with Hitler's :eich, or 9ussolini's fascist empire. )f you did such a thing in 23MP, you might have visited and had a wonderful time, maybe even have done some business with companies in those countries. Nou might have seen some beautiful sights, and met some very friendly individual people, perhaps drun" a beer or two, or a nice glass of wine, maybe attended the 23MP -lympics. Iery li"ely, you wouldn't have seen any concentration camps, in the places where you travelled. Nou might have had a very pleasant trip. ,ut nonetheless, you were in a dangerous place, where horrible things were going on. That's true of the %nited &tates of merica today, the land of / million prisoners in a giant gulag. 'ith merica's corrupt legal system, it's certainly not the wisest place to "eep money or assets, which can be easily grabbed by merican lawyers in legal proceedings. 9any smart mericans have opened overseas ban" accounts, and it is wise to not "eep too much money where merican lawyers can seize it. There is no bigger group of thieves in the world, than merican lawyers. )f you are in a lawsuit situation in merica, get all your money out of the country, fast, before the %& lawyers can put any "ind of hold or freeze on it. ,ut you shouldn't "eep substantial assets in the %& in the first place. &ell any %& real estate and rent instead, get that money out where it is safe. Certainly, don't ever e#pect any !ustice from merican courts. ?#pect the !udges and both sides of lawyers to tilt toward the government, or toward the big company that can pay bribes on a regular basis. ll that

most people get out of merican courts, is grief, and lawyers stealing their money. ,est not to approach merican courts unless absolutely necessary. @espite the commonplace fraud and dishonesty of merican lawyers, it's still important to have one if you must be in an merican court. The reason is that merican !udges absolutely hate people who come to court without lawyers, especially if they have any money at all. The !udge ta"es it as a personal insult if you are not giving some money to one of his lawyer friends, and will tend to ta"e revenge on you unless you hire a lawyer, even a very stupid one, to stand by your side. 'hat merican lawyers love to do, is to steal all your money, tell you a bunch of false promises and lies, and then do nothing for you, while they sell you out to the other side. That is a perfect scenario for an merican lawyer. lawyer's goal is to s$ueeze as much money from you, while at the same time doing as little as possible to roc" the !udge's political boat. &ome lawyers even ma"e money by the *research and review* scam, where they don't even agree to represent you, but !ust steal your money to *research* your case. ccept in advance that an merican lawyer will rob you and betray you, and everything will go more smoothly if you $uietly understand this. Bever actually trust an merican lawyer, but don't let on that you "now he's a croo". @on't tell the lawyer how much money you really have, he will try to get all of it. Try to pay a lawyer very slowly, in small chun"s, that will "eep him more interested, and prevent some of the bigger robberies and betrayals, and will leave you some money to try another lawyer if things get too awful. :emember, once you give a %& lawyer any money, it's almost impossible to get it bac". 8awyers will almost never sue another lawyer, and if you go to court, the !udge will almost certainly protect the lawyer who defrauded you Fand get a share of the money, of courseG. 8awyers and !udges in merica li"e people to appear to be submissive and stupid and easily manipulated. They li"e to feel superior to you. ,y letting them thin" that you are wea" and falling for their lies, you may give yourself some breathing room. This tactic has even enabled some people to stay alive and not get murdered, and to escape from merica bac" to safety.

The gro(ing American nightmare )t is !ust getting worse and worse in merica's legal system. Jor some years now, the %& !udges and lawyers have gotten used to denying people !ustice, to the great flow of

bribery money, and even to committing felony crimes in broad daylight and getting away with it. )t !ust "eeps on escalating. Though a social e#plosion is lur"ing beneath the surface - with !udges starting to get murdered, and people lighting courthouses ablaze the people who run merica are letting the current system chug along as it is, !ustice be damned, and to hell with the people who seem to have no way to fight bac". )t can't go on li"e this forever, but it may get a lot worse first, despite the fair internet visibility on documented merican legal corruption. -ne should note a brave and promising grass-roots attempt at !udicial reform in the %& called F =ail 5 =udges -

www.!ail5!udges.orgG, which attempts to place onto merican ballots, a referendum for

a new procedure to give citizens a real right of redress against corrupt !udges. )t is a wonderful and beautiful idea that deserves success, and will help transform merica if it moves forward. :egrettably, though, for all the usual reasons of fear, there is no one with any big money or media clout, yet ma"ing a foray against the real-life nightmare of merica's courts and prisons. )t remains a taboo sub!ect for the merican media, and the media silence feeds and encourages the whole machine of bribery and repression. +erhaps, though, it will not be until after merica has had a ma!or economic or social cataclysm, that the big merican machine of legal corruption finally comes to be reformed. &ociologically spea"ing, it's astonishing how disgraceful merican lawyers have become - they are now both the mafia and the gestapo of merican life. merica's lawyers, as a whole, have had little to say about merica>s recent international crimes of prisoner abuse, and violation of international human rights agreements. merican lawyers, as always nowadays, are *playing the game* with merica's government and its !udges. merica, indeed, does not have the rule of law at all. )nstead, it is !ust the rule of lawyers, lawyers who crave money and power. nd, in merica, it can be !ail or worse for anyone who tries to fight these lawyers. The reality of the %nited &tates of merica is that mericans, despite their overall wealth as a nation, are now a people living in a society of great fear. Their fears are complicated, and many mericans cannot even put their fears into words. They are afraid of lawyers and the prison system, afraid of losing their !obs in a brutal society with no social safety net, afraid of needing health care in a disastrous system with no health plan. nd mericans are afraid of what will happen if they try to $uestion the system and the way things wor". They often feel helpless and powerless against the great forces dominating their country. merican citizens are confused and fearful, and gullible to propaganda. ,ecause mericans have difficulty in sorting out their many fears, they have become ripe candidates for racial and religious hatreds, and for following their government into war. The issues of *terrorism* and war

distract the emotions of mericans from the terrible problems in their own society at home. The foreign *enemy* gives mericans a face on which to pro!ect their fear and their anger. The result is the horrifying misconduct of some mericans in these wars( while bac" inside the %& , there is increasing corruption and repression in the legal system. mericans desperately would li"e to believe that they still live in a *free* country, as it is so horrifying to them to face the ugly truth, that their freedom is already largely lost. mericans can imagine they are *free* because they can still choose among different products to buy, or $uit their !ob, or buy a gun at the store. nd the mericans most li"ely to imagine they are still *free* are the ones who have not yet been trapped in the halls of merica>s legal system. They have not yet seen the lawyers and !udges who smir" and laugh as they deny victims the most basic human rights. The truth is that, inside merica, a nightmare has begun. The lawyers and !udges and courts, *playing the game*, regularly trample upon the freedoms that mericans thought they had. )t is people li"e myself, escaped from the %& , living in "inder and gentler places, who are now the luc"y ones. Bo one should ever again be fooled by %& propaganda about being the *land of freedom*. Those who are thin"ing of travelling to, visiting, or wor"ing in merica, should thin" again. )t might not be worth the ris" of being in a country that has one of the most croo"ed legal systems in the world.

:ead full details in the attachment

e!ite! 5 printe! 5 publishe! & owne! by N$%$R$&$.'.R. L # *3%-1 0 +6/ 5 ?9DCO F3RST ST$%" 5 O88 W$T"R WOR:S OFF3C" 5 *$:S?'3:$NT$N$%$R 5?"EE$* 5'7SOR" -,+../+ 3ND3$ ;ell # 4/ 4-2/K1.-/-

ho=e page#;o=0site0e;larionof!alit0?o=e 5;o.in0group0e-;larion-of-!alit 5 http#00e-;larionof!alit.blogspot.;o=0 5;o=0group0e-;larionof!alit0 5 http#00paper.li0f-/-6+4-K6+2 Conta;t # naghrwLyahoo.;o= 5 nagara<hrwLhot=ail.;o= 5 http#00www.a=nesty.org0en0user0naghrw $ 'e=ber of $=nesty 3nternational