judicial
Murphy Commission Report on Child Sexual Abuse in Dublin
2009-11-30: The Dublin Archdiocese (Murphy) Commission of Investigation was established to report on the handling by Church and State Authorities of a representative sample of allegations and suspicions of child sexual abuse against clerics operating under the aegis of the Roman Catholic Archdiocese of Dublin during the period 1975 to 2004.
The Commission, which continues its investigations, is chaired by Judge Yvonne Murphy. There are two other members of the Commission: Ms. Ita Mangan and Mr. Hugh O’Neill.
The Dublin Report (the first of many ?) … was submitted to Mr. Dermot Ahern T.D., Minister for Justice, Equality & Law Reform on 21st July 2009.
Dublin Report Paragraph #1.113 (Page 28) – Conclusion
‘ The Commission has no doubt that clerical child sexual abuse was covered up by the Archdiocese of Dublin and other Church Authorities over much of the period covered by the Commission’s remit. The structures and rules of the Catholic Church facilitated that cover-up. The State Authorities facilitated the cover up by not fulfilling their responsibilities to ensure that the law was applied equally to all and allowing the Church Institutions to be beyond the reach of the normal law enforcement processes. The welfare of children, which should have been the first priority, was not even a factor to be considered in the early stages. Instead the focus was on the avoidance of scandal and the preservation of the good name, status and assets of the Institution and of what the Institution regarded as its most important members – the priests. In the mid 1990s, a light began to be shone on the scandal and the cover up. Gradually, the story has unfolded. It is the responsibility of the State to ensure that no similar Institutional immunity is ever allowed to occur again. This can be ensured only if all Institutions are open to scrutiny and not accorded an exempted status by any organs of the State.’
The Department of Justice, Equality & Law Reform has been very sloppy in the manner that it has presented the Dublin Report on the Department’s WebSite. For your convenience, therefore, the Full Original Report is presented here as a single PDF File …
Date of Original Report: 21 July 2009. PDF File, 3.98 Mb.
Murphy Commission Report on Child Sexual Abuse in the Roman Catholic Archdiocese of Dublin
Click the Link Above to read and/or download the Full Original Report
December 2010
Murphy Commission Report: Tony Walsh – ‘Fr Jovito’ – Portions
Click the Link Above to read and/or download PDF File (155 kb)
Those Individuals … whether members of Church or State Authorities … who have been named and shamed in the Dublin Report … or who will be named and shamed in connection with the Dublin Report … must resign, and be brought to justice.
If our ‘State’ is serious about the Protection of Children … Ireland must NOW fully and effectively implement the 1989 United Nations Convention on the Rights of the Child … which entered into force, i.e. became an International Legal Instrument, on 2nd September 1990. LATER is no longer acceptable !
This is a fundamental foundation for a Comprehensive National Framework of Child Protection Related Legislation, Standards and Guidance Documents, with the necessary accompanying Administrative Provisions and Monitoring Measures.
1989 United Nations Convention on the Rights of the Child
Click the Link Above to read and/or download the UN Convention (PDF File, 112kb)
Of much interest … the VIENNA DECLARATION AND PROGRAMME OF ACTION, adopted by the World Conference on Human Rights on 25th June 1993, stated …
‘ The World Conference on Human Rights, welcoming the early ratification of the Convention on the Rights of the Child by a large number of States … urges universal ratification of the Convention by 1995 and its effective implementation by States Parties through the adoption of all the necessary legislative, administrative and other measures and the allocation to the maximum extent of the available resources … ‘
Ireland signed the Convention on 30th September 1990 … and ratified the Convention on 28th September 1992.
As of today’s update, 16th July 2011, Ireland has still not properly implemented the UN Convention on the Rights of the Child.
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Update 2011-07-16 … one more recently published report !!
Commission of Investigation – December 2010
Report into the Catholic Diocese of Cloyne
Click the Link Above to read and/or download PDF File (2.37 Mb)
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POSTSCRIPT
2011-10-09: The Irish Minister for Children and Youth Affairs, Ms. Frances Fitzgerald T.D., launched the Amnesty Ireland Report: ‘In Plain Sight’ in the Royal Hibernian Academy (RHA), 15 Ely Place, Dublin … on the morning of 26 September 2011. The research for this report was undertaken by Dr. Carole Holohan, and the report was commissioned by Amnesty International Ireland.
Key Findings of Amnesty’s ‘In Plain Sight’ Report (2011)
This report has five key findings …
1. No clear lines of responsibility make true accountability impossible.
This report demonstrates how the absence of clear lines of public and private responsibility in the provision of services, along with the absence of effective accountability mechanisms, allowed the abuse of children to continue unchecked. In the case of residential institutions, it wasn’t that the system didn’t work but rather that there was no system. While both the perpetrators of crimes against children, and the institutional Church within which they operated, hold responsibility for this abuse, State authorities also failed in their duty to monitor residential institutions effectively, to act appropriately when abuses by agents of the Catholic Church in communities came to light, and to take action to prevent the continuation of abuse.
2. The law must protect and apply to all members of society equally.
The Reports on child abuse highlight how the law did not serve or apply to all members of Irish society equally. The most obvious example of this is how children who were placed in residential institutions were branded as criminals as a result of the court committal process, while the majority of perpetrators of abuse have not been held to account by that same criminal justice system. Despite the severity of the crimes revealed in the Ferns, Ryan, Murphy (Dublin) and Cloyne Reports, which range from physical assault to rape, very few perpetrators have been convicted. Furthermore, no criminal charge has been laid against those in positions of authority in the Catholic Church who concealed crimes against children and allowed known sex abusers to continue to have access to children and to continue to abuse with near impunity. The Reports raise serious questions about the rule of law, given the evidence of deferential treatment shown to priests and bishops by members of the Gardaí.
3. Recognition of children’s human rights must be strengthened.
This report includes a human rights analysis of the abuses detailed in the Ferns, Ryan, Murphy (Dublin) and Cloyne Reports. The sexual abuse in the diocesan reports, and the sexual, physical and emotional abuse, the living conditions, and the neglect described in the Ryan Report, can be categorised as torture, and cruel, inhuman and degrading treatment under human rights law. The Reports also demonstrate that children’s rights to private and family life, the right to a fair trial and the right to be free from slavery and forced labour were contravened, as was their right to education and to physical and mental health. The invisibility of children in law, policy and public debate is directly related to the fact that children do not have express constitutional rights. It is essential that the rights of the child be made explicit in the Irish Constitution and that the paramount importance of the rights of the child be explicitly enshrined in law.
Children do not represent a homogenous social category and children from different subsections of society have very different experiences. The majority of children in industrial schools were placed there as a direct result of the poverty of their families. We must not ‘other’ any groups of children. Particularly vulnerable groups of children today include children in care, Traveller children, children in the criminal justice system, children with mental health problems, children experiencing homelessness, children living in poverty, and asylum-seeking children.
4. Public attitudes matter - Individual attitudes matter.
The Reports identify the impact of deference to the Catholic Church on how people responded to abuse and suspicions of abuse. Fear, an unwillingness and an inability to question agents of the Church, and disbelief of the testimony of victims until recent times indicate that wider societal attitudes had a significant role to play in allowing abuse to continue. The end of deference to powerful institutions and the taking of personal responsibility on behalf of all members of society will initiate some of the changes that are necessary to prevent the occurrence of human rights abuses.
Wider societal attitudes to children who experienced residential institutions were often negative and hostile. The prejudice and discrimination they experienced led many to emigrate, leading to the further disintegration of families who had already been divided when the children were placed in institutions. We must be aware of the impact of prejudice and negative attitudes towards marginalised groups in our society. Negative attitudes towards children in the criminal justice system, people with disabilities, asylum seekers and people with mental health problems makes life more difficult for members of our society who may already be vulnerable.
5. The State must operate on behalf of the people, not on behalf of interest groups.
The Reports demonstrate how the State had a deferential relationship with the Catholic Church. The complaints of parents, children and lay workers about problems and abuses in residential institutions were dismissed by Department of Education officials, while the reputation of religious orders was defended by Ministers and T.D.’s in the Dáil. While Taoiseach Enda Kenny’s recent criticism of the Vatican suggests a less deferential attitude to the Catholic Church, transparency in the operations of all arms of the State is necessary to prevent interest groups from exerting undue influence. In all spheres, political actions must have at their core the best interests of the wider population and not sectional interests.
26 September 2011 – Amnesty International Ireland
In Plain Sight: Responding to the Ferns, Ryan, Murphy and Cloyne Reports
Click the Link Above to read and/or download PDF File (2.57 Mb)
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END
Another Faulty Tower – John Cleese, Where Are You ?
A Cautionary Tale for Client Organizations … from across the Pond … and a serious lack of Technical Control over the processes of Building Design and Construction …
Where there is no proper Technical Control … can there ever be an appropriate safety factor to incorporate into the design ?
And before it’s too late … how is it possible to establish that there is no proper Technical Control ?
An artistic rendering of the oval-shaped Harmon Hotel & Spa, in Las Vegas, Nevada (USA), at its original designed height of 49 stories.
2009-10-06 … ‘Who’s to Blame for Faulty Foster Tower ?’ … by Tony Illia, Architectural Record (archrecord.construction.com) …
Despite the recession, CityCenter continues to rise on the Las Vegas Strip, with several buildings scheduled to open later this year. One project that certainly has not turned out as planned is the 400-room Harmon Hotel Tower, designed by Foster & Partners, which will be nearly half its estimated height due to construction defects. The problems have escalated into finger-pointing between project parties, resulting in legal actions and project reviews that are still under way.
The 28-story oval-shaped high-rise broke ground in July 2006. Pacific Coast Steel, a San Diego-based subcontractor to Perini Building Co., improperly installed reinforcing steel inside link beams on 15 floors, a Clark County Building Department investigation revealed.
The problem should have been caught by inspectors, but a third-party California inspection firm, Converse Consultants, falsified 62 daily reports between March and July of 2008, stating that the steel was properly installed, according to county inspectors, who also missed the problems.
The defects were discovered in July 2008 by the project’s structural engineer, Halcrow Yolles Structural Engineer, temporarily halting construction and leading to the Harmon’s redesign. Owner MGM Mirage declined to disclose the cost of the errors.
This April, Pacific Coast Steel paid $14,105 in fines after a Nevada State Contractors Board investigation discovered ‘workmanship’ issues. As part of a settlement, the firm did not admit fault. In August, Converse Consultants was suspended from seeking new work in Southern Nevada for six months, and its inspectors had their qualifications revoked or suspended.
The subcontractor says Foster & Partners is partly to blame. “Perini stands by its opinion that design conflicts contributed to the Harmon Hotel structural issues and that portions of the structural drawings, as designed and permitted, contained elements of reinforcing steel that could not be installed as drawn,” said Perini President Craig Shaw in a statement.
The Harmon’s design called for pouring top portions of 2.4m thick link beams at the same time as the floor slab, which is a tricky procedure given the tight and exact spacing of reinforcing rebar. However, the contractor made installation adjustments in field. Stirrup hooks, in some cases, were spaced incorrectly and extended past the floor, prompting workers to cut them off so it wouldn’t show, the county inspectors say.
Corrective work and a structural building redesign are in progress. The building will safely reach 28 stories; pricier work would be needed to meet the originally designed height of 49 stories, say project officials, who would not elaborate. Foster & Partners declined to comment for this story.
END
Human Rights Must Have ‘Real’ Meaning in a Civilized Society
As previously discussed … but deserving much repetition … the 2006 United Nations Convention on the Rights of Persons with Disabilities became an International Legal Instrument, i.e. entered into force, on 3rd May 2008.
This UN Convention simply aims to ensure that persons with disabilities are able to access human rights on the same basis as everyone else in society. And rights are no more than an elaboration of the responsible basic needs of all human beings.
It is worth recalling that the 1948 Universal Declaration of Human Rights was directly born out of the large-scale death, human misery and environmental destruction of the Second World War in Europe, North Africa, the Middle-East … and throughout Asia and the Pacific.
Human Rights must have – do have – ‘real’ meaning in a civilized society !
Israel signed the UN Disability Rights Convention on 30th March 2007. At the time of writing, it has not yet signed the Convention’s Optional Protocol. Israel has definitely not ratified the Convention or the Optional Protocol.
[To be fair, Ireland is in exactly the same position as Israel. Why am I not surprised ?!?]
With regard to Situations of Risk, e.g. a fire emergency in a building … or Humanitarian Emergencies, e.g. the Gaza Conflict from December 2008 to January 2009 … the language of Article 11 in the UN Convention is very clear and straightforward:
” States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.”
On 3rd April 2009, the President of the UN Human Rights Council established the United Nations Fact Finding Mission on the Gaza Conflict with the mandate “to investigate all violations of international human rights law and international humanitarian law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after.”
The President appointed Justice Richard Goldstone, former judge of the Constitutional Court of South Africa and former Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda, to head the Mission. The other three appointed members were:
- Professor Christine Chinkin, Professor of International Law at the London School of Economics and Political Science, who was a member of the high-level fact finding mission to Beit Hanoun (2008) ;
- Ms. Hina Jilani, Advocate of the Supreme Court of Pakistan and former Special Representative of the Secretary-General on the situation of human rights defenders, who was a member of the International Commission of Inquiry on Darfur (2004) ; and
- Colonel Desmond Travers, a former Officer in Ireland’s Defence Forces and member of the Board of Directors of the Institute for International Criminal Investigations.
The Report of the Fact Finding Mission on the Gaza Conflict was presented to the Human Rights Council, in Geneva (Switzerland), on 29th September 2009.
The following is a short extract from that Report …
Section A – XVII The Impact of the Blockade and of the Military Operations on the People of Gaza and their Human Rights
I Persons with Disabilities (Paragraphs 1283-1291)
1283 Information provided to the Mission showed that many of those who were injured during the Israeli military operations sustained permanent disabilities owing to the severity of their injuries and/or the lack of adequate and timely medical attention and rehabilitation. Gaza hospitals reportedly had to discharge patients too early so as to handle incoming emergencies. Other cases resulted in amputations or disfigurement. About 30 per cent of patients were expected to have long-term disabilities.
1284 WHO reported that by mid-April 2009 the number of people with different types of permanent disability (e.g. brain injuries, amputations, spinal injuries, hearing deficiencies, mental health problems) as a result of the military operations was not yet known. It reported speculations that there might be some 1000 amputees; but information provided by the WHO office in Gaza and based on estimates by Handicap International indicated that around 200 persons underwent amputations.
1285 While the exact number of people who will suffer permanent disabilities is still unknown, the Mission understands that many persons who sustained traumatic injuries during the conflict still face the risk of permanent disability owing to complications and inadequate follow-up and physical rehabilitation.
1286 The Mission also heard moving accounts of families with disabled relatives whose disability had slowed their evacuation from a dangerous area or who lived with a constant fear that, in an emergency, their families would have to leave them behind because it would be too difficult to evacuate them.
1287 One testimony concerned a person whose electric wheelchair was lost after his house was targeted and destroyed. Since the residents were given very short notice of the impending attack, the wheelchair could not be salvaged and the person had to be taken to safety on a plastic chair carried by four people.
1288 The Mission also heard a testimony concerning a pregnant woman who was instructed by an Israeli soldier to evacuate her home with her children, but to leave behind a mentally disabled child, which she refused to do.
1289 Even in the relative safety of shelters, people with disabilities continued to be exposed to additional hardship, as these shelters were not equipped for their special needs. The Mission heard of the case of a person with a hearing disability who was sheltering in an UNRWA school, but was unable to communicate in sign language or understand what was happening and experienced sheer fear.
1290 Frequent disruptions in the power supply had a severe impact on the medical equipment needed by many people with disabilities. People using wheelchairs had to face additional hurdles when streets started piling up with the rubble from destroyed buildings and infrastructure.
1291 In addition, programmes for people with disabilities had to be closed down during the military operations and rehabilitation services stopped (for instance, organizations providing assistance were unable to access stocks of wheelchairs and other aids). Many social, educational, medical and psychological programmes have not yet fully resumed.
END
Tommy Tiernan – A Storm in an Espresso Coffee Cup ?
I don’t have any time for anti-Semitism … but is the current controversy – weeks after the actual event (!) – about Mr. Tommy Tiernan’s remarks during a public Hot Press interview at the Electric Picnic, with Mr. Olaf Tyaransen, just a storm in an Espresso Coffee Cup ?
For a moment … let us taste a different grim, brutal reality …
” At 11.30am on 27 December 2008, without warning, Israeli forces began a devastating bombing campaign on the Gaza Strip codenamed Operation ‘Cast Lead’. Its stated aim was to end rocket attacks into Israel by armed groups affiliated with Hamas and other Palestinian factions. By 18 January 2009, when unilateral ceasefires were announced by both Israel and Hamas, some 1,400 Palestinians had been killed, including some 300 children and hundreds of other unarmed civilians, and large areas of Gaza had been razed to the ground, leaving many thousands homeless and the already dire economy in ruins.
Much of the destruction was wanton and resulted from direct attacks on civilian objects as well as indiscriminate attacks that failed to distinguish between legitimate military targets and civilian objects. Such attacks violated fundamental provisions of international humanitarian law, notably the prohibition on direct attacks on civilians and civilian objects (the principle of distinction), the prohibition on indiscriminate or disproportionate attacks, and the prohibition on collective punishment.
Hundreds of civilians were killed in attacks carried out using high-precision weapons – air-delivered bombs and missiles, and tank shells. Others, including women and children, were shot at short range when posing no threat to the lives of the Israeli soldiers. Aerial bombardments launched from Israeli F-16 combat aircraft targeted and destroyed civilian homes without warning, killing and injuring scores of their inhabitants, often while they slept. Children playing on the roofs of their homes or in the street and other civilians going about their daily business, as well as medical staff attending the wounded were killed in broad daylight by Hellfire and other highly accurate missiles launched from helicopters and unmanned aerial vehicles (UAVs), or drones, and by precision projectiles fired from tanks.
Disturbing questions remain unanswered as to why such high-precision weapons, whose operators can see even small details of their targets and which can accurately strike even fast moving vehicles, killed so many children and other civilians.”
… Those were the first paragraphs from the Introduction to an Amnesty International Report … “Israel/Gaza: Operation ‘Cast Lead’ – 22 Days of Death and Destruction’ “, published just a little earlier this year (2009), back in July.
The Full Recommendations of the Report read as follows …
Given the evidence of serious and extensive violations of international law by all parties to the conflict during Operation ‘Cast Lead’, and the lack of any meaningful measures towards accountability by either Israeli or Palestinian authorities, there is still a need for a full, independent and impartial investigation and for appropriate measures to bring perpetrators to justice and provide reparation to the victims.
Amnesty International calls on the international community to take the following actions:
- It should provide full support to the international independent fact-finding mission established by the UN Human Rights Council, led by Justice Richard Goldstone, which has taken on as its mandate to investigate violations of international law by all parties and is due to report in the coming months. The report of the mission’s findings should include recommendations aimed at ending and preventing further violations and at ensuring justice, truth and full reparations for the victims, including restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition.
In order to allow the mission to perform its tasks effectively, it must be provided with sufficient resources to accomplish all its tasks effectively and promptly; obtain access to all relevant documents, other evidence and persons; and be in a position to protect from reprisals all persons who provide information.
- It should impose immediately a comprehensive UN Security Council arms embargo on Israel, Hamas and other Palestinian armed groups until effective mechanisms are in place to ensure that weapons or munitions and other military equipment will not be used to commit serious violations of international human rights law and humanitarian law.
- It should act immediately at the level of individual states to suspend all transfers of military equipment, assistance and munitions, as well as those which may be diverted, to Israel, Hamas and other Palestinian armed groups until there is no longer a substantial risk that such equipment will be used for serious violations of international human rights and humanitarian law. The suspension should include all indirect exports via other countries, the transfer of military components and technologies and any brokering, financial or logistical activities that would facilitate such transfers.
- Also at the level of individual states, it should start criminal investigations in national courts, exercising universal jurisdiction, wherever there is sufficient evidence of war crimes or other crimes under international law, and seek to arrest alleged perpetrators and bring them to justice in proceedings that fully respect international fair trial standards.
Amnesty International calls on the Israeli authorities to:
- Ensure national, impartial and thorough investigations, in accordance with international standards, of the evidence indicating that its forces committed serious violations of international human rights and humanitarian law during the conflict, including war crimes, and wherever there is sufficient admissible evidence, prosecute any alleged perpetrator in proceedings that fully respect international fair trial standards ;
- revise its interpretation of the rules and principles relating to the concepts of military objective, military advantage and proportionality, to ensure that these concepts are fully consistent with international humanitarian law ;
- ensure that the Israeli military comply fully with the duty to take precautionary measures when carrying out attacks, as well as in defence, and do not carry out attacks as a form of collective punishment ;
- publicly commit not to use artillery and white phosphorus weapons in densely populated areas ;
- provide full reparations for the consequences of its unlawful acts and omissions ;
- immediately end the blockade of the Gaza Strip, which is collectively punishing the entire population of Gaza, in breach of Israel’s obligations under international humanitarian and human rights law ;
- co-operate fully with the international independent fact-finding mission established by the UN Human Rights Council, led by Richard Goldstone; and with other international investigations into violations of international law by all the parties to the conflict ;
- ratify Additional Protocol I of the Geneva Conventions without reservations and make a declaration under Article 90 accepting the competence of the International Humanitarian Fact-Finding Commission ;
- ratify the Rome Statute of the ICC, without making a declaration under Article 124 – which would exclude for seven years the jurisdiction of the Court over war crimes – and making a declaration pursuant to Article 12(3) that its jurisdiction encompasses the Operation ‘Cast Lead’.
Amnesty International calls on the Hamas de facto administration to:
- publicly renounce its policy of unlawful rocket attacks against civilian population centres in Israel ;
- ensure that no armed group operating in the areas under its de facto control carries out rocket attacks against Israeli civilians or commits other violations of international humanitarian law ;
- ensure that Hamas’ fighters comply fully with the need to take precautionary measures in attacks and in defence, including the need to distinguish themselves from non-combatants to the maximum extent feasible ;
- undertake to hold accountable those responsible for the rocket attacks, according to internationally recognized fair trial standards and without recourse to the death penalty ;
- co-operate fully with the international independent fact-finding mission established by the UN Human Rights Council, led by Richard Goldstone; and with other international investigations into violations of international law by all the parties to the conflict.
What are the views of Mr. Alan Shatter, T.D. … and the Jewish Representative Council of Ireland … concerning the use by the Israeli Defence Forces (IDF), authorized by the Elected Government of Israel (a polity scarred by the Holocaust) … of measures and methods equivalent to those used by the German army and authorized by the Nazi Regime of Germany, in Europe, during the 1930′s & 1940′s ?
The current controversies about Iran’s Nuclear & Missile Programmes …
Israel, alone in the Middle-East, has possessed for many years aggressive nuclear capabilities which are undeclared and not subject to international controls. These extensive capabilities have constituted a permanent threat to peace and security in the region … and an arms race was inevitable.
Israel has ignored countless Resolutions of the United Nations General Assembly and Security Council … as well as the General Conference of the International Atomic Energy Agency (IAEA). It refuses to accede to the Treaty on the Non-Proliferation of Nuclear Weapons … and it stubbornly refuses to place all of its nuclear installations under IAEA safeguards. Why is that ?
And when will Israel understand that its geographical location is outside Europe … in the Middle-East ? Is it not time that it behaved in a neighbourly manner … with its own close neighbours ?
We demand an Independent Palestine NOW !
END
Concrete Testing Fraud in New York – 1 World Trade Center
2009-09-09 …
Background & Verification
Early 2008 … a New York Inquiry into the Concrete Testing Industry begins. At issue is the Structural Reliability of Current Major Public Works Projects in the City, including many Tall Buildings.
Internet Search: ‘New York Concrete Testing Inquiry’ … to discover the full measure of fraud and corruption.
I wonder how the U.S. Model Building & Fire Code Organizations … including the U.S. International Code Council … are responding to this growing scandal in New York. Are they responding at all ? AND … do they discuss this sort of issue openly, as they heavily ‘promote’ the adoption of U.S. Codes in Developing Countries around the world ?
What is the position of the Council on Tall Buildings & Urban Habitat (CTBUH) ???
2009-09-08 … by Niki May Young, News Editor, World Architecture News(.com) …
Robert LiMandri, New York’s Buildings Commissioner, has announced that concrete tests are to be carried out on 82 New York buildings following safety concerns arising from the indictment of Testwell Laboratories in January and a further firm in July. Testwell were accused of falsifying concrete mix design reports for the high profile Freedom Tower project (now 1 World Trade Center), Yankees Stadium, Jet Blue Terminal and a number of other projects and had their license suspended. Stallone Testing Laboratories were also indicted for falsifying concrete mix design reports in July.
The indictment of Testwell led to a lack of confidence in the safety of over 100 buildings in New York. Following investigations, 82 buildings are to be re-examined. The investigations come as part of an announcement by LiMandri of a new comprehensive program to increase the oversight and evaluation of concrete testing at construction projects throughout the City, including projects funded by the City and private developers. The program includes plans to build a city-owned and operated concrete-testing laboratory and the creation of a new Concrete Unit at the Department Of Buildings (DOB).
The new City laboratory, which will be operated by the Department of Design & Construction (DDC) and is expected to open as early as January, will offer testing services to all City agencies responsible for construction projects. New York City has 35 private concrete-testing firms currently licensed to do business in the City and the new facility will also make it possible to audit these firms.
“Concrete testing is a critical component of concrete operations, and the results should affirm the strength and quality of materials used for a building under construction,” said LiMandri. “However, the integrity of concrete-testing practices has come into serious question, and this new laboratory, as well as a new Concrete Unit and re-testing protocol, are three significant measures to ensure concrete testing procedures are lawful and the concrete used meets a project’s specific design requirements.”
DOB denied Testwell’s application to renew its concrete-testing license but a State Supreme Court Judge rejected DOB’s denial of the license renewal. DOB is now appealing that decision. Last Friday, DOB revoked Stallone’s concrete-testing license, prohibiting them from testing concrete in the City. The Department Of Buildings is currently working with property owners named in the Stallone indictment to determine whether a project’s final test results meet the structural design requirements. If they do not, the affected property owners will also be required to follow the re-testing protocol.
“New Yorkers must be confident the City’s buildings have been built to exacting standards and that the concrete, not usually visible, was mixed to proper construction specifications,” added Design and Construction Commissioner Burney.
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END
Cuba’s ‘Miami 5′ – What on Earth is Going On Now ?
Can this really be happening ? Or … is it just one more annoying example of American Exceptionalism ?
Below is a Declaration by the Presidency of Cuba’s National Assembly, dated 15th June 2009 …
The U.S. Supreme Court announced today, without explanation, its decision not to review the case of our Five comrades who are unjustly imprisoned in that country for struggling against anti-Cuban terrorism that is sponsored by the U.S. rulers. The judges did what the Obama Administration requested of it.
In spite of the solid arguments made by the defence attorneys from the obvious and multiple legal violations committed during the whole trial, by ignoring the universal backing to the petition – expressed by an unprecedented number of ‘Friend of the Court’ Briefs, among them 10 Nobel Prize recipients, hundreds of parliamentarians, and numerous U.S. and international jurist organizations, of outstanding political and academic personalities – the Supreme Court rejected the case, thus ignoring the demand of Humanity and its obligation to do justice.
We see manifested once more the arbitrariness of a corrupt and hypocritical system and its brutal treatment of our Five Brothers.
Our struggle to win their freedom will not diminish for one instant. Now is the time to step up our actions, and not leave even one space uncovered or door unopened.
We are certain that Gerardo, Antonio, Fernando, Ramón, and René will continue leading this battle, as they have during these almost 11 years.
Responding to the infamous decision, Gerardo Hernández Nordelo declared: “Based on the experience that we have had, I am not surprised by the Supreme Court’s decision. I have no confidence at all in the justice system of the United States. There are no longer any doubts that our case has been, from the beginning, a political case, because not only did we have the necessary legal arguments for the Court to review it, we also have the growing international support as reflected in the Amicus Briefs presented to the Court in our favour. I repeat what I said one year ago, 4 June 2008, that as long as one person remains struggling outside, we will continue resisting until there is justice.”
The struggle must be multiplied until the U.S. Government is forced to put an end to this monstrous injustice and restore freedom to Gerardo, Ramón, Antonio, Fernando and René.
END
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- Ireland – Information about our Public Institutions, including Pretty Pictures of our green countryside !
- Irish Seed Savers Association … Working to Conserve Irish Biodiversity. They research, locate, preserve & use traditional varieties, cultivars of fruit, vegetables, potatoes & grains.
- James Taylor – Singer & Songwriter
- JOURNAL DE BRASÍLIA – News & Views from BRAZIL
- Kanchi (Ireland) – Changing Society's View of Disability for the Better
- NAVBHARAT TIMES – News & Views (in Hindi) from INDIA
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- Robert F Kennedy Centre for Justice & Human Rights (USA)
- Rocky Mountain Institute (USA) – Super Energy Efficiency by Design
- RTE Lyric FM – Classical (in its widest meaning !) Music on Irish Radio
- Senator Shane Ross – Ireland's Principal Economics Troubleshooter. What happened to George ?
- Survivors of Institutional Abuse Ireland [SOIAI] – WE (collectively) did not cherish all the children of OUR nation equally !
- Sustainable Design International: Experts in the Theory & Implementation of Sustainable Human & Social Development (Ireland, Italy & Turkey)
- Tom Doyle's Blog :: TALK
- UNFCCC (United Nations Framework Convention on Climate Change) + Kyoto Protocol + COP-15
- United Nations Human Rights Council – Established 15 March 2006
- WikiLeaks – A non-profit media organization dedicated to bringing important news and information to the public.
- WISE – Water Information System for Europe … a single location (portal) where geographically-mapped information on water-related issues can be found for the whole of Europe.
- XINHUA News Agency – News & Views from CHINA
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