An asylum seeker jailed on smuggling charges for helping to steer a boat filled with migrants from France to England has had his conviction overturned at a retrial after spending 17 months in jail.
Lawyers and campaigners say the verdict could lead to other migrants currently in jail on smuggling charges being freed, allowing the Home Office policy of prosecuting asylum seekers who play a role in piloting boats across the Channel to be challenged more widely.
Fouad Kakaei, 31, was rescued by UK Border Force officials in July 2019 while crossing from France to the UK in a crowded dinghy with several others. He was deported to Denmark but made his way back to the French coast and was caught crossing the Channel a second time in December that year.
He admitted to UK authorities that he had taken a turn steering the boat because he “didn’t want to die at sea” and was sentenced to two years and two months in prison in January this year at Canterbury crown court. The court of appeal overturned the verdict in March 2021.
Lawyers for the Iranian successfully argued at his retrial this week that he should not have been found guilty of breaking immigration laws because he was intending to be rescued at sea so he could claim asylum.
Lawyers had hoped he would not face a retrial but the Crown Prosecution Service (CPS) brought the case back before a jury, despite the judge at Canterbury crown court advising that the case was “weak”.
In March Boris Johnson said that the government would “ruthlessly stiffen the sentences for anybody who is involved in this kind of people smuggling and trafficking human beings across the Channel”.
The CPS has faced criticism over previous decisions to prosecute migrants caught helping to steer boats from France to England, with charities saying the decisions could be linked to political pressure.
Kakaei’s lawyer, Aneurin Brewer of Red Lion Chambers, told the Guardian that this case could lead to other migrants currently serving jail sentences being freed.
“The critical point is that the individuals on the boat were intending to be rescued at sea and were not planning to disembark and enter illegally. That means there was no breach of immigration law.
“This verdict throws into serious doubt the viability of future prosecutions. A large number of cases had been paused while this specific case was resolved and it is difficult to see now how they can go ahead. It also raises very serious questions over the convictions that have been secured to date including migrants who are serving significant prison sentences. There are individuals who pleaded guilty but who will now be potentially able to go to the court of appeal.
“Our case here was unusual in that he had crossed the Channel twice and the first time, for specific reasons, he had not claimed asylum and was sent to Denmark where he attempted again to reach the UK. Despite this he has still been found not guilty. So there will be other cases stronger than his.”
A Home Office spokesperson said: “We are deeply disappointed by today’s verdict and are considering next steps in conjunction with the Crown Prosecution Service.
“The government is it determined to crack-down on the criminals who bring facilitate illegal entry into the UK and put lives at risk.”
A CPS spokesperson said: “We have been working with law enforcement agencies to develop updated immigration legal guidance, setting out our approach to small boats and other illegal entry cases, which will be published shortly.”
The Ukraine war in maps: Ukrainian forces battle to recover Snake Island | International
May 13 | The battle for Snake Island
The all-out attack that Russian troops deployed at the beginning of the offensive in Ukraine did not leave out maritime control of the Black Sea: the Kremlin’s naval force soon took up positions the island of Zmiinyi, also known as Snake Island and located around 140 kilometers (87 miles) south of Odessa and 40km (25 miles) from the Romanian coast. The first map of the conflict published by the Institute for the Study of War (ISW) on February 25 showed it under Russian control even then. In a statement in February, the Ukrainian Navy said that the invaders had destroyed infrastructure on this island of one square kilometer. A comparison of satellite images captured before the invasion and in recent days shows that the destruction of the main building occurred between May 6 and 7.
August 23, 2016
May 6, 2022
Areas burnt by earlier attacks
May 7, 2022
May 8, 2022
Area of attack
(shown in video)
British intelligence warned last Tuesday that if Russian troops consolidate their position on the island, deploying air defense cruise missiles, they could control the northwest portion of the Black Sea. The permanent Russian settlement on Snake Islands entails sea, land and air control of that entire area, military strategy expert Oleh Zhdanov told the BBC.
The strategic importance of the islet, which grants control over maritime traffic in the port of Odes, is enough to justify the ongoing struggle for it. The Russian Defense Ministry has claimed that it destroyed several planes, helicopters, drones and a landing craft in the early hours of Sunday morning during a Ukrainian attempt to recapture the island. Ukraine claimed that it only attacked Russian troops deployed there. British intelligence stated that Ukraine has used drones to destroy Russian anti-aircraft defenses and supply ships, stranded after the invaders retreated to the Crimean coast following the sinking of the Moskva, the flagship of Russia’s Black Sea fleet.
The sensors of the European Space Agency’s Sentinel-2 satellites have made it possible to observe hot spots on the island which, in the context of war, can be associated with attacks. These indications of attacks have been recurrent since last February, and particularly intense during the last weekend, coinciding with a video of an attack on the island.
The proximity of Zmiinyi to NATO coasts has not prevented it from becoming a battlefield in the conflict. Armand Gosu, a professor of Russian Political History at the University of Bucharest, explained to Efe news agency that Moscow categorically dominates the Black Sea: “There is a huge military imbalance. Its ships patrol international waters without restriction, which has allowed the Russians to block a maritime outlet from Odessa,” he said. This blockade stifles Ukrainian sea exports that are essential to defend the coastal town from a hypothetical Russian siege like the one suffered by Mariupol.
March 8 A heat source can be seen in the northeast of the island, probably as a result of an attack, as well as a plume of smoke. The area inside the box contains most of the facilities.
March 23 Two weeks later, the Sentinel 2 satellite captured a new hot spot in a nearby area.
May 7 Once again a heat source can be seen, coinciding with a great column of smoke detected by satellites and shown earlier.
May 9 The last available image shows no hot spots, but the island’s vegetation has been largely burnt down as a result of the confrontation.
May 10 | Russian progress
In the two and a half months since the start of the Ukraine invasion, the Russian offensive has changed strategies: at first it sought to take control of the major cities, then focused its efforts on the separatist region of Donbas and on securing the borders. Since then, the frontline has moved in line with modest but systematic Russian advances that have only met with resistance at a spot that’s been highly militarized since 2014, when Russia annexed the Crimea peninsula. The change in the frontline can be seen in the following maps, which show the situation on the ground every two weeks since Russia changed its strategy on March 25. The red color shows areas under Russian control, which have been expanding for the last month and a half.
Donbas is an area covering around 52,000 square kilometers, roughly the size of Costa Rica. It is divided into two oblast (administrative units) – Donetsk and Luhansk. Along the northwest, it borders the Kharkiv region, home to the city of Izyum, which is the starting point for Russia’s attempt to encircle Ukrainian defenders holding the frontline. From there, Russian troops have been trying to advance towards Sloviansk and Kramatorsk, the military headquarters and de facto capital of Donetsk, although they have had limited success.
When the Kremlin’s troops announced that their target was eastern Ukraine, they were already controlling much of Donetsk, Luhansk and the area extending to Kharkiv.
Two weeks later, the situation on the front had barely changed after a reorganization of the invading troops except in the area of Izyum, the new Russian center of operations.
The siege of Mariupol, which made Ukrainian defenders retreat to an industrial site, allowed Russia to free up troops to cement control over the northern end of the city.
Despite Ukrainian counterattacks that are gaining back territory near Kharkiv, the areas under Russian control increasingly encircle the Donbas border
The Institute for the Study of War (ISW) believes that the Kremlin’s forces near Izyum are regrouping and resupplying before resuming offensive operations in the southeast and southwest.
In the south of the country, near Crimea and the Black Sea, there is a similar situation: slow but constant Russian advances and reinforced positions in places like Kherson, which was swiftly captured in the early days of the invasion. Ukrainian counterattacks have barely made a dent on Russian forces, who have increased the territory under their control week after week. Moscow has been concentrating anti-aircraft and missile systems in the northern area of Crimea, said the ISW. This could be a prelude to resume offensive operations towards Zaporizhzhia and Kryvyi Rih, in central Ukraine.
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Amazon: Violence in Colombia putting “the lungs of the world” at risk | International
Flying through the Amazon jungle, the pilot, a former Brazilian colonel, descends from 1500 to one thousand meters above sea level to approach the majestic Puré River.
The Puré crosses the border between Colombia and Brazil, a site that has become strategic for illegal mining and drug trafficking. In its channel more than 30 mining vessels can be seen from the colonel’s plane – tirelessly working to extract gold, illegally, from its waters.
In 2015 the National Parks of Colombia built a cabin called Puerto Franco in honor of the researcher Roberto Franco, the first to discover isolated indigenous peoples in Colombia, people who during the last centuries have decided not to have any contact with Western civilization. From the air, only remains of the cabin built in honor of Franco can be seen. Illegal armed groups burned it down during the pandemic.
This cabin had a very important purpose: to protect the isolated indigenous people of the Colombian Amazon. Indeed, in the depths of the Amazon jungle, very close to Puerto Franco, live the Yuri, an indigenous group that lives in voluntary isolation.
The Río Puré National Park was created for their protection and along with it the most remote cabin in Colombia. Park ranger Luis Rivas, 70, a traditional expert from the Cubeo ethnic group, lived here, charged with keeping illegal miners, drug traffickers and guerrillas away from the isolated indigenous people.
One night, in the midst of the pandemic, Rivas dreamed that he was in danger and asked Parks officials to remove him from the area. When he reached the nearest town, he caught Covid-19 and died. Some time later, officials from the National Parks found out about the destruction of Puerto Franco during a flight over the Puré River. Since the pandemic they have been unable to access protected areas in the Amazon due to threats from illegal groups that now dominate this territory.
The rangers of this national park, like those of nine others in the Colombian Amazon, which covers almost 15 million hectares, had to leave their territory from one day to the next. “We had to send a plane and get everyone out. There was no time, they threatened us,” says a former National Parks official who prefers not to give his name for fear of reprisals from the guerrillas. This former official believes that these threats respond to the implementation by the Government of the Artemisa strategy, a program to stop deforestation in the Amazon.
In 2020 Colombia was the most dangerous country for the second year in a row for environmental defenders. According to the British NGO Global Witness, 65 environmental leaders were murdered.
Although this crisis has been brewing for decades, it has worsened since the signing of the Peace Agreement between the Colombian government and the FARC guerrillas in 2016. “The organizations that try to protect the Amazon have come into conflict with the interests of these powerful groups. and, as a consequence, they have increasingly become targets of attacks”, explains Juan Carlos Garzón, a researcher at the Ideas for Peace Foundation.
“I am threatened by the guerrillas,” says anthropologist Arturo, 45, who prefers not to give his real name precisely for this reason. He has walked through the Amazon region with a security detail since he reported to the Comprehensive System of Truth, Justice, Reparation and Non-Repetition in 2020 that the Carolina Ramírez guerrilla group arrived one day at the park cabin where he worked and told them that they had to leave. “They told us that they had declared war on Parks and that they did not want uniformed whites in the protected areas,” he recalls.
The guerrillas stole their gasoline, cameras, computers and all the material they used to study the terrain. “They only left us a small motorized boat to get out,” says Arturo, who decided to leave as soon as he could when he saw his life in danger. Since that time two years ago, whenever he has tried to return, so have the threats. Indigenous officials remained in charge of the parks while Arturo tried to continue leading the projects as best he could from a distance.
However, he recently decided to leave his post: the situation, he says, was becoming more and more frustrating. Arturo was part of a group of park rangers who brought a report to the Truth Commission and the Special Jurisdiction for Peace in which they asked to be recognized as victims of the armed conflict, considering that the guerrillas “took us out under threat and everything was abandoned. I feel very powerless,” he says.
Arturo wonders, what did National Parks do with those who are threatened for trying to take care of a territory that belongs to everyone?, although in truth he knows the answer: nothing. According to official data, 12 park rangers have been killed between 1994 and 2020.
The deputy director of National Parks of Colombia, Carolina Jarro, explains that at the moment they are under very strong pressure from illegal mining, a business that they estimate represents close to three billion Colombian pesos in profits for criminal groups each year. The proceeds, moreover, are used to launder the resources obtained from drug trafficking: “Attempts have been made to control illegal mining in the Puré River because the uncontacted indigenous groups are there,” explains Jarro, citing the burning of the Puerto Franco cabin.
The deputy director also notes that the guerrillas do not stop at threatening the park rangers, saying that they have stolen material from the organization that the rangers need to do their work. “Groups outside the law prefer not to have anyone to see what happens, that’s why they kicked us out,” Jarro says
Although officials are currently unable to be inside the parks full time, they are using remote sensing technology to monitor activity in these protected areas. “We can see when the guerrillas build a house, when they create a road. Thus, we can file criminal complaints about the damage that is being done. We have not abandoned the place, we have to go out for protection. But we are always watching,” Jarro says firmly.
Jarro has worked as an official in a park in the Amazon region for the last 10 years. A trained sociologist, she climbed the ranks of the administration before becoming head of a specific area, the name of which she cannot reveal due to the threat from the guerrillas. Its mission has been to protect a group of indigenous people who emerged from isolation some years ago, only to be enslaved by the miners and rubber tappers who exploited the area’s resources. Now, many of these indigenous people, from the Nukak ethnic group, are highly resistant to contact: “In the beginning, it was the indigenous people themselves who negotiated with the guerrillas so that they would let us enter and work with the communities. There was never a bigger problem.”
However, after the peace process, everything changed. “The guerrillas held me hostage for two days, and after that they told me that I couldn’t set foot in the park again,” says Juana.
The government’s response: Militarize
The only solution Colombia’s national government has come up with has been to militarize these protected areas via a program known as ‘Operation Artemisa’.
In 2020 President Duque said in an interview with the World Economic Forum that “our strategy for fighting deforestation is a combination of carrot and stick. We’re fighting against illegal activities that destroy the tropical jungle. At the same time, we’re building up nature-based solutions. In the past two years, we have been able to reduce the rate of deforestation by 19%.” Duque has since said his government is aiming for a 30% reduction overall.
This month the Minister of Defense, Diego Molano, announced that 10,000 million pesos will be invested in the military bases of La Pedrera and Tarapacá for the control of illegal mining and the fight against drug trafficking.
Esperanza Leal Gómez is Director of the Frankfurt Zoological Society in Colombia. She says that protecting environmental leaders is the responsibility of the whole Colombian state, which must guarantee conditions for workers in the National Parks so they can “operate…without putting their lives in danger.”
Gómez explains that the park rangers are not only essential for the conservation of the environment, but that they keep those at bay who want to exploit it: “The most latent threat is the dispute over territory between various illegal armed actors and civilians, who are being left unprotected.”
The director of the World Wide Fund for Nature (WWF) Colombia, Sandra Valenzuela, agrees. “As long as these threats continue, the national parks, their park rangers and uncontacted indigenous people will be in danger. Colombia must find a way to guarantee security and ensure the survival of the lungs of the world.”
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