Archive for
April 25th, 2009

   

Stories

Kyrgyzstan: Lame Ad Design Spurred Nationalist Debates

On April, 22, a deputy Askarbek Shadiev criticized the advertisement billboard of the Swiss Office for Cooperation [en] during the session of the faction “Ak Zhol” party. Deputy was outraged by the placing the white cross image on the flag of Kyrgyzstan by unknown designer.

There is a big poster in the honor of the 15th anniversary of the Swiss Cooperation Office where the flag of Kyrgyzstan is drawn with a huge cross at the intersection of Mira Avenue and Gorky Street. None of you are probably didn't pay attention. I believe that the government should control such things. Is this a humiliation?, he said [ru].

In an interview Kloop.kg [ru] Askarbek Shadiev also commented his speech.

There is a big cross on our Kyrgyz flag. I think it is unethical and a violation of the law about the Flag of the Kyrgyz Republic. We need to take the matter to court and we will win, Shadiev said.

They could place both flags together, but they shouldn't have drawn the cross on our flag. Our people don't understand, and I think that is offensive, Shadiev added.

In response to the attack of Shadiev Swiss Cooperation Office explained [ru], that the organization received an official permission to use such banner from the National Commission of National Language under the President.

Logo printed on billboards and other promotional materials, expresses the 15th anniversary of the Kyrgyz-Swiss cooperation/ Logo shows combined flags of two friendly countries - the Kyrgyz Republic and Switzerland, Swiss bureau explained.

Internet users immediately criticized an unknown designer and posted a photo of the deputy with the flags of both countries as a sign of friendship Kyrgyzstan, Switzerland and Shadiev. However, the opinion of the users was common:

We can see again that the MPs have nothing to do. It would be better to think about our poor retirees and veterans …, expressed [ru ] the general idea Diesel forum user SpaceWalker.

Madagascar : Transitional government is trampling on freedom of speech

deadly bullets - courtesy of The cyber observerA series of unfortunate decisions taken by the Andry TGV Rajoelina, High Authority for the Transition (HAT) government, is seriously threatening freedom of speech in Madagascar.
First, there was the arrest of three demonstrators, most famously, “Razily“, the young man seen bearing a flag in this amateur video, before being thrown into a pick up truck and callously beaten by soldiers.

As a reader comments on Madagascar Tribune online  :

“Mais quel symbole !!!. Un homme seul qui brandi fièrement le drapeau de son pays arrêté sans ménagement par des militaires sensés justement défendre les couleurs de ce drapeau. Lui même jeté dans le fourgon !!!.”

“But what a symbol!!! A lone man who proudly bears his country's flag, ruthlessly arrested by soldiers, who are supposed to defend the flag's colors. Himself thrown into a truck !”

We still do not know for sure what happened to Razily, but he is hailed a hero by Malagasy internet users. Malagasy mainstream media seem not to have followed up with his fate. Malagasy social media users, like Solofo Rafeno, on his twitter account and his blog are orchestrating a campaign to demand that the HAT government free Razily and the other two men who were with him. Solofo also demands to know the whereabouts of a pro-Ravalomanana journalist who has been reported missing since the grab of power.

A petition now circulates on Facebook for those demanding Razily's freedom.

Then, last sunday, Andry TGV Rajoelina's government seized equipment from two radio broadcasting stations, Radio Fahazavana and Radio Mada, which both support the ousted President Marc Ravalomanana.

Mydago.com reports the closure of the two stations :

“Pendant le jour du Seigneur du 19 avril, la Radio Chrétienne Fahazavana (Lumière) ainsi que Radio Mada et TV Mada ont été détruits par les militaires mutins du Capsat. Il faut reconnaître que ces organes d’informations ont depuis quelques jours gêné, voire irrité le nouveau régime issu du coup d’état de Madagascar. Nous pouvons nous souvenir que déjà depuis quelques jours, par exemple nous avions eu vent de plaintes de brouillage sur Radio Mada. Par ailleurs, d’autres informations ont confirmé que des pressions s’exercent sur les journalistes de la Radio et la télévision nationales (Radio et TVM).”

“During the Lord's day of April 19, the Fahazavana (Light) Christian Radio, Radio Mada and TV Mada have been destroyed by the mutineers of Capsat. One has to acknowledge that these media have, for the last few days, bothered, even irritated the new regime resulting from the coup d'etat in Madagascar. We remember that for the last few days, we have heard complaints of interference on Radio Mada. Moreover, other medias have confirmed that journalists of the national radio and TV stations are under pressure.”

It is ironic to recall that back in December 2008, it was Andry TGV Rajoelina's VIVA TV station which was forced to close by Marc Ravalomanana, for broadcasting a speech by former President Ratsiraka where the latter harshly criticized Ravalomanana and incited the Malagasy people to revolt.

Fijery notices the similarity :

“Dimanche dernier, au milieu de toute la splendeur de leur clairvoyance, Andry Rajoelina et Gilbert Raharizatovo ont fait un copier-coller de la décision ridicule de réduire Viva TV au silence, et ont tenté de fermer Radio-Mada et Radio Fahazavana.”

“Last Sunday, in a splendid act of shrewdness, Andry Rajoelina and Gilbert Raharizatovo (Note of the Author: Gilbert Raharizatovo is Andry Rajoelina's Minister of Communication) did a copy paste of the ridiculous decision to reduce VIVA TV to silence, and tried to close down Radio Mada and Radio Fahazavana.”

After his nemesis, Ravalomanana, closed down VIVA TV,  Andry TGV organized protests in the streets to demand the reopening of the television station, touted his outrage at this blatant disrespect of freedom of speech and democracy, and branded Ravalomanana a “dictator”. Global Voices has a special section on the crisis.

Yet not even six months later, after Andry TGV successfully grabbed power with the help of mutineers, and proclaimed that freedom is won and dictatorship vanquished, Andry TGV's sbires are now the ones threatening radio and TV stations with closures, intimidating journalists and bloggers, forbidding public protests and shooting at protesters, all under the pretext of preserving law and order and public safety, a surprising concern for a government that not even two months ago, has itself used street protests, intimidation and general thuggery to rise to power.

Due to the violence and the threats, shops and factories were forced to permanently shut down, their employees were dismissed, the $350 million a year once promising touristic industry tanked, hotels are now staying empty. The HAT government has proposed that entry visas, which once cost 60 euros to obtain, are now to be offered for free in a desperate measure to revive tourism.

The HAT government, which professed last month that elections were not needed because the people had already spoken through the streets, then proceeded to forbid all public rallies. As reports The Cyber Observer:

“Today (Tuesday April 21st, 2009), the HAT prime minister Monja Roindefo led a special council at the state palace of Iavoloha.
It has been decided that, starting from tomorrow (Wednesday April 22nd, 2009), all political rallies throughout Madagascar, are forbidden until further notice.
In order to maintain the public order (bear in mind that when Andry Rajoelina came to power, he proclaimed state of emergency throughout Madagascar), the state has the right to make such decision. But in the other hand, due to the fact that there is a daily and massive growing wave of public contestation throughout Madagascar, is it really wise to impose such a ban?”

On Monday April 20 and again on Thursday April 23, there were massive crowds in Antananarivo, protesting the shut down of the pro-Ravalomanana radio stations. Unfortunately the Rajoelina government copied Ravalomanana's methods and ruthlessly repressed the protests, showing in the process that Ravalomanana the “dictator” may be gone, but his replacement, Andry TGV Rajoelina is not fulfilling his promise to bring freedom and democracy to Madagascar. One of the reproaches Andry TGV Rajoelina's supporters made to Ravalomanana was the use of armed civilians mingled with soldiers during protests repressions. Yet again, civilians were seen carrying weapons alongside soldiers, and some were even seen giving soldiers orders, when together they shot at protesters without warning, and according to some accounts, used deadly bullets.

According to witnesses, the Associated Press and the BBC, two people died and more than 15 were wounded on Monday.

“The BBC's Jonny Hogg in the city saw at least one person shot in the back at close range, and said cars were set on fire close to government buildings. “

“Radio Madagascar said numerous casualties were being taken to the Antananarivo's main hospital. There was no immediate confirmation of the report nor official word about injuries or deaths.”

“An AP reporter saw roaming gangs erecting barricades and burning cars in the capital, with the worst unrest concentrated near a downtown square that has become the focal point for protests.
Supporters of ousted President Marc Ravalomanana had defied a ban on demonstrations issued by Madagascar's military-backed leader Andry Rajeolina following repeated clashes.”

Soldiers then wanted to invade HJRA, Hopital Ravoahangy Andrianavalona, the hospital where the wounded were taken -to what end one cannot help but wonder- but the protesters managed to stop them.

The Cyber Observer offers a suggestion as to why the soldiers wanted to storm the hospital:

“According to some eye-witnesses, 02 people were killed by security forces in Anosy. This information has been confirmed later by Fahazavana radio (this radio is back on air since today at 01.30pm Madagascar time - we do not know yet where its current location is and if it has been allowed by the ministry of telecommunication to broadcast again). The bodies of these 02 people are now at the HJRA hospital in Andrefan’Ambohijanahary.
According to another eye-witness, there were militaries who came to HJRA hospital to take the bodies of these 02 people. They were heavily armed. People around the premises of HJRA hospital did not allow them to do so. Now at the time I am typing this post, Fahazavana radio is calling people to go to Andrefan’Ambohijanahary to protect HJRA hospital”

Back in February, on Red saturday, Ando Ratovonirina, one cameraman of the television station RTA was killed in the line of action by the soldiers of the then embattled Marc Ravalomanana. Two months later, this time again, a professional journalist of the same television station, Razafindraibe, was killed by Andry TGV Rajoelina's government, also in the line of action.

Freedom of speech still evades Madagascar. Fijery writes a sober analysis of the lack of impact of journalism on Malagasy life :

“…qu’est-ce qu’une vie de journaliste dans un pays ou même la sacro-sainte Constitution n’est pas respectée ? La presse a déja payé un lourd tribut dans cette crise, avec deux décès et plusieurs agressions. Et vu le faible niveau de respectabilité de la pratique politique et des politiciens dans notre pays, il est inutile pour les journalistes Malgaches d’adopter littéralement la devise de Jean-Jacques Rousseau : Vitam impendere vero.”

“…what is one journalist's life worth in a country where even the sacred constitution is not respected? The press has already paid a heavy price during this unrest, with two deaths and many assaults. And with the poor ethics of our politicians and the shameful political practices in our country, it is useless for Malagasy journalists to literally adopt Jean-Jacques Rousseau's motto ” Vitam impendere vero.”

World Book Day: Women's lives in the mirror of their men

There are so many men in a woman's life, from the first to the last one: «father, grandfather, son, brother, lover, husband, boss, colleague»…Some are present, others are forgotten, some are gone, others are still mysteriously there, captivating or suffered, changing, staying, transforming; and, pieced together, their portraits and contributions will depict better than she could herself, the woman crossing their road, in intimate and intricate stories, heartbreaking and inspiring, funny and modest, introspective and shedding light on historical and social backgrounds.

First on my discovery list was Denise Bombardier, a journalist, novelist, essayist and media personality from Quebec, well known for her outstanding reporting and often scathing sense of humour. In «Nos hommes» (1995) she writes, as quoted in Nicole Savard's literary blog [Fr]:

Les hommes sont, dit-elle, des êtres qui nous inspirent sur chacun d'eux, chacun d'eux étant la facette de ce qu'est un autre. De plus, l'homme est cette personne qui nous révèle à nous-mêmes, nous les femmes. Ils sont un peu ce que nous voulons qu'ils soient: amoureux, amants, fougueux, touchants, amicaux, professionnels, séducteurs, parfois cruels, et souvent terrifiés par le pouvoir qu'exerce la femme sur eux. Enfin, ces hommes sont à l'image de ce que la femme veut, croit ou “désespère d'être”.

Men, she says, are beings who inspire us about every one of them, each being the facet of another one. Moreover, man is this person who gives us women a new awareness of ourselves. They are in some way what we want them to be: in love, lovers, hot-headed, friendly, professional, seductive, sometimes cruel, and often terrified by the power a woman exerts on them. Finally, these men are a picture of what a woman wants to be, thinks she is or «has lost all hope of being».

Camille Laurens [Fr] represents a controversial trend in French literature, called «autofiction», combining autobiography and fiction. In 2000, she published «Dans ces bras-là» («In those arms»), which earned her the Femina prize, a book ballerines ou converses loved [Fr]:

Les hommes. Quel sujet ! Passionnant. Je regrette d’avoir été une femme en lisant ces lignes. J’aurais aimé être masculin pour mieux comprendre ce qui se passe dans le ventre des femmes face à nous, mais je suis fille, je ne fais qu’aquièscer au chemin chaotique et amoureux de l’héroïne. Car il y a toujours une histoire d’amour avec un homme : qu’il soit père, grand-père, fils, frère, ami, amant, mari, patron, collègue.

Men. What a topic! Gripping. While reading these lines I was sorry I was a woman. I would have loved being a male in order to better understand what is going on in the bellies of women facing us, but I am a female, I just aquiesce to the heroine's chaotic path through love. Since there is always a love story with a man – whether he is a father, grandfather, son, brother, lover, husband, boss, colleague.

But my favorite is no doubt My Men by Malika Mokkedem, an Algerian writer established in France, where she studied medicine and long practised as a nephrologist, before deciding to dedicate her time to literature.
The daughter of an illiterate, formely nomadic family of South Algeria, she succeeded in wrestling her independent life against the heavy traditions of the time and her family, and through the sheer power of her determination, became what she irrepressibly craved to be. She writes [Fr]:

I left my father to learn how to love men, a continent still hostile, because it is a foreign one…. I made myself with and against them. They embody everything I needed to conquer, in order to attain freedom.

La muse agitée, the blogger of the Vallauris bookshop, is enthusiastic [Fr]:

Voici le « carnet de bal » de Malika Mokkedem, qui déroule le fil de sa vie comme on ouvre un tiroir aux souvenirs. Y sont rangés son enfance de petite fille algérienne qui compte moins que ses frères et à qui on demande d’être la plus transparente possible, son adolescence de jeune fille qui trouve dans les livres et l’instruction une porte ouverte à la liberté, une jeune femme avide d’amour, indépendante et déterminée, une femme construite avec ses blessures, sa culture, sa rage et son besoin viscéral de reconnaissance.
Les hommes de sa vie sont ceux qui ont compté et l’on soutenue, ceux avec qui elle a bataillé, contre qui elle a dormi, pour qui elle a fait l'amour. Leurs traces intimes imprègnent de forces conjuguées et de déceptions cuisantes la vie de l’auteur. […]

This is Malika Mokkedem's «dance card», unwinding the thread of her life as you would open a drawer of keepsakes. Kept there are her childhood as a little Algerian girl who matters less than her brothers and is asked to be as invisible as possible, her teenage years as a girl who finds in books and learning an open door to freedom, a young woman eager for love, independent and resolute, a woman built out of her own wounds, her culture, anger, and deep-rooted need of recognition.
The men in her life are those who mattered and supported her, those against whom she battled, next to whom she slept, for whom she made love. Their intimate marks imprint the author's life with joint strengths and bitter disappointments. […]

Le livre se lit comme un récit de vie, un témoignage, une confidence, une sorte de gifle à l’ordre établi, l’ignorance et la servitude, une vérité toute crue qui n’accuse pas mais enveloppe l’avenir d’un espoir encourageant pour les femmes algériennes. […]

The book reads as a life-story, a testimony, a confidence, a kind of slap in the face of established order, ignorance and bondage, a raw truth that does not indict, but rather wraps the future in a cheering hope for Algerian women. […]

This obstacle race facing women leads us to great Algerian novelist Assia Djebar, who is also a translator, filmmaker and a professor of Francophone literature at New York University, one of the few women ever accepted into the Académie Française. Among her most famous works and memorable reads are L'Amour, la Fantasia (1985), and Femmes d'Alger dans leur appartement (2002). On his blog Le bateau libre, literary critic Frédéric Ferney points, about her latest book Nulle part dans la maison de mon père («Nowhere in my father's house», 2007) [Fr]:

Le titre sonne comme une dénégation et un aveu, il tient sa promesse.
[…]
Grandir, est-ce apprendre à désobéir? Et comment grandir sans (se) trahir? Comment être fidèle à soi sans renier les siens? Assia Djebar a cette phrase: “Se dire à soi-même adieu” que chacun est libre d'interpréter comme il veut.

The title sounds both like a denial and an admission, it does not fail to keep its promise.
[…]
Does growing-up mean, learn to disobey ? How can you grow up without betraying (and betraying yourself)? How can you stay faithful to yourself without disowning your people ? Assia Djebar has these words: «Bid oneself farewell», which everybody is free to understand his own way.

What brings together most of French-language Algerian writers is their style, their rich and vivid, energetic and never starchy handling of language, as well as the audacity of their subjects. So, finally somehow drifting from women's destinies, I feel compelled to end this short round-up with the entrancing books of Yasmina Khadra (a pen name for a man, to avoid military censorship during the Agerian civil war), whose Wolf Dreams (1999), The Swallows of Kaboul (2002) The Attack and The Sirens of Baghdad (both 2006), among others, aim to «give the readers in the West a chance to understand the core a problem that he usually only touches on the surface [that is, fanaticism].

More about this fascinating writer on these blogs : Un oeil sur la planète, and Cocola's [Fr].

Ecuador: The Departure of a Television Anchor

In the middle of a tense election season in Ecuador and with the general elections scheduled for April 26, a popular television journalist was fired by the Ecuavisa [es] station. The decision to fire Carlos Vera has opened the debate whether journalist can indeed by partisan and favor one side over the other. The station claims that Vera did not show journalistic integrity when, according to blogger Rafael Méndez Meneses he gave more airtime to mayoral candidate [es] Ab. Jaime Nebot and did not allow his opponent Maria Duarte to provide a rebuttal. However, now there are even speculation that the government had applied pressure on the station to fire Vera.

Ecuadorian journalist and former Ecuavisa anchor, Carlos Vera. Used under permission

Ecuadorian journalist and former Ecuavisa anchor, Carlos Vera. Used under his permission

However, Vera denies this claim and says that it has to do with an alleged insult towards President Correa [es] (see video).

Because of his visibility and the trajectories as journalist both on television and in print, Vera is well-known person in Ecuador and local bloggers have their own opinions. However, he is not loved by all, and Autentico Ecuatoriano [es] describes him:

Carlos Vera Rodríguez es quizá el periodista más polémico del Ecuador en las últimas dos décadas. Dueño de un estilo incisivo, arrogante, en veces hasta raya en la petulancia y eso lo hace no sólo un poco antipático

Carlos Vera Rodríguez may be the most controversial journalist in Ecuador over the past two decades. He has a very cutting and arrogant style, and sometimes crosses the line and that does not make only a little unpleasant

Despite this, the station has to consider external pressures. Francisco Suarez of Desde mi Trinchera [es] believes the Roca family, owners of Ecuavisa and other media entities in the country, have had to act according to how it would affect business and have had to sacrifice the journalistic work of the channel due to pressures:

Carlos Vera Rodríguez nunca fue un periodista de mi predilección. Grosero como él sólo a más no poder, estrujaba a sus entrevistados como lavandera a jeans viejos. Palo y más palo. Contrapuntos fuertes y en vivo transmitidos en Ecuavisa ni bien el gallo dejaba de cantar. Sin embargo (y lo digo con la convicción de haberlo vivido como entrevistado suyo que fui por dos ocasiones) cada palabra o argumento que soltaba su boca venía cargada de datos soportados por documentos oficiales obtenidos de fuentes confiables.

Carlos Rodriguez Vera was never one of my favorite journalists. Rude as only he could be, he squeezed his interviewees like a washer of clothes into old jeans. He hit them hard with his stick. Strong counterpoints were transmitted live on Ecuavisa early in the morning. However (and I say it with the conviction of having lived, as I was interviewed by him twice) each word or argument that came from his mouth was full of data supported by official documents obtained from reliable sources.

Ecuador Sin Censura [es] also agrees that the owners were receiving pressure from the government to silent dissident voices, such as the journalist who was fired. The government provides a lot of business to Ecuavisa and there were some hints dropped in order to remind the station about this.

With the departure of a figure of the likes of Vera, many doubt the credibility and independence of television media channels like Ecuavisa. Auténtico Ecuatoriano [es] refers to another of the journalists, Jorge Ortiz, who has a program on the same TV channel:

Ortiz hizo lo correcto, callar hasta encontrar el momento acertado para dar una estocada final: la seriedad de los Noticieros y Programas de Opinión de Ecuavisa estarán ya no en entredicho de aqui en adelante, sino que su credibilidad tocaría asintóticamente el CERO.

Ortiz was right, he kept quiet until he found the right moment to give a final thrust: the seriousness of news and opinion program of Ecuavisa are no longer in jeopardy from here onwards, but its credibility will strike zero asymptomatically.

While Diaro Relativo [es] applauds the decision of the directors of the channel and criticizes Mr. Vera:

Ecuavisa se puso las pilas al cancelar el programa de Carlos Vera “Cero Tolerancia”, es una medida muy justa, los televidentes estábamos ya hasta el copete de la arrogancia y parcialización de dicho mediocre periodista ( aunque en este país no hay periodistas excelentes).

Ecuavisa made the right decision to cancel the Carlos Vera's program “Zero Tolerance”, it is fair, viewers were already fed up with his arrogance and bias of such a mediocre journalist (although in this country there are not excellent journalists).

During his time off the air, fans of Vera can voice support for him on a Facebook group.

Mexico: Concern Over Swine Flu Outbreak

Mexican health officials have become concerned with an outbreak of swine flu, which has caused the deaths of 68 in Mexico City, and another 1,000 have fallen ill. What makes this flu particularly worrisome is that the deaths involved young people, and not those from vulnerable demographics. On the streets of the capital, residents are taking precautions to avoid the virus and others are waiting to see if it spreads.

The outbreak prompted the closure of museums [es] and schools, as well as the cancellation of cultural events [es], and even many football matches over the weekend.

Defeña Salerosa of Esta Maraña de Contradicciones [es] summarizes the reactions of Mexicans during this outbreak:

Los que piensan que todo esto es una medida gubernamental para tapar algo “chupacabras style”-”cortina de humo”, y ese algo quien sabe qué podría ser: amenazas del narcotráfico, chanchullos bursátiles, etc. Los que creen ciertamente que estamos llegando a una pandemia. Los que consideran exageradas y extremas las medidas del sector salud y el gabinete presidencial. Los que están asustadísimos y no quieren salir de casa y de hacerlo, porta tapabocas o bufandas (sí, con este pinche calor ví a dos con ¡bufandas!). Los que ya sienten escosor y mucosidad en sus vías repiratorias. Los que se rompen la cabeza buscando el comentario/frase más sarcástico y jocoso del asunto.

Those who think that this is a governmental measure to cover up something “like the chupacabras” - “smoke screen”, and that something, who knows what it could be: narcotrafficking threats, stock market scams, etc. There are those who think that we are surely reaching a pandemic. Those who think that the measures from the health sector and presidential cabinet to be exaggerated and extreme. Those that are truly scared and don't want to leave the house, and when they do use facemasks and scarves (yes, with this heat I saw two people with scarves!) Those that already feel mucous in their respiratory tracts. Those that try really hard trying to find the most sarcastic and humorous comment/phrase about the matter.

From Mexico City, Daniel Hernandez of Intersections provides regular updates on his blog and a look at the scene on the streets of Mexico City on Friday night:

But what are things like on the street right now? People are out and about, only every other pedestrian is wearing a surgical mask. Some arty party events tonight have been canceled, but otherwise, D.F. life as normal, if just a bit more surreal than usual.

Flickr-user Victoria , a teacher in Mexico City commented on Hernandez' post about arriving to her school on Friday morning:

As I walked in, I immediately noticed that i I didn't see any students.

Then they told me, oh, it's because of the outbreak of influenza, and then I vaguely remembered recieving at text message from UNONOTICIAS at midnight.

Then I hung out and listened to all my Mexican colleagues talk about how this is the first time this has ever happened, and speculate about how bad the situation truly might be, for these measures to be taken. Then I went home, on the metro, with my blue face mask on.

Some bloggers are providing tips about how the flu is contracted, such as Ana Maria Salazar writes that despite the name of the flu, one cannot contract it from eating pork.

The government has planned to administer the flu vaccine to health workers, but there are none available for the general public. Right now, they are recommending that people wash their hands frequently and to cover their mouths when they cough or sneeze, among other measures.

Brazil: Judges quarrel live on TV and scandalize the country

The live broadcast of a fight between two judges of the Brazilian Supreme Court (STF) has scandalized Brazilians. Chief Justice Gilmar Mendes and judge Joaquim Barbosa quarreled on Wednesday 22, during a trial on the possible unconstitutionality of a law establishing changes to civil registries. The heated row happened in front of an audience of thousands watching TV Justiça, and, soon after the images hit the Internet. As of now, the debate remains hot on the blogosphere.

stf

Screenshot of the footage

Barbosa accused Mendes of “destroying the credibility of the judicial system”. He also challenged Mendes to talk to the man on the street, to measure his low level of popularity. Mendes, in turn, accused Barbosa of “not having morals enough to give anyone a lesson”. The video of the bickering is here [pt]. Marisinha, who watched it live, left a comment on the Opus Luri blog [pt] saying she thought the quarrel was innapropriate:

Terrível incidente. Se Gilmar está destruindo a Justiça.. Barbosa está colaborando para jogá-la no ridículo.

Terrible incident. If Mendes is helping to destroy the justice system, Barbosa is collaborating to make it ridiculous.

After the incident, the court session was suspended and Barbosa left. Mendes met with all justices except two (apart from Barbosa, one judge was on holiday). In the end, they issued a statement [pt] expressing their “confidence and respect” for Mendes. The president has since denied there is a crisis within the court.

Marco Bahé from Acerto de Contas [pt] blog says that the society needs to react, and he is sure the majority of the population sides with Joaquim Barbosa. The blog has launched an online petition [pt] in his support, so far signed by over 2,000 people.

“As palavras do ministro do Supremo Tribunal Federal Joaquim Barbosa, ontem, dão esperanças ao povo brasileiro. Enfim, um homem sério no Judiciário se pronuncia contra a aberração ética, moral e jurídica que é o senhor Gilmar “Dantas” Mendes. (…)

Gilmar conseguiu arrancar, ainda ontem, a assinatura de apoio de oito dos 11 ministros do STF. Foi uma carta curta que diz o seguinte: “Os ministros do Supremo Tribunal Federal que subscrevem esta nota, reunidos após a sessão plenária de 22 de abril de 2009, reafirmam a confiança e o respeito ao senhor ministro Gilmar Mendes na sua atuação institucional como presidente do Supremo, lamentando o episódio ocorrido nesta data.””

“Federal Supreme Court Judge Joaquim Barbosa's words, yesterday, have brought hope to Brazilian people. Finally, a serious man in the judiciary has spoken against the ethical, moral and legal aberration that sir Gilmar  “Dantas” Mendes is. (…)

Gilmar did manage, yesterday, to gather signatures of support from eight of the eleven STF judges. It was a short letter that reads: “The judges of the Brazilian Supreme Court signed below, after the plenary session on 22 April 2009, are reassured in the confidence and respect for Mr Gilmar Mendes in his institutional role as President of the Supreme Court, while regretting the incident happened on this date.”

sft2

Joaquim Barbosa - Screenshot of the footage

With eight signatures, the note seemed an unconditional display of the house's support. However, Blog do Melo [pt] points out a comment left on the Blog do Azenha, where  Mário de Oliveira brought up a new piece of information so far ignored by the main newspapers: six of those eight ministers work for the Instituto Brasiliense de Direito Público - IDP, a private university owned by Gilmar Mendes:

“Entre os professores desse instituto estão os senhores Eros Roberto Grau, Marco Aurélio Mendes de Faria Mello, Carlos Ayres Britto, Carlos Alberto Menezes Direito e a senhora Cármen Lúcia Antunes Rocha (cinco Ministros do Supremo). Ou seja, alguns dos Ministros do Supremo também são funcionários, empregados, prestadores de serviço ou contratados, seja lá como possa ser definida legalmente, a relação deles com o IDP do Presidente do Supremo. Também está na relação o Ministro Nelson Jobim.
Será que não estariam ética e moralmente impedidos de se manifestarem acerca do entrevero Joaquim Barbosa X Gilmar Mendes? Nesse caso, não há conflito de interesses já que de alguma maneira os citados têm relação com Presidente do Supremo que envolve remuneração?”

“Among the teachers of this institute are Mr Eros Roberto Grau, Marco Aurélio Mendes de Faria Mello, Carlos Ayres Britto, Carlos Alberto Menezes Direito and Mrs Carmen Lúcia Antunes Rocha (five Supreme Court judges). That is to say, some of the Supreme Ministers also are workers, employees, service providers or contractors, however it is defined legally, of the IDP owned by the president of the Supreme Court. The name of the Minister Nelson Jobim also appears on the list.
Should they be ethically and morally prevented from speaking about the quarrel between Joaquim Barbosa and Gilmar Mendes? In this case, isn't there a conflict of interests considering that the above mentioned have a relationship to the said president of the Supreme Court that involves remuneration?”

Unhappy with the note written by the judges, Tandai Ayan [pt] blogged her own manifesto:

“Se os oito ministros do STF emitiram nota de apoio ao Min. Gilmar Mendes, Presidente do STF eu, Tandai Ayan, brasileira, eleitora apta em meu município, contribuinte regular dos impostos, dentre estes os que pagam os salários dos eminentes Ministros do STF, quero aqui, MANIFESTAR MEU APOIO, de público, ao MINISTRO JOAQUIM BARBOSA, não somente pelo episódio ocorrido, mas, sobretudo, por traduzir a insatisfação do Povo Brasileiro neste contexto atual do Poder Judiciário, e particularmente de minha pessoa, como cidadã que sou, na defesa dos princípios constitucionais e na moralidade do Poder Judiciário.”

“If the eight  STF judges have issued a note of support of the judge Gilmar Mendes, President of the STF, I, Tandai Ayano, Brazilian, constituent of my city, regular taxpayer, among them taxes that pay for the salaries of senior judges of the STF, want to hereby express publicly my support for JUDGE JOAQUIM BARBOSA, not only because of what happened, but mainly for translating people's dissatisfaction in the current context of the Brazilian Judiciary, and particularly for me, as the citizen that I am, in defense of constitutional principles and the morality of the Judiciary.”

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Gilmar Mendes - Screenshot of the footage

There were some voices for Gilmar Mendes too. Among them, Adrualdo Catão [pt] believes Gilmar Mendes is a fine judge doing his job who was the victim of a live broadcast assault:

“O Ministro Barbosa precisa pensar um pouco na responsabilidade de sua missão. Sair por aí atirando pedras, simplesmente porque discorda da tese dos outros não é algo próprio de um membro do STF. Muito menos repercutir acusações abstratas de blogueiros e revistas. Se tem algo contra Mendes, que prove.”

“Judge Barbosa needs to think a little about the responsibility of his mission. Going around throwing stones simply because he disagrees with others' theses is not the right behaviour for a member of the STF. Even less is reverberating accusations made by bloggers and magazines. If he has anything against Mendes, he has to prove it.

Eduardo Graeff [pt] believes that the quarrel raised a fundamental issue for the country: the clash between modernization and conservativism of the justice system in Brazil. He says Gilmar Mendes might be seen as a nuisance by some, but he is an encouragement to others, like himself:

“Os conservadores reclamam do ativismo do presidente do STF. Esse pecado é na verdade a grande virtude de Gilmar Mendes. Ele comprou a briga pela modernização da Justiça. Pisou no acelerador das mudanças possibilitadas pela Constituição de 1988 e começadas por Nelson Jobim e Ellen Gracie. Botou o dedo nas feridas do corporativismo, do laxismo, do populismo judicial.”

“The conservatives complain about the STF president's activism. This sin is in fact Gilmar's greatest virtue. He took up the fight for the modernization of the Justice system. He worked full throttle on the changes allowed by the 1988 Constitution and started by Nelson Jobim and Ellen Gracie. He has rubbed salt into the wounds of corporatism, laxity, judicial populism.”

Reactions to the media reactions

Gilmar Mendes has always enjoyed media respect, despite controvertial decisions that have caused considerable anger in legal circles, and, in turn, have badly damaged his popularity. Luis Nassif [pt] collates the media reactions to the row, and says that it is high time the mainstream media caught up:

“A resistência da mídia em manter os olhos fechados a essa postura horrorosa de Gilmar Mendes cobrou um preço altíssimo, no descrédito dos jornalões. Já escrevi algumas vezes que jamais vi um divórcio igual entre a linha dos jornais e o pensamento do leitor.”

The media's insistence on keeping their eyes closed to Gilmar Mendes' horrific posture has cost the big papers with the high price of losing credibility. I have written a few times that I have never seen such a divorce between the newspapers' and reader's lines of thought.”

Luiz Carlos Azenha lists the facts the media should be reflecting about instead of focusing  on Barbosa's “bad temper”. He says the media is there to disinform, confuse – not to explain. He concludes:

“Ora, para explicar os motivos por trás do bate-boca entre Gilmar Mendes e Joaquim Barbosa, a mídia seria obrigada a fazer o que não fez até agora: informar. Por isso, tanto ela quanto Gilmar Mendes vão mudar de assunto rapidinho.”

“Well, to explain the reasons behind the quarrel between Gilmar Mendes and Joaquim Barbosa, the media would be forced to do what they have not done up to now: to inform. Therefore, both media and Gilmar Mendes will just change the subject quickly.”

On Twitter, @candidanobre shows the divide between traditional and social medias:

gilmar mendes dominando a grande mídia e o #joaquimbarbosaday movimentando por aqui. Por estas, ainda tenho esperança na rede.

Gilmar Mendes dominating the mainstream media and # joaquimbarbosaday exciting us here. That's why I still have hope in the web.

Reactions online and the #joaquimbarbosaday

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For many net citizens judge Joaquim Barbosa has given voice to what many Brazilians think about Gilmar Mendes, and social networks are pulsing with reactions. Many new communities have opened up on the popular Orkut, some of them even puting Joaquim Barbosa's name forward for president in the 2010 elections. A new blog – I am a fan of judge Joaquim Pereira – was created. But the more engaging reactions were on the twittersphere, with many people changing avatars to show support for Barbosa. It was #joaquimbarbosaday:

Twitter Brazilians [pt] blog explains how it all started: @direitodopovo twittered in the morning having a picture of Joaquim Barbosa as his avatar and the hashtag #joaquimbarbosaday.

“A campanha, criada por @direitodopovo, rendeu mais de 400 mensagens e a participação de 50 tuiteiros, uma média de 8 mensagens por usuário.”

“The campaign started by @direitodopovo caused over 400 reactions and the participation of over 50 tweeters, with about 8 messages per user”

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Posted on April 23, 2009 by arlesophia

Antonio Arles [pt] says that the web has proved one more time that it is an important vehicle for the exercise of citizenship:

“Através do Twitter fizemos um “twitasso” (manifestação virtual) para apoiar o Ministro Joaquim Barbosa, que ontem (22)  falou o que estava entalado na garganta de grande parte do povo brasileiro para o ministro Gilmar Mendes. O ministro Gilmar Mendes, presidente do STF, vem desmoralizando a Justiça com seus arroubos autoritários e suas “ligação perigosas” com bandidos julgados e condenados.”

“We did a twitasso (virtual event) on Twitter to support the Judge Joaquim Barbosa, who yesterday (22) told judge Gilmar Mendes what was stuck in the throat of most of the Brazilian people. Judge Gilmar Mendes, STF President, has demoralized the justice system with his authoritarian behaviour and “dangerous liaisons” with tried and judged criminals. “

Healthy row

Despite huge media and audience criticism of the Supreme Court Judges' row, and even of the fact that it was broadcast live on TV, some judges believe this is the way forward: Marcos Alencar [pt] wishes every court session in the country were broadcast live in a bid to increase transparency:

Quase todos os dias, sabemos de histórias envolvendo discussões acirradas e desrespeitosas entre Juízes e advogados, que se esvaem diante da falta de provas. Com a filmagem, isso seria coibido e teríamos como apurar quem provocou os desrespeitou quem.

Imagine se essa sessão do STF não tivesse sido filmada, divulgada ao vivo na TV Justiça? Certamente ficaria apenas no disse-me-disse, muito diferente de todo o espetáculo televisivo.
Tenho certeza que filmadas as audiências o respeito entre os Magistrados e advogados reinariam, continuaria a haver confronto, mas dentro de uma linha de respeito.

Nearly every day, we hear stories of heated and disrespectful rows between judges and barristers, which are empty because of the lack of proof. If they were filmed, it would be prevented and we would be able to verify who provoked or disrespected others.

Imagine if this session at the STF had not been recorded, broadcast live on TV? It would surely end up on the grapevine, very different to the TV show.

I am sure that, if the court sessions were taped, there would be more respect between judges and barristers, there would still be confrontations, but with more respect.

Judge Jorge Alberto Araujo [pt] believes that heated debates are generally positive:

“É muito bom que tenhamos um certo embate na nossa Corte Superior. Dá uma sensação de que as decisões não são de bastidores e que os magistrados de primeiro grau, e por conseguinte o Poder Judiciário como um todo, têm, por exemplo nas pessoas dos ministros Joaquim Barbosa e Marco Aurélio, seus atentos defensores, havendo aquele importante contrapeso que impede que a Justiça, nas palavras do próprio Ministro Joaquim Barbosa, seja destruída.”

“It is good to have a clash in our Supreme Court. It gives us the feeling that decisions are not taken backstage and that the first degree magistrates, and therefore the Judiciary as a whole, have such attentive supporters as Judges Joaquim Barbosa and Marco Aurelio, providing an important counterweight to prevent the courts from, in the words of Judge Joaquim Barbosa, being destroyed. “

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Posted on April 23, 2009 by arlesophia