Month: September 2005

  • 3 in 82nd Airborne Say Beating Iraqi Prisoners Was Routine




    September 24, 2005
    3 in 82nd Airborne Say Beating Iraqi Prisoners Was Routine
    By ERIC SCHMITT

    WASHINGTON, Sept. 23 – Three former members of the Army’s 82nd Airborne Division say soldiers in their battalion in Iraq routinely beat and abused prisoners in 2003 and 2004 to help gather intelligence on the insurgency and to amuse themselves.

    The new allegations, the first involving members of the elite 82nd Airborne, are contained in a report by Human Rights Watch. The 30-page report does not identify the troops, but one is Capt. Ian Fishback, who has presented some of his allegations in letters this month to top aides of two senior Republicans on the Senate Armed Services Committee, John W. Warner of Virginia, the chairman, and John McCain of Arizona. Captain Fishback approached the Senators’ offices only after he tried to report the allegations to his superiors for 17 months, the aides said. The aides also said they found the captain’s accusations credible enough to warrant investigation.

    An Army spokesman, Paul Boyce, said Friday that Captain Fishback’s allegations first came to the Army’s attention earlier this month, and that the Army had opened a criminal investigation into the matter, focusing on the division’s First Brigade, 504th Parachute Infantry. The Army has begun speaking with Captain Fishback, and is seeking the names of the two other soldiers.

    In separate statements to the human rights organization, Captain Fishback and two sergeants described systematic abuses of Iraqi prisoners, including beatings, exposure to extremes of hot and cold, stacking in human pyramids and sleep deprivation at Camp Mercury, a forward operating base near Falluja. Falluja was the site of the major uprising against the American-led occupation in April 2004. The report describes the soldiers’ positions in the unit, but not their names.

    The abuses reportedly took place between September 2003 and April 2004, before and during the investigations into the notorious misconduct at the Abu Ghraib prison near Baghdad. Senior Pentagon officials initially sought to characterize the scandal there as the work of a rogue group of military police soldiers on the prison’s night shift. Since then, the Army has opened more than 400 inquiries into detainee abuse in Iraq and Afghanistan, and punished 230 enlisted soldiers and officers.

    The trial of a soldier charged in an investigation into Abu Ghraib, Pfc. Lynndie R. England, continued Friday in Fort Hood, Tex. [Page A16.]

    In the newest case, the human rights organization interviewed three soldiers: one sergeant who said he was a guard and acknowledged abusing some prisoners at the direction of military intelligence personnel; another sergeant who was an infantry squad leader who said he had witnessed some detainees’ being beaten; and the captain who said he had seen several interrogations and received regular reports from noncommissioned officers on the ill treatment of detainees.

    In one incident, the Human Rights Watch report states, an off-duty cook broke a detainee’s leg with a metal baseball bat. Detainees were also stacked, fully clothed, in human pyramids and forced to hold five-gallon water jugs with arms outstretched or do jumping jacks until they passed out, the report says. “We would give them blows to the head, chest, legs and stomach, and pull them down, kick dirt on them,” one sergeant told Human Rights Watch researchers during one of four interviews in July and August. “This happened every day.”

    The sergeant continued: “Some days we would just get bored, so we would have everyone sit in a corner and then make them get in a pyramid. This was before Abu Ghraib but just like it. We did it for amusement.”

    He said he had acted under orders from military intelligence personnel to soften up detainees, whom the unit called persons under control, or PUC’s, to make them more cooperative during formal interviews.

    “They wanted intel,” said the sergeant, an infantry fire-team leader who served as a guard when no military police soldiers were available. “As long as no PUC’s came up dead, it happened.” He added, “We kept it to broken arms and legs.”

    The soldiers told Human Rights Watch that while they were serving in Afghanistan, they learned the stress techniques from watching Central Intelligence Agency operatives interrogating prisoners.

    Captain Fishback, who has served combat tours in Afghanistan and Iraq, gave Human Rights Watch and Senate aides his long account only after his efforts to report the abuses to his superiors were rebuffed or ignored over 17 months, according to Senate aides and John Sifton, one of the Human Rights Watch researchers who conducted the interviews. Moreover, Captain Fishback has expressed frustration at his civilian and military leaders for not providing clear guidelines for the proper treatment of prisoners.

    In a Sept. 16 letter to the senators, Captain Fishback, wrote, “Despite my efforts, I have been unable to get clear, consistent answers from my leadership about what constitutes lawful and humane treatment of detainees. I am certain that this confusion contributed to a wide range of abuses including death threats, beatings, broken bones, murder, exposure to elements, extreme forced physical exertion, hostage-taking, stripping, sleep deprivation and degrading treatment.”

    Reached by telephone Friday night, Captain Fishback, who is currently in Special Forces training at Fort Bragg, N.C., referred all questions to an Army spokesman, adding only that, “I have a duty as an officer to do this through certain channels, and I’ve attempted to do that.”

    The two sergeants, both of whom served in Afghanistan and Iraq, gave statements to the human rights organization out of “regret” for what they had done themselves at the direction of military intelligence personnel or witnessed but did not report, Mr. Sifton said. They asked not to be identified, he said, out of fear they could be prosecuted for their actions. They did not contact Senate staff members, aides said.

    One of the sergeants has left the Army, while the other is no longer with the 82nd, Mr. Sifton said. Both declined to talk to reporters, he said.

    A spokeswoman for the 82nd Airborne, Maj. Amy Hannah, said the division’s inspector general was working closely with Army officials in Washington to investigate the matter, including the captain’s assertion that he tried to alert his chain of command months ago.

    John Ullyot, a spokesman for Senator Warner, said Captain Fishback had spoken by telephone with a senior committee aide in the last 10 days, and that his allegations were deemed credible enough that the aide recommended he report them to his new unit’s inspector general.

    While they also witnessed some abuses at another forward base near the Iraqi border with Syria, the three said most of the misconduct they witnessed took place at Camp Mercury, where prisoners captured on the battlefield or in raids were held for up to 72 hours before being released or transferred to Abu Ghraib.

    Interrogators pressed guards to beat up prisoners, and one sergeant recalled watching a particular interrogator who was a former Special Forces soldier beating the detainee himself. “He would always say to us, ‘You didn’t see anything, right?’ ” the sergeant said. “And we would always say, ‘No, sergeant.’ ”

    One of the sergeants told Human Rights Watch that he had seen a soldier break open a chemical light stick and beat the detainees with it. “That made them glow in the dark, which was real funny, but it burned their eyes, and their skin was irritated real bad,” he said.

    A second sergeant, identified as an infantry squad leader and interviewed twice in August by Human Rights Watch, said, “As far as abuse goes, I saw hard hitting.” He also said he had witnessed how guards would force the detainees “to physically exert themselves to the limit.”

    Some soldiers beat prisoners to vent their frustrations, one sergeant said, recalling an instance when an off-duty cook showed up at the detention area and ordered a prisoner to grab a metal pole and bend over. “He told him to bend over and broke the guy’s leg with a mini-Louisville Slugger that was a metal bat.”

    Even after the Abu Ghraib scandal became public, one of the sergeants said, the abuses continued. “We still did it, but we were careful,” he told the human rights group.

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  • Scorsese, PBS reveal another side of Bob Dylan By Glenn Abel




    Director Martin Scorsese (R) and singer Elvis Costello arrive at the premiere of ‘No Direction Home: Bob Dylan’ in New York September 19, 2005. (Albert Ferreira/Handout/Reuters)

    Scorsese, PBS reveal another side of Bob Dylan By Glenn Abel
    Fri Sep 23, 8:35 AM ET

    “Don’t look back,” the baseball sage Satchel Paige advised. “Something might be gaining on you.” For Bob Dylan in the 1960s, the hellhounds in the rearview were the crush of celebrity and the weight of ridiculous expectations.

    Martin Scorsese’s “No Direction Home: Bob Dylan” starts off in Ken Burns territory, using a rich and exquisite mix of vintage sounds and images to track Robert Zimmerman of Hibbing, Minn., as he moves to New York and becomes folk singer Bob Dylan.

    The documentary ends a half-decade later, with a speed-jacked-hollow-eyed Dylan rocking back and forth on a couch repetitively, as if he’d been dusted with autism. “Traitor!” they had yelled at him one too many nights. “I just want to go home,” the shellshocked rock star moans.

    Dylan’s long search for a place to be looms large in Scorsese’s compelling two-part film, which airs Monday and Tuesday on PBS stations. “No Direction Home” also has been released as a double-DVD set.

    “I was born very far from where I’m supposed to be,” Dylan says today, as the 3 1/2-hour documentary opens. “So maybe I’m on my way home.”

    Dylan acts as his own witness throughout — at ease, clear, sometimes funny and seemingly pleased to take control of his legend, much as he was last year on “60 Minutes.”

    Other key interviewees include musicians Joan Baez, Pete Seeger, Maria Muldaur and Al Kooper, as well as one-time ladyfriend Suze Rotolo and the folk-music promoter Harold Leventhal. Dylan’s mentor Dave Van Ronk and the beat poet Allen Ginsberg were interviewed before their deaths.

    The film’s subtitle should be something like “Bob Dylan, 1960-65.” The recorded output during the period stretches from the walkthrough debut album “Bob Dylan” (1962) to the titanic “Highway 61 Revisited” (1965).

    “I don’t feel like I had a past,” Dylan says, but the assembled evidence proves otherwise. Part 1 unspools much like a video companion to Dylan’s vastly entertaining biography “Chronicles, Volume One,” which covers his years on the Greenwich Village folk scene, the epicenter of American hip in the early 1960s.

    Dylan first came to New York on a quest to meet his idol Woody Guthrie, the iconic folksinger whose Huntington’s disease landed him in a mental hospital. Dylan says no one reached him musically before Guthrie. “It was the sound (of other singers) that got to me,” he recalls. “It wasn’t who it was.” Scorsese shows seldom-seen clips of performances by such artists of the day as Hank Williams, Gene Vincent, Odetta and Muddy Waters. (The 5.1 audio, irrespective of source material, is stunning throughout.)

    Guthrie “had a particular sound, and besides that he said something,” Dylan recalls. “He was a radical — (I thought) that’s what I want to say. I want to say that.”

    Dylan found a reason to believe in the craft of songwriting, and once he started, “I wrote ‘em anywhere I was — in a subway, a cafe. . . . I wrote the songs to perform the songs . . . in a language I hadn’t heard before.”

    A dubious Baez, the folkie madonna, came to see the phenom perform. “He was everything they said he was.” The singers became lovers and collaborators. “I knew he was going to be a massive star, and I liked that,” she says today, delightfully rough and ready in her maturity.

    The folk movement’s old guard embraced Dylan, anointing him at the 1963 Newport Folk Festival. “Blowin’ in the Wind” became an all-purpose anthem for the socially aware. Dylan was branded a protest singer, a label he rejected, most of the time. Of “A Hard Rain’s A-Gonna Fall,” he told Studs Terkel’s radio audience: “It’s not an atomic rain. It’s just a hard rain.”

    Ginsberg recalled discovering Dylan in the hottest days of the Cold War. “I heard ‘Hard Rain’ and wept. . . . It seemed the torch had been passed (from the Beats) to a new generation.” On the scariest night of the Cuban missile crisis, Dylan played the Gaslight coffeehouse and sang “Masters of War.”

    Part 1 goes on to chronicle Dylan’s rise to international stardom after signing with Columbia. The documentary’s gentle rhythms turn propulsive as his early recordings annex the soundtrack. At first, industry wags dismissed Dylan as producer “John Hammond’s folly,” but most everyone got it, especially the college kids coming out of the 1950s looking for someone to follow.

    “It’s almost enough to make you believe in Jung’s notion of collective unconscious,” Van Ronk said. “If there is an American collective unconscious, Bobby had somehow tapped into it.”

    “No Direction Home” becomes a film by Martin Scorsese in its dark concluding act. Like the director’s “Mean Streets” and “GoodFellas,” it captures the paranoia and disintegration as the central character’s life implodes.

    As Scorsese and his collaborators spin the tale, Dylan’s torments come solely as punishment for artistic metamorphosis — the treasonous act of going electric after finding fame as a dutiful folk singer. “No Direction Home” sidesteps Dylan’s chaotic personal life and drug use.

    The artist faced a far-flung confederacy of dunces, Scorsese maintains: moronic reporters, abusive audiences, uncomprehending music lovers, petulant folkies, teenagers who shrieked, fawned and grabbed. No one seems to have any sense except for Dylan and his in-crowd.

    Dylan’s songs play nonstop in that gorgeous audio, but there is little discussion, surprisingly, of the groundbreaking music he produced in the mid-’60s — no recognition of the vast baby boom audience that heard the genius in his explorations and embraced them. No one testifies to the deep and immediate influence of “Highway 61 Revisited” on rock innovators up to and including John Lennon.

    Still, it’s easy and satisfying to buy into Scorsese’s view of Dylan as underdog. The slant and subjectivity give “No Direction Home” much of its drama and depth, especially in the final hour.

    Part 2 leans on footage from the films “Don’t Look Back,” about Dylan’s 1965 tour of Britain, and “Festival,” which captured the shootout at Newport. Included are famous scenes such as the “Mr. Jones” confrontation with a British reporter and the seminal cue-card video for “Subterranean Homesick Blues.”

    (Those films’ directors, D.A. Pennebaker and Murray Lerner, respectively, get third billing in “No Direction Home,” after Scorsese and his gifted editor, David Tedeschi. Still photographer Barry Feinstein and interviewer Jeff Rosen, Dylan’s manager, are other key contributors.)

    In the remarkable footage from Newport ’65, Dylan jolts the folkies by enlisting Kooper and members of the Paul Butterfield Blues Band for a quick set of rock songs. The boos and catcalls compete with the amplified din. Dylan’s freaked-out friend Seeger calls for an ax with which to cut the power cables, reports of which wound Dylan “like a dagger.”

    “I had no idea why they were booing,” Dylan says today with a straight face. “Whatever it was about it wasn’t about anything they were hearing.” Accounts of that night don’t add up, but it was hardly an ambush by Dylan: The rock album “Bringing It All Back Home” had been out for four months.

    Booing Dylan became sport and populist performance art when he next toured, finishing the show with rock musicians. Sometimes Dylan would sass them back, playfully. Sometimes he would snarl. Of the backup band that became the Band, he says, “They were gallant knights for standing behind me.”

    Pennebaker and his cameras were back in England on May 17, 1966, when the group played Manchester. “Judas!” a British fan screams at Dylan as he takes the stage. “I don’t believe you,” the musician says in the legendary exchange. “You’re a liar.”

    Dylan turns to his bandmates, commanding, “Play it f***ing loud!” They roar through “Like a Rolling Stone” like scorched-earth warriors. For Scorsese and his TV audience, the ride ends here, with Dylan taking a hard right at the crossroads.


    When you get to the end, you want to start all over again. That’s the No. 1 reason to own Paramount’s double-DVD set of “No Direction Home,” which was released Tuesday.

    Coming from a project so awash in audio and video treasures, it seems odd that the only meaningful DVD extras are complete versions of Bob Dylan numbers trimmed for the documentary.

    That said, there are some great performances here — for example, the eight-minute version of “Like a Rolling Stone” from the 1966 tour of Britain and the hypnotic “Mr. Tambourine Man” from a Newport workshop in 1964. (There are five others, some odd, all worthwhile.)

    A quartet of guest performances from singers interviewed for the documentary don’t add much, except for Joan Baez’s home-cooked “Love Is Just a Four-Letter Word.”

    There also is an interesting “unused” 1965 promo for “Positively Fourth Street” — unfinished is more like it — and a clip of Dylan crafting a song in a hotel.

    The DVD’s Dolby Digital 5.1 audio achieves reference quality. (Quality is sure to vary as individual PBS affiliates broadcast the documentary.) The 2003 remastering jobs on Dylan’s early and midperiod recordings (for SACD hybrids) possibly came into play.

    Images are TV-friendly full-screen, with pleasing grays and medium contrasts. The video texture is amazingly consistent given the Babylon of sources.


    Spitfire Pictures, Gray Water Park Prods., Thirteen/WNET Network/PBS and Sikelia Prods., in co-production with Vulcan Prods., BBC and NHK

    Cast: Bob Dylan, Joan Baez, Allen Ginsberg, Al Kooper, Maria Muldaur, Pete Seeger, Dave Van Ronk.

    Executive producers: Paul G. Allen, Jody Patton, Jeff Rosen, Nigel Sinclair, Susan Lacy, Anthony Wall; Co-producer: Margaret Bodde; Producers: Jeff Rosen, Susan Lacy, Nigel Sinclair, Anthony Wall, Martin Scorsese; Director: Martin Scorsese; Editor: David Tedeschi; Sound re-recordist: Dave Bihldorff; Sound re-recording mixer: Tom Fleischman; Music editor: Annette Kudrak; Supervising sound editor: Philip Stockton; Sound effects editor: Allan Zaleski.

  •  







    Art of the Internet: A Protest Song, Reloaded



    September 24, 2005
    Art of the Internet: A Protest Song, Reloaded


    Some songs have all the luck. They lead double, even triple lives, meaning everything to everyone, and meaning it passionately.


    Last month, Green Day’s “Wake Me Up When September Ends” was serving both as a protest song against the war in Iraq and as a patriotic ballad. It was (and still is) one of the most requested music videos on MTV. Now, thanks to the Internet, it is a song about the devastation that followed Katrina.


    The song’s original music video, made by Samuel Bayer (who also filmed the video of Nirvana’s classic “Smells Like Teen Spirit”), is full of pathos and sap. It shows a young couple in love, then quarreling and finally separated by war. As the young man fights in Iraq thinking about sunnier days, the young woman sits home waiting and fretting.


    Although the band intended the music video as an antiwar protest, Kelefa Sanneh, a pop music critic for The New York Times, pointed out that it also “works pretty well as a support-our-troops statement.” One blogger recently posted the Green Day video with the tag “Great Recruitment Video.” Maybe he was being facetious, maybe not.


    Today, it’s the same old song with a different meaning. Two weeks ago, Karmagrrrl, a blogger also known as Zadi, paired the Green Day ballad with television news coverage of Katrina and posted it at her Web site, smashface.com/vlog. Her video fits the lyrics like a glove.


    Karmagrrrl’s video begins with a view of green trees out the window of a bus. “Summer has come and passed, the innocent can never last,” the song goes. “Wake me up when September ends.” On the floor of the bus, you see a pair of red sneakers toeing the headline “HELP US” on a folded copy of The New York Post from Sept. 1. The picture in the newspaper shows a pair of feet in cardboard sandals.


    From that point on, “Wake Me Up” is set to images of Katrina seen on MSNBC, CNN and “The Oprah Winfrey Show.” As the rain rages on MSNBC, the song swells: “Here comes the rain again, falling from the stars.” A streetlight falls onto the wet street: “Drenched in my pain again, becoming who we are.” Videotape of corpses carried on stretchers goes with this lyric: “As my memory rests, but never forgets what I lost.” It’s almost too perfect.


    In the video the song’s lyrics seem weirdly prescient, even though parts of the song make no sense at all. “Like my father’s come to pass,/ 20 years has gone so fast.” What could that mean? Perhaps that touch of incoherence is the song’s key to universality.


    And what about the instrumental interludes? They have been filled with excerpts from President Bush’s remarks to hurricane victims hundreds of miles away. In what is either a remarkable stroke of luck, or the vlogger’s artistry, the president’s halting, I’m-in-this-with-you cadence exactly fits the folksy rhythm and earnest feel of the music.


    “I want the folks there on the Gulf Coast to know that the federal government is prepared to help you.” It’s as if the president were onstage with the band. “Right now the days seem awfully dark to those affected, but I’m confident that with time, you’ll get your lives back in order.”


    Is it possible that Karmagrrrl is empathizing with Mr. Bush? Is it possible that this is a romantic video about America in mourning? A few images undo that suggestion. At a certain point in the video, you don’t just see families waving for help, infants crying in their mother’s arms and children in makeshift carts. You see women shouting obscenities at the camera.


    Unlike the original Green Day video, which could be either pro-war or antiwar, this one sends a clear message. Yet what makes the Katrina video work is that it isn’t totally obvious from the beginning.


    It glides to an end with a long panorama of homeless people sitting on curbs and waiting for help. The song goes, “Wake me up when September ends,/ Wake me up when September ends,/ Wake me up when September ends.” Rather gratuitously, after the music has stopped, the president’s mother, speaking from Houston, gets the last gaffe: “So many of the people in the arena here, you know, were underprivileged anyway, and this is working very well for them.” And it’s a wrap.


    By the way, Karmagrrrl is not alone. Around the same time she was joining Green Day’s song to images of Katrina, two Houston rappers who collectively call themselves the Legendary K.O., Damien Randle and Micah Nickerson (who lives near the Houston Astrodome), made their own mash-up. They joined Kanye West’s hit song “Gold Digger” with some of the ad-lib remarks that Mr. West made during an NBC telethon for hurricane relief, tossed in some more words, called it “George Bush Doesn’t Like Black People” and posted it on the Internet.


    It’s now a hit on the radio and the Internet, and can be downloaded from various Web sites, including the rappers’ own, www.k-otix.com. Already someone on the Internet named Black Lantern has added video. And there’s no guessing about the sentiment.




  • When the West Helps China Spy




    Yahoo Scandal

    When the West Helps China Spy

    By Nils Klawitter

    For years, American internet companies have been helping the powers-that-be in China to spy on their own people. Yahoo is even said to have exposed a journalist.

    The last time Gao Qinsheng saw her son, she hardly recognized him. She remembered Shi Tao, 37, as a large and powerful man. But all she saw now was “skin and bones.” Gao told prison officials that her son needed a doctor.

    Instead he was transferred to a re-education camp about a week ago. The camp, officially dubbed a “machine factory,” sits on a small island in Dongting Lake in the southern province of Hunan, where Shi Tao shares a cell with at least 30 prisoners. If things go poorly for Shi Tao, this could be his living arrangement for the next ten years.

    His crime? Shi Tao, a journalist with financial daily Dangdai Shang Bao, electronically forwarded an internal Communist Party directive concerning the 15th anniversary of the Tiananmen Square massacre to a “foreign hostile element.” The document contained little more than a general warning about the return of certain dissidents. But it was precisely this word — dissident — that was probably picked up by the state security apparatus’ filter programs, focusing the attention of one of the country’s 40,000 internet censors on Shi Tao.

    But because the journalist had taken the precaution of sending his e-mails from an anonymous address, the Chinese authorities had to turn to Yahoo for help. And the American internet company, through which Shi Tao had sent his e-mails, apparently had no qualms helping out the Chinese. According to the organization Reporters without Borders, Shi Tao could never have been arrested without the servile Americans. When he was sentenced in April, the People’s Court expressly referred to information “provided” by Yahoo: the journalist’s personal account and the exact transmission time of the incriminating message.

    The case became a PR disaster for Yahoo. Only after it was reported in various newspapers did company spokeswoman Mary Osako issue a terse statement to the effect that each individual Yahoo office must operate within the framework of local laws and “customs.” Customs? Does that mean child labor? A little light torture? What exactly does the word “customs” mean to Yahoo?

    Osako also told SPIEGEL that the company, of course, abides by its own “privacy policy.” But that policy is full of holes. As far back as 2002, Yahoo voluntarily signed a document ominously titled “Commitment to Self-Discipline for the Chinese Internet Industry.”

    Until the Shi Tao case, this meant helping out with censorship as well as blocking access to certain internet sites to China’s approximately 100 million internet users. Google has also complied with Chinese policy, and Microsoft’s MSN was even willing to remove search terms like “democracy” and “human rights” from its portal. According to MSN’s model of cultural relativism, this kind of language is simply “forbidden speech” in China.

    But, says Reporters without Borders, Yahoo’s latest move has essentially relegated it to the role of “police informant.” The US company, which had just acquired 40 percent of China’s biggest e-commerce company, Alibaba.com, for $1 billion, had apparently taken this approach in an effort not to make waves in what it viewed as the prevailing political landscape.

    In taking this approach, though, American companies contradict the doctrine that opening up markets will encourage political liberalization.

    Journalist Ethan Gutmann has addressed this issue for years. Network provider Cisco, which has operated in China since the mid-1990s, is one of the usual suspects in Gutmann’s articles. “We firmly believe,” says company spokesman Ron Piovesan, “that the internet has made countries all over the world more open.”

    But Chinese citizens haven’t exactly been able to count on Cisco’s help in this respect. Indeed, the company has done exactly the opposite, says Gutmann, reconfiguring its top-selling firewalls and routers to meet the Chinese government’s censorship needs. In a study on the internet filtering system in China, the “OpenNet Initiative,” a research pool of three North American universities, writes that Cisco products are especially well-suited to helping out the government’s monitoring system.

    The devices cost about $20,000, and Gutmann says that Cisco already sold “several thousand” in 2002. Cisco spokesman Piovesan claims that the company merely sells network equipment “and is not involved in government censorship efforts.” It’s an excuse that sounds a bit like that of the weapons dealer who steadfastly denies having anything to do with war.

    In 2000, concerned politicians started to raise red flags about the role of technology transfer in censorship. To address these problems, they established the US-China Economic and Security Review. At one of the Commission’s meetings, someone asked why trading in censorship-ready products isn’t illegal. The response? “That’s a good question.” The issue was quickly forgotten, and nothing has changed since then.

    Translated from the German by Christopher Sultan

    © DER SPIEGEL 38/2005
    All Rights Reserved

  •  







    Has the Sky Stopped Falling at Disney?




    Illustration by Ed Schnurr

    Mickey may get help from “Chicken Little” and other computer-animated films in restoring the studio’s luster for Robert Iger, Disney’s president


    September 18, 2005

    Has the Sky Stopped Falling at Disney?




    Burbank, Calif.


    ON April 4, 2003, Glen Keane, one of the Walt Disney Company’s most respected animators, summoned about 50 of his colleagues to a third-floor conference room on the lot here to discuss the war brewing at the studio. Disney’s animators had settled into two opposing camps: those who were skilled in computer animation and those who refused to give up their pencils.


    Mr. Keane, a 31-year veteran who created the beast from “Beauty and the Beast” and Ariel from “The Little Mermaid,” was a Disney traditionalist. But after a series of experiments to see if he could create a computer-animated ballerina, his opposition softened. So he invited the 50 animators to discuss the pros and cons of both art forms, calling his seminar “The Best of Both Worlds.”


    For an hour, Mr. Keane painstakingly ticked through the pluses and minuses of each technique while the other animators listened quietly. After a few tentative questions, the crowd burst into chatter, as animators shouted over one another, some arguing that computers should not replace people while others expressed fears that they would be forced to draw by hand.


    In a recent interview, Mr. Keane recalled that Kevin Geiger, a computer animation supervisor, then stood up and demanded of him, “If you can do all this cool stuff that you’re talking about – that you want to see in animation – but you have to give up the pencil to do it, are you in?” Mr. Keane hesitated before answering: “I’m in.”


    Three weeks later, the company’s animators were told that Disney would concentrate on making computer-animated movies, abandoning a 70-year-old hand-drawn tradition in favor of a style popularized by more successful, newer rivals like Pixar Animation Studios and DreamWorks Animation. The results were nothing short of a cultural revolution at the studio, which is famous for the hand-drawn classics championed by its founder Walt Disney – from “Snow White and the Seven Dwarfs” to “Peter Pan.”


    This Nov. 4, some two and a half years after that decision, Disney will release “Chicken Little,” the first of four computer-animated films being developed at the newly reorganized studio. The company is hoping that this movie, along with others like “Meet the Robinsons,” “American Dog” and Mr. Keane’s “Rapunzel Unbraided,” will return a reinvigorated Disney to its past glory.


    There is a lot more than pride, however, riding on their success. Animation was once Disney’s heart, a profitable lifeline that fed the company’s theme park, book and home video divisions. And reviving profits is as essential to Disney these days as regaining its storied reputation. Just last week, the company said it expected its studio to lose as much as $300 million in the fourth quarter because of poor performance in its live-action division. Over all, the Disney Company had net income of $2.27 billion in the first three quarters of fiscal 2005 on the strength of its ABC network and its ESPN sports cable channel.


    “From a psychological standpoint, ‘Chicken Little’ is very important for Disney,” said Hal Vogel, a financial analyst who has covered Disney for years. “Everything is touched by animation and if they don’t refresh it, it becomes frayed at the edges.”


    The box office numbers show how far the sky has fallen. The studio reached the height of its most recent popularity with the 1994 release of “The Lion King,” which brought in $764.8 million at the worldwide box office. By contrast, the last nine animated movies Disney either made or acquired took in only $758.3 million combined. “The Incredibles,” the 2004 film created by Pixar, brought in $630 million – nearly as much as Disney’s last eight animated movies.


    So it should come as no surprise that when Mr. Keane stood up and made his passionate plea in 2003, Disney was in the midst of an identity crisis. It had to reinvent itself – or wither. “When everybody feels pretty good about themselves, and you have Champagne coming out of the water fountain, it’s almost like we’ve got to burn the place down,” said Mark Dindal, the director of “Chicken Little,” in an interview in August that also included the directors of Disney’s three other current animated-film projects.


    But the competition in animated films is now tougher than ever. It is also fraught with enough sibling rivalry to make the wicked stepsisters in “Cinderella” blush. To begin with, there’s Jeffrey Katzenberg, who left Disney in 1994 – after a spat with the chief executive, Michael D. Eisner – to become a co-founder of DreamWorks SKG. The studio’s offshoot, DreamWorks Animation, is now one of Disney’s fiercest rivals.


    Then there is Steven P. Jobs, the founder of Apple Computer and the Pixar chief executive who took a swipe at Disney last year, calling its animated sequels “embarrassing.” Mr. Jobs also sparred with Mr. Eisner, despite the fact that the two companies have been partners since 1991. (That deal was brokered by Mr. Katzenberg.) Mr. Jobs agreed only recently to resume talks with Disney about a new distribution agreement that would start in 2007.


    Against such a backdrop, “Chicken Little” is almost certain to be one of the most scrutinized movies of its kind – not only by moviegoers, but also by investors, competitors and fellow animators alike.


    THIS is not the first time that Disney has faltered. After Walt Disney died of lung cancer in 1966, the studio was in a state of paralysis, as animators second-guessed themselves about what kind of movies Mr. Disney would have made if he were alive. The studio released a string of mediocre films in the 1970′s and early 80′s. And frustrated young animators, like the director Tim Burton and John Lasseter, who created “Toy Story” at Pixar, where he is now creative director, left Disney.


    So, by 1984, when Mr. Katzenberg joined Disney to oversee its film business and animation, the studio was in shambles. He is credited with a turnaround, releasing animated blockbusters like “The Little Mermaid,” “Beauty and the Beast,” “Aladdin” and, most famously, “The Lion King.”


    But in 1994, at the height of Disney’s resurgence, Mr. Katzenberg left because Mr. Eisner would not appoint him Disney’s president. That year he helped to create DreamWorks SKG, where he set up an animation studio of his own.


    The move put Disney on the defensive. According to Disney executives, Mr. Katzenberg recruited heavily from the company, driving up salaries. And the studio lost some of its creative spark after his departure. Disney, too, was facing increasing competition: Pixar released its first computer-animated movie in 1995, the hit “Toy Story.”


    By 1998, Disney’s animation division had ballooned to 2,200 employees, far more than the company could afford, given that it was churning out fewer blockbusters. In 2001, Disney began laying off animators and closing studios. Ultimately, two out of every three employees in the division would lose their jobs as Disney closed offices in Paris, Orlando, Fla., and Tokyo.


    David Stainton seemed an unlikely candidate to become president of Walt Disney Feature Animation in 2003. In the early 1990′s, he worked in creative development and later ran the Paris studio. Mr. Stainton, who has an M.B.A. from Harvard, was best known for running Disney’s television animation division and overseeing the company’s direct-to-video and sequels business, both of which were profitable but lacked the sex appeal of original theatrical films.


    Mr. Stainton, who became Disney’s third animation chief in as many years, was not prepared for the trouble he encountered his first week. He said he had been warned then that the movie “My Peoples,” a tale of star-crossed lovers that combined live action and animation, needed an overhaul. By contrast, he was told that the computer-animated “Chicken Little” was a winner.


    “I was sitting there at the screening room watching it and I thought: ‘Oh my God! What am I going to do?’ ” Mr. Stainton, who is 43, recalled in an interview in his office last month. “This is the movie that’s working? I honestly almost started to cry.”


    Mr. Stainton shut down “My Peoples.” As for “Chicken Little,” Mr. Stainton said he told Mr. Dindal, the director who began the project in 2001, that the story line wouldn’t work: it was about a young girl who went to summer camp to build confidence so she wouldn’t overreact.


    “Just ripped the Band-Aid off,” said Mr. Dindal, describing the conversation with his new boss. “He’s kind of like that.”


    Mr. Dindal took a three-month break and revised the script, turning “Chicken Little” into a tale of a boy trying to save his town from space aliens.


    At the same time, Mr. Stainton was contemplating what to do about the standoff between Disney’s two camps of animators: the techies and the traditionalists. When he was hired, Mr. Stainton said, both Mr. Eisner and Richard Cook, the chairman of Walt Disney Studios, said they wanted Disney movies to be wittier, contemporary computer-animated comedies with a dramatic twist (in other words, said one Disney executive, more like DreamWorks’ “Shrek”).


    But Mr. Stainton said he knew that he needed an influential animator on his side if he were to succeed. “I sort of had an inkling that it would take artists to convince other artists that this was something viable,” he said. So, in February 2003, a month after he was hired, he responded enthusiastically when Mr. Keane met with him and Mr. Eisner and presented six hand-sketched scenes for “Rapunzel Unbraided,” a heartwarming romance based on the fairy tale. Mr. Stainton and Mr. Eisner told Mr. Keane that they would greenlight the film, but that there was one caveat: it had to be computer-animated. Mr. Keane balked.


    Mr. Stainton said he replied, “Glen, I’m not asking you to go make a movie with humans that look like ‘Final Fantasy,’ ” referring to the stiff figures in the 2001 computer-animated dud. “I’m asking that you – and I know it doesn’t exist out there – I’m asking you to go create it. You have to create something new.”


    “I loved ‘Shrek,’ ” Mr. Keane responded. But the characters, particularly Princess Fiona, looked plastic to him. “Every frame of that film was a bad drawing to me, personally,” he said.


    ONCE word of the meeting got out, the traditional artists rallied around Mr. Keane. “I couldn’t walk down the hallway without running into 10 different people and them saying, ‘We’re praying for you,’ ” Mr. Keane said.


    But whether “Rapunzel Unbraided” was made or not, it offered a politically expedient way for Mr. Stainton to force a dialogue. So, on April 4, Mr. Keane held his “Best of Both Worlds” seminar. And at the end of that month Mr. Stainton lobbed another grenade. He told more than 525 employees gathered at a town hall meeting that the studio would stop making hand-drawn movies for the foreseeable future. Those interested in computer-generated animation could sign up for a six-month “C.G. boot camp.”


    “What I was saying to them was, ‘You’ve got to embrace it or there isn’t going to be a place for you,’ ” Mr. Stainton said.


    Some animators resisted. “There was a period of time here when they were buying computers and we never really saw anything,” said Chris Sanders, the director of “American Dog” who created “Lilo and Stitch.” “You’re like, ‘Well, do we have computers?’ ‘Yes, we do.’ ‘Really? Where are they?’ ‘They’re around.’ ‘Where, exactly?’ ‘Downstairs.’ ‘So, computer animation, we can we do that?’ ‘Uh-huh.’ ‘Like theirs?’ ‘Uh-huh.’ ” Mr. Sanders laughed. “It went around like that.”


    The announcement did little to soothe the warring camps. Some traditionalists refused to sit with the computer set at lunch, Disney executives said. They voiced their complaints to Roy E. Disney, then the studio’s animation chairman and Disney board member, who was locked in his own battle with Mr. Eisner, having vowed to oust him as chief executive.


    “There was so much tension and frustration and you couldn’t talk about it civilly, it seemed, without people becoming angry,” Mr. Keane said. That fall, Disney’s animators met again to hash out their differences, this time on neutral territory, at the Huntington Library in San Marino, Calif.


    Mr. Stainton still had movies to make. And he gave the green light to “American Dog” and another film, “Meet the Robinsons,” a story of an adopted boy who invented a time machine; it is to be directed by Steve Anderson. Of course, there was still “Chicken Little.”


    Mr. Dindal said he threw out 25 scenes. Along with the movie’s three credited writers, he talked to six others who helped with character development. The director held nine screenings with children and parents. And he said he received what seemed liked “thousands and thousands” of notes from Mr. Stainton to make the story funnier.


    Mr. Dindal recalled a screening where he delivered a presentation outlining the movie’s main points for about 125 animators. “I said to everyone, you can send any notes you want, but notes that speak to this, what the movie’s really about, those are the ones which are going to be helpful,” he said.


    But as much turmoil as there was within the studio, there was plenty outside, too. In November 2003, Mr. Disney quit the Disney board after learning that he would be asked to step down at the next board election. While Mr. Disney did not spend much time on the lot, he was the public face of Disney animation and blamed Mr. Eisner for the studio’s shortcomings.


    Mr. Stainton said that Mr. Eisner had supported his changes. “The whole business between Roy and Michael was very distracting,” Mr. Stainton added, “and the ability to sort of put our heads down and just do the work and not involve ourselves was helpful.”


    Disney animation suffered another blow on Jan. 29, 2004, when Mr. Jobs announced that Pixar would end talks with Disney to continue its 14-year partnership and would seek a competitor to distribute its films after the release of Pixar’s next movie, “Cars.” Six days later, Mr. Jobs criticized Disney’s animators, telling Wall Street analysts that Disney’s “Treasure Planet” and “Brother Bear” were bombs and calling the studio’s sequels “embarrassing.”


    “It was the best thing that could have happened to us,” said Mr. Cook, the chairman of Walt Disney Studios. Weeks later, Mr. Cook met with the animators and told them that it was time to get on with making great movies. “We needed to get ourselves back on track,” he said. “They knew it. Enough of the Disney bashing; enough already. The way to stop all that is to win. And that’s what we set our sights on.”


    If there is any question about whether there is life for Disney after Pixar, consider the following: Last June, Disney caused a ruckus at the industry’s largest computer-animation conference in Los Angeles when it set up a large poster in front of its booth – and facing Pixar’s – to advertise the preproduction of “Toy Story 3.” Mr. Jobs had sought to make the movie, but Mr. Eisner said no when Mr. Jobs wanted it to count toward the five that Pixar owed Disney as part of its partnership agreement.


    For many of those in attendance, it was an in-your-face gesture that showed Disney was prepared to go it alone. (“It was not intentional that it faced the Pixar booth, I promise,” said Mr. Stainton, a boyish grin sliding across his face.) But it was also part of a larger public relations campaign to show that Disney was viable again. Disney was interviewing new recruits, showing off new technology and even having a party, attended by 200 people, on the roof of the Standard, a hotel in Hollywood.


    “We need to show people that we’re back, that we are right up there doing cutting-edge stuff and stuff that is interesting and looks beautiful to anyone,” Mr. Stainton said. “Last year, we had people who came up and said, ‘You know, I didn’t realize that you guys were doing anything.’ Swear to God. People really thought we were out of business.”


    Both Mr. Jobs and now Robert A. Iger, Disney’s president who will become chief executive on Oct. 1, are cautiously optimistic that a Pixar-Disney deal can be struck that will solidify what has been a long and profitable relationship. But that won’t solve all of Disney’s problems.


    In 1995, only six animated movies were released – half of them from Disney, according to the company. By contrast, nearly 20 animated films are expected to be released in the next two years – three from Disney. That has led some Wall Street analysts to suggest that as animated movies become more mainstream, they will no longer command the huge profits that studios have enjoyed from them.


    Already this year, both DreamWorks and Pixar experienced higher-than-expected returns of DVD’s sold to retailers, suggesting that consumer demand was softening. Piracy is a concern, and movie studios haven’t yet devised a way to combat it. And studios may be headed for a showdown with theater owners if they push to distribute their movies simultaneously on DVD and in theaters.


    But Disney’s biggest challenge may be to overcome the notion that, when it comes to animation, many moviegoers may no longer have much confidence in Disney. Indeed, the company’s animators today have more in common with their predecessors than their competitors at Pixar and DreamWorks. When animators created “Snow White and the Seven Dwarfs,” the studio’s first theatrical offering in 1937, it was referred to as “Disney’s Folly” before its release.


    “How hungry were they?” Mr. Dindal said, referring to “Snow White’s” animators. “It’s fun to be at a place where everybody’s hungry for something, as opposed to being well fed.”





  • Storm Lashes Coast, Breaching New Orleans Levees




    Jim Wilson/The New York Times

    At a hospital in Beaumont, Tex., medical personnel set up a barricade to slow the flow of water into the emergency room entrance.

    September 24, 2005
    Storm Lashes Coast, Breaching New Orleans Levees
    By JERE LONGMAN and SIMON ROMERO

    NEW ORLEANS, Sept. 23 – Hurricane Rita began lashing coastal cities up and down Louisiana and Texas on Friday, with wind-whipped water on the storm’s periphery once again flooding a pair of low-lying areas of this stricken city and a mass evacuation in Texas leaving at least 24 elderly passengers dead in a bus fire.

    The hurricane weakened to a Category 3, with winds at 120 miles an hour, down from a potentially catastrophic Category 5 storm on Wednesday. But it was still bringing destruction.

    A storm surge of seven feet pushed water from Lake Pontchartrain through the Industrial Canal and cascaded over a repaired levee into the Lower Ninth Ward, one of New Orleans’s most impoverished neighborhoods, which had been devastated nearly a month earlier by Hurricane Katrina and submerged under as much as 20 feet of water.

    The damage in New Orleans heightened fears over Hurricane Rita, which forced a chaotic exodus of more than two million residents from the Gulf Coast this week. Cities in southeast Texas braced for the storm to hit by early Saturday.

    Meteorologists said the hurricane’s projected path had veered slightly to the east, potentially striking land east of Houston and Galveston and closer to Port Arthur and Beaumont, two cities with large oil and chemical complexes. The possibility of damage to pipelines and refineries in Texas added to concern over the tumultuous depletion of gasoline supplies in parts of the state.

    “Say a prayer for Texas,” said Gov. Rick Perry, who described the storm as a “great test.”

    The mass evacuations in Texas caused other problems. A bus carrying 38 nursing home residents and six employees from the Houston area caught fire and exploded Friday morning on a highway just south of Dallas. The fire killed at least 24 passengers in the bus, said Don Peritz, a spokesman for the Dallas County Sheriff’s Department.

    The storm also prompted preparations far from the region. Georgia announced that it would close all public schools on Monday and Tuesday to conserve fuel and help avoid the lines for gasoline that grew after Hurricane Katrina.

    Energy markets, frantic with the possibility that Hurricane Rita might wreak havoc on refineries and petrochemical plants, were relieved somewhat at the close of trading Friday when it appeared the storm might veer from the largest complexes along the Gulf Coast. Oil prices fell $2.31 to $64.19 a barrel.

    In Washington, where the Bush administration had been criticized for its slow response to Hurricane Katrina, the president visited the Federal Emergency Management Agency on Friday. But he canceled a planned trip to Texas, his home state, to avoid interfering with emergency preparations and planned to monitor the storm late Friday from the United States Northern Command in Colorado Springs.

    “We’re now facing another big storm,” Mr. Bush said while at FEMA. “Our job is to prepare for and assist state and local people to save lives and help these people get back on their feet.”

    Federal officials declared a public health emergency for Texas and Louisiana.

    By evening it was the cities along the border of Texas and Louisiana that seemed to be in the storm’s direct path. “The core of Hurricane Rita will make landfall along the southwest Louisiana and upper Texas coasts near daybreak,” the National Hurricane Center said.

    Communities evacuated, and residents huddled in shelters. Port Arthur, normally a town of 60,000 protected by a seawall built to sustain a 16-foot storm surge, was vacant but for a few who refused to leave.

    Lake Charles, La., a city of about 72,000 just east of the Texas line, was also effectively empty, from the casino boats floating at the docks downtown to the rooms at Lake Charles Memorial Hospital, which evacuated 132 patients on Friday, most on planes flown from the former Chennault Air Force Base.

    And in San Augustine Park, 90 miles north of Beaumont, hundreds of people from southeast Texas set up camp in recreational vehicles and tents in the densely forested park run by the Army Corps of Engineers despite warnings of tornadoes, falling trees and rising lake waters. “There aren’t any hotels and we couldn’t get gas to go any farther north,” said one, Dennis Cargill of Orangefield.

    In New Orleans, water also topped a levee on the other side of the Industrial Canal, sending it flowing into the Upper Ninth Ward, an industrial and residential area where homes were already marked with the stains of Hurricane Katrina. But officials said no additional loss of life or property was expected in these areas, previously pumped dry, that had been abandoned since the earlier storm.

    “This is very dramatic, but I don’t consider it an emergency situation,” said Stephen Browning, a programs director for the Corps of Engineers, as he inspected the breeches from atop a nearby bridge. Still, the repeat flooding was disheartening for evacuated residents and for some local and state officials, dramatically pointing to the need to shore up the city’s levee system in the rebuilding process.

    “We have to think about building a safe New Orleans,” Gov. Kathleen Babineaux Blanco said at a news conference in Baton Rouge, La. “Our plans include building stronger and higher levees to protect all of the city’s neighborhoods.” By noon Friday, water had nearly reached the window level of some homes in the Lower Ninth Ward as far as three blocks from the topped levee between Claiborne and Florida Avenues.

    Early gusts from Hurricane Rita brought winds of 25 miles an hour to 35 miles an hour to New Orleans through Friday afternoon. Rain fell intermittently. Sometimes it drizzled, other times it blew sideways in stinging blasts.

    The Army Corps of Engineers said that levee repairs at the 17th Street Canal and the London Avenue Canal were holding and were expected to provide protection against storm surges as high as 10 to 12 feet. Metal pilings, rocks and sandbags were used to temporarily seal breaches made by Hurricane Katrina.

    However, some seepage was expected, the corps said, and in the Gentilly and Mirabeau Gardens sections along the London Avenue Canal, water could be seen rising to the tops of tires of cars on some streets. Officials in St. Bernard Parish said it might take two weeks to pump out all the new water.

    In Texas, fuel shortages and the closing of airports in Houston added to problems for residents trying to flee from the storm. The Texas National Guard sent 5,000 trucks with gasoline to supply stranded vehicles along the highways leading out of Houston, Beaumont, Port Arthur and Galveston.

    Coast Guard helicopters also transported fuel to 11 locations of the Texas Department of Transportation to assist in refueling the gasoline trucks. In Houston, commercial flights from the city’s two main airports ceased operations at noon on Friday, with stranded passengers told to seek refuge in shelters around the city.

    As the skies darkened over Houston Friday afternoon, the city grew eerily still, with the normally congested streets and highways empty of traffic.

    Although the hurricane looked like it would spare the city a direct hit, Mayor Bill White said at a news briefing, “Winds of 50, 60 miles per hour may be better news than 120 miles per hour, but a lot of glass can be broken.”

    He warned residents against going close to windows to observe the hurricane because the windows could blow out. “There’ll be plenty of time to watch on TV rather than get close to the window,” Mr. White said.

    In the face of recriminations over the massive traffic tie-ups that clogged escape routes for hundreds of miles into Friday, the mayor said he took pride in the effort that had spirited about 2.5 million people out of harm’s way.

    “I hate traffic more than anybody I’ve ever met,” Mr. White said, but he defended the turmoil as worthwhile in the end. The ghostly streets were a welcome sight on Friday, he said, “that is exactly what we wanted to see at this time.”

    By early evening police officers were making their last rounds and looking for any signs of looting. Capt. Dwayne Readdy of the Houston Police Department said, “Right now people are being told to shelter in place.” He added, “At this point, everybody is beginning to hunker down, even those with less than honorable intentions.”

    Throughout the day coastal Texas also frantically tried to ready itself for the storm. In Galveston, with the city emptied of most residents, officials moved emergency response operations to a conference center built atop a bunker that was once part of an old coastal defense installation, Fort Crockett. The conference center, part of the San Luis Resort complex, was thought to be the best location in Galveston to ride out the storm, said Steve LeBlanc, the city manager.

    About 150 police officers, 60 firefighters, 25 public works officials and 25 city administration officials began filing into the conference center early Friday evening as winds began to lash the city.

    With dozens of residents still in Galveston despite a mandatory evacuation, Mayor Lyda Ann Thomas said the city had set up a refuge for about 100 residents at the Alamo Elementary School. “There are no doctors, no nurses, no triage,” Ms. Thomas said. “It’s just a refuge and I would like to make that clear.”

    Less than a dozen people had shown up at the refuge by late Friday afternoon. Sitting on a cot as he cried, Miguel Rincon said he had terminal cancer and less than two years to live. He came to the school with his sister, Angelina Rincon, 63, and a brother, Raul Rincon, 73, who recently suffered from heat stroke.

    “I’d rather be walking on the beach, anything instead of just possibly dying in the storm,” said Miguel Rincon, 60, a retired road maintenance worker. “I don’t want to die.”

    Mr. Rincon said his roommate brought him and his siblings to the school after they heard about the refuge center on television. Elsewhere in Louisiana, Governor Blanco said in Baton Rouge that at least 90 percent of residents had complied with areas under a mandatory evacuation order, and 98 percent in Cameron Parish, in the southwestern corner of the state.

    “Rita remains a very dangerous storm; her winds are strong; the storm surge will be high,” Mrs. Blanco said. “We’ve already seen what the edges of this storm are doing to New Orleans. Rita is driving waters over or through one of the levees damaged by Katrina.”

    Jere Longman reported fromNew Orleans for this article, and Simon Romero fromGalveston, Tex. Reporting was alsocontributed byMichael Brick in New Orleans; Thayer Evans in Galveston; Shaila Dewan in Port Arthur, Tex.; Ralph Blumenthal and Maureen Balleza in Houston; William Yardley in Hackberry, La.; Sewell Chan in Baton Rouge, La.; and Eric Schmitt in Washington.


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  • The Disaster Behind the Disaster: Poverty




    Chris Hondros/Getty Images

    Destruction in the Ninth Ward of New Orleans. Hurricane Katrina is focusing attention on the geography of poverty.

    September 18, 2005
    The Disaster Behind the Disaster: Poverty
    By DANIEL ALTMAN

    IN the aftermath of Hurricane Katrina, people watching images of poverty along the Gulf Coast may have wondered, “How many poor places like this are there in this country?” The easy answer is, quite a few.

    But why poverty persists in certain areas is a complex problem, and what can be done to help isn’t always clear.

    The Census Bureau defines poverty using a formula based on a family’s age profile and its ability to buy a standard basket of necessities. Prices differ across regions, meaning that a family just above the poverty line and living in, say, San Diego may have a harder time making ends meet than one that is just below that line and living in Pascagoula, Miss. Also, not everyone who is poor at one point in a year is poor for the whole year.

    Accepting the Census Bureau’s measure, there were about 37 million poor people in the United States last year – about one of every eight Americans. The share is only slightly higher in rural areas than in urban areas, according to the Agriculture Department, and these figures have been converging over time.

    Poverty tends to be concentrated in certain places, some of which, like Appalachia, are very large; others are no bigger than a few city blocks. To fight poverty, one has to understand its source. Were these places always poor? Did they become collecting bowls for poor people? Or do they make people poor?

    “The answer is all of the above,” said Rebecca M. Blank, dean of the Ford School of Public Policy at the University of Michigan. Some regions, like Appalachia, have been poor for so long because of well-known historical and geographical factors, she said. Some cities, too, have been victims of long-term trends, like the decline in manufacturing in the Midwest.

    In rural areas, the most persistent poverty – above 20 percent of the population for the last four censuses, dating back to 1970 – has been concentrated in a few swaths of the country. The largest section stretches in two directions – from northwestern Louisiana, up the Mississippi and east to North Carolina. The other concentrations are in central Alaska, around the Four Corners area of the Southwest, in southern Texas along the Mexican border, and in the heart of the Appalachians in eastern Kentucky.

    Appalachia’s problems are well documented. The region isn’t flat enough to make farming very profitable, especially when competing with the Plains states, and it’s too far from big cities to easily attract businesses.

    In the face of such persistent poverty, people often move to seek their fortunes elsewhere – most often in cities. Cities that have jobs to offer can become magnets for the poor, who move in from around the country or around the world, Professor Blank said.

    But when cities lose jobs, large portions of their populations can quickly slip into indigence. Detroit, El Paso, Miami and Newark were the biggest centers for urban poverty in 2004. More than 28 percent of their populations lived in poverty – more than twice the national rate. Orleans Parish of Louisiana came in at 23 percent that year.

    While upswings in the economic cycle may reduce poverty as a whole, pockets in some urban neighborhoods have been intractable. “We’ve got answers in the margins, but I can’t say anyone has absolutely solved that problem,” Professor Blank said. Persuading businesses to operate in poor areas isn’t easy, especially when the local populations lack education and skills. And it’s hard for people to gain education and skills when there are no jobs. It’s a Catch-22.

    The situation is similar in rural areas. The people most likely to leave are those for whom the payoff is biggest. When the most highly skilled workers migrate to the cities, rural poverty deepens.

    The question is: Should the government try to improve conditions in persistently poor areas, or should it simply wait for – or even encourage – the population to move away?

    “The notion that you’re going to move out huge numbers of people easily is just absurd,” said David T. Ellwood, dean of the Kennedy School of Government at Harvard. “Instead, what you can do is do your best to try and improve the opportunities for people to move up and move out.”

    Improving education is one way to provide those opportunities, Professor Ellwood said. Beyond that, different strategies can come into play for urban and rural areas. In cities, the way forward may be to match neighborhoods with businesses for which an urban location is a plus, he said, and then to add industry-specific training programs to give local workers the necessary skills.

    In rural areas, the savior could be the changing labor market. With growth in the core labor force flattening out in the next couple of decades, and communications technology radically improving, pools of unused workers in remote places could become hot properties, Professor Ellwood predicted.

    “The question is, can you find a set of activities where having a ready source of labor, where labor costs aren’t very high and there’s a real opportunity to do some industry-specific training that can make the area work?” he asked. With time, he said, “there’s a very reasonable chance that some of these areas will begin to look like some of the formerly poor areas in the South that are now booming.”

    That may not offer consolation to people who are poor or hungry now. But there are too many potential solutions to give up on poor areas.

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  •  







    Kill the Light, Save a Bird




    Photographs by James Estrin/The New York Times

    At left, the Chrysler Building about 11 p.m. on Wednesday, and then an hour later, its lights turned down to aid birds.

    September 23, 2005
    Kill the Light, Save a Bird
    By JENNIFER 8. LEE

    Tourists have always flocked to see the bright lights of New York City, but starting this week, the city is dimming parts of its renowned skyline to ward off one group of visitors: migratory birds. The Chrysler Building, Rockefeller Center, the Citigroup Center, the Morgan Stanley Building and the World Financial Center are among the high-profile high-rises that have agreed to requests from the city and the Audubon Society to dim or turn off nonessential lighting at midnight.

    Thus the city’s skyscrapers will defer to nature at least twice a year: by dimming their lights in September and October, during the peak of the fall migratory season, and again in April and May, during the peak of the spring migratory season.

    While the Empire State Building’s lighting policy to protect migratory birds is decades old, and other buildings have used netting on glass windows so birds do not mistake reflections for sky, this policy will be the first citywide effort to protect migratory birds from crashing into buildings. The voluntary policy is aimed at buildings taller than 40 stories, as well as lower glass buildings that hug the Hudson and East Rivers, which birds use as navigational aides. About five million birds pass through New York City during migration season, according to E. J. McAdams, the executive director of the New York City Audubon Society.

    The combination of glass, tall buildings and bright light is extremely dangerous for birds, according to Daniel Klem, an ornithologist at Muhlenberg College in Allentown, Pa. He says that a conservative estimate is that more than 100 million birds die each year from crashing into glass on structures of all types, even houses.

    “Here is the bottom line: Birds just don’t see glass,” said Professor Klem. “The animals are not able to recognize glass as a barrier and avoid it.”

    And lights, particularly those from skyscrapers, distract migratory birds from the visual cues they receive from the stars and the moon, said Douglas Stotz, a conservation ecologist at the Field Museum in Chicago.

    The bright lights of tall city buildings pull the birds off their migratory path and into urban canyons, especially when skies are foggy or overcast. Then the birds either crash into the building’s glass at night because they are attracted to the light, or they circle the buildings until they become exhausted. In the morning, when they try to escape the city, they crash into the glass because they are confused by the reflection of sky.

    Unless people look carefully, the dead birds can be hard to spot because many of them are small songbirds.

    “They would be swept up by custodial staff,” said Adrian Benepe, the New York City parks commissioner. “I’ve often seen them on the streets, and wondered, ‘Why is this little songbird dead on the street?’ ”

    Since 1997, Audubon Society volunteers have collected more than 4,000 dead birds of 100 different species at just a handful of buildings in Midtown and Lower Manhattan.

    Toronto began a program to dim its lights in 1993, and Chicago started a voluntary program in 1999 that now includes 100 buildings. In Chicago, the Field Museum found an 80 percent reduction in bird deaths when lights were turned off during a five-year study on a single Chicago Building, McCormick Place. “When the lights are on, you get these big bird kills, and when they aren’t, you don’t,” said Judy Pollock, director of bird conservation for the Audubon Society in Chicago.

    Even with a dimmed skyline, the problem of birds crashing into glass remains. Environmental groups are working with the construction industry to come up with glass that can be seen by birds, potentially by giving the glass a UV coating.

    Three real estate groups have agreed to promote the program to dim lights among their members: the Real Estate Board of New York, the Building Owners’ and Managers’ Association, and the Associated Builders and Owners of Greater New York. “We are going to make it a little safer for the birds to visit here,” said Steve Spinola, president of the Real Estate Board, which represents many real estate developers. “The response that we have gotten is overwhelmingly, ‘Sure.’ ”

    Certainly lower electric bills help sell the concept. Call it saving two birds with one stone: preventing fatal bird crashes while conserving energy. Energy savings could be in the hundreds of thousands of dollars. Most buildings plan to turn off just their exterior lights, but some will also turn off interior lights and ask their tenants to draw the shades. The only buildings expected to opt out are ones that are contractually obligated to keep advertisements lighted, Mr. Spinola said.

    Of the city’s landmark buildings, the Empire State Building has long been aware of migratory bird problems. For at least 25 years, the building has turned off its decorative lights when large numbers of birds are observed flying around the top of the building during migration season. The circling birds are particularly common during foggy or overcast nights, said Lydia Ruth, a spokeswoman for the building.

    Employees from the observatory will call down to the building engineers to tell them to shut off the lights. “We don’t want to take any chances, and we don’t want to cause any bird death,” Ms. Ruth said. “But we have people call the next day, ‘Why did you turn the lights out early?’ You can’t keep everybody happy.”

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  • A New Deadly, Contagious Dog Flu Virus Is Detected in 7 States



    September 22, 2005
    A New Deadly, Contagious Dog Flu Virus Is Detected in 7 States


    A new, highly contagious and sometimes deadly canine flu is spreading in kennels and at dog tracks around the country, veterinarians said yesterday.


    The virus, which scientists say mutated from an influenza strain that affects horses, has killed racing greyhounds in seven states and has been found in shelters and pet shops in many places, including the New York suburbs, though the extent of its spread is unknown.


    Dr. Cynda Crawford, an immunologist at the University of Florida’s College of Veterinary Medicine who is studying the virus, said that it spread most easily where dogs were housed together but that it could also be passed on the street, in dog runs or even by a human transferring it from one dog to another. Kennel workers have carried the virus home with them, she said.


    How many dogs die from the virus is unclear, but scientists said the fatality rate is more than 1 percent and could be as high as 10 percent among puppies and older dogs.


    Dr. Crawford first began investigating greyhound deaths in January 2004 at a racetrack in Jacksonville, Fla., where 8 of the 24 greyhounds who contracted the virus died.


    “This is a newly emerging pathogen,” she said, “and we have very little information to make predictions about it. But I think the fatality rate is between 1 and 10 percent.”


    She added that because dogs had no natural immunity to the virus, virtually every animal exposed would be infected. About 80 percent of dogs that are infected with the virus will develop symptoms, Dr. Crawford said. She added that the symptoms were often mistaken for “kennel cough,” a common canine illness that is caused by the bordetella bronchiseptica bacteria.


    Both diseases can cause coughing and gagging for up to three weeks, but dogs with canine flu may spike fevers as high as 106 degrees and have runny noses. A few will develop pneumonia, and some of those cases will be fatal. Antibiotics and fluid cut the pneumonia fatality rate, Dr. Crawford said.


    The virus is an H3N8 flu closely related to an equine flu strain. It is not related to typical human flus or to the H5N1 avian flu that has killed about 100 people in Asia.


    Experts said there were no known cases of the canine flu infecting humans. “The risk of that is low, but we are keeping an eye on it,” said Dr. Ruben Donis, chief of molecular genetics for the influenza branch of the Centers for Disease Control and Prevention, which is tracking the illness.


    But with the approach of the human flu season and fears about bird flu in Asia, there is much confusion among some dog owners who have heard about the disease.


    Dr. Crawford said she was fielding calls from kennels and veterinarians across the country worried that they were having outbreaks.


    “The hysteria out there is unbelievable, and the misinformation is incredible,” said Dr. Ann E. Hohenhaus, chief of medicine at the Animal Medical Center in New York.


    Dr. Hohenhaus said she had heard of an alert from a Virginia dog club reporting rumors that 10,000 show dogs had died.


    “We don’t believe that’s true,” she said, adding that no dogs in her Manhattan hospital even had coughs.


    Dr. Donis of the disease control centers said that there was currently no vaccine for the canine flu. But he said one would be relatively easy to develop. The canine flu is less lethal than parvovirus, which typically kills puppies but can be prevented by routine vaccination.


    Laboratory tests, Dr. Donis said, have shown that the new flu is susceptible to the two most common antiviral drugs, amantidine and Tamiflu, but those drugs are not licensed for use in dogs.


    The flu has killed greyhounds at tracks in Florida, Massachusetts, Arizona, West Virginia, Wisconsin, Texas and Iowa. Tracks and kennels have been forced to shut down for weeks for disinfection.


    In Chestnut Ridge, north of New York City, about 88 dogs became sick by early September, and 15 percent of those required hospitalization, said Debra Bennetts, a spokeswoman for Best Friends Pet Care, a chain of boarding kennels. The kennel was vacated for decontamination by Sept. 17.


    About 17 of the infected dogs were treated at the Oradell Animal Hospital in Paramus, N.J., where one died and two more were still hospitalized, a staff veterinarian said.


    The Best Friends chain owns 41 other kennels in 18 states, and no others have had an outbreak, Dr. Larry J. Nieman, the company’s veterinarian, said.


    In late July, at Gracelane Kennels in Ossining, N.Y., about 35 dogs showed symptoms, said the owner, Bob Gatti, and he closed the kennel for three weeks to disinfect.


    About 25 of the dogs were treated by an Ossining veterinarian, Glenn M. Zeitz, who said two of them had died.


    “The dogs came in very sick, with high fevers and very high white blood cell counts,” Dr. Zeitz said, making him suspicious that they had something worse than kennel cough.


    A spokesman for the New York City Health Department said that there were “a few confirmed cases” in New York but that the city was not yet tracking the disease.


    Veterinarians voluntarily sent samples to the Animal Health Diagnostic Center at the Cornell School of Veterinary Medicine, which was the only laboratory doing blood tests.




  •  







    Deep Flaws, and Little Justice, in China’s Court System




    Du Bin for The New York Times

    Qin Yanhong confessed to a murder under coerced police interrogation in 1998 and was sentenced to death. He was freed in 2002.

    September 21, 2005
    Deep Flaws, and Little Justice, in China’s Court System
    By JOSEPH KAHN

    ANYANG, China – For three days and three nights, the police wrenched Qin Yanhong’s arms high above his back, jammed his knees into a sharp metal frame, and kicked his gut whenever he fell asleep. The pain was so intense that he watched sweat pour off his face and form puddles on the floor.

    On the fourth day, he broke down. “What color were her pants?” they demanded. “Black,” he gasped, and felt a whack on the back of his head. “Red,” he cried, and got another punch. “Blue,” he ventured. The beating stopped.

    This is how Mr. Qin, a 35-year-old steel mill worker in Henan Province in central China, recalled groping in the darkness of a interrogation room to deduce the “correct” details of a rape and murder, end his torture and give the police the confession they required to close a nettlesome case.

    On the strength of his coerced confession alone, prosecutors indicted Mr. Qin. A panel of judges then convicted him and sentenced him to death. He is alive today only because of a rare twist of fate that proved his innocence and forced the authorities to let him go, though not before a final push to have him executed anyway.

    Justice in China is swift but not sure. Criminal investigations nearly always end in guilty pleas. Prosecutors almost never lose cases brought to trial. But recent disclosures of wrongful convictions like Mr. Qin’s have exposed deep flaws in a judicial system that often answers more to political leaders than the law.

    “Our public security system is the product of a dictatorship,” Mr. Qin wrote his family when he was on death row. “Police use dictatorial measures on anyone who resists them. Ordinary people have no way to defend themselves.”

    The viability of China’s Communist Party depends more than ever on its ability to create a credible legal system. The party needs the law to check corruption, which has eroded its legitimacy. The authorities want people to turn to the courts, rather than take to the streets, to resolve social discontents that have made the country more volatile than at any time since the 1989 democracy movement.

    The law, in other words, has become a front line in China’s struggle to modernize under one-party rule. Yet Mr. Qin’s persecution and similar miscarriages of justice that have come to light this year suggest that China is struggling with a fundamental question of jurisprudence: Do officials serve the law, or do laws serve the officials? Or, to put it another way, is the Communist Party creating rule of law or rule by law?

    Twenty-seven years after Deng Xiaoping declared at the outset of China’s economic reforms, that “the country must rely on law,” the Communist Party realizes that it cannot effectively govern a thriving market-oriented economy unless people trust in law. Hundreds of thousands of new lawyers, stronger courts and a blizzard of Western-inspired codes protect property, enforce contracts and limit police powers.

    Disgruntled peasants, displaced urban homeowners and newly wealthy entrepreneurs demand that the authorities respect constitutional rights long treated as notional. Even inside the system, some policemen, prosecutors and judges have tried making the law into a more independent force.

    But the transition has been arduous, and the outcome remains uncertain. Beijing draws the line at legal challenges to senior officials or important government agencies. The courts rarely if ever rule in favor of political protesters. Even in business cases, political influence often proves decisive.

    Criminal law poses one of the biggest challenges – and most pointed sources of discontent. The police and courts still rely mainly on pretrial confessions and perfunctory court proceedings to resolve criminal cases instead of the Western tradition of analyzing forensic evidence and determining guilt through contentious court trials.

    China’s criminal laws forbid torture and require judges to weigh evidence beyond a suspect’s confession. But lawyers and legal scholars say forced confessions remain endemic in a judicial system that faces pressure to maintain “social stability” at all costs.

    The police and government officials in Anyang, the northern Henan county seat where Mr. Qin was interrogated, and authorities in Zhengzhou, the provincial capital, declined repeated written requests to discuss his case.

    But Mr. Qin, his family members and several people involved in his defense said the case showed how political motives and collusion among police, prosecutors and the courts could make the law a source of terror for people who lack the power or money to defend themselves.

    A Suspect Investigation

    Just after noon on Aug. 3, 1998, Jia Hairong, a 30-year-old peasant woman, was found murdered on her family’s farm in the village of Donggaoping, an hour’s drive from Anyang, according to court documents. Her pants had been cut off with a razor blade. She was raped and strangled, her body stashed behind tall cornstalks.

    The police found a plastic alarm clock and the razor blade at the scene. They determined that both items were stolen from a nearby home just before the assault.

    Court documents do not make clear whether physical evidence – fingerprints, blood, semen, traces of clothing – could have identified the killer. If there were such forensic leads, they were not followed.

    Instead, the police relied on the accounts of three children who were playing outdoors in Qinxiaotun, a village about a mile east of Donggaoping, the records show. The children recalled seeing Mr. Qin, who lives in Qinxiaotun, walking from the direction of Donggaoping that afternoon.

    Around midnight on Aug. 4, four officers arrived at the steel plant where Mr. Qin worked nights and took him away for questioning.

    Mr. Qin is a tall, shy, doe-eyed man who rarely travels farther than a bicycle ride from his dirt-floored village home. When he speaks – friends say he generally speaks only when spoken to – he has a heavy local accent that even Anyang residents have trouble understanding.

    The police would not tell him why he was being detained. But through the early morning hours, he was told to detail how he spent Aug. 1 to 3, and especially the afternoon of Aug. 3. He said he had stayed at home that day before going to work at night.

    After the police said a witness told them that he walked through the village that afternoon he amended his story, recalling that he visited the family farm, a short distance from home, to fertilize the fields.

    “The farmland is close, so it is not like leaving home,” Mr. Qin said later. “But they thought they had caught me lying.”

    He was handcuffed and shackled. He still had no idea what he was suspected of doing. But he overheard some officers and drivers discussing a local murder. He wondered if his detention had some connection.

    “I kept asking them what this was all about,” Mr. Qin said. “No one would tell me.”

    A senior detective named Shen Jun took charge of his interrogation, court documents show. Mr. Qin described Mr. Shen’s approach as polite, even conciliatory at first. The detective said he was investigating the theft of an alarm clock. He said Mr. Qin’s fingerprints matched those found on the clock.

    “He said it was a cheap little alarm clock and that there was no reason to lie,” Mr. Qin said. “I should just confess. “Then everyone could go home.”

    Mr. Qin said he hoped his detention really was prompted by a petty theft. But instinct told him not to admit stealing something he did not steal. So the pressure intensified.

    Mr. Shen organized four teams of two policemen each. The teams interrogated Mr. Qin in consecutive six-hour shifts, day and night, for three days.

    The questioning quickly turned to torture. Mr. Qin said he was made to sit for many hours on the open metal frame of a chair without a back. His feet and arms were strapped to the chair legs and his body slumped through the frame, forcing the backs of his knees and his lower back against the sharp edges. The technique is known as “tiger stool.”

    Alternately, Mr. Qin’s hands were handcuffed behind his back and cinched up until they were above his head and his arms felt as though they would separate from his shoulders. This was referred to as “taking a jet plane.”

    He described the pain as piercing. But he said he suffered even greater agony from lack of sleep. The police poured frigid water on his head and pounded him awake when he nodded off. They referred to this as “circling the pig.” By his third day in detention, he said, he felt delirious.

    “It would take a superman to resist,” he recalled.

    Finally, pressed to specify the color of the stolen alarm clock, he made a guess: “White.” An officer whacked his head and asked again, “What color was the clock?” “Red,” he offered, but he got another blow. Then he said, “Green.” The beating stopped.

    Soon thereafter, Mr. Shen told Mr. Qin his theft of the alarm clock proved he had killed Ms. Jia. The police now had all the evidence they needed, he said, but Mr. Qin must cooperate fully to avoid the harshest punishment. That meant he must volunteer every detail of the crime, three times over, and confess a complete narrative.

    Still dazed, Mr. Qin hazarded guesses to every question – was she wearing shorts or long pants? did he strangle her with his hands or with a rope? – until he was allowed to sleep.

    In the eight months between his arrest and his trial, Mr. Qin wrote a series of anguished letters home, urging his family to disregard the charges.

    “Every word of the confession is a joke,” he wrote in one letter to his older brother in early 1999. “To this day, I have no idea what the victim looks like, and I certainly didn’t know the color of her pants.”

    Unwavering Conviction

    In prison, Mr. Qin tutored himself in criminal law. His letters cited passages that he felt would aid his defense. Article 38 of the Chinese Constitution forbids extracting confessions by torture and “frame-ups.” Article 46 of the 1996 revised Criminal Procedure Law declares that “oral confessions” are not sufficient grounds for conviction. Article 12 mandates that suspects must be presumed innocent until proven guilty.

    His anger convinced his older brother, Qin Yanqing, who became his tireless champion. The elder Mr. Qin petitioned legal officials in Anyang and Zhengzhou to review the case. He exhausted the family savings on travel and lawyer fees.

    He even sought out Mr. Shen. But the detective expressed unwavering conviction.

    “I stake my 20 years of leadership experience as a guarantee,” the elder Mr. Qin quoted Mr. Shen as telling him. “If your brother did not commit this crime, then I will accept punishment.”

    When the trial opened in April 1999, 50 relatives and villagers went to Anyang to testify on Mr. Qin’s behalf. But the three-judge panel ordered the trial closed and excluded them from the courtroom, villagers said.

    The prosecution brought no witnesses, and Mr. Qin said the judges prevented him from calling any. Mr. Qin vigorously recanted his confession. His lawyer argued that the prosecution’s case, which depended wholly on the confession, was invalid. The trial was over before lunch.

    Six months later, a judge visited Mr. Qin in prison and delivered the verdict: Mr. Qin was guilty of rape and murder, and would be executed. Mr. Qin had a right to appeal.

    On death row, his cell contained 15 people and one toilet. He said that in his two years there, a dozen cellmates were escorted away in the early morning hours and executed with a bullet to the back of the head.

    He was spared that fate not by his appeals, or by new DNA evidence, but by a stroke of luck that might count as a miracle.

    One day in January 2001, a retired soldier named Yuan Qiufu walked into a police station in Linzhou, a town not far from Anyang, and told the officer on duty that he had raped, robbed and strangled 18 women. He provided voluminous details of his killing rampage that included an unerring account of the rape and murder of Ms. Jia and the theft of a green alarm clock.

    Reversal of Fortune

    Even in the world’s most populous country, such definitive exonerations are not common. But this year alone about a dozen similar reversals of fortune have come to light, suggesting that legal officials and the state media are paying more attention to problems in the judicial system – and that such problems run deep.

    For example, last May, She Xianglin, a 39-year-old former security guard in Hubei Province, was released from jail after serving 11 years when his wife, whom he was convicted of murdering, returned for a visit. In 1994, she had run away and remarried in another province. The police decided that a body they found must be the wife’s and that Mr. She must have killed her.

    In June, a 30-year-old laborer in Shanxi Province was released from custody after a boy he confessed to killing and dumping into the Yellow River last year came back home. The boy had migrated to a city to find work.

    In July, three police officers in Yunnan Province were convicted of torturing a man into saying he killed a prostitute. The man had been scheduled to go to trial for murder in 2002 when someone else admitted committing the crime.

    Official statistics show such abuses are numerous. The Supreme People’s Procuratorate, China’s Justice Department, said in July that 4,645 criminal suspects had suffered human rights violations, including torture during inquisitions, in the previous 12 months.

    Top officials are pushing to improve criminal procedures. Some legal scholars say one measure under consideration could give suspects the right to have a lawyer present during interrogations.

    But such changes, if they come, will take time. China’s Communist Party-run legislature has been urged to consider many new protections, like a right to remain silent. But such proposals have gone nowhere because the police steadfastly oppose them.

    The last time the government overhauled criminal law procedures, in 1996, it toughened an existing ban on forced confessions, while declaring that suspects were entitled to a presumption of innocence. The current publicity campaign effectively acknowledges that the 1996 rules did not have the desired effect.

    One obstacle is China’s long history, in which criminal law was viewed as an extension of the power of the emperor rather than an objective code that applies to everyone. Confession amounted to a submission to authority, while a plea of innocence was viewed as a form of rebellion.

    The legal code of the Tang Dynasty, for example, specified that guilt could only be finally assigned through confession, and that cases could not be officially recorded without a confession.

    Li Bin, a defense lawyer and former government prosecutor in Yunnan, who was involved in the trial of the three policemen on charges of forcing a confession, said the problem was systemic.

    In China’s top-down political system, the police, prosecutors and judges respond mostly to incentives from above, Mr. Li said. They pay a much higher price for failing to maintain the appearance of social order than for torturing suspects, he said.

    “The judicial system is set up to protect the authority of the government,” he said. “It is not set up to protect the rights of suspects.”

    ‘No Hard Feelings’

    The disclosure that Mr. Yuan, the serial killer, had murdered Ms. Jia set off alarm bells among Anyang officials. But the concern was the possibility that the wrongful arrest, prosecution and conviction of Mr. Qin could damage careers, Mr. Qin’s family members and an investigator in the case who is based in Beijing said.

    The officials’ response was to suppress the new information – and keep Mr. Qin on death row.

    The investigator talked to the local officials involved, but asked to remain anonymous because of restrictions on speaking with reporters. He said that the authorities in Linzhou, who were handing the case of Mr. Yuan, and those in Anyang, responsible for Mr. Qin’s incarceration, agreed between themselves to keep the crucial part of Mr. Yuan’s confession secret. Mr. Yuan would be prosecuted for 17 murders instead of 18, leaving Mr. Qin’s conviction intact.

    “Their attitude was that if my brother was released, 20 officials would suffer,” said Qin Yanqing, Mr. Qin’s elder brother. “But if he was executed, only one person would suffer.”

    The agreement held for more than a year. It came to light only after an official in Linzhou joked about the matter to a reporter for a national legal affairs publication. Although the reporter did not publish an article on the subject, he did alert authorities in the capital, who ordered an inquiry.

    In May 2002, a provincial-level legal investigation determined that Mr. Qin should be released. He was given a suite at a hotel. The Anyang County police organized a banquet.

    “When I got back to my room, I cried and cried,” he said. “I could not control myself.”

    A few days after his release, Mr. Qin went to the county police station and demanded to see Mr. Shen. The detective rushed out of a meeting to greet him, shaking his hand and apologizing profusely, Mr. Qin recalled.

    “He said my case had been a severe lesson for them all,” he said.

    But whether they treated it that way is unclear. It took Mr. Qin and his brother several months to negotiate compensation. Local authorities eventually agreed to the equivalent of $35,000 in damages for four years of incarceration on false charges.

    But the payment came with strict conditions. Mr. Qin had to agree not to talk about the matter with the news media or to petition higher authorities for more money.

    He initially accepted those terms. But he broke the pledge this year, he said, because the authorities had refused to fully exonerate him. Although he has a notice from the police confirming that he was arrested in error, the notice attributes the arrest to a “work mistake.” Mr. Qin has never been declared innocent of murder.

    “They hope they can just make this disappear with no hard feelings and no problems for anyone involved,” he said.

    The last time Mr. Qin visited the police to press for a full restitution, he discovered that Mr. Shen had been promoted. He is no longer a detective team leader, but Anyang County’s deputy chief of police.

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