text:
Document - Kenya: Memorandum to the Kenyan Government on the Suppression of Terrorism Bill 2003
3. Arrest, Access and Incommunicado Detention 5
4. Review of detention and bail 8
5. Immunity from criminal or civil proceedings and the right to redress 9
6. "Terrorist" Organizations and Membership Thereof – Freedom of Association 10
7. Freedom of Information and Expression 11
8. Incitement of offences outside Kenya 13
Memorandum to the Kenyan Government on the Suppression of Terrorism Bill 2003
The Kenyan Government is presently gathering suggestions and comments on the Suppression of Terrorism Bill 2003 following widely expressed concerns and strongcriticism that it contained measures that would impact negatively on human rights. The Bill, which was initially published last year, has now been shelved, pending presentation of a revised version to Parliament.
Amnesty International expressed concerns regarding the Suppression of Terrorism Bill 20031. The organisation welcomes the opportunity to add its voice to civil society in Kenya to further highlight some of the provisions in the Bill which need to be reviewed as they contravene human rights treaties to which Kenya is a party, as well as Kenyan law, and may consequently result in violations of human rights. Amnesty International welcomes the opportunity given to civil society to express their views on the Bill and is aware that public debate is on-going2.
As an international human rights organization, Amnesty International's concerns in this memorandum focus primarily on the proposed legislation's incompatibility with international human rights standards, particularly the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples' Rights (ACHPR), Kenya being a party to both treaties3, and also to a range of human rights non-treaty standards which together constitute an international framework for the protection of human rights.
Many of the rights in the ICCPR and the ACHPR are reflected in the Constitution of Kenya. The Constitution guarantees the respect of the fundamental rights of every citizen in accordance with the law. Amnesty International is of the view that the proposed legislation, in its present form, would suspend certain safeguards that protect the rights of those prosecuted or detained under it, and therefore violate fundamental rights protected under the Kenyan Constitution, as well as international human rights standards. The proposed legislation should also take into consideration the on-going debates around enhancing the Bill of Rights in the constitutional review process.
Amnesty International takes this opportunity to welcome the decision by the Government of Kenya not to impose the death penalty for offences listed in the Bill. By so doing the government demonstrates its commitment to abolish the death penalty and to respect the fundamental right to life of Kenyan citizens. Amnesty International urges the Government to translate this commitment into reality by taking positive steps to effectively abolish the death penalty in law.
Amnesty International acknowledges that governments have a right and duty to protect the rights and safety of people within their territory. The organisation shares concerns about abuses of human rights by non-state actors and has repeatedly called on armed groups to abide by the principle of protection of civilians. However, any legislation or actions taken towards these ends must be in full conformity with international human rights standards.
Amnesty International is concerned that the Suppression of Terrorism Bill could encourage the creation of a two-tier justice system, providing the legal framework of arbitrary arrests, illegal detention, searches and a flawed judicial process. The creation of a distinct system of arrests, detention and prosecution relating to "terrorism" may violate the right of all people to be equal before the courts.4 Amnesty International takes no position on the matter of rendering into positive law Kenya's obligations under international conventions relating to "terrorism".
Amnesty International is particularly concerned about the following:
the vague and broad definition of "terrorism" and "terrorist" act or action;
extensive powers given to the police and customs officers to stop search and seize, detain and arrest;
incommunicado detention and the denial of the right to legal representation during interrogation;
making detention the rule and bail the exception, thus impacting on the right to personal liberty;
immunity of state officials from prosecution or civil suits under the Bill;
curtailing of the freedoms of association and expression;
the crime of incitement to commit a "terrorist" act wholly or partly outside Kenya;
lack of safeguards and due process in decisions to extradite.
1. Definition
The proposed Bill would allow the authorities to use extraordinary measures against individuals perceived or suspected of having committed crimes, being involved in extreme acts of violence against people and directed to particular ends. In this regard it would be crucial that what constitutes "terrorism" be unambiguous and the elements of the offence involved in a "terrorist" act or action be precisely and clearly formulated.5
The current definitions of both terms are too widely drawn and could encompass legitimate activities, as for instance, peaceful protests marches or rallies in the context of the reforms presently being discussed in Kenya (constitutional or judicial reforms or the fight against corruption). "Act" and "action" include omission, according to the Bill.
The definition of the crime of "terrorism" and "terrorist" acts and actions in vague and imprecise terms violate the principle of legality for crimes, nulllum crimen sine lege. This universally recognised principle, particularly in human rights treaties6, prescribes that the legal definitions of criminal offences must be strictly construed and exempt from all ambiguity.
If the definition remains vaguely or too widely worded,the provisions of the law will inevitably be open to abuse or used for repressive purposes. The need to provide for greater clarity in the definition is also underscored by the stringent sanctions, such as life or lengthy terms of imprisonments and heavy fines for contraventions, as well as the extra-territorial jurisdiction in the proposed Bill. The lack of a clear definition gives further cause for concern because the decision to institute prosecution for such offences could be seen as politically motivated.
2. Stop, Search and Seizure
In circumstances where investigations are being carried out in "cases of urgency", a "police officer of or above the rank of inspector", if he has reason to suspect, "with the assistance of such other members of the police force" can enter and search any premises or place, search any person or vehicle found on any premises or place, stop, board and search any vessel, aircraft or vehicle, seize remove and detain anything which appears to be or contain evidence of the commission of a "terrorist action", without a warrant obtained from a judge of the High Court.7
Amnesty International is concerned about possible abuses in the exercise of such extensive powers while investigators may term every situation as an "emergency", thus doing away with judicial oversight. There is also a risk that searches could be carried out in an arbitrary or discriminatory manner.
Further stop and search powers are conferred to a member of the police force, customs officer or "other officer".8 The uncertainty of who the "other officer" could be in reality creates the possibility of abuse. The term should either be clarified or deleted, as penalties are severe. For example, anybody who fails to stop a vehicle shall be liable on conviction to imprisonment for a term not exceeding two year or to a fine, or both.9
Clause 21 provides for the seizure and detention of "terrorist" cash and here again, wide latitude is given to "an authorized officer", who may seize the cash before and only afterwards, "as soon as is reasonably practicable", make an ex parte application to the High Court for a detention order. This provision, as well as all others relating to "terrorist" property, needs to be viewed in light of Article 14 of the ACHPR, which stipulates that the right to property shall be guaranteed and provides for specific limitations of such a right.
3. Arrest, Access and Incommunicado Detention
The Bill provides that a police officer of or above the rank of inspector, may … direct that the person arrested be detained in police custody for a period not exceeding thirty-six hours from his arrest, without having access to any person other than a police officer of or above the rank of inspector or a government medical officer …10
Basing itself on its reports of abuses committed by law enforcement officials in Kenya, Amnesty International is seriously concerned that the introduction of the 36-hour incommunicado detention carries grave risk of repetition of patterns of human rights violations. One of the first actions taken by the present government when it came into power in December 2002 was to open up the Nyayo House "torture chambers" as a gesture of recognition of the human rights violations, including torture and unlawful detention, meted outto numerous Kenyan citizens in the past.
Torture still occurs in Kenya, despite its prohibition by the Constitution of Kenya and despite the enactment of the Criminal Law Amendment Act in July last year, amending the Penal Code, the Criminal Procedure Code and the Evidence Act to prohibit the use of confession statements or admissions of guilt as evidence in criminal proceedings, if made under duress.
Provisions in the proposed Suppression of Terrorism Bill are drastic and would amount to legitimising incommunicado detention, which can increase the risk of torture, ill-treatment and "disappearances". International standards provide that restrictions and delays in granting detainees access to the outside world are permitted only in very exceptional circumstances and even then, only for very short periods of time. In the view of the United Nations Commission on Human Rights, "prolonged incommunicado detention may facilitate the perpetration of torture and in itself constitute a form of cruel, inhuman or degrading treatment."11It is incompatible and inconsistent with the right to personal liberty.
The United Nations Special Rapporteur on torture has called for a total ban on incommunicado detention, stating that:
"Torture is most frequently practised during incommunicado detention. Incommunicado detention should be made illegal and persons held incommunicado should be released without delay. Legal provisions should ensure that detainees be given access to legal counsel within 24 hours of detention."12
The United Nations Human Rights Committee, the treaty body monitoring compliance with the ICCPR, has found that the practice of incommunicado detention may violate Article 7 of the ICCPR (prohibiting torture and ill-treatment) or Article 10 of the ICCPR (safeguards for people deprived of their liberty).13In its examination of certain laws
allowing up to 15 days' incommunicado detention at the discretion of the police to interrogate detainees suspected of "terrorism"-related offences, the same body stated that "incommunicado detention is conducive to torture and … consequently this practice should be avoided", and "urgent measures should be taken to strictly limit incommunicado detention."14
The Suppression of Terrorism Bill only allows access by a police officer of or above the rank of inspector or a government medical officer during the period of incommunicado detention, in an attempt to mitigate the effect of such a mode of detention. However, this provision falls short of internationally recognised human rights standards and principles.
The Bill does not make provision for access to counsel during the 36-hour incommunicado detention period and such a measure is arrived at "if the police officer has reasonable grounds to believe that exercise of the right to consult a legal adviser … will lead to interference with or harm to evidence connected with an offence under Parts II, III and IV15, or to interference with, or physical injury to, other persons; … will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or will hinder the tracking of, search for or seizure of terrorist property."16
While the Bill gives reasons as to the "why" of this provision, as above-stated, it gives no indication as to what will happen to the detainee and provides no safeguards from any potential abuse during this period of incommunicado detention. This draconian provision is in breach of fair trial guarantees enshrined in the ICCPR and the ACHPR,17as well as provisions relating to liberty and security of the person.
It has been widely recognised that prompt and regular access to a lawyer for a detainee is an important safeguard against torture, ill-treatment, coerced confessions and other abuses.18 International standards accordingly favour giving detainees access to counsel without delay after arrest. The UN Human Rights Committee has stressed that "all persons arrested must have immediate access to counsel".19Principle 7 of the United Nations Basic Principles on the Role of Lawyers states that access to a lawyer must be granted "promptly". The UN Special Rapporteur on torture has recommended that anyone who has been arrested "should be given access to legal counsel no later than 24 hours after the arrest".20
International standards are clear on the right of any arrested or detained person, whether or not charged with a criminal offence, to confidential written and oral communications with a lawyer, although the latter may take place within the sight of law enforcement officials for reasons of security.21 The provisions in the Bill are in breach of an important prerequisite in international standards as a safeguard, namely the detainee's chosen legal counsel to be present when the detainee is interrogated. As noted by the UN Special Rapporteur on the independence of judges and lawyers:
"It is desirable to have the presence of an attorney during police interrogations as an important safeguard to protect the rights of the accused. The absence of legal counsel gives rise to the potential of abuse…"22
During its recent visit to Kenya to investigate the human rights impact on the "war on terror" Amnesty International interviewed a suspect who indicated that he was kept incommunicado for 48 days. Amnesty International strongly urges the Kenyan Government not to adopt such a measure. The potential of abuse is real. Besides, incommunicado detention is not compatible with Kenya's obligations under international treaties to which it is a party.
As indicated above, the provision also appears to be incompatible and inconsistent with the right to personal liberty. The essential corollary to the right to liberty is protection against arbitrary or unlawful detention. Both Article 9 of the ICCPR and Article 6 of the ACHPR guarantee to everyone the right to liberty and security of person. According to Article 9 of the ICCPR, "No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law." The Human Rights Committee has stated that "[p]re-trial detention should be an exception and as short as possible"23.
4. Review of detention and bail
Within the "powers of investigation in cases of urgency", the police officer can arrest and detain any person whom he "reasonably suspects of having committed or of being about to commit an offence".24
It is not clear from the Bill, what happens in such circumstances. Would the extraordinary provisions of incommunicado detention then apply? If this were to be the case, serious violations of the right to liberty and security of the person could ensue.
International human rights standards and mechanisms require supervision of detention by an independent, preferably judicial body. The African Commission on Human and People's Rights, charged with monitoring implementation and compliance with the ACHPR, held that the failure to allow a prominent political figure detained for several years without charge or trial to challenge the violation of his right to liberty before a court violated Article 7(1) (a) of the African Charter.25
Article 9(4) of the ICCPR provides that anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
Principle 4 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment requires that detention must be "ordered by, or be subject to the effective control of, a judicial or other authority." "Other authority" is defined as a body "whose status and tenure shall afford the strongest possible guarantees of competence, impartiality and independence."
Amnesty International is concerned at the absence of an effective procedure for review of the lawfulness of detention. There is a need to ensure sufficient independent supervision of detention as envisaged by international standards.
The Bill is also totally silent on the issue of bail for offences under it. Amnesty International is aware that under Kenyan law, certain offences are subject to bail while others are not. There is no indication regarding offences such as incitement to commit offences outside Kenya or wearing of uniforms.26 The ICCPR provides that "it shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceeding."27
5. Immunity from criminal or civil proceedings and the right to redress
Clause 40(3) of the Bill provides for immunity from criminal or civil proceedings to "a member of the police force, customs officer or other officer … [who] by the use of force, caused injury or death to any person or damage to or loss of any property".
Amnesty International has repeatedly voiced its concerns about impunity for human rights violations in Kenya. This provision in the proposed legislation may in effect provide blanket impunity for killing, torturing or maiming or destruction of property, not only by police officers and customs officers but also by undefined "other officers" who may be involved in the arrest and detention process. The possibility of mistake and arbitrary acts remains real.
Article 1 of the ACHPR provides that states parties"shall recognize the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them." According to Article 2, "every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status."
The proposed clause is in contradiction with those obligations that Kenya undertook to express into law on its adherence to the ACHPR. In fact, the clause, if enacted, will breach clear principles laid down in the Charter by enacting a law that will, in effect, remove the right to redress under the Bill.
Furthermore, this provision is a clear violation of Article 2(3) of the ICCPR, which provides that each State Party undertakes
(a) to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity."
Amnesty International calls for removal from the Bill of all provisions, which would perpetuate a culture of impunity in Kenya and would curtail the right of redress for the injury, loss of life, damage to property, as well as compensation for victims of unlawful arrest or detention28.
6. "Terrorist" Organizations and Membership Thereof – Freedom of Association
An organization is "declared a terrorist organization" if the Minister responsible for matters of security "believes that it is concerned in terrorism".29 The criteria for reaching a decision regarding an organization's involvement in "terrorism" include whether the organization promotes or encourages "terrorism"; or "is otherwise concerned in terrorism". Again, these criteria are vague and imprecise that the serious possibility of arbitrary and political decisions and conclusions cannot be discarded.
The executive arm of government is being given wide powers of decision on a fundamental right issue without any checks and balances, contrary to the concept of the rule of law. No right of review of the Minister's decision is provided for in the Bill. Aggrieved members of any organization proscribed by the Minister should be able to challenge the decision in a court of law.
Clause 10 of the Bill makes it an offence to become a member of a "declared terrorist organisation". This offence, as drafted, contains the possibility that a member of a particular organization could be prosecuted even if he or she, when joining the organization, was unaware that it was regarded as a "terrorist" organization. This provision is tenuous, even if the Bill provides as a defence that "the organisation was not a declared a "terrorist" organisation on the last (or only) occasion on which he became a member or began to profess to be a member".30
Another far-reaching provision criminalizes the setting up of a meeting or managing a meeting addressed by a person who belongs or professes to belong to a declared "terrorist" organization, and this regardless of whether it is a meeting of three or more persons and whether or not the public are admitted.31
The proposed legislation provides for a term of imprisonment not exceeding ten years or to a fine, or both upon conviction for these offences. All these provisions infringe Article 22 of the ICCPR and Article 10 of the ACHPR, dealing with freedom of association and need reviewing.
7. Freedom of Information and Expression
Clause 29 of the Bill deals with the disclosure of information in connection with "terrorist" investigations and one of the circumstances refers to a situation where a person discloses to another "anything which is likely to prejudice the investigation", criminalizing such disclosure and providing, on conviction, for a term of imprisonment not exceeding ten years or to a fine, or both.
Amnesty International is concerned that police may use such provisions to force lawyers and journalists to hand over to the police information in their possession, which the police may claim to be useful to their investigation. Such provisions may be used to intimidate journalists from pursuing certain lines of inquiry, or others investigating and reporting on activities of individuals under suspicion of the state. This provision, which is in contradiction with Article 19 of the ICCPR32 and Article 9 of the ACHPR33, can prove to be a serious set-back to freedom of expression in Kenya.
The African Commission adopted a Declaration of Principles on Freedom of Expression in Africa.34The Declaration expands the obligations of states parties to the ACHPR regarding the right to freedom of expression. It asserts that the right to freedom of expression "is a fundamental and inalienable human right and an indispensable component of democracy,"35and provides further that "no one shall be subject to arbitrary interference with his or her freedom of expression."36
Another provision, which has been severely criticised, relates to what the heading of Clause 12 of the Bill terms as "Uniforms". A person who in a public place wears an item of clothing or wears or carries or displays an article in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a declared terrorist organisation is guilty of an offence. On conviction he/she is liable to a term of imprisonment not exceeding six months or to a fine or both. This offence isconsidered of such importance that a member of the police force may arrest a person without a warrant on grounds of reasonable suspicion.
A dress code represents, for many, a way of expressing themselves or a way of showing that they belong to a certain faith or cultural group, many of whom would also carry and display symbolic articles. Several representatives of civil society expressed concerns that specific groups, because of their dress code, could be targeted and their rights breached arbitrarily should such a provision be enacted. They felt that even without the enactment, some were already subjected to "profiling" in the fight against "terrorism".
8. Incitement of offences outside Kenya
The crime of "incitement of offences outside Kenya" is provided for in Clause 8 of the Suppression of Terrorism Bill. The risk of politically motivated prosecutions under this clause is apparent in this offence as decisions may be affected by government foreign policy.
Amnesty International is concerned about the vagueness of the offence of "incitement" to commit an act of "terrorism". Starting from the argument that "terrorism" itself is vaguely defined, how would a court of law adjudicate a case of incitement to commit an act of "terrorism"? The offence may be committed by words only and the proscribed act can take place wholly or partly outside Kenya. In addition, whether the person incited is present or not in Kenya at the time of the incitement, is immaterial. Thus, the extra-territorial jurisdiction given to Kenyan courts in the prosecution of an imprecise offence leaves open the possibility of abuse of process.
Clause 3(1)(c) of the Bill, linked with this specific provision on incitement, opens up the danger that prosecuting such "inciters" may be prompted by overseas governments targeting opponents who may have found refuge in Kenya. There is also concern that the right to fair trial may be infringed if individuals were to be charged on the basis of intelligence information provided by other governments or by informants, should the defence be denied access to such information through classification or the use of public interest immunity certificates.
9. Extradition
The heading of the Bill indicates that apart from providing measures for the detection and prevention of "terrorist activities", the legislation seeks to amend the Extradition (Commonwealth Countries) Act and the Extradition (Contiguous and Foreign Countries) Act. Clause 37 of the Bill provides for the use of counter-"terrorism" conventions as a basis for extradition.
Amnesty International acknowledges that extradition is a key element of the international law enforcement co-operation that provides a safeguard against impunity. The organization is concerned that, in its efforts to facilitate and expedite extradition procedures, Kenya is proposing through the enactment of Clause 37 of the Suppression of Terrorism Bill, to weaken or is failing to put in place human rights guarantees for suspects or accused persons.
Amnesty International considers that an individual should not be surrendered to a country where he or she would be at risk of being brought to justice in a trial that does not respect internationally recognised rights of fair trial for whatever reason, such as the imposition of the death penalty, and not simply because of the prejudice towards the individual, such as religion or country of origin.
Amnesty International recognizes that states have a right to take measures to protect their own security: nonetheless, the protection against forcible return or surrender to a country where one might face torture is absolute and binding under international human rights law.
Kenya is a party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Under Article 3, no person may be returned to another state where ''there are substantial grounds for believing he would be in danger of being subjected to torture''.
The Kenyan government is also bound by the internationally recognized principle of non-refoulement, which prohibits states from returning people against their will to countries where they risk serious human rights violations.
10. Conclusion
Amnesty International is concerned that numerous provisions in the proposed Suppression of Terrorism Bill are in direct contravention of Kenya's obligations under international human rights treaties and other norms. Several provisions are open to abuse by law enforcement officials and the Bill in its current form fails to provide for adequate safeguards against such abuse. A number of the provisions in the Bill contravene internationally recognized human rights standards – including the rights to liberty, fair trial, freedom of association and freedom of expression – and may lead to the violation of individual human rights recognized under international human rights treaties, including the ICCPR and the ACHPR.
Although states may suspend certain rights during emergency situations, the Human Rights Committee has stated that measures derogating from the provisions of the ICCPR must be of an exceptional and temporary nature.37 Even during an armed conflict, "measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation."38In addition, such measures must be limited to the extent strictly required by the exigencies of the situation.39 Moreover, any derogation must not involve discrimination "solely on the ground of race, colour, sex, language, religion or social origin"; and should not be "inconsistent with the State party's other obligations under international law, particularly the rules of international humanitarian law".40 Kenya has not declared an emergency situation nor is it facing armed conflict. It should therefore adhere strictly to principles under international law.
According to the African Commission, Article 1 of the ACHPR confirms that governments have bound themselves legally to respect the rights and freedoms enshrined in the Charter and to adopt legislation to give effect to them. While the Commission has acknowledged that states may face difficult situations, it has also reaffirmed that the Charter does not contain a general provision permitting states to derogate from their responsibilities in times of emergency41. The Commission further stated that the restriction of human rights is not a solution to national difficulties and that the legitimate exercise of human rights does not pose dangers to a democratic state governed by the rule of law.
11. Recommendations
Amnesty International urges Kenya to ensure that any new draft legislation to address "terrorism" or "acts of terrorism" is consistent with Kenya's international human rights obligations.
Amnesty International makes the following recommendations to the Government of Kenya:
Kenya should comply with all international human rights treaties to which it is a party, including specifically, the International Covenant on Civil and Political Rights, the Convention Against Torture, and the African Charter on Human and Peoples' Rights.i
Kenya should ratify all international human rights treaties, which it has not yet done, including the First and Second Optional Protocols to the ICCPR, and the Optional Protocol to the Convention Against Torture.
Kenya should review all its laws and legislation to bring them in line with international human rights standards. In particular the whole Suppression of Terrorism Bill needs to be viewed in the context of Kenya's international human rights obligations and several provisions need to be redrafted or discarded altogether in accordance with human rights principles.
All comments from legal experts and bodies, civil society (including national and international human rights NGOs, faith-based organizations) should be fed into the debate surrounding the framing of any future anti-"terrorism" legislation.
The Suppression of Terrorism Bill should provide for judicial review to prevent the misuse of special powers conferred by the Bill to law enforcement officials, including police and customs officers, as well as to the executive arm of government.
Kenya should not adopt any provisions that would allow for incommunicado detention of suspects as this could lead to widespread use of torture and ill-treatment, and breaches of impartial and fair trial standards.
Afford all facilities and opportunities to a suspect to defend himself effectively, including the right to be assisted by counsel immediately, right from the beginning of proceedings, including during the interrogation phase.
1 Amnesty International, Annual Report 2004, Kenya Entry.
2 Amnesty International met with several human rights NGOs, activists, faith-based organisations during a visit from 12 to 27 May, 2004 in Nairobi, Mombasa and Lamu.
3 Kenya became a party to the ICCPR on 23 March 1976 and to the ACHPR on 23 January 1992.
4 Article 14 of the International Covenant on Civil and Political Rights (ICCPR).
5 Clause 3(1) In this Act, "terrorism" means the use or threat of action where-
the action used or threatened –
involves serious violence against a person;
involves serious damage to property;
endangers the life of any person other than the person committing the action;
creates a serious risk to the health or safety of the public or a section of the public; or
is designed seriously to interfere with or seriously to disrupt an electronic system;
the use or threat is designed to influence the government or to intimidate the public or a section
of the public; and
the use or threat is made for the purpose of advancing a political, religious or ideological cause;
Provided that the use or threat of action which involves the use of-
firearms or explosives;
chemical, biological, radiological or nuclear weapons; or
weapons of mass destruction in any form,
shall be deemed to constitute terrorism whether or not paragraph (b) is satisfied.
(2) In this section –
"action" includes action outside Kenya;
a reference to any person or to property is a reference to any person, or to property, wherever situated;
a reference to the public includes a reference to the public of a country other than Kenya; and
"the government" means the government of Kenya or of a country other than Kenya.
6 Article 15 of the ICCPR and Article 17 of the ACHPR.
7 Clause 26 of the Suppression of Terrorism Bill.
8 Clause 41 of the Bill.
9 Clause 41(3) of the Bill.
10 Clause 30 of the Bill. Emphasis ours.
11 Resolution 1997/38, para. 20
12 Report of the Special Rapporteur on torture, UN Doc. E/CN.4/1995/434, para. 926(d)
13 Albert Womah Mukong v. Cameroon (458/1991) 21 July 1994, UN Doc. CCPR/C/51/D/458/1991; El-Megreisi v. Libyan Arab Jamahiriya (440/1990) 23 March 1994, UN Doc. CCPR/C/50/D/440/1990
14 Preliminary observations of the HRC: Peru, UN Doc.CCPR/C/79/Add.67, paras 18 and 24, 25 July 1996.
15 Part II – Terrorist Offences; Part III – Declared Terrorist Organisations; Part IV – Terrorist Property.
16 Clause 30(2)(a), (b) and (c) of the Bill
17 More specifically in Article 14(3)(b) ICCPR and Article 7(1)(c) of the ACHPR.
18 UN Human Rights Committee General Comment 20, para. 11; Report of the UN Special Rapporteur on torture (E/CN.4/1992/17), 17 December 1991, para. 284
19 Concluding Observations of the HRC: Georgia, UN Doc. CCPR/C/79/Add.74, 9 April 1997, para. 28.
20 Report of the UN Special Rapporteur on torture, UN Doc.E/CN.4/1990//17, 18 December 1989, para. 272.
21 UN Human Rights Committee, General Comment 13, para.9; Principles 22 and 8 of the Basic Principles on the Role of Lawyers; Para. 2(E) of the African Commission Resolution on the Right to Recourse Procedures and Fair Trial.
22 Report on the Mission of the Special Rapporteur to the United Kingdom, UN Doc. E/CN.4/1998/39/add.4, para 47, 5 March 1998
23 Human Rights Committee General Comment 8, para.3
24 Clause 26(e) of the Bill.
25 Krischna Achutan (on behalf of Aleke Banda), Amnesty International on behalf of Orton and Vera Chirwa, Amnesty International on behalf of Orton and Vera Chirwa v. Malawi, (64/92, 68/92, 78/92 respectively), 8th Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995, ACHPR/RPT/8th/Rev.I
26 Refer to relevant passages later in the present document.
27 Article 9(3) of the ICCPR.
28 As provided for by Article 9(5) of the ICCPR.
29 Clause 9 of the Bill.
30 Clause 10(2)(a) of the Bill.
31 Clause 11 of the Bill.
32 ICCPR, Article 19(2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
33 ACHPR, Article 9 guarantees to every individual the right to receive information and the right to express and disseminate his opinion.
34 At its 32nd Session in October 2002 in Banjul, The Gambia.
35 Article 1 of the Declaration.
36 Article 2 of the Declaration.
37 General Comment 29, States of Emergency (article 4), U.N. Doc. CCPR/C/21/Rev.1/Add.11 (2001) para.1
38 Ibid. para. 3
39 Ibid. para. 4
40 Ibid. paras. 8 and 9
41Commission Nationale des Droits de l'Homme et des Libertes vs. Chad, African Comm. Hum. & Peoples' Rights, Comm. No. 74/92.
i Kenya is a party to:
International Covenant on Civil and Political Rights (ICCPR), but it has not ratified its First Optional Protocol giving a individual victim the right to petition and its Second Optional Protocol aiming at the abolition of the death penalty;
International Covenant on Economic, Social and Cultural Rights (ICESCR);
The Convention on the Elimination of Discrimination of All Forms of Discrimination Against Women (CEDAW), but not its Optional Protocol giving an individual victim the right to petition;
The Convention Against Torture (CAT), but not to its Optional Protocol providing for the regular and periodic monitoring of places of detention through visits to these facilities conducted by expert bodies.
The Convention on the Rights of the Child (CRC); it has ratified its first Optional Protocol on the involvement of children in armed conflict, but has only signed the second Optional Protocol on the sale of children, child prostitution and child pornography;
The Convention on the Elimination of All Forms of Racial Discrimination (CERD);
The Convention relating to the Status of Refugees;
Rome Statute of the International Criminal Court; signed in August 1999 but not yet ratified;
African Charter on Human and Peoples' Rights;
African Charter on the Rights and Welfare of the Child.
AI Index: AFR 32/003/2004 Amnesty International September 2004


text:
Pittsburgh board sells 2 closed schools
Two down, 17 to go.
The Pittsburgh school board voted 8-1 on Wednesday, with board member Mark Brentley Sr. dissenting, to sell Madison School in the Hill District to the Schenley Heights Community Development Program for $65,000.
By the same vote, it sold Burgwin School in Hazelwood to the Hazelwood Initiative for $475,000. The building is expected to be used as a Propel charter school.
Board member Regina Holley praised the "wealth of programming" that the Schenley Heights group will bring to Madison. But she and board member Terry Kennedy said they felt forced into supporting the sale of Burgwin rather than leave it vacant.
"I would love to reopen it as a Pittsburgh Public School," Kennedy said, "but we're up against the wall. It can't happen any time soon."
"I'm not happy that those children are going somewhere else," Holley added. "They should be going with us."
In 2012, the school district authorized Fourth River Development, a real estate company, to evaluate vacant school buildings and recommend ways to increase their value.
Last year, the district sold the former Schenley High School in Oakland to PMC Property Group Inc. for $5.2 million and McCleary School in Lawrenceville to E Properties & Development for $410,000. Both are being converted for residential use. The school board last year approved the sale of Morningside School for $275,000 to the city's Urban Redevelopment Authority.
This month, Pittsburgh Public Schools set the sale prices of six closed schools in a bid to raise money for the cash-starved district.
It is asking $325,000 for the former Horace Mann School in Marshall-Shadeland, $275,000 for Rogers School in Garfield and $250,000 each for Gladstone School in Hazelwood, Schaeffer School in Crafton Heights, the former Homewood Montessori and Sheraden schools.
Those buildings join Columbus School in the North Side, which is on the market for $930,000,
District officials had said its 19 closed schools cost more than $600,000 a year for utilities and custodial work. The debt owed on the buildings totaled more than $9.3 million.
Bill Zlatos is a staff writer for Trib Total Media. He can be reached at 412-320-7828 or email@example.com.
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subset: commoncrawl


text:
Hibiscus Restaurant
- Address:
270 South Street
Morristown, NJ 07869Neighborhood:
- Cuisine:
CaribbeanPrice: $30 and under
Hibiscus Restaurant
- Dining Style: Casual Elegant
- Website: http://www.hibiscusrestaurantnj.com/
- Phone: (973) 359-0200
- Hours of Operation:
Lunch: Tuesday - Friday: 11:30am - 3:00pm Dinner: Monday - Thursday: 5:00pm - 9:30pm, Friday - Saturday: 2:00pm - 10:00pm, Sunday: Open 12:00pm - 4:00pm. We will temporarily closed for dinner on Sundays until further notice. Sorry for any inconviences this causes.
- Payment Options: AMEX,Discover,MasterCard,Visa
- Cuisine: Caribbean, American
- Executive Chef: Orville Brandon
- Dress Code: Smart Casual
- Accepts Walk-Ins: Yes
- Additional Details: Banquet/Private Rooms, BYO Liquor, Delivery, Entertainment, Non-Smoking Restaurant, Personal wines welcome, Private Room, Takeout, Weekend Brunch, Wheelchair Access, Wine
- Catering: We offer full service catering on & off site. Our unique catering menus offer our patrons something truly different than the usual. We enjoy customizing menus as we are the only ones that can offer this combination of cuisines at the highest quality at the most competitive prices. We deliver drop off lunches for corporate clients & Pharmaceutical Sales reps.
- Private Party Facilities: We offer banquet facilities for large & small parties, for private dining, social or corporate events.
- Private Party Contact: Karlene Brandon 9733590200
- Entertainment: Enjoy live entertainment by some of New Jersey's best jazz performers and musicians, Rio Clemente, Bree Jackson, Tomoko Ohno, Champion Fulton & Norman Edge.Magic happen on the New Jersey Jazz Society's baby grand piano, now in it's new home at the Hibiscus. Fridays: 7:00pm - 10:00pm, Tuesdays: 6:00pm - 9:00pm & Sundays for our Jazz Brunch 12pm - 3pm.
Don't miss our other special annual events.
…New Years Eve Celebration/Annual Jazz extravaganza
…Special Valentine's Day Dinner
…Mother's Day Brunch,
…Fathers Day Dinner.
There's always something new happening at the Hibiscus ....
- Special Events: Come and enjoy our Sunday Jazz Brunch
A word from Hibiscus Restaurant
The Hibiscus is a unique find! Located in the heart of Morristown inside the Morristown Inn; a one of it's kind, Hibiscus boasts a unique concept providing the first upscale but cozy Caribbean restaurant in New Jersey , the first in a hotel & the only place for Caribbean in town. Hibiscus prepares & presents for it's guests five star quality meals at unbelievably affordable prices. Never before have you had Traditional American & Authentic Island Cuisine (Jamaican) at it's best all in one place. Come & enjoy from Authentic Jamaican Jerk Chicken served with traditional rice & beans & fried plantains to our famous Rasta Pasta made with lightly seasoned Jerk chicken breast, sundried tomatoes & broccoli in a light cream sauce over penne or capellini to Steak House quality steaks, perfectly prepared & served with our gourmet mashed potatoes & vegetables al dente, Complete your evening with our to die for, Jamaican Rum flavored Bread Pudding & Cup of our renowned blue mountain peak coffeeContinued
Foodspotting photosSee all photos
Hibiscus Restaurant reviews from OpenTable diners
23 reviews since July 30, 2014
- Food4.3Service3.8
- Ambiance3.8Noise LevelModerate
neighborhood gem (14)fit for foodies (12)romantic (9)special occasion (6)great for brunch (4)good for groups (4)hot spot (2)great for lunch (2)late-night find (1)kid-friendly (1)Show More
- Avoid this restaurantOpenTable Diner Since 2009VIPDined on 11/22/2014We had a 7 PM reservation. Restaurant is in the basement of a Best Western Motel. We were seated at 7:20. Service seemed friendly enough. Wine was opened, food order was taken. No one brought us an ice bucket to keep our white wine cool, although every other table had a bucket. (When we pointed this out, we got our ice bucket) Appetizers were brought. Then the wait for the entree. Must have waited about an hour for the entree. Two of us ordered one of the specials-Chilean Sea Bass. The dish was undercooked-couldn't cut it. Took us 10 minutes to get a waitress to bring back the dish. They apologized profusely. Said they would cook us new entrees. Said the chef was cooking only our dish. Waited another half hour. No entree. Then wait staff bring out six dishes for the table next to us. So much for the chef cooking only for us. We asked for the check. Left without eating the sea bass. Appetizers were good as were the dishes two others ate. I have to rate it one star because the dish I ordered was not cooked properly and when it was sent back we got put to the back of the que and had to wait another half hour.
- Calypso so soOpenTable Diner Since 2014Dined on 11/22/2014Tried this Caribbean American restaurant based on favorable reviews. They definitely had a bad night. Waitress was way to familiar and chatty. Food was delivered haphazardly . I got mine first and my partner 5 minutes later. The food was average at best and spare. Wouldn't go here again.
- EnjoyableOpenTable Diner Since 2014Dined on 11/9/2014Enjoyed the variety of foods, especially the Caribbean foods. Music an added treat.Special Features:
- love this placebumtomdDined on 11/8/2014i love this place - and i do not want to disparage the food in any way, but i did think the piano player was a little too loud for the room... although he was very good and we enjoyed him being there,,, just why does the restaurant music have to be so loud we had to scream to talk to the person across the table from us...Special Features:I would recommend this to a friend.
- Hidden GemFleaVIPDined on 11/8/2014Great Caribbean food. Generous Portions. Attentive staff. Outstanding music.Special Features:I would recommend this to a friend.
- A surprise in the roughGr82eatVIPDined on 11/6/2014I travelled in from NY for a meeting and wanted to wait out the traffic and decided to eat at this restaurant after finding it on Open Table. It is located in the basement of the Best Western. When I arrived I was the only person there and was greeted friendly by Winston and was seated promptly. My waitress Toni-Ann was a real doll and she and Winston were very attentive during my stay. I had the complimentary festival bread and it was nice. I then had the Jamaican Seafood Run Down, wiich consisted of Lobster, shrimp, conch, sea bass, and scallops stewed in a luscious coconut curry sauce. It was a big portion and delicious. I finished off with the rum flavored bread pudding, which was to die for. I had enough left over for later.Special Features:I would recommend this to a friend.
- Very enjoyableJoeNJDined on 11/5/2014First time. We were looking for someplace new and decided to try Hibiscus. We went on a Wednesday. It was a quiet night. My wife and I had the oxtails and the seafood platter. We found both to be very good. We both agreed that we would like to comeback and try one of the music nights or the brunch.Special Features:I would recommend this to a friend.
- Great music and foodjrzyjDined on 10/25/2014Overall; experience was nice. Service is extremely slow so we were seated a long time before our order was taken and food arrived.
- Thoroughly enjoyedroblessolVIPDined on 10/11/2014We were unsure what to expect at the Best Western, but the food was terrific, our waitress was hysterical, beautiful voice of the piano player. All in all a lovely meal.Special Features:
- Hidden GemyummyDined on 9/27/2014Hibiscus was great! I was very skeptical since it's in the basement of a Best Western. I read other reviews saying it was great, so took a chance. The food was delicious. I had the Oxtail, another in our group had the Curry Shrimp and someone else had the Chicken Strew. All were delicious. The flavors were great and something I've never had before. The chocolate cake was AMAZING too! It was more of chocolate truffle than a cake. 2 cons: (1) location takes away from the mood, but once we are seated you forget where you are and it feels like a nice restaurant. (2) Wait time-it took a long time before we were served. We didn't get appetizers, which was a mistake. Get some apps to hold you over until the wonderful food comes out.Special Features:
- Good FoodChrisDined on 9/20/2014The food is well prepared and delicious. The music was excellent and suited the mood. The service is slowSpecial Features:I would recommend this to a friend.
- Random but great find.Divablue5VIPDined on 9/10/2014Don't be deceived when you arrive to the restaurant because it is located downstairs of the Morristown hotel. The food was fantastic and the service was great. The BYOB was perfectly fitting because that is one less thing you need to worry about, especially when you are looking to have a relaxing evening with a date or friends.Special Features:I would recommend this to a friend.
- Food Good, but Service Real SlowCeeBeeDined on 8/12/2014It took almost an hour before we recieved our food. This was the second time going to the resturant and our last. The food was good but the seafood was overcooked. I was so hungry, it didn't matter. Nevertheless, the ambience was very nice (ligting, live musician), but that all was lost in the fact that the service was so slow. Everyone complained. If you have an hour to blow, then check it out.Special Features:
- Amazing!!OpenTable Diner Since 2014Dined on 8/9/2014I didn't know what to expect when I walked into the small, hidden restaurant. What I found was a hidden treasure. The food was amazing, the service was great. And I always enjoy places that are BYOB. Truly authentic Jamaican cuisine. Definitely try the bread pudding, it is worth the calories. I will be coming back again and again!Special Features:I would recommend this to a friend.
- OUTSTANDINGLuvcaribbeanfoodDined on 8/9/2014I was looking for a West Indian restaurant to get some good food for my birthday all I can say about this spot is OMG: the food was fantastic, every dish was delicious and seasoned with just enough spice, I will recommend this restaurant to anyone and I will be a frequent customer.Special Features:I would recommend this to a friend.
- The Carribean in Morristown NJraywallDined on 8/2/2014Don't make the initial look fool you. Located downstair in the Best Western.The food was great (oxtail and stew chicken), Atmosphere was great and the entertaiment was great !!!Special Features:I would recommend this to a friend.
- The following 259 reviews are from the Hibiscus Restaurant reviews archive.
- DisappointedFoodieDined on 7/19/2014I really disappointed that Hibiscus has not done something with their service problems. The service is so bad that it takes away from the food and the entertainment. I've had this problem with them in the past but I decided to let time past and try them again. True to form, the people have changed but they still have the same issues. Maybe it's the management.
- Excellent Caribbean FoodJohnSDined on 7/17/2014Hidden gem in morristown. Excellent, high end Caribbean menu. Chilean sea bass special with mashed potatoes was very tasty.I would recommend this to a friend.
- Good Eats, Great ServiceFoodieDined on 7/17/2014Excellent Caribbean food, generous portions, terrific service. The location in the basement of the Best Western was a little daunting at first...but the space is nicely done giving a sense of intimacy and class. If you love tasty food, excellent service, and proximity to Morristown's exciting downtown offerings, Hibiscus is the place to go. Bring Your Own Wine...they don't have a liquor license.Special Features:
- Too many drummersldy1Dined on 7/15/2014We go to Hibiscus to enjoy a lovely meal-diver scallops are an exquisite appetizer. The piano music performed by Rio Clemente is excellent. When he has an occasional vocalist accompany him, that's wonderful. We don't enjoy additional musicians, as they detract and interrupt the piano. Two drummers, were two too many.Special Features:I would recommend this to a friend.
- hidden gemFleaVIPDined on 7/13/2014Not far from downtown Morristown, a quiet unpretentious Caribbean restaurant sits in, of all places the basement of the Best Western hotel. Delicious food, great service and reasonably priced -this place won't stay a secret long.Special Features:I would recommend this to a friend.
- Started with "A" ended w/ "MAZING"smoothperry1Dined on 7/11/2014If you have never been to this restaurant, you absolutely HAVE TO GO. Literally EVERYTHING on the menu is delectable. NO matter your specific taste buds, you will be satisfied to the highest degree. On select nights they have live jazz playing which makes for a great atmosphere. There are simply not enough words to describe how awesome this place is!!Special Features:I would recommend this to a friend.
- loved it!!OpenTable Diner Since 2014Dined on 7/9/2014When we first showed up, my family was a little concerned about the restaurant hidden in the basement, but the food was outstanding and the wait staff was very helpful and personable. I would highly recommend this restaurant to anyone who loves Caribbean food!!Special Features:I would recommend this to a friend.
- OpenTable Diner Since 2011Dined on 7/1/2014wonderful to sit in with Rio Clemente and a surprised vocalistSpecial Features:I would recommend this to a friend.
- Have a Bite to EatHandyAndiDined on 6/29/2014Our brunch recently at Hibiscus was a delight. The food was across the hall for this brunch so the restaurant was spacious and beautiful as almost every table was filled. We had champagne which we brought and Karlene's able servers supplied the orange juice for our mimosas to start the day off right. The entertainment - Pam Purvis and Bob Ackerman and friends - was, as always, wonderful. The NJ Jazz Society on this day was very well represented and new members are always welcome at www.njjs.org. Check out Hibiscus - ample parking and you won't be disappointed.Special Features:I would recommend this to a friend.
- OpenTable Diner Since 2014Dined on 6/20/2014Hibiscus is surprisingly deceptive. I think it doubles as a Continental Breakfast venue for Best Western Plus Hotel. But the wait staff are excellent and engaging and the food was incredibly delightful. However, when booking on line, the reservation criteria should mention that it's a BYOB. The waitstaff were quick on their feet and rounded up a bottle of wine from the Hotel cache so it worked out. I plan to return the next time I'm in Morristown for a concert at the Mayo Performing Arts Center.Special Features:I would recommend this to a friend.
- Mouth WateringAndreDined on 6/18/2014Great service. Food is made fresh. I have taken my aunts who are retired chefs and the loved the food, the ambiance and the live music. Recently I took my friends and their children visiting from Michigan and they really liked their meals. I live about 45 minutes away otherwise I would dine there weekly. My favorite meal is the vegetarian Rasta Pasta.Special Features:I would recommend this to a friend.
- DisappointingHankDined on 6/5/2014Not clear that it was essentially a BYO. Limited wine selection was terrible. Couldn't wait to finish eating and get out of there.
- Dinner with a tuneLuv2eatDined on 6/3/2014Variety of food was good. We decided on rasta pasta, oxtails, and curried chicken, all good. Piano music in the background provided by Rio Clemente was a delightful touch.Special Features:I would recommend this to a friend.
- MillaVIPDined on 5/31/2014We received three ox tails..... Adults not children we are.Special Features:
- Great foodluvtaeatDined on 5/31/2014Great food and nice atmosphere. It's a must go. Wonderful little gem. Service is wonderful. So nice and friendly.Special Features:I would recommend this to a friend.
- overpricedwonderwipsDined on 5/30/2014Price of the food is way above the quality and preparation. $30 for a small piece of sea bass over a large mound of cold too salty mashed potatoes is unreasonable even for Morristown. The service was inconsistent and the waitress disrespectful during the music set. I think she was trying to be the loud comic. Overall not worth a return trip
- downtoearthDined on 5/20/2014service was a bit slow and the piano was too loud. Food was well prepared and delicious. Friendly service.Special Features:
- Great time!Luv2eatDined on 5/18/2014I had a wonderful time. The brunch was delicious and the staff was attentive. The location is surprising. It's in the basement but if you can get passed that you will have a good meal!Special Features:I would recommend this to a friend.
- Good food - bad ambience1happyeaterDined on 5/11/2014Went here for Mother's Day brunch. Food was varied and delicious. Setting was dreadful - in the basement of a hotel and it felt like a basement. Dining rooms were too small - you couldn't get in or out of the separate room where food was served. Had to wait half an hour before the buffet was ready. Very expensive for lack of pleasant environment. If I was interested only in sampling carribean food I would return otherwise not.
- good food-but service lackingalpha81Dined on 5/10/2014Heard of the restaurant from the hotel sales rep. My husband and I got to the restaurant at about 720pm, waited about 10mins for a server to get to our table. She did not seem at all knowledgeable of the menu options. When asked if we could substitute rice and beans for something else, we were told not really, or we'd have to wait 20mins-though items were listed on the menu as sides. Dinner was finally brought to the table at 850pm. The owner/manager did apologize for the wait but by then I was ready to go. After dinner, which was REALLY GOOD, I asked for coffee. The server wandered around for about 10mins..no coffee. We asked for the check, she brought it over-not asking if I no longer wanted coffee.Special Features:
- Will not return...RUSHFan0612VIPDined on 5/10/2014I came here on the Saturday night before Mother's Day to hopefully enjoy a nice dinner out with my parents. Well to get to the point, we did not enjoy ourselves at all. For some strange reason, the restaurant thinks that it's a good idea to have a live musician in a fairly small place to be playing during the prime dinner period (6PM-8PM) at an almost deafening volume level. My parents are 80 & 72 respectively, and my father (80) has a very hard time hearing to begin with. The music was so loud that we could barely converse. On top of that, I must say that the food was just average, really nothing to write home about...my father did not enjoy the oxtails and I thought my dish (Seafood Rundown) was bland. So I will not be back, sorry.
- AwesomeLadyiceDined on 5/4/2014I was looking for something new to celebrate my bday. I came across this Resturant on the internet and decided to try it out. I'm so glad I did the owner and the rest if the staff were wonderful and the food was amazing glad I went ibwill defintely be returningSpecial Features:I would recommend this to a friend.
- restaurant week visitbluescootDined on 5/2/2014restaurant week in morristown this week. should have surprised as needed to specifically ask for the special menu which was not offered freely. service was absolutely awful. we ordered the rest. week special (salad, entree) also added appetizer (add'l chg.) which was fine with us. never received salad (which would have been ok) until I noticed they added 18% serv chg and increased the check as the waitress undercharged us $4 which made me mad. I then complained and told mgr we didn't receive our salads. she reduced the check by $4 and didn't include gratuity. my head was spinning at this point. anyway, gave a tip to the guy who brought ALL the food and came to pour wine for us. such a bad experience I just have to shake my head.
- OpenTable Diner Since 2013Dined on 4/29/2014Excelente food! I will totally go back to this place. They need more than one waitress tho. Thann youSpecial Features:I would recommend this to a friend.


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FORTY years after it was released, horror classic The Texas Chain Saw Massacre has never looked better and still packs a real punch.
MARY Elizabeth Winstead gives the performance of her career with a sinister, menacing turn in this superb twisted drama.
AN independent sci-fi film with brains and enough twists and turns to leave you tied up in knots.
A tremendous allegory for the obsession with fame and celebrity gives way to a gloriously grotesque pop at the state of Hollywood.
ONCE the claws and fangs come out, Adrian Garcia Bogliano's werewolf film is a blood-soacked riot with a transformation scene worth the ticket money alone.
JASON BOGNACKI's film about demonic possession wears its Dario Argento influences on its sleeve and is delightfully deranged.
GARETH EVANS' follow-up to the critically-acclaimed The Raid might not reach the heights of its predecessor but it's an exhilarating ride nonetheless.
AXELLE CAROLYN'S debut feature is a slow-burn tale of a haunting filled with melancholy and is a promising first outing for the director.
DANIEL PATRICK CARBONE'S debut feature is a haunting and beautiful tale of teenagers facing their own mortality in the aftermath of tragedy.
THE Californian-born singer shares the screen with her idols in acclaimed documentary 20 Feet From Stardom.
MATT Reeves' sequel in the rebooted Apes franchise is a stunning tale of war with the greatest motion capture effects ever brought to the big screen.
T&Cs apply


text:
Gene Madden
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November 27, 2014
Stay up-to-date with KAKE News:
An oil field accident happened in Reno County Thursday morning, just north of the town of Langdon near the intersection of Langdon Rd. and Irish Creek Road.
Authorities said 45-year-old Terence Brewer of Ellinwood was injured when he tried to change some ropes in a pulley. One of his arms became entangled in the ropes and caused some serious injuries.
He was flown from the scene by Lifeteam Helicopter to Via Christi-St. Francis in Wichita.
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text:
UNFCCC Publishes Monaco's GHG Inventory Report [viewed]
24 January 2010: The UNFCCC Secretariat has published the report (FCCC/ARR/2010/MCO) of the review of the annual inventory submission of Monaco.
24 January 2010: The UNFCCC Secretariat has published the report (FCCC/ARR/2010/MCO) of the review of the annual inventory submission of Monaco.
27 January 2011: The European Commission has issued a Communication titled "Regional Policy Contributing to Sustainable Growth in Europe 2020," urging the use of EU regional policy funds to finance sustainable growth projects.
25 January 2011: The European Commission has suspended transactions, except for allocation and surrender of allowances, in all EU Emission Trading System (ETS) national registries from 19 January 2011 until at least 26 January 2011, due to recurring security breaches in national registries over the period December 2010-January 2011.
25 January 2011: The first comprehensive report on future fuels covering the whole transport sector in Europe has been released. The report was prepared by a European expert group, and concludes that alternative fuels have the potential to gradually replace fossil energy sources and make transport sustainable by 2050 in the EU.
January 2011: The International Energy Agency (IEA) has published a paper titled "Development of Energy Efficiency Indicators in Russia," which details two years of IEA's work together with Russia's Federal State Statistics Service (Rosstat) on energy efficiency.
December 2010: The Organisation for Economic Co-operation and Development (OECD) has released a paper in its Environmental Working Paper series by Ivan Hašcic et al., titled "Climate Policy and Technological Innovation and Transfer: An Overview of Trends and Recent Empirical Results."
The first formal round of climate change negotiations in 2011 include: the 16th session of the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP 16); the 14th session of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention (AWG-LCA 14); and workshops pursuant to the Cancun Agreements and to other decisions as appropriate. Preparatory meetings of the Group of 77 and China, the African Group, the small island developing States (SIDS) and the least developed countries are expected to meet from 30 March-2 April 2011.
19 January 2011: The Global Atmosphere Watch (GAW) programme of the World Meteorological Organization (WMO) held a meeting of the Swiss GAW programme from 18-19 January 2011, in Zurich, Switzerland.
10 January 2011: Philippe de Fontaine Vive, Vice-President of the European Investment Bank (EIB), and Vincent Bolloré, CEO of the Bolloré Group, signed a EUR 130 million finance contract in support of research, development and innovation programmes in the field of electricity storage (batteries and electric vehicles).
14 January 2011: The International Centre for Hydrogen Energy Technologies (ICHET) has awarded Hydrogenics Corporation, a developer and manufacturer of hydrogen generation and fuel cell products, a contract to build a complete electrolysis-based hydrogen fueling station in Turkey.


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Alex Cherney, a software developer and self-described hobbyist astronomer based near Melbourne, captured a series of stunning Aurora Australis over the Mornington peninsula in Australia.
"It was my first visual aurora," he told ABCNews.com. "I was surprised myself when I saw it. I didn't think it would be so bright."
The time-lapse video he shot and posted online shows 24 frames per second and features two instances of bright red aurora, a sunrise, the Milky Way and millions upon millions of stars.
The small balls of light seen flying across the water near the horizon are boats, coming in and out of the harbor in the remote town of St. Leonards, he said.
A second instance of dimmer aurora occurs later in the video, which Cherney said he captured on Jan. 16. At the time, the phenomenon wasn't visible to the naked eye.
Cherney, 37, said he used a Nikon d700 camera on a tripod, with an ultrawide 14-millimeter lens to capture images of the bright aurora every 30 seconds over the course of eight hours overnight from Jan 22 to 23.
Because it's summer in Australia, Cherney said he clocked around 700 photo files that night, but during the winter, when the nights are longer, he can capture up to 1,500 images.
His passion for exploring the wonders of the night sky started when his daughter, now 8, was in preschool and was given an assignment on space exploration.
"She came back from school one day and asked me if I could help her find aliens," Cherney said. "So I said, 'That sounds like a cool idea,' and we got out a pair of binoculars. But you couldn't see anything with the binoculars, so we got our first telescope."
Now Cherney said he owns a collapsible telescope that's taller than his 6-foot-5 frame, and he and his daughter are members of the Mornington Peninsula Astronomical Society. He shares his photos and videos online, he said, to show others the beauty of what's out there and because he believes there needs to be a stronger effort to limit light pollution and preserve star gazing from Earth.
"I'm quite passionate about the night sky," Cherney said. "I want to show it to the world. We need to start thinking about the night sky. … With urban development, it may be gone in a few years time … and future generations might not be able to see it."
You can see more of Cherney's fascinating space photography on his website here: http://www.terrastro.com/
Aurora Australis, more commonly known as the southern lights, are incredible light displays that appear over the Antarctic but can shift north and be seen over Australia. More familiar to us in the United States are Aurora Borealis, or northern lights, which appear over the Arctic but have been known to slide down as far south as Oregon.
Both types of auroras are caused by photons (light particles) interacting with other atoms in the Earth's atmosphere, such as oxygen and hydrogen, which help give them their color. The photons are emitted from solar winds, which then hit the Earth's magnetic field and condense at the poles.


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- Cooking Time:
- Servings:
- Preparation Time:
- 2 lbs. top round beef steak
- 2 onions, chopped
- 1 cup beef broth
- 1 cup apple cider vinegar
- 2 bay leaves
- 16-oz. pkg. baby carrots
- 2 russet potatoes, peeled and cubed
- 3/4 cup crushed gingersnaps (about 15 cookies)
- 2 Tbsp. brown sugar
- 1 cup sour cream
- 3 Tbsp. flour
- In 4 to 5-quart slow cooker, combine beef, onions, broth, vinegar, bay leaves, carrots, and potatoes. Mix well, then cover crockpot and cook on low for 8-9 hours.
- Then remove cover and turn heat to high. Remove bay leaves.
- Add gingersnaps and brown sugar to the mixture. Stir well and taste for seasoning (you may want to add more gingersnaps or brown sugar for the perfect sweet/sour balance).
- Then stir together sour cream and flour and add that to the crockpot, stirring well to combine. Cover and cook for 30 minutes until thickened and heated.
- Serve with hot cooked egg noodles, spatzele or Panni makes a potato dumpling my family loves. Serves 6-8
- Cook Time: 9 hours
NotesDo you remember the 3 days it took to marinate for traditional sauerbraten? Well no more,
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Sandy Hook Elementary Tribute - I'm Free (Newtown Mix) - Music Videos
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Embed hullalkire 380 views 2012-12-23T11:24:09 A tribute to the victims of the Sandy Hook Elementary shooting in Newtown, CT. This song serves as a reminder to always put our trust in God, particularly in times of trouble and sorrow.
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Tom Toles by Tom Toles
- December 23, 2012
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Comments (82) (Please sign in to comment)
NRAs DOAs
Don't you get it? The only solution to gun violence is more guns. Every single person should be packing heat every waking hour and be ready to shoot at a moment's notice.
^ And any gun control legislation will inevitably lead to confiscation of all guns.
Ban assault weapons? Well, confiscation starts right there.
All my happily married friends got divorces and started kissing as soon as gay marriage became legal.
These liberal ideas are turning entire states gay one at a time.
Don't let them even start with your guns.
What? When the Canadians attack all we will have are limp wrists with no arms?
Is that what you want?
It is the liberal agenda, are you gay or are you against gun control?
If the Founding Fathers didn't want us all to have large clip automatic assault rifles, they wouldn't have written the Second Amendment.
I have heard that only from NRA and NRA worshippers.
Unfortunately many people would still not understand the above comments as sarcasm.
"If the Founding Fathers didn't want us all to have large clip automatic assault rifles, they wouldn't have written the Second Amendment." – – "Well regulated."
"Well regulated."
Well regulated militia, to be precise.
Sarcasm? Jase99 makes a good point. Not just the teachers, we need to make tiny assault weapons so every kindergartener can have one.
And Anthony 2816 makes a great Constitutional point. How can anyone think he's being sarcastic?
And I hope everyone pays close attention to Stipple's warning about the Canadians poised on our borders, waiting for gun control to make it easy for them to invade and put 'eh' into the American language.
And I like the cartoon. Obviously, Mr Toles is saying that we supporters of the 2nd Amendment need to pick up all our spent shells and reload and reuse them.
Thomas E. Woods Jr.'s "33 Questions You're Not Supposed To Ask About American History" notes that the Wild West actually wasn't as wild as people tend to think it is: the combination of "strict private property laws" and "common firearm ownership" actually kept the crime rate quite low in the average community.
Gotta love those large clip, Automatic Assault Muzzle-Loading Rifles, with the rapid fire rate of up to 4 rounds a minute!
Not to mention those 50 caliber "Machine Muskets"!
Did anyone catch Wayne LaPierre's speech in response to the Newtown Massacre. In short, he blew it. He came across as petty, angry, mean-spiriied, self righteous.and worst of all, self-pitying. Not one word of genuine sympathy for the parents or victims but lots whining about how 'everybody is picking on the NRA.
That kind of sermon may go down well in the choir loft, but it's not going to fly with the general public. The residents of Newtown were NOT happy with it, according to what I've been reading..
And the worst thing is, LaPierre is capable of better than that. I heard him being interviewed on NPR once, and that time he showed himself to be capable of a very intelligent and reasoned argument. When asked whter violent movies hould be banned, he said, in effect that you can't support the 2nd Amendment and ignore the 1st Amendment.
Where was that guy time?
When the Founding Fathers passed the 2nd Amendment the deadliest gun was a Single Shot Brown Bess Flintlock rifle the British Army had.
Now the deadliest gun fires 600 rounds a minute on full auto, and has the option of a 20,30,200 round Magazine.
Slippery slope? Well, fire runs faster uphill, so how about we allow flamethrowers or Claymores? When you get on the plane, they oughta, you know, just pass out the guns – that way everybody is armed. Simple.
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French onion dip, or F.O.D as Ryan calls it, is very popular in our home. Whenever I buy some at the grocery store it is usually gone in a couple of days. I have yet to catch him eating it out of the carton with a spoon, but I have my suspicions. As a result I am constantly picking up a carton while I'm at the store but a recent look at the ingredients got me wondering if I could possibly make it at home. It didn't seem like it would be that hard but I had no idea how easy it would actually be. Now when Ryan finishes the last bite I just whip up some more.
I love onions as much as the next girl but I am not a huge fan of raw onion flavor. To me its the kind of flavor that just sticks with you all day. In an effort to avoid that I decided to caramelize the onions in this dip, which adds a slightly sweet onion flavor that tastes great while eating it but doesn't linger too long.
You can serve this with some raw veggies or my personal favorite homemade potato chips. Enjoy!
If we are ever together at a party, you would most likely find me hovering over the food. More specifically, you'd find me hovering over the charcuterie board. All the different kinds of meats, cheeses, spreads, crackers and breads. So many different flavor combos to create. So much deliciousness to enjoy. It is my most [...]
This time of year has always been super busy for me but add two little ones to the mix and now I can barely remember to brush my hair in the morning. And with Christmas about a month away now, it's only going to get busier around here. That is why when the nice people [...]
While the big meal is certainly what we all look forward to on Thanksgiving, the appetizers are one of my favorite parts too. We've always had trays of salami and cheese, pickles and olives, deviled eggs and, my favorite, the dips. This year, I thought I'd throw a new one in the mix with this [...]
A rustic stuffing with crusty bread, kale, bacon and Parmesan cheese.
A delicious, colorful salad, perfect for your holiday spread.
Tangy goat cheese, cream cheese, sweet garlic and crispy bacon make this cheeseball perfect for the holidays!
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My name is Des. I'm a Mom to Kellan and Preston. Wife to Ryan. Dog mom to Pumpkin and lover of all things food. Whether it is cooking it, eating it, shopping for it or watching TV about it, food is one of my favorite things. Read more »
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Vincent Gray
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Despite being a key figure in the Vince Gray election controversy, he apparently isn't troubled by the situation.
Thomas Gore, former Gray aide who pleaded guilty, has no sentencing date setComment
Thomas Gore was in court Tuesday morning for a status conference. Federal prosecutors asked the judge not to set a sentencing date because their investigation into corruption in district politics is continuing, and Gore's attorney did not object.
DC YouthLink investigation: Mayor Gray calls for AG investigationComment
Several days after an ABC 7 News investigation uncovered mismanagement and lackluster services at DC YouthLink, D.C. Mayor Vincent Gray is calling on the Attorney General to investigate the program's management.
D.C. YouthLink investigation: City leaders demand change after investigationComment
District of Columbia leaders are expressing outrage and shock over the results of an ABC7 News I-Team investigation that uncovered multiple levels of mismanagement at DC YouthLink.
Mayor Vincent Gray shows frustration over negative media attentionComment
With images in the news of his campaign supporters pleading guilty to campaign violations, Mayor Vincent Gray showed his frustration with the whole situation Wednesday.
Mayor Vincent Gray's 2010 campaign used unauthorized public-housing database, report saysComment
D.C. Mayor Vincent Gray's campaign reportedly used an unauthorized database of public housing residents to help its "Get-Out-The-Vote" effort.
Mayor Vincent Gray should resign, majority of Washington Post poll voters sayComment
More than half of District of Columbia residents say embattled Mayor Vincent Gray should resign, according to a new poll by the Washington Post.
Martin O'Malley donates contributions from Jeffrey ThompsonComment
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D.C. Mayor Vincent Gray kicks off FastTrac programComment
Gray received a warm welcome from small business owners and residents in Southeast, as he kicked off a new program for small businesses owners. But after several days of media coverage, the mayor appears to be growing frustrated by the questions and the distraction over his 2010 campaign.
Mayor Vincent Gray rally in D.C.Comment
Two prominent District of Columbia ministers are planning a rally in support of Mayor Vincent Gray, who's been battered by a scandal involving criminal activity during his 2010 campaign.
Mayor Vincent Gray on NewsTalk
Facing multiple calls for his resignation after the revelation of a "shadow campaign" during the 2010 election, D.C. Mayor Vincent Gray is appearing on NewsTalk on NewsChannel 8 this morning. Click here to watch it live.
Mayor Vincent Gray won't resignComment
D.C. Mayor Vincent Gray is spending another day battling calls for his resignation. He once again said Thursday that he won't leave office despite calls from three councilmembers to step down.
Mayor Vincent Gray campaign hid poll workers' pay, AP reportsComment
Campaign workers for District of Columbia Mayor Vincent Gray tell The Associated Press that day laborers who worked at polling places on Gray's behalf in 2010 were routinely paid $100 in cash - twice the legal limit.
Mayor Vincent Gray defends against corruption allegationsComment
D.C. Mayor Vincent Gray defended himself Wednesday, a day after a third person connected to his 2010 mayoral campaign pleaded guilty to criminal charges. And councilmembers David Catania, Muriel Bowser and Mary Cheh have called on Gray to resign.
Mayor Vincent Gray: D.C. Republicans call for Gray's resignationComment
D.C. Republicans are the latest political leaders to urge Mayor Vincent Gray to resign.
Chuck Brown Park proposed: Portion of Northeast D.C. park to honor musicianComment
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Mayor Gray proposes records requests billComment
A bill proposed by Mayor Gray would extend the time period for responding from 15 to 20 days and would also broaden the types of records and documents that the government may withhold from the public.
Mayor Vincent Gray excused from jury dutyComment
A spokesman for Mayor Vincent Gray says he was excused Monday from jury duty at D.C. Superior Court after going through a questioning process before trial.
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This one's a long time coming, folks.
A short story I wrote a while back — "Infinitas," it's called, about a group of shipwreck survivors who slowly lose touch with reality while trying to forge a new society aboard their life raft — is now available in an anthology of political fiction called Trust and Treachery: Tales of Power and Intrigue. Please consider giving it a read.
Filed under: Literature Tagged: Dark Quest Books, Infinitas, short story, Trust and Treachery
. . . → Read More: Song of the Watermelon: Short Story in 'Trust & Treachery'


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By Christian Viveros-Fauné
Bridget Everett Whacks Rock Bottom at Joe's Pub
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By Tom Sellar
Few stage personalities come as proudly miscegenated as Staceyann Chin: half black, half Chinese; Jamaican born but a longtime Brooklyn resident; a femme lesbian who admits to harboring butch fantasies. In many ways, Chin's new one-woman show is just as unclassifiable as its creator. A coming-of-age autobiography that morphs midway into a poetry slam performance, Border/Clash begins with Chin's modest childhood in a Jamaican backwater. Abandoned by her parents, Chin grew up under her ultra-Christian grandmother's tutelage, eventually moving to New York, where she found her groove as a slam poet on the Lower East Side and later as a performer in Russell Simmons's Def Poetry Jam. Harrowing though Chin's story is meant to be, the real attraction is her verbal dexterity. This gifted vocal artist excels equally at prose and verse, and her unforced charm invigorates the play's patchwork structure. Immensely likable, Chin remains something of a bohemian cliché. The more she emphasizes her multifaceted individuality, the less individual she becomes. Of course, no one is more aware of this than Chin, who diffuses her self-seriousness with ample self-mockery. Her "angry woman poetry" is often "laced with humor to make it go down easier," she explains teasingly. Beating her own critics to the punch, Chin gets the last laugh, and then spins it into rhythmic gold.


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