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Posts Tagged ‘Arthur Krause’

May 17, 2016 A college essay written by Kimberly March

DSC00159When I first chose to write this paper on Laurel Krause, I was expecting it to be just like any other short research paper on a human being. Read up on their accomplishments, read some interviews, look up different articles, et cetera, et cetera. Little did I know that I would have the wonderful opportunity to sit down and have a phone conversation with Laurel herself. It was a quiet Sunday afternoon on May 1st when I decided to make the call – I had been mulling over the decision as to when to call since hearing back from Laurel. I was extremely nervous to call and make a fool of myself.

Laurel Krause is the younger sister of Allison Krause, one of the young college students killed in the 1970 shooting at Kent State University. The massacre, performed by National Guardsmen, occurred at an anti-war protest held on campus soon after President Nixon announced the expansion of the Vietnam War into Cambodia. It is still, to this day, unconfirmed who gave the orders for the Guardsmen to shoot at the unarmed students, or if there was an order at all. No charges were brought upon anybody, nobody took responsibility, and nobody ever apologized for the tragedy. Arthur Krause, Laurel and Allison’s father, continued fighting for more information for the rest of his life, filing lawsuit after lawsuits all the way to the Supreme Court. The immeasurable trauma thrust upon the Krause family and the friends and family of all involved in the shooting was never resolved or given any type of closure.

However, I do not want to spend this entire paper focusing on the horrific things that happened because of the Kent State shootings. I want to focus on Laurel Krause, a peace-seeker/creator, activist, and friend. My first impression of Laurel was how humble she is – she was shocked that I chose her to write my paper about. I had no idea what to expect, and I could not have been more relieved to find that I was talking to a real person on the other end of the phone. One thing that she said to me during our two-hour conversation that eased my nerves was, “My name Laurel and I’m not a ma’am. I’m an anarchist trained by Howard Zinn and sister of Allison, but I am very much a, y’know, a human being and I’m right at the same place-level that you’re at. And I absolutely want to be that way.”

Laurel and I talked about a slew of different topics. The main topics I want to focus on are the overall idea of creating our own peace and the Allison Center for Peace, located on the Mendocino Coast in California. We talked about the government and how they have formed our society into a society that has lost hope. “Our world is a traumatized world…How is it serving them that we don’t heal this wound?” There have been so many government-led tragedies – the shootings at Kent State and Jackson State are only two. Laurel says, “I think the strongest card we’ve got is to actually live happily in peace. And let’s just get on with it.” The government will not give us the power to be able to foresee ourselves living happily. They will not allow us to heal the wounds of trauma that they have inflicted, because as soon as they do, they have lost some of the control they worked so hard to build. We then began talking about the Allison Center for Peace. This will be a peace destination – the Mendocino Coast location hopefully being one of the many across the nation in the future. A “peace capital”, of sorts, where the business of peace is examined and safe renewable resources and low radiation organic farming are present. Laurel graciously invited me to come out and visit the Center someday if I have the means, and I certainly intend on taking her up on that.

Laurel, along with the help of her co-founder Emily Aigner Kunstler and the rest of the dedicated team, started up the Kent State Truth Tribunal in 2010. “The Krause family founded the Kent State Truth Tribunal in order to reveal the truth and establish a clear and correct historical record from the collective voices of Kent State (TruthTribunal.org). The Tribunal is comprised of almost one hundred interviews with family, friends, survivors, and witnesses of the Kent State shootings, which will all be archived and available to be streamed on the Truth Tribunal website. Laurel told me that she has come to terms with the fact that she will not see justice for Allison in her lifetime – “I’m not a fool.” However, because she has documented everything, it will all be available for them when it is deemed relevant again.

There were indeed some deep conversation topics, but there were a lot of laughs and coinciding opinions and feelings of peace and happiness. Laurel and I had a great time speaking of the Goddess emerging and peace being possible if we find our own peace. We spoke of buffoons in politics and Howard Zinn coming through her in our conversation with positivity and light. I look forward to my next correspondence or phone conversation with Laurel, for I feel I have gained a wonderful new friend. It was refreshing to have a long-winded conversation with somebody as an equal on a level playing field. Although my instincts and respectful reflex will urge me to call Laurel ma’am the next time we speak, I will definitely make sure that I do not.

I close this piece with an uplifting point. “Change must come from the young people.” If young people in my generation do not speak up against the man and demand a better, more peaceful tomorrow, we will not get it. On the flip side, that means that as young people in this country and world, we have the power to make a difference. We have the power to mold our future. The government is not going to simply give us the peace and happiness that we want – so let’s create it. Let’s heal the trauma that has been inflicted on us and move on together. We have the means and we have each other. It is time that we take what is rightfully ours. It is time for peace.

References

“Laurel Krause.” Telephone interview. 1 May 2016.

“About Section.” Kent State Truth Tribunal. Web. 3 May 2016.

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On May 4, 2016 at the 46th commemoration of the Kent State Massacre, Jennifer Schwartz stood for her cousin Allison Krause and offered this speech:

AllisonFlowersAreBetterMemeAnother May 4th parent has died since last we gathered to commemorate this event. Another mother has left us before the truth is clear and justice is served. My aunt, Doris Krause, Allison’s mother, passed away peacefully under hospice care and in the arms of her sole surviving daughter Laurie on January 17th, just a few months ago. As she crossed over, she left behind decades of profound grief and struggle. Perhaps it is our world she now grieves. A world she taught her children to believe was just, civil, compassionate, and fair.

As I was growing up in Cleveland, my father, Doris’ nephew, used to council me, when I felt wronged by a friend or noted an injustice in the world, he used to say to me “Life isn’t fair.” And he knew. We all sat by feeling helpless as the Krause’s endured a very public grief, and extensive legal battles. Instead of receiving any formal acknowledgement of one of the gravest of misdeeds a government can inflict upon its citizens, they were subject to factually unfounded and prejudicial accusations thrust upon their daughter. In her eulogy for Aunt Doris, my cousin Laurie noted, “my mother lost a child. And that is perhaps the greatest burden of all. When we add to this how unnecessary Allison’s death was, the betrayal of it being carried out by a government meant to protect us, and the crushing pressure of the denial of accountability for now decades, I am truly astounded by the grace and fortitude with which Doris faced this legacy.”

Please join me in a moment of silence for Doris Levine Krause. May her memory be a blessing to us, may her struggle be released, may her quest for truth be carried forth.

I never met my cousin Allison. I was a little nine month old learning to walk and run when she was stopped in her tracks by an M1 bullet right over there in the parking lot. So I have always been looking for the truth myself, searching for accounts that would provide clarity and do Allison and May 4th justice. It concerns me that this history be told and recorded accurately. Among the articles I have found was a 1971 piece, published in the National Review, by William F. Buckley.

Mr. Buckley noted that they found pebbles in her pocket. They called it evidence of her aggression, evidence of her crime. They called it evidence she wielded “missiles” of rock she had concealed in her pocket. Deadly? Really? That’s a sham. The classic, tawdry response: to blame the victim. What really had them shaking in their boots was not some rocks in the pocket of a college freshman with flowers in her hair, but that she wielded words of truth. She confronted their ethics, their judgement, and refused to accept President Nixon’s escalation of the war in Southeast Asia. She was one of many hundreds of thousands across the nation who took to the streets that weekend in May to protest. I could not be more proud of her. My cousin, Allison Krause, was a 19 year old honor’s student. Bright, compassionate, hard-working. She was killed that day as she raised her voice in opposition to a government that had gone morally astray. “They always point out that my daughter had gravel in her pockets,” said my aunt Doris, “that this was the rationale for killing her… why” she asked, “didn’t they throw gravel at her?”

For 46 years we’ve been parted from my cousin Allison. A lifetime! My lifetime. For 46 years we’ve sought answers. For 46 years the government’s been adept at denying culpability, avoiding responsibility and suppressing truth. For 46 years we’ve been lied to and brushed aside. We now know there was an order to shoot; we’ve heard it. Don’t tell us you were afraid for your lives with your loaded M1 rifles and your helmets and your high ground advantage. Don’t tell us you felt endangered when Governor Rhodes himself, your commander in chief, came to town to cheer you on and gave you carte blanche to “eradicate the problem.” For 46 years we’ve called for truth. My uncle Arthur led the legal battle for 10 years following May 4th. While we agreed to a settlement, we were not satisfied that truth was honored nor that justice was done. In a 1981 interview with J. Gregory Payne, my infuriated Uncle Arthur declared “We don’t want the damn money… we want the truth! We want the facts about how the four died. We aren’t afraid of the truth. We aren’t the ones who have been saying “no comment” for the past 10 years.” He went on: “I think we are all responsible for the killings at Kent. You can’t get away from the hatred being spread by national leaders during that time. That political period was one which bred hate and with Nixon and Rhodes fanning the fires you can expect killings as a result.” With all the hate speech going on these days by political leaders, I shudder to think what’s ahead, and like my cousin, I will not allow the hate to go unchallenged.

Allison Beth Krause was the cherished first of two daughters born of Arthur and Doris Krause of Cleveland Heights, Ohio. She smiles at me whenever I see her, there in a handful of black and white photos. The impish seven year old girl sits there in a white dress and patent leather shoes next to her little sister Laurie, in the front row of a family portrait taken at my aunt and uncle’s 1958 wedding. I long to reach into the photographs and take her hands and play with her, hug her, know her.

Back in those days in the early sixties, the Krause’s used to go on Sunday drives out in the country around Cleveland, often ending up at Kent, dining at the Robin Hood and enjoying the pastoral campus. Remarkably, at a very early age, Allison made her decision to attend college at Kent State University. She loved it here; she felt at home. She felt safe.

In a eulogy for my cousin, Richard Jaworski, one of her high school teachers at John F. Kennedy High School in Wheaton, Maryland, described her like this:

Constantly she was surrounded by boys and girls who came not only to tell her their problems, but to laugh with her and bask in her quick wit and charm. Allison possessed a rare trait. She could move among many groups of students and always exhibit tolerance for the views of each group in which she participated. When baited by adults, some young people responded with anger and bitterness, if not violence. Allison expressed a passive, stoic quality, as if recognizing the injustice of name-calling, as if realizing the illness of the person filled with hate.”

As she found her political voice in high school, Allison joined other students who were opposed to the war in Vietnam, especially as friends got drafted. As a teenager, Allison participated in anti-war demonstrations. She knew that as an American she had a right to freedom of speech and a right to engage in peaceful assembly.

She entered Kent State University in the fall of 1969 where she quickly made friends, earned high marks in her studies, and met the love of her life, Barry Levine, another young student from New York who shared her values. Together they assembled with others on Friday May 1st on the commons to raise their voices against Nixon’s decision to escalate the war and send more troops into Cambodia. She spent that first weekend of May with friends, doing schoolwork, enjoying the first breath of spring and becoming increasingly concerned about the military presence on campus, now occupied by the National Guard.

On that beautiful, warm spring weekend Allison spent time outside, socializing with friends and talking with some guardsmen among the blooming lilacs. I have heard different accounts of this story, some say Allison placed a flower in the barrel of Guardsman Meyers’ rifle, others say the flower was already there. What is certain, is that guardsman’s smiling face is absolutely beaming in the photographs that have preserved that moment in time, with Allison, the flower, his rifle, and the irony and release of tension they all felt in that moment, as human beings who were on opposite sides of a conflict. And when Allison witnessed that guardsman’s superior come along and reprimand him there for having a silly flower in his gun barrel, Allison responded,

“WHAT’S THE MATTER WITH PEACE? FLOWERS ARE BETTER THAN BULLETS!”

The next day Allison and Barry joined the increasingly tense voices on the commons as the students squared off with the heavily armed National Guard. In Payne’s May Day: Kent State, I found Barry’s accounting of these final moments of Allison’s life, which provides such insight into her character:

As we stood on the hill watching and waiting for the soldiers to make their move, Allison ripped in half the moistened cloth she had brought for protection against tear gas. Another dispersal order was given, yet no advance was made, so Allison felt safe in running a few yards to give a friend part of her already compromised cloth. She tore hers again and gave him half. It was a small gesture, but one that so clearly demonstrated her consideration and willingness to share. Tear gas was already being fired as she scrambled back to where I was waiting. We stood for a few seconds, watching the soldiers move out behind a screen of gas, before deciding to retreat with a crowd of students. As we began to retreat over the hill, I could see Allison almost beginning to cry. A few steps further she turned to me with tears rolling down her cheeks and asked, ‘Why are they doing this to us? Why don’t they let us be?’ A peaceful assembly was being violently disrupted, breeding anger in most of those being dispersed. However Allison did not feel anger, but rather disappointment and sorrow. Disappointment because the students were not given a chance to gather peacefully, and sorrow because of the violence she felt would ensue. Unfortunately these passive emotions were soon transformed into aggression, for as we retreated, a gas canister landed at our feet, exploding in our faces. It was at this point that Allison’s sorrow changed to anger and her strained tolerance turned to resistance. After a few seconds of recovery, Allison turned in her tracks and froze. She stood in the path of the pursuing troops screaming at the top of her lungs. Having been pushed too far, she now lashed back and I was forced to pull her along, fearing that the distance between us and the oncoming troops was becoming critical. Twice, before we reached the crest of the hill, she turned to speak her mind to these men. Each time I had to pull her onward. Upon reaching the top of the hill, she again turned, and with tears streaming down her cheeks, she screamed and yelled and stomped her feet as if all her yelling might stop these men. The hand drawn to her face holds a wet rag used to protect herself from the gas, and the other holds mine, with which I pulled her over the hill and into the parking lot, a safe distance from the troops. For several minutes we stood in the parking lot watching these men threaten us with their rifles. In response, we cursed them and threw rocks. When they left we followed, all the time screaming and yelling, and then they turned.”

None of the four dead or nine wounded were armed that day with anything truly threatening but their voices that challenged the state’s right to kill. State-sponsored violence against peaceful but vocal citizens was permissible in 1970. This precedent paved the way for continued ongoing police aggression across the country that is with us to this day.

While we commemorate this sad anniversary, let us understand that in the days that followed the Kent State killings, precious lives were lost at Jackson State as well. Yet Jackson State has not remained in the national memory in the same way that Kent State has. As Samaria Rice joins us here today, a courageous and outspoken mother standing up to the police who took the life of her son Tamir, we are reminded that while our Kent State students were murdered for their political beliefs, to this day American citizens continue to be targeted simply on the basis of their race. It was a feature of the killing at Jackson State that tragically and egregiously continues to this day. I would like to take this occasion to remember Jackson State, as well as to honor the life of young Tamir Rice. My cousin Allison would want us to do this.

My name is Jennifer Schwartz. I find pebbles in my pocket every time I visit Allison’s grave, carrying rocks with me to lay upon her headstone as a symbol of my remembering.

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January 25, 2016 from the Mendocino coast

Doris L. Krause, mother of Allison Krause killed in the Kent State massacre of May 4, 1970, peacefully crossed over on January 17, 2016 in the loving arms of her family

Eulogy for Doris L. Krause from her daughter, Laurel Krause

optionfour (1)Last week while I was walking along the California coast near my home, I was called to my mother Doris Krause’s bedside by hospice caregivers informing me that her time was near. Mom had stayed in Pittsburgh, our family home, perhaps for the same reason I went very far away. We shared a tragedy in our family that broke our hearts and wounded our spirits but ultimately deepened the love between us in ways we might not have otherwise known. We have carried this wound for so many years but I arrived back home in Pittsburgh to experience a profound healing with Mom. I am moved to share our experience as we lay her body to rest.

It is well known among you all that our family has been troubled by my sister’s Allison’s killing by the US military as she protested the Vietnam War on her campus, Kent State University. What you may not know is the ensuing US government pressure and harassment of our family that affected every aspect of our life since May 4, 1970. The pain of losing my beautiful sister was unspeakable to me. I carry her loss with me to this day, as I do her immense, magnanimous spirit. But my mother lost a child. And that is perhaps the greatest burden of all. When we add to this how unnecessary Allison’s death was, the betrayal of it being carried out by a government meant to protect us, and the crushing pressure of the denial of accountability for now decades, I am truly astounded by the grace and fortitude with which Doris faced this legacy.

When my father Arthur passed away in 1988, my mother was left to maintain our now small family on her own, along with me, to honor Allison’s legacy.

We have walked a difficult path together but this week, all our troubles fell away. My mother and I loved each other without limit, and got beyond our lifelong hurt in losing Allison in such a painful, public way. All that mattered in our time together this past week was the love we shared, the joyful memories of growing up together, the laughter and the eternal bond we carry with us.

Mom and I found a way to let our mutual pain go. We expressed our deep gratitude to each other for sharing so much love, and most importantly, we found peace.

Mom shared with me that she was afraid to go to the other side but I was blessed to be able to walk her over and let her know about the welcome banquet being prepared in her name. That our beloved dog LB was ready to greet her and that my father Arthur and sister Allison had been waiting too long for her arrival.

At 90 Mom has been severely health challenged these last few years. As we walked together, I saw her leave her troubles and suffering behind. She went home to my father now gone 28 years. She has been able to embrace her daughter Allison, now gone almost 46 years and I watched and encouraged her. My sister had stood for peace and had died in its service. We have since been honoring her memory with our own commitment to peace. And as my mother left this world at my side, I saw for the first time … my mother at peace. And I know that she is now free.

Voiced at the graveside service of Doris L. Krause by Laurel Krause on January 19, 2016

Artwork by Roger Ballas

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________________________________________________________________________

 

         United States’ Compliance with the

International Covenant on Civil and Political Rights

Kent State Truth Tribunal

Response to Follow-Up Report

4th Periodic Report of the United States

from the

110th Session of the Human Rights Committee, Geneva

March 2014

________________________________________________________________________

Read this report at the UN webpage http://bit.ly/1cxCnbY

1 May 2015

I.    Investigate & Examine the Kent State Audio Evidence

Seeking a credible, independent and impartial investigation into the Kent State audio recorded on May 4, 1970 during the Kent State Massacre (Article 2 (Right to remedy); Article 6 (Right to life); Article 19 (Right to freedom of expression); Article 21 (Right to peaceful assembly))

II.   Reporting Organization

The Kent State Truth Tribunal (KSTT) was founded in 2010 upon the emergence of new forensic evidence regarding the May 4, 1970 Kent State Massacre. KSTT is an NGO focused on revealing truth and bringing justice to Kent State Massacre victims and survivors.

Less than a day before her unlawful killing at Kent State University, Allison Krause said, “What’s the matter with peace? Flowers are better than bullets”. On May 4, 1970 Allison Krause was shot dead by U.S. military personnel as she peacefully protested the American Vietnam War and stood for PEACE.

Representing Allison Beth Krause, 19-year-old Kent State University student protestor slain on May 4, 1970: Doris L. Krause, mother & Laurel Krause, sister.

III.  Related Concluding Recommendation of the Committee & the US Delegation’s Response:

At the US 4th Periodic Review on March 13, 2014, two UN Human Rights Committee members addressed the submitted issues of the Kent State Truth Tribunal. Messrs. Walter Kaelin and Yuval Shany flagged the United States regarding the killing at Kent State in several expressed reasons including lack of accountability, concerns related to command responsibility, the use of excessive and deadly force by the military and law enforcement, and US investigatory practices when credible, forensic evidence emerges 40 years later.

The next day the US delegation offered:

We were asked about Kent State: In 1970 four students were killed, were murdered. Nine were wounded. In 1974 the US Department of Justice prosecuted eight of the officers involved in that. The Judge threw out that prosecution. There is nothing we can do now. Between double jeopardy and the statute of limitations, there is nothing we can do. We are aware that there are some who say there’s new evidence. We have looked at that new evidence and that new evidence does not make an unprosecutable case prosecutable.”

Even though the United States claimed Kent State was “murder and killing”, their recent April 1, 2015 response does not include any action taken with regard to the Kent State “unlawful killings”, as outlined in the March 2014 UNHRC concluding recommendations:

The party should ensure that all cases of unlawful killing, torture or other ill-treatment, unlawful detention or enforced disappearance are effectively, independently and impartially investigated, that perpetrators, including, in particular, persons in positions of command, are prosecuted and sanctioned, and that victims are provided with effective remedies. The responsibility of those who provided legal pretexts for manifestly illegal behaviour should also be established.”

The Kent State Truth Tribunal United Nations Reports:

February 2013 Kent State Truth Tribunal UN Submission ~ http://bit.ly/1f2X25i

October 2013 KSTT Shadow Report ~ http://bit.ly/1kBSjfa

February 2014 KSTT Final Update ~ http://bit.ly/1ezn0cG

March 2014 KSTT Addresses the UN Human Rights Committee ~ http://bit.ly/1dgliTW

After the US 4th Periodic Human Rights Review at the United Nations, this tshirt design was created by artist Josh Starcher for the Kent State Truth Tribunal:

KSTT_Reunion13

RECOMMENDATION: The United States must examine forensic evidence of expert Stuart Allen’s digital analysis of the Kent State tape and acknowledge his findings.

IV.  US Unlawful Killings Require Acknowledgement, Credible Investigation & Accountability

When the United States Delegation said, “In 1970, four students were killed, was murdered”, the long held US position that the killings at Kent State were simply a ‘civil rights’ matter was extinguished forever.

Now that the deaths at Kent State have been acknowledged by the State as murder, US authorities are required to treat the Kent State recording as evidence from a cold case homicide, and the tape must be credibly, impartially and independently investigated as noted in the United Nations Human Rights Council from the 26th session on the “Promotion and protection of all human rights, civil, political, social and cultural rights’ mandate of the Special Rapporteur on extrajudicial, summary and arbitrary executions:

the obligation of all States to conduct exhaustive and impartial investigations into all suspected cases of extrajudicial, summary or arbitrary executions, to identify and to bring to justice those responsible, while ensuring the right of every person to a fair and public hearing by a competent, independent and impartial tribunal established by law, to grant adequate compensation within a reasonable time to the victims or their families and to adopt all necessary measures, including legal and judicial measures, in order to bring an end to impunity and to prevent the recurrence of such executions, as stated in the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.”

The requirement for effective investigation includes acknowledgement of new evidence in accordance with international norms such as the United Nations Manual on the Effective Prevention and Investigations of Extra-legal, Arbitrary and Summary Executions, U.N. Doc. E/ST/CSDHA/.12(1991). http://www1.umn.edu/humanrts/instree/executioninvestigation-91.html#11

V.   The Current Instituted History of the Kent State Massacre Confuses, Censors and Obfuscates the May 4, 1970 Unlawful Killings

Instead of examining the Kent State tape that emerged in 2010, the US Justice Department has refuted the provenance of the tape, ignored the new evidence, confused what was discovered, discredited the forensic expert and censored the 2010 forensic findings in the Kent State tape. This behavior echoes the tremendous effort on the part of the US government, Kent State University and US Justice Department to hamper and derail efforts for restorative justice to be achieved and Kent State truth to be known by the public since May 4, 1970.

Back in 1979, after nine years of civil litigation, where Kent State plaintiffs sued for wrongful death (the only legal option in the American judicial system), an out-of-court civil settlement was reached, including $15,000 paid by the State for the death of Allison Krause and a statement of regret signed by the Kent State shooters.

Rediscovered on September 2014, was the Kent State Civil Settlement Statement of 1979, authored and signed by the plaintiffs, which shared the sentiments of all harmed in the May 4th Kent State Massacre. The Settlement Statement includes hard-fought-for recommendations to the US government that were patently ignored, never implemented and could have protected the lives of countless Americans.

Following the emergence of the new Kent State evidence, in 2012 Kent State University constructed a $1.1 million visitor center near the killing site. The visitor center exhibits are not factually accurate and whitewash US government complicity; the new Kent State tape evidence is buried, and when mentioned, criticized.

In 2011, forensic expert Stuart Allen was interviewed by CNN on his findings in the Kent State tape and until recently the interview was available to be viewed at CNN.com. This year Stuart Allen’s CNN Kent State interview was removed from the CNN website; watch the CNN scrubbed Stuart Allen interview on youtube.

Will we ever learn the truth of what happened at Kent State?

To date there have been no credible investigations into what occurred at Kent State. This is a terrible precedent. Americans still do not have access to true knowledge through credible investigation of what occurs when US law enforcement and the military kill civilians. The same, flawed US grand jury system only exonerates and protects the police and those in authority. There is no facility for redress in America. Instead victims and surviving families are encouraged to “move on” yet many survivors suffer from harassment by the FBI for many years to come.

RECOMMENDATION: In the coming days, the Kent State Truth Tribunal will be making application to the Special Rapporteur on Extrajudicial, Arbitrary and Summary Execution, Mr. Christof Heyns. Mr. Heyns was recommended by Ms. Maria Clara Martin, Chief Americas Sections at the UN in March 2014.

VI.  Truth Tribunals: A New Standard for Citizen-Organized Accountability in America

When the courts fail to bring justice to the injured and when governments prefer to neglect their role in such tragedies, families sometimes turn to alternative means of gathering the truth. After years of exhausting efforts to find out what happened on the day of Allison’s death, and failure to receive any meaningful recognition for the injury suffered by our family, we established the Kent State Truth Tribunal on the 40th anniversary of the killings. We felt the imperative to do this for our family and to come together with others to create an accurate historical account of what occurred at Kent State, also honoring and preserving the first person narratives of original witnesses and participants.

When young Michael Brown was shot to death by US law enforcement in Ferguson, Missouri on August 9, 2014, Allison’s family watched the efforts of the United States to investigation Michael Brown’s unlawful killing, especially noting the parallels between Michael’s killing and Allison’s.

First a State grand jury was instituted and at the conclusion, those in authority failed to bring criminal charges for killing and exonerated US law enforcement. We recognized the similarities in the government’s handling of the killings at Kent State. The results were almost identical with the State grand jury not capable of indicting the police officer that shot Michael dead. Those in authority in Ferguson and at the US Justice Department viewed the killing of Michael Brown through a ‘civil rights’ lens, outrageously ignoring the much more critical crime involved in Michael’s killing by US law enforcement.

Ever since August 2014, deaths of people of color, particularly young people, at the hands of US law enforcement, have been dealt with as civil rights issues, neglecting to hold anyone accountable for the State killing civilians. In America there is no recourse, nor any other judicial avenue, no possibility for redress for acts of State-sponsored murder.

It has become clear that accountability is impossible in the current American judicial system. Because of the flawed system and since the witnesses and participants of civilian death by US law enforcement at Ferguson (Cleveland, Baltimore and more) will not have their truth recorded, known or honored, we wish to offer the use of the Truth Tribunal methodology to enable a citizen-organized campaign for accountability in these situations.

RECOMMENDATION: The Kent State Truth Tribunal seeks direction and support from the United Nations in offering the facility of citizen-organized Truth Tribunals to those harmed by State-sponsored, unlawful killings in America. Our goal is for the KSTT and the United Nations to work together to bring restorative justice and accountability to the United States. How may we get started?

VII.  The Allison Center for Peace

Later in 2015 we will be inaugurating the Allison Center for Peace, a peace destination in America, creating an environment for the discussion and development of peaceful solutions, and focused on fostering peace in America.

As we form our center for peace in America, we invite the United Nations to become involved as a founding partner.

RECOMMENDATION: The Kent State Truth Tribunal wishes to explore an on-going relationship with the United Nations in the development of the Allison Center for Peace on the Mendocino coast of Northern California.

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January 11, 2015 from the Mendocino coast

A birthday blog for my father Arthur S. Krause on his 90th in this vintage review of I.F. Stone’s 1971 book, The Killings at Kent State, How Murder Went Unpunished

Our Allison was one of ‘Four Dead in Ohio’ … shot to death by US military personnel as she protested the Vietnam War on her Kent State University campus at noon.

Read the true story of Kent State, Jackson State and as you consider these facts, please realize that American leadership’s standard judicial remedy for the murder of civilians is to offer and institute the American grand jury system. Whether in 2015 or in 1970, official US grand juries continue to fail to enable truth, redress, accountability or justice for Americans, especially when American civilians are killed by US law enforcement.

A Harvard Crimson Book Review: I. F. Stone’s Exposing Kent State by Garrett Epps, February 16, 1971, full article

arthur.krause.ksu.1975-1-1THE “forces of order” disposed of six students last May-four whites at Kent State and two blacks at Jackson State. Immediately after the shots were fired, in each case, the killers and the officials who dispatched them began covering up the crime and preparing to use the legal system to discredit and punish “ringleaders.”

At Jackson, the local police, the Mississippi Highway Patrol, and the authorities proceeded with coldblooded efficiency born of long practice, using well-established administrative practices to cover up the wanton murder of blacks. As soon as the troopers had stopped firing, the Scranton Commission reported, they calmly picked up and hid the shell casings lying on the ground. They then agreed on a story and stuck to it in their testimony before the Hinds County Grand Jury and their replies to FBI investigators. All of those interviewed denied shooting-a story so ridiculous that even the local grand jury, which found the murders justified, called their declarations “absolutely false.”

After further questioning, the Highway Patrol produced a few shells which it had forcehandedly saved-all were from city police guns. When confronted with this evidence, three Jackson policemen admitted that they had fired. However, neither the local nor the federal grand juries felt compelled to consider charges under the perjury or “false declaration” laws, Instead, they turned the shell casings over to the FBI. Before recessing, however, the county grand jury indicted a young black named Ernest Kyles for arson and inciting to riot.

The cover-up mechanism here was strong; it was roughly the same as that used by the authorities in Orangeburg, S.C., in 1968, after troopers there shot and killed three black students and wounded twenty-seven. Although nineteen policemen were indicted for the shootings, they were later acquitted, returned to duty, and promoted.

It seems unlikely that the Jackson State cover-up will be broken and the guilty punished-especially since the Nixon administration has given unmistakable notice that it is not very interested in pushing investigations into murders of blacks by whites upon whom it is depending for reelection (FBI agents interviewing the police in Mississippi did not bother to keep written records of the interviews-a standard practice intended to make preparing a case easier for local prosecutors).

Initially, the killings at Kent State and the after-math follow the same pattern: disorder breaks out, deadly force is called in to quell it, people are shot at random, evidence is suppressed, and a kangaroo tribunal returns indictments against the victims while clearing the killers. This is what happened during the summer and early fall at Kent: a grand jury cleared the Guardsmen, while indicting 25 students on charges of riot, arson, and unlawful assembly. The report-including a passage which stated that the responsibility for the shootings lay with the students, faculty, and Administration of the University-was published. It seemed likely that the students would be tried and sentenced and the matter forgotten.

BUT the analogy has broken down; for the victims at Kent were not blacks (whose murders are accepted as a matter of course by most of the white middle class), but-as the media never tired of repeating-the children of middle America, kids like the kids next door.

Liberal response was impressive-Ramsey Clark and Mark Lane, among others, came to Ohio to defend those indicted. The pressure has paid off in some partial victories for the Kent 25: two weeks ago, a Federal district judge invalidated the Ohio grand jury report and ordered all available copies burned because it might prejudice jurors if the case came to trial. Ohio State Attorney General William J. Brown is appealing the case and opposing a move to quash the indictments which followed the decision, but it now seems possible that most of the Kent 25 will get off.

I.F. Stone has written a book, The Killings at Kent State which illuminates some of the pressures which caused the shootings and the cover-up which followed. Moreover, he has published some official documents which reveal how the cover-up was effected-including an FBI report prepared in June which says “we have some reason to believe that the claim by National Guardsmen that their lives were endangered was fabricated subsequent to the event.” The book is partly a collection of pieces about the shootings which Stone wrote late last year for the New York Review of Books, with a special report by the Akron Beacon-Journal, a summary of the FBI report-never published before-and the text of the original grand jury report appended.

He also deals with Jackson State, but there he found less information to go on. The Justice Department and the media have taken less of an interest in Jackson: what happened there was established procedure. As Attorney General John Mitchell said last month: “The case is closed. The judicial process has taken its course.”

Stone has been around for a long time, and he can see through official lies and half-truths better than any other American journalist. He also has a large capacity for liberal outrage, and he finds plenty to anger him in the Kent situation. It is apparent that, from the decision to call in the National Guard until the publication of the Grand Jury report, the students at Kent State were victims of a cynical political system that counted their deaths merely as embarrassments or opportunities to entrench itself further in power.

Ohio Governor James Rhodes took over the handling of the Kent situation personally on Sunday, the day before the murders. The night before, students had burned the ROTC building on campus, slashing hoses when firemen came to put out the fire. Rhodes went to great lengths to demonstrate that he was hopping mad. He told a press conference that he had ordered the Guard to break up all assemblies on the campus, regardless of whether or not they were violent.

Pounding his fist on the table, he intoned, “We’re going to employ every force of law that we have under our authority. . . . We are going to employ every weapon possible. . . . You cannot continue to set fires to buildings that are worth five to ten million dollars [the ROTC building was valued at about $50,000] . . . . These people just move from one campus to another and terrorize a community. They’re worse than the brown shirts and the Communist element and also the night riders in the vigilantes [sic]. They’re the worst type of people that we harbor in America. . . . There is no sanctuary for these people to burn down buildings. It’s over with in Ohio.”

Some of Rhode’s deep moral outrage may be explained by the fact that he was running for the Republican Senatorial nomination in a primary two days away. Anti-student measures were good politics and Rhodes seized the chance to show what a tough guy he could be by turning the Guard loose on the Kent students with orders to let them have it.

THE GUARD he was using to prove his point was a weapon with a hair-trigger. The Ohio National Guard is the barony of Gen. Sylvester T. Del Corso, a former Army Colonel with the habit of keeping his office clock four hours fast. Del Corso appeared on televised hearings of the Scranton Commission last summer, sporting a complacent smile and carrying a large rock and a length of steel pipe which he claimed students had thrown at his men. Corso had achieved fame in Ohio before Kent by denouncing Cleveland Mayor Carl Stokes as a tool of black revolutionaries and Communists, and by blaming permissiveness and a Communist conspiracy for ghetto riots. His Guard was one of the few in the nation which routinely carried live ammunition, and it had standing orders to shoot back at snipers.

Before being ordered to Kent on May 2, the Guard units involved had spent four days on active duty fighting a wildcat strike. When the order came, one-third of the force was assembled and given a one-hour review lesson in riot control. Then the whole detachment piled into trucks and headed for the campus.

Rhodes and Del Corso had both made it clear that the Guard should not feel inhibited about their methods in breaking up student demonstrations. Students-all students-were the enemy. The Guard had no clear function on campus. It was there to punish the campus for being unruly, for being antiwar, for being young. It was there to garner a few points for an ambitious politician.

The Guardsmen shot, killing four and wounding [nine]. No one can make any sense out of the shooting; there was no sniping; the Guardsmen were neither in danger nor even surrounded; the number of rocks thrown was not large; and there was even plenty of tear gas-both FBI reports and the report by the Beacon-Journal make these facts clear. The only gun seized on campus that day belonged to a student taking pictures for the campus police. [Allegedly from Terry Norman, KSU student and FBI Informant/Provocateur]

The Guardsmen were acting on an ideology enunciated by Nixon, Agnew, and Del Corso. The students were the enemy, the American Viet Cong, guilty of the crime of being in the way. The Guardsmen had been given a focus for their anger, given live ammunition, and told to take care of the situation. No one can contend that they shot cold-bloodedly, taking out their anger like the hardhats. Undoubtedly they fired in blind, tired, nervous panic. But the shells had been loaded and the powder primed very carefully in Washington and Columbus.

Rhodes lost the primary the next day and went into seclusion, refusing to speak to reporters for three weeks. But the cover-up was under way before that. According to the FBI report, the Guardsmen got together and agreed to say that they had been in danger and had fired to keep from being overrun by students who wanted to grab their guns and bayonet them. The Beacon-Journal report explodes this flimsy story by quoting a Guardsman as saying, “The guys have been saying that we got to get together and stick to the same story, that it was our lives or them, a matter of survival. I told them I would tell the truth and I wouldn’t get in trouble that way.”

THE FBI reports also destroy the story, reporting that only one Guardsman was seriously injured in the action before the firing, and that “the Guardsmen clearly did not believe that they were being fired upon.” Photographs do not show Guardsmen crouching or seeking cover from rocks. And, the report says, “We have some reason to believe that the claim by Guardsmen that their lives were endangered by the students was fabricated after the fact.”

The Ohio Grand Jury that met to consider the shootings, however, was not programmed to accept these possibilities. It had one purpose: to exonerate the Guard. To have done otherwise, as Stone points out, would have been to condemn Rhodes. The political underlings accepted as a matter of course the Governor’s complicity in the killings and moved to prevent it from being known. Thus, the chief prosecutor read the FBI report but did not submit it to the Grand Jury. He also neglected to call a number of Guardsmen named in the FBI report who gave testimony contrary to the pre-planned conclusion that the Guard had been in danger. Another prosecutor later told the newspapers that the National Guard “should have shot all the troublemakers.”

The grand jury gave the expected whitewash, and the published report expanded considerably on its original mandate. It first dealt with the question of the Guardsmen (simultaneously deciding that a number of students should be charged with riot). The Guardsmen, it said, had “fired in the sincere and honest belief and under the circumstances which would have logically caused them to believe that they would have suffered serious bodily injury had they not done so,” and were “not, therefore, subject to criminal prosecution.”

The report then fixed responsibility for the four deaths on the university administration, which was “permissive”: even though SDS had been banned from the campus for more than a year, the Grand Jury made much of the fact that any other organization could be accredited to use University facilities without prior political screenings. The Administration had even, it charged, allowed a rock concert by “a rock music group known as the ‘Jefferson Airplane'” at which slide projectors had shown shots of the Guardsmen firing at the students.

THE SOLUTION the report proposed was designed to prevent any more Kent States: “Expel the troublemakers without fear or favor.”

The repressive mechanisms swung into action: the 25 were indicted, and tough new laws and rules were inaugurated to make pacification of students easier. One bill, the Ohio Campus Disorders Act, requires that an outside referee be appointed by the Regents of every State University with the advice of the local Bar Association. This referee would hear disciplinary cases of students arrested for-not convicted of-any felony or misdemeanor. He has the unrestricted right to expel or suspend students brought before him.

The Bar Association in Kent nominated Seabury Brown-the prosecutor who had said that “the National Guard should have shot all the troublemakers.”

This nomination was vetoed by the Regents; and it seems possible that the Kent 25 may not be jailed for the crime of having served as moving targets. But the machinery is being honed. Next time it will work better; and soon, it may be as ruthless and efficient everywhere as it is in Mississippi.

It would be satisfying to imagine that this book-thorough and remarkably well-documented, considering the haste with which it was assembled-could cause a public outcry; but it is impossible. Stone told a reporter last week that he did not expect much reaction to the book. “The war has made moral imbeciles of us all,” he said. Truly, six years of escalating war at home and in Vietnam have revealed clearly that our democratic institutions are a sick joke, and the realization has numbed us. We may be beaten to the ground before feeling returns.

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Dean Kahler Speaking to News MediaPlease READ the attached Settlement Statement by the Kent State University Students Wounded and by the Parents of the Students Killed on May 4, 1970 in Cleveland, Ohio offered and signed on January 4, 1979. StatementOfKentStateFamilies


Contents of Kent State Massacre Civil Settlement Statement:

A STATEMENT BY

THE STUDENTS WOUNDED AND BY THE PARENTS OF THE

STUDENTS KILLED AT KENT STATE UNIVERSITY ON

MAY 4, 1970

in

Cleveland, Ohio

January 4, 1979

A settlement of the Kent State civil suit has been reached out of court in an agreement mediated by Federal Judge William Thomas, and for this we are grateful.

The settlement provides for the payment of $675,000 in damages by the State of Ohio and for a signed statement of regret and intentions by Governor James A. Rhodes, Generals Del Corso and Canterbury, and officers and men of the Ohio National Guard.

We, as families of the victims of the shootings by the Ohio National Guard at Kent State University, May 4, 1970, wish to interpret what we believe to be the significance of this settlement.

We accepted the settlement out of court, but negotiated by the court, because we determined that it accomplished the greatest extent possible under present law, the objectives toward which we as families have struggled during the past eight years. These objectives have been as follows:

  1. Insofar as possible, to hold the State of Ohio accountable for the actions of the officials and agents in the event of May 4, 1970 at Kent State University,
  2. To demonstrate that the excessive use of force by the agents of government would be met by a formidable citizen challenge,
  3. To exhaustively utilize the judicial system in the United States and demonstrate to an understandably skeptical generation that the system can work,
  4. To assert that the human rights of American citizens, particularly those citizens in dissent of government policies, must be effected and protected,
  5. To obtain sufficient financial support for Mr. Dean Kahler, one of the victims of the shooting, that he may have a modicum of security as he spends the rese of his life in a wheelchair.

The State of Ohio although protected by the doctrine of sovereign immunity and consequently not legally responsible in a technical sense, has now recognized its responsibility by paying a substantial amount of money in damages for the injuries and deaths caused by the shooting.

State officials, national guard command officers, and guardsmen have signed a statement submitted to the families of the victims of the shooting which not only expresses request and sorrow — eight years belatedly — but also recognizes that another method than the use of loaded combat rifles could have resolved the confrontation at Kent State University. The statement also asserts that better ways must be found for future confrontations which may take place.

The Scranton Commission which investigated campus disorders in the Summer of 1970 said that the Kent State Shooting was, “unnecessary, unwarranted, and inexcusable.” The signed statement of the officials and the guardsmen at least now agrees that the shooting and killing was unnecessary, and now at least, the State of Ohio has assumed responsibility for the act.

We recognize that many others related to the May 4th event have also suffered during the past eight years – including Kent State University students, faculty and administrators, as well as Ohio National Guardsmen and their families. Indeed, we believe that some of the guardsmen on Blanket Hill on that fateful day also became victims of an Ohio National Guard policy which sent them into a potential citizen confrontation with loaded combat rifles. We did not want those individual guardsmen to be personally liable for the actions of others and the policy of a governmental agency under whose orders they served.

Yet the doctrine of sovereign immunity which protects the State of Ohio from being sued without its permission, made it necessary for us to take individuals to court. Only then did the State respond — furnishing more than two million dollars for the legal costs of the defense of officials and guardsmen and finally being willing to pay costs and damages of the victims of the shooting.

We want to thank those that sustained us in our long struggle for an expression of justice. More than 40,000 individuals made contributions of money for our legal costs, students and faculty members on many campuses, but particularly at Kent State University have furnished us effective support. The American Civil Liberties and its volunteer attorneys — as well as many other lawyers — have skillfully and devotedly served us throughout these years. The Board of Church and Society of the United Methodist Church has faithfully supported and coordinated our struggle from the beginning. We are grateful to all of them.

Because of the experience that we have had during the past eight and one-half years, there are other words, which we are compelled to speak. We have become convinced that the issue of the excessive use of force — or the use of deadly force — by law enforcement agencies or by those acting with the authority of law enforcement agencies, is a critical national issue to which the attention of the American people must be drawn.

President Carter, on December 6, 1978, in his speech on the Thirtieth Anniversary of the Universal Declaration of Human Rights, said, “Of all human rights, the most basic is to be free of arbitrary violence . . .” He then noted that citizens should have the right to be free of violence which comes from governments.

We deplore violence in every form for any cause and from every source. Yet we believe the average American is little aware of the official violence which has been used across our land indiscriminately and unjustifiably. Twenty-eight students have been killed on campuses in the past ten years. A long but unnumbered list of residents in minority communities have been killed by police unnecessarily.

We find it significant that just a few weeks ago the United States Commission on Civil Rights held a consultation in Washington, D.C. on, “Police Practices and the Preservation of Civil Rights” in preparation for the conducting of hearings on the use of deadly force in selected cities. That is the issue with which we have had to be concerned. I tis an issue with which a growing number of citizens are becoming concerned.

Through our long legal and political struggle we have become convinced that the present federal law which protects citizens from the deprivation of their civil rights by law enforcement agencies or those acting with their authority, is weak and inadequate. It is a provision which is little used — but when it is used, it has little use. A citizen may be killed by those acting under the color of Law almost with impunity. The families of the victim of those shootings or killings have little recourse and then only through an expensive and lengthy process.

We believe that citizens and law enforcement must, in the words of the signed statement of the settlement, find better ways. We appeal for those better ways to be used not only on campuses but in cities and communities across the land. We plead for a federal law which will compel the consideration and use of those better ways.

We are simply average citizens who have attempted to be loyal to our country and constructive and responsible in our actions, but we have not had an average experience. We have learned through a tragic event that loyalty to our nation and it’s principles sometimes requires resistence to our government and its policies — a lesson many young people, including the children of some of us, had learned earlier. That has been our struggle — for others this struggle goes on. We will try to support them.

For Allison, Sandra, Jeffrey and William
For Peace and Justice
Shalom

Mr. and Mrs. Arthur Krause
Mr. and Mrs. Louis Schroeder
Mr. and Mrs. Martin Scheuer
Mr. and Mrs. Arthur Holstein
Mr. Dean Kahler
Mr. Joseph Lewis
Mr. Alan Canfora
Mr. John R. Cleary
Mr. Donald Scott MacKenzie
Mr. Douglas Wrentmore
Mr. Thomas M. Grace
Mr. James Russell
Mr. Robert Stamps

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Editors Note: On October 10, 2013, the US Delegation to the United Nations Human Rights Committee requested a postponement due to the partial US Government shutdown. The US postponement request was for the United States 4th Periodic Review and the UN Human Rights Committee Secretariat agreed to the request, setting a new date for the US 4th Periodic Review in March 2014, with the exact dates to be determined. News response to the US postponement ~ http://bit.ly/H4M6qD

On February 9, 2013, the Kent State Truth Tribunal and Allison’s family submitted a list of issues to be considered by the United Nations, including Kent State questions to be asked at the United States’ Report on their Compliance with the International Covenant on Civil and Political Rights before the 107th Session of the Human Rights Committee in Geneva, March 11-28, 2013.

AllisonImproved

READ the Kent State Truth Tribunal submission to the UN, HRC full document 130209_ICCPRKentStateFinalA

Kent State Truth Tribunal submission the United Nations, Human Rights Committee

Seeking an independent, impartial investigation into the May 4th Kent State Massacre (Article 2 (Right to remedy); Article 6 (Right to life); Article 19 (Right to fre

edom of expression); Article 21 (Right to peaceful assembly))

I. Reporting Organization

The Kent State Truth Tribunal (KSTT) was founded in 2010 upon the emergence of new forensic evidence regarding the May 4, 1970 Kent State Massacre. KSTT is a non-profit organization focused on revealing truth and bringing justice to Kent State massacre victims and survivors.

Representing Allison Beth Krause, 19-year-old student protester slain at Kent State University on May 4, 1970: Doris L. Krause, mother & Laurel Krause, sister.

II. Issue Summary

On May 4, l970 members of the Ohio National Guard fired between 61 and 67 shots into a crowd of unarmed anti-war protestors at Kent State University in Kent, Ohio, killing four and wounding nine students. For over 40 years, the government has claimed that the Guardsmen did not fire on command, and instead shot in self-defense after hearing sniper fire in the crowd.

In 2010, new forensic evidence emerged debunking this theory. The evidence consisted of a tape recorded by a Kent State student during the shooting. Though the original tape, known as the Kent State Strubbe tape, was destroyed by the Federal Bureau of Investigation (F.B.I.) in 1979, a bonafide copy of the tape was located in 2007 and was analyzed in 2010 by an internationally accredited forensic expert. The analysis, derived using state-of-the-art technology that was not available in prior investigations of the shooting, demonstrates that there was a ‘command to fire’ at the protestors. Moreover, the enhanced tape identified four pistol shots fired 70 seconds before the command as coming from an F.B.I. informant’s pistol to create the ‘sound of sniper fire.’ Although the U.S. Department of Justice (DOJ) received this new evidence, the Department declined to re-open its investigation of the Kent State shooting.

The victims of the Kent State massacre and their families have been unable to obtain access to meaningful redress. In 1974, federal charges against eight members of the Ohio National Guard of willfully violating the rights of the dead and wounded students were dismissed because, according to the judge, the government had failed to prove its case. In 1979 a civil rights settlement was reached with the issuance of a signed Statement of Regret and $15,000 for Allison B. Krause, one of the victims of the Kent State shooting. However, the settlement did not include an apology. Moreover, the federal charges and settlement were centered on civil rights and constitutional violations – there has yet to be a criminal indictment for murder. Additionally, as investigations of the shooting have thus far only been conducted by government entities, there has yet to be a credible, impartial, and independent investigation of the Kent State shooting. Moreover, the U.S. military has failed to address the use of live ammunition on college campuses and whether appropriate force was used on protestors at Kent State.

Failure to ensure justice and accountability for the Kent State massacre has set a precedent that the U.S. can continue to harass, abuse, and even kill protestors. Just ten days after the Kent State massacre, two student protesters were murdered by state police as they protested the Vietnam War on the Jackson State University campus. American authorities have stated ‘snipers’ prompted the firing of military weapons at student protesters, just as at Kent State University. Unfortunately suppression of peaceful assembly continues today. Since the ‘Occupy’ movement began in 2011, protestors have been labeled as ‘domestic terrorists’ by the F.B.I. and have been arrested in massive numbers for peaceful protests and assemblies. Until the U.S. conducts a credible, impartial and investigation into the Kent State shooting, and provides redress for victims and their families, protestors in the U.S. will continue to be at risk of being deprived of their fundamental rights without accountability.

III. U.S. Government Report and Prior Recommendations

Although the U.S. has not addressed the Kent State shooting in its periodic reports to the Human Rights Committee, it has professed support for the right to remedy, compensation for victims of crimes, and the obligation to conduct independent, credible, and thorough investigations into violations of rights, especially the right to life.

In 2010 and after two failed investigations, the United Kingdom finally organized a legitimate, impartial investigation into Bloody Sunday, a 1972 massacre that was strikingly similar to the May 4 Kent State shooting. The Bloody Sunday investigation overturned all prior examinations and admitted to wrongdoing by the State. At the time, the U.S. welcomed the publication of the resulting Bloody Sunday Inquiry report and expressed hope that “the completion of the independent inquiry’s work and publication of its report will contribute to Northern Ireland’s ongoing transformation from a turbulent past to a peaceful future.”

On the international stage the U.S. has called upon nations to uphold the rule of law and respect the right to peaceful assembly. This was particularly evident during the ‘Arab Spring,’ as the Obama Administration called for accountability when government officials suppressed speech and killed and injured protestors. What the Administration has preached abroad, however, is not always practiced at home.

IV. Other UN and Regional Bodies Recommendations

In November 2012, the Organization for Security and Cooperation in Europe (OSCE) released a report conveying concern about the use of excessive force and undue restrictions on peaceful assembly in 11 countries, including the U.S. The report mentioned specific abuses with regards to Occupy Wall Street and recommended U.S. authorities ensure the right to free assembly, take efforts to limit the use of force by law enforcement officials, and ensure that allegations of police misconduct are promptly and thoroughly investigated. In a letter to Secretary of State Hillary Clinton in December 2011, the U.N. Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and U.N. Special Rapporteur on the rights to freedom of peaceful assembly and of association called on U.S. officials to “explain the behavior of police departments that violently disbanded some Occupy protests last fall” and reminded the U.S. government of its obligations under international law to “take all necessary measures to guarantee that the rights and freedoms of all peaceful protesters be respected.”

V. Recommended Questions

1. Given the new forensic evidence emerging in 2010 related to the murders at Kent State, for what reasons has U.S. Department of Justice chosen to refuse to conduct a new, independent, impartial inquiry into the killings?

2. What lessons have American leadership learned from the May 4th Kent State Massacre? Under what circumstances will deadly, lethal force and war-grade weapons be used against peaceful American protesters, including on university and college campuses?

3. What steps will the U.S. government take to ensure that protestors are allowed to protest and assemble freely, without fear of intimidation, arrest, physical injury or – more seriously – murder?

4. Will the United States conduct an impartial, independent examination of the Kent State massacre?

5. What steps will the U.S. government take to ensure that the F.B.I. does not violate the fundamental rights of protestors, including the right to life?

VI. Suggested Recommendations

1. Conduct a full, independent and credible investigation into the May 4th shooting and killing of 13 American protesters at Kent State University. Such an investigation must consider the new evidence and ensure that victims and their families have the right to be heard and given an opportunity to present evidence and testimony.

2. The U.S. government must ensure that all incidents involving the killing, injuring or unlawful use of lethal force against protesters are promptly and impartially investigated, the perpetrators held accountable, and the victims and their families are provided with adequate information on the investigation and full redress. This should include a criminal investigation and prosecution of perpetrators in addition to other legal remedies for violations of civil and constitutional rights.

Read the full document ~ 130209_ICCPRKentStateFinalA

Kent State Makes It to the U.N., Human Rights Committee http://bit.ly/10xZebQ

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