Posts Tagged ‘human rights’

The cop is the thef – how the UN violates my free speech rights and its own Charter

October 15, 2015

I have been banned again from commenting by UN on its Facebook page, for the second time, after I exposed UN’s new tricks of censorship on my post. As a note to banning me, the UN began to acknowledge that it deleted some comments, for reason of “not related to the content of this post”. This is certainly not the reason for banning me. My posts for most of time are related to the content of the UN posts, and until now, there are still a lot of posts by other IDs that are not “related” to the content of UN posts. Further question to UN: why then, the UN’s rights bodies would go around the world admonishing those developing countries for “political censorship” in violation of free speech rights? Like in China’s case, the social media there only did exactly what the UN is doing, not allowing certain “off topic” etc. posts. Yet what Chinese media did has been labeled by UN’s human rights country report and US Department of State’s human rights report as “political censorship” or media “self censorship/restraint”, etc. Is this “Do as I say, not as I do”? A complete hypocrisy. A total tyranny. The UN has tried hard to silence me, first banning me from commenting, after I registered another ID to come again, programming out my post from other people’s view while still in my view – what a disgraceful trick. I wonder what kind of right you have to call yourself the United Nations? It ought to be called the United Nations of the USA.

Since the UN fears my posts so much as to go out of line to ban me repeatedly and play tricks to hide my posts, my story must be of great significance in revealing the Western powers’ human rights hypocrisy.

“neither america nor canada is afraid of ‘disappearing’ people who they think actually pose a threat to them”

August 25, 2015
“neither america nor canada is afraid of ‘disappearing’ people who they think actually pose a threat to them. So the fact that you are here and not gitmo, some yukon cell, or six feet under ALONE should tell you that they jut don’t give a damn about what you think.” This is what I received when I was posting on Yahoo message board about my story of being racially persecuted by Canada and US governments. He further goes on to tell me that those Defendants of my human rights case would rather “get rid of you” in stead of “having to face your endless lawsuits”. The poster stated he is an American. He spoke in such a certainty and such an open and blatant way, that I am sure he must be a government insider. The US government never denied my allegation the poster is a US government agent.
All law enforcement agencies in the US refuse to investigate this death threat against me. So, while I became a criminal only for being coerced by the Canadian government to testify my thoughts that “If they are going to kill me, I’m going to kill them, too”, the agent goes scot free for threatening to kill me and disappear me by the US government, blatantly in public. And while my testimony at the human rights tribunal was guaranteed immunity from prosecution under the Constitution, there is nothing at the US laws that can allow the poster to evade prosecution for his death threats. I sued the US law enforcement authorities. The court ruled the application of criminal laws in US is an absolute free choice/discretion of government agents, so it is LEGAL for the US law enforcement authorities to deny protection of criminal justice to colored persons like me. This is the so called “legal discrimination”.
Yet the UN’s human rights bodies endorses such a discrimination for US and Canada, literally  offering them the “impunity of human rights violations”. Because the UN refuses to even acknowledge the receipt of my human rights complaint against Canada and the US.

The UN human rights bodies’ double standard on Canada and China’s rights records

July 8, 2015

Now, the UN human rights committee is reviewing Canada’s human rights record. This is only a show, for both the UN and Canada.

The UN human rights bodies only selectively hear human rights complainants’ voice on political considerations. An example: while vigorously hearing the human rights complaints from the Chinese against China, these UN bodies turn away human rights complaints from the same Chinese against the Western countries like USA, Canada, etc. to cover up for these countries. I know at least 3 Chinese in US and Canada who brought human rights complaints to UN against the US and Canadian governments, but all of their complaints were turned a blank eye on by the UN.

My experience with UN probably is the most dramatic. In 2004, The Office of “High Commissioner for Human Rights” (HCHR) of UN, then headed by Louise Arbour, a former judge of Supreme Court of Canada, seized all the complaints I sent to UN’s various human rights bodies, and returned them to me, in violation of the UN’s human rights complaint procedures. I then brought a Complaint against this HCHR and the Secretary of the Human Rights Committee, Mr. Markus Schmidt to the President of UN General Assembly. But my Complaint was transferred back to the HCHR by Secretary of the President’s Office, Tony Gallagher of the USA, without consulting with any officials of the President’s Cabinet.

When I protested to the HCHR on grounds of conflict of interests, “Secretary” of the Human Rights Committee, Mr. Markus Schmidt called me and told me that he was “assigned” to my case by the HCHR, and “you don’t expect this Office will assist you”. Please see the letters that I wrote to the HCHR for details.

Obviously the UN’s human rights bodies are not accessible to people like me, whose human rights complaints are against the Western powers and who do not belong to a politically powerful and active ethnic groups such as the African Americans. This should change. As anyone has human rights, and is entitled to be heard at international human rights bodies.

‪#‎humanrights‬ ‪#‎unitednations‬ ‪#‎un‬ ‪#‎canada‬

US court legalizes selective law enforcement – No Constitutional right to equal protection to minorities

May 4, 2012

Many of my poor countrymen like Chen Guangcheng, have been brain washed to imagine the US as a human rights defender.  The truth, as testified by my human rights case in US and Canada, is the US and the West will brutalize on any Chinese with Fascist racial persecution, and there is no Constitutional right to equal protection of law to persons of color, as there is another law made by court applying to them that gives the law enforcement agencies the right to selective law enforcement towards different persons – by their choice.

Their choice is on basis of race, just as the Blacks already blame it for their mass incarceration. The US law enforcement agencies the exercise this “lawful” choice, so “lawfully” refused to investigate the felony crimes committed against me by the Whites and their non-White accomplices, yet I was incriminated on a bogus charge. Even the US government is free to threaten me with death and forced disappearance without any liability. All because I challenged a professor’s White supremacy theory.

The right to free speech is also selectively enforceable in US on political basis. My Internet free speech has been censored by the US government, including Department of State, and by all the major private media. When I sued, the court ruled that the private media are not “government actors” so not liable for violating my free speech rights, as for the real “government actors” like the Department of State, the court ruled they are “immune” from lawsuits. NO free speech to challenge racism.

 

1991, I, Wanxia Liao, a then MA student, challenged a U of Toronto professor David Waterhouse’s theory “beauty is a European concept” and Asians didn’t have it in history, he lost and retaliated against me with a series of fraud in violation of the university’s grading rules, and further racial prejudice that poor Chinese still wanted to claim historical inventions. I complained to the University and then the Ontario Human Rights Commission (OHRC) but was retaliated until I was criminalized.

The OHRC conspired with an American government employee, UC professor James Cahill to criminalize me. When at first I declined to answer some of the Commission’s questions, the OHRC compelled me to testify “everything true”, and offered me an unconditional confidentiality guaranty. Then Cahill deliberately disclosed to me his conspiracy with the U of T and the Commission, when I was devastated, the OHRC questioned me as to what I would do now that my case would be dismissed at the Commission.

When I answered this question of the Commission on phone I cried “If they are going to kill me, I’m going to kill them too”. This is my alleged crime of death threat to Waterhouse. Although I never spoke of anyone’s name, the judge convicted me on a “guessing” that I “meant” Waterhouse. It is a deprivation of my Constitutional immunity right against self-incrimination for government compelled testimonies and right to criminal justice for I was convicted on no factual evidence but a guessing.

Meantime, none of the felony crimes committed against me by US and Canadian government officials has been even investigated: perjuries committed by James Cahill, and by OHRC officer Alan Strojin; forgery of court document, perjury, falsifying evidences, etc. committed by US District Court judges Saundra Brown Armstrong and Phyllis Hamilton; death threats, threats of government forced disappearance against me made by an US government agent on Internet, etc.

I sued the US Department of Justice and FBI in court for violation of my right to equal protection by law. The court has dismissed my case, stating that I have no right to require the law enforcement agencies like the FBI to investigate my criminal allegations, because it is their choice, discretion, not their mandatory legal duty, to decide whether to investigate a criminal allegation, so they do not owe me a legal duty that I can sue to enforce.

This is legalized selective law enforcement. when the alleged perpetrators are Whites and their non-White accomplices like in my case, the agencies decide not to investigate; and when it is the other way around, the agencies then decide to the opposite. This is not a hidden practice, but a court made law that forms another set of laws that courts apply to nullify the Constitutional rights to equal protection towards the targeted people, those who are not their own. “legalized discrimination”.

The government organized a cover-up on all these persecutions on me. My posts on my human rights case were censored by the US Dept. of State on its Youtube site, the very Dept of State that goes around the world condemning other nations for Internet political censorship, and by the US government media such as Voice of America. The so called non-moderated free publishing sites like Wikipedia, Facebook, Topix, CNN’s iReport, etc. all are in accomplice with the government and censored my posts.

The cover ups have expanded to the United Nations where the then Office of “High Commissioner for Human Rights” of UN, headed by Louise Arbour, a former judge of Supreme Court of Canada, seized all the complaints I sent to UN’s human rights bodies, in violation of the UN’s human rights complaint procedures. My story is the best illustration of hypocrite and racist nature of the “Western democracy and freedom”. All people: we have to achieve democracy on our own and not to be used by the US.

Black men been mass incarcerated in US? Because law enforcement in US is discretion/choice based on race

April 19, 2012

Why are Black men been mass incarcerated in US? It’s because, as the US court just told me, the law enforcement in US is discretion/choice based, not merely violation-of-law based as the ordinary people believe. The court did not tell me what forms the basis for law enforcement agencies’ discretion, but my extensive experiences with the US and Canadian criminal justice system as a Chinese immigrant tell you this choice or discretion is based on race of the alleged crime perpetrators.

 In my case, the crime perpetrators are Whites or their non-Whites compliances. So the US court now told me I have no right to require the FBI etc. law enforcement agencies to investigate my criminal allegations, because it is their choice, discretion, not their mandatory duty, to decide whether to investigate a criminal allegation. Apparently, when the alleged perpetrators are Blacks (not in compliances with Whites), the agencies decide to the opposite – to investigate and prosecute.

So the statistics of Blacks’ out of proportion incarcerate rate cannot simply prove Blacks really commit so much more crimes than Whites, since it might only be a result of the law enforcement agencies’ choice. This race based discretion/choice naturally is at least as one of the major contributing factors for Blacks’ mass incarceration. I totally agree with The New Jim Crow, the best contemporary book by Black author. Search for my name Wanxia Liao, my case # in US federal court: 11-2494.

The following is an excerpt of the federal judge’s order dismissing my case:

The Court concludes that Liao fails to state a claim for mandamus relief, because she has not alleged facts demonstrating that the alleged duty to act is “ministerial” in nature. See, e.g., Wrightman-Cervantes v. Mueller, 750 F. Supp. 2d 76, 80-81 (D.C. Cir. 2010) (dismissing claims for mandamus relief on basis that FBI’s decision to investigate crimes is a discretionary act); Terrell v. Attorney General of State of California, 1998 WL 574387, at *3 (N.D. Cal. Aug. 31, 1998), aff’d 188 F.3d 515 (9th Cir. 1999) (dismissing claims based on alleged failure by FBI to investigate allegations of civil rights violations, and noting that “[t]he court can find no binding authority requiring the FBI to investigate every complaint that it receives. To the contrary, courts have consistently described the FBI’s mandate as a ‘discretionary rather than mandatory authority.’”) (quoting Agunbiade v. United States, 893 F. Supp. 160, 163 (E.D.N.Y.1995)).

My human rights case site has been blocked

May 24, 2010

My Web site http://www.wliao.159m.com has been blocked by the host site. This is so called American “freedom of speech”. The following is a revised version of the site summary:

SUMMARY OF CONTENTS:

In 1991, as a Master student, I challenged a White professor Waterhouse’s White supremacy theory that beauty is a European concept and Asians did not have the concept in history. He lost and retaliated against me through a series of fraud and violations of the university rules. I complained to the University but was retaliated with a wrongful dismissal from my cafeteria position, causing me the loss of life’s means. I complained to the Ontario Human Rights Commission (the OHRC). At first I declined to answer some of the Commission’s questions, but the OHRC compelled me to testify “everything true”, and offered me an unconditional confidentiality guaranty.  Then the OHRC officer Strojin, knowing my devastation for the loss of surviving resources and later for the overt racist oppressions organized by the OHRC itself and joined  by US government agent University of California at Berkeley professor James Cahill, repeatedly asked me to testify my state of mind as to that what I would do if my case couldn’t be resolved at the Commission, and then used my devastative ranting “If I die, not only me, die” in my testimony to inform the U of T behind my back that I made  “death threats to Waterhouse”, causing a first count of criminal charge of “Uttering Death Threat to Waterhouse” laid against me. When I inquired about if the OHRC had breached its confidentiality guaranty to me, Strojin denied and lied to me that it was someone at the U of T who did something. The wrongful criminal charge and Strojin’s deception further provoked my rage and my rant. Strojin again informed the U of T, causing the second count of same charge laid against me. I was later convicted by a judge. My human rights complaint was dismissed by the OHRC during the criminal prosecution process.

This is a Fascist racial persecution because I was unlawfully prosecuted and convicted. First, if what I testified were a crime, it was not me but the Canadian government and its witness compellability laws to cause it to happen, for the alleged threats would have never occurred but for the government’s compulsion on me to testify my thoughts. As by compelling me to testify my state of mind, the government transformed my thoughts into act – spoken words. Without these words, my desperate thoughts could have never become known to others and got alleged as threats. Since no one can be punished for thinking criminal thoughts at law, and no one can be punished for lawfully complying with the government’s requirements and its witness compellability laws to testify one’s thoughts, I have no any criminal liability. Yet the government prosecuted me for the crime procured by its own self. Second, the alleged threats never actually happened since my rantings were merely radomly made in which Whaterhouse was never referred to, yet the court convicted me for a guessing that I “meant Waterhouse”. Third, I never had intention to threaten Waterhouse for because of the OHRC’s “confidentiality rule”, I never expected that Waterhouse would know my words at the OHRC and get threatened. This was a bogus criminal prosecution that has grossly deprived my basic human rights – right to security of person and freedom, and right against self-incrimination, (testimony use immunity and derivative use immunity, etc.) guaranteed by the Canadian Charter of Rights and Freedoms.

In the meantime, all the American and Canadian White perpetrators and their accomplices who committed felony crimes against me got away Scot Free from their criminal liabilities. These crimes include: perjuries committed by the American government agent James Cahill; perjuries committed by the OHRC officer Alan Strojin at my criminal trial; forgery of court document and criminal fraud committed by US District Court judges Saundra Brown Armstrong and Phyllis Hamilton; death threats, threats of government forced disappearance against me made by an American government agent on Internet Yahoo newsgroups; forgery of court document committed by a California Superior Court Supervisor Maura Ramirez; etc. Despite that all these crimes are proven on written documents, the both governments and the government controlled the so-called “grand jury” have refused to prosecute them.

I filed civil suits in civil courts of Canada and US against the racial persecution. But all my cases have been dismissed and I have been unlawfully barred from access to court by court order in Canada, forbidding me to file any civil suits. The US federal court dismissed

my claims either without even any adjudication, or on basis of “procedural defects” that were created by the judges and clerks through their conspired criminal forgery, fraud, and open violation of the procedural rules in order to avoid dismissing my claims on their merits which are too indisputable to be denied without appearing outrageously unlawful. Even the US’s highest court would commit unlawful and fraudulent act to sanction the lower courts’ conducts. The same happened in California State court, and I have been partially barred from filing suits in state courts.  

All of these are done under a tight government organized cover-up. All the major American media refuse to publish my story, and some of them, such as CNN, even conspired with the US government to unlawfully set up secret automatic filters to filter out any information on my case on their web sites to ban my own publication attempts.  

Further more, those so-called “human rights groups” such as the “Human Rights Watch”, “Amnesty International”, etc. ignored my request for investigation, and the cover ups have expanded to the United Nations where the then Office of “High Commissioner for Human Rights” of UN, headed by Louise Arbour, a former judge of Supreme Court of Canada, seized all the complaints I sent to UN’s human rights bodies, in violation of the UN’s human rights complaint procedures. My story is the best illustration of hypocrite and racist nature of the “Western democracy and freedom”.

US court’s conspiracy to create “procedural defects” through fraud and deceit to dismiss my civil rights case

April 18, 2009

 

On June 4, 2008, I filed a civil rights case against 23 Defendants, who are all US federal and California state officials, including former US Attorney Generals, US Department of Justice “Civil Rights Division” officials, US Congressman Smith, former forepersons of California Indictment Grand Jury, San Francisco Police Department, CNN, youtube, etc., alleging that they violated my right to equal protect by criminal law and my right to free speech, etc.

 

On March 11, 2009, Judge Phyllis Hamilton dismissed my Complaint with prejudice against 19 Defendants of the case for reason of “lack of service”. Yet this “lack of service” was caused by fraud, deceit, etc. that were conspired by the court with the Defendants of my case.

 

For instance: at first, the court e-filing system officially informed me that Deputy Attorney General of California Kay Yu filed an official court document for Defendant former Attorney General Ashcroft; following the then presiding judge Armstrong’s explicit confirmation on Ashcroft’s appearance before the court in a court order. And then, the court clerk altered the filing record to that Kay Yu filed the document for herself in stead of Ashcroft (Yu is also a Defendant to the case) without my knowledge. As a result of my unawareness of this change, I skipped to serve Ashcroft with summons and Complaint (as by law, defendants who appeared before the court voluntarily without being served need not be served with the process). Then Judge Hamilton dismissed my case against Ashcroft “with prejudice” (so that I cannot re-file this case again) for reason I did not serve on Ashcroft.

 

After I discovered this fraud, I requested investigation by the court and alleged that this docket record change is unlawful that violated the federal procedural rules, since by the rule, the change can only be done by Kay Yu, the original filer, through re-filing, and upon the re-filing, I as a party, would be automatically notified by email message about the change. Judge Hamilton only briefly mentioned the change of the docket record in a footnote of her Order to dismiss my Complaint, saying Yu made a “mistake”, the court’s Office of Clerk “corrected” it. She never answered my questions such as “Even if this change was what Ashcroft and Yu intended, how did the court know their intention and would act on their behalf to do so for her? Does that mean the court is in fact an agent of the Defendants to this case?”

 

I filed a Second Motion for Discovery Investigation for the court to answer my questions, and I also filed a Motion for Relief from Order of Dismissal by Hamilton for reason of the fraud, and other deceit committed by the court in its orders, such as faking California service rules, faking a never-existed claim for my Complaint against CNN, and dismissed my action on basis of such fraud. I further alleged that the court does not have the authority to dismiss my case “with prejudice” under law, and to do so to me is a naked discrimination on basis of my civil rights case and my race for I am treated differently from other litigants.

 

On April 16, 2009, Judge Hamilton issued an order denying all my requests, including my motion to disqualify her. Again, she avoided addressing the questions I put before the court, and still assert the change of the docket was a “clerical mistake”. Obviously the court is not able to answer my questions, which can only mean that there are some secrets over this matter that can never be told. So the alteration could only be a covered operation, a fraud, and it was a conspiracy against me participated by the court and the Defendants of this case. They needed this conspiracy since if Yu did the “correction” in means provided by the Rules, the E-filing system would automatically serve the “correction” filing on me; yet if the court did so with its internal privilege to access and manage the court’s e-filing system, the “correction” could be done without my knowledge. 

 

Through such conspiracy and fraud, the court and the Defendants created “procedural defects” to dismiss my case. They needed to dismiss my case on procedural grounds, because a denial on the merits of my complaint can only be a denial of all the most fundamental legal principles that a “democratic society” is based on so that the hypocrisy of the so called American democracy will be revealed.  Yet when dismissing my Complaint on “procedural defects” grounds, especially for “lack of service”, the Defendants can completely avoid addressing the issues of racism in American criminal justices system and so on raised in my Complaint, since they now do not even need to file a motion to dismiss my Complaint on merits. And the dismissal is “with prejudice”, so only with some trivial and frivolous “defects” caused solely by the conspiracy, the Defendants and the court conveniently barred me from seeking redress against the racism in American criminal justice system for my human rights.

 

More details on the court’s other fraud, discrimination and violation of rules can be found here in my motion for relief from Hamilton’s Orders, and my motion to disqualify Hamilton.

 

Click hereto read my First Amended Complaint; here for motion to dismiss by CNN; Smith; Armstrong, and Yu. Click here for my Opposition to CNN’s motion to dismiss; here for my Motion to Disqualify judge Hamilton;

 

Click here for Hamilton’s Order of Dismissal of my Complaint for lack of service; here for Order granting CNN’s motion to dismiss; here for issues regarding e-filing. Click here for my motion for relief  from order of dismissal; herefor Hamilton’s Order denying my motion for relief and motion to disqualify.

Congressman Chris Smith sued for racism in his global human rights advocacy

January 16, 2009

On December 23, 2008, I filed my First Amended Complaint, in which I edited my claims against CNN, and added parties – Judge Saundra Armstrong  and US Congressman Chris Smith.  This is excerpt of my complaint against Smith:

 

In February 2006, I was very excited to learn that the Congress, the highest law making authority of the US, had launched a campaign to intervene those major US based Internet private companies’ conducts to restrict Chinese people’s rights to freedom of expression on Internet communications in China. Mr. Christopher Smith, Chairman of

 

 

 

In the Complaint I also brought in other issues such as that American government agent colluded with the former Supreme Court of Canada judge, High Commissioner for Human Rights at UN Louis Arbor to cover up for US and Canadian governments, seized all my complaints sent to the UN’s international human rights bodies, in violation of the UN’s human rights complaint rules, and the death threat I received on Yahoo’s message board while posting my story, etc.

 

I claimed in this Complaint:

 

 

 

    “I have this standing to bring this complaint, as the Congress of United States has been known as most adamantly committed to human rights cause of the whole world, takingon the individual human rights abuse complaints from over the wold for hearing and public condemnation. Particularly notable is that numerable individual human rights complainants from China have been invited to speak before the Congress, alleging a wide range of human rights abuses in China. I am a Chinese and my human rights complaintinvolves the same and even more brutal abuses, as compared to those abuses cited for Chinese government in the 2005 Country Human Rights Practice Report (Report) issued by the US Department of State. And most crucially, my human rights complaintis not against China, but your own US government, and the government of your political ally Canada. I trust it is accepted by every person with common sense that you do nothave the right and the standing to demand other nations to do things that you yourself refuse to do. Therefore, I believe that the Congress will treat my complaint not only same as those from China and other nations, but also give it priority for investigative hearing.”However, I never received any response from Smith. Defendant Smith’s silence on my complaint can only mean that my arguments are indisputable – that the human rights abuses committed by US and Canadian governments on me are even more serious compared to those cited for Chinese government in the US 2005 Country Human Rights Practice Report.

And compared to his leading role in vigorously criticizing the Chinese and other governments for the same kind (and less serious than that in US) of human rights abuses as the Chairman of the US Congress human rights caucus, Defendant Smith had no any justifiable reason not to investigate my complaint. Therefore, the silence of Defendant Smith on my complaint can only mean that he condones and endorses the gross human rights abuses committed by his own US government and Canadian government.

Such a discrepancy in Defendant Smith’s human rights practice towards different nations reveals the hypocrisy of the “global human rights cause” that he has been advocating, and the racism nature of this “global human rights cause”. Because if Smith has no interest to support and protect me, this Chinese, for my human rights, what is his purpose to protect and support human rights for those Chinese in China? It can only mean that what he really concerned is not whether the Chinese enjoys human rights or not, but rather to claim the “moral supremacy” of the American and Western nations for purpose of maintaining their racial/political hegemony. And once a Chinese person exercises this same right but against his own and other Western nations’ governments, he supports the prosecution on this Chinese much more brutally than the Chinese government does to its people.

 

For reasons stated above, Defendant Christopher Smith is hereby sued in his official capacity, for a declaratory judgment for violations of 14th Amendment of United States Constitution – equal protection clause, and

 

 

International Covenant on Civil and Political Rights, Article 26: “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

 

 

 

the 109th Congress Subcommittee on Africa, Global Human Rights and International Operations, held an investigative hearing and publicly condemned the conducts of those companies, Yahoo, Google, MSN, etc., who had helped the Chinese government restrict Chinese people’s rights to freedom of expression on Internet. Further, the Congress was in a process to make laws to regulate these companies’ conducts in China to comply with US’s values on human rights, particularly, freedom of expression, and study the possibility of bringing down the “Great Firewall of China” that censors the Chinese Internet.