Shooting, tear gas, bonfires mar Kenya election re-run

Shooting, tear gas, bonfires mar Kenya election re-run

By Maggie Fick

KISUMU, Kenya (Reuters) – Kenyan opposition supporters clashed with police and threw up burning barricades on Thursday, seeking to derail an election rerun likely to return Uhuru Kenyatta as president of East Africa’s chief economic and political powerhouse.

In the western city of Kisumu, stone-throwing youths heeding opposition leader Raila Odinga’s call for a voter boycott were met by live rounds, tear gas and water cannon. Gunfire killed one protester and wounded three others, a nurse said. Reuters found no polling stations open there.

Riot police fired tear gas in Kibera and Mathare, two volatile Nairobi slums. Protesters set fires in Kibera early in the morning and in Mathara a church was firebombed and a voter attacked.

Around 50 people have been killed, mostly by security forces, since the original Aug. 8 vote. The Supreme Court annulled Kenyatta’s win in that poll on procedural grounds and ordered fresh elections within 60 days, but Odinga called for a boycott amid concerns the poll would not be free and fair.

The repeat election is being closely watched across East Africa, which relies on Kenya as a trade and logistics hub, and in the West, which considers Nairobi a bulwark against Islamist militancy in Somalia and civil conflict in South Sudan and Burundi.

While tensions simmered in opposition strongholds, other areas were calm. In the capital, polling stations saw a sprinkling of voters instead of the hours-long queues that waited in August.

Interior minister Fred Matiang’i told Citizen TV that polling stations opened in 90 percent of the country, including Kiambu, where Kenyatta cast his ballot.

“We are requesting them (voters) humbly that they should turn out in large numbers,” Kenyatta, the U.S.-educated son of Kenya’s founding father, Jomo Kenyatta, said after voting. “We’re tired as a country of electioneering and I think it’s time to move forward.”

A decade after 1,200 people were killed over another disputed election, many Kenyans feared violence could spread.

If some counties fail to hold elections, it could trigger legal challenges to the election, stirring longer-term instability and ethnic divisions.

On Wednesday, the Supreme Court was due to hear a case seeking to delay the polls. But it was unable to sit after five out of the seven judges failed to show up, fuelling suspicions among opposition supporters.

“The lack of a quorum is highly unusual for a Supreme Court hearing,” a statement from the European Union said. “Not hearing this case has de facto cut off the legal path for remedy.”

In a statement issued by the U.S. embassy, foreign missions said the vote had damaged regional stability and urged “open and transparent dialogue involving all Kenyans to resolve the deep divisions that the electoral process has exacerbated.”

OPPOSITION STRONGHOLDS

In Kisumu, the scene of major ethnic violence after a disputed election in 2007, many schools designated as polling stations were padlocked. Young men milled about outside.

In Kisumu Central, constituency returning officer John Ngutai said no voting materials had been distributed and only three of his 400 staff had turned up. One nervous official said his election work was a “suicide mission”.

Kisumu businessman Joshua Nyamori, 42, was one of the few voters brave enough to defy Odinga’s stay-away call but could not cast his ballot.

“Residents fear reprisal from political gangs organized by politicians. This is wrong,” he said.

In the coastal city of Mombasa, protesters lit tyres and timber along the main highway. Some polling stations had not opened by 8am, and those that did had low turnout and four armed police on guard – double the number on duty last time.

“We are not staying home. We are protesting and ensuring there is no voting around this area,” said Babangida Tumbo, 31.

CALL FOR PRAYERS

On the eve of the vote Odinga, backed off previous calls for protests and urged supporters to stay home.

“We advise Kenyans who value democracy and justice to hold vigils and prayers away from polling stations, or just stay at home,” he said in English.

But speakers who preceded him urged in the KiSwahili language that supporters should ensure the vote did not take place.

Odinga’s National Super Alliance coalition, whose supporters attacked polling staff in the run-up to the vote, could argue in court that the lack of open polling stations shows that the re-run is bogus. The Supreme Court said it would annul this election too if it did not meet legal standards.

The head of the election commission said last week he could not guarantee a free and fair vote, citing political interference and threats of violence against his colleagues. One election commissioner quit and fled the country.

Kenya’s Election Observation Group, a coalition of civil society organizations, said an observer in Mombasa had been beaten up and one in Kibera prevented from leaving the house.

They did not send observers to western Kenya over security fears, they said, but in other places 80 percent of the 766 polling stations they were observing opened on time.

(Additional reporting by Katharine Houreld, Duncan Miriri, David Lewis and John Ndiso in Nairobi and Joseph Akwiri in Mombasa; Writing by Ed Cropley; Editing by Ralph Boulton)

India defends ties with North Korea in talks with Tillerson

India defends ties with North Korea in talks with Tillerson

By Jonathan Landay and Aditya Kalra

NEW DELHI (Reuters) – India’s foreign minister defended the country’s ties with North Korea and Iran during talks on Wednesday with Secretary of State Rex Tillerson aimed at building robust relations between the two giant democracies.

The Trump administration has launched a new U.S. effort to deepen military and economic ties with India as a way to balance China’s assertive posture across Asia.

At the talks with Indian Foreign Minister Sushma Swaraj, both sides pledged to strengthen anti-terrorism cooperation and Tillerson said Washington stood ready to provide India with advanced military technology.

“The United States supports India’s emergence as a leading power and will continue to contribute to Indian capabilities to provide security throughout the region,” Tillerson told a joint news conference with Swaraj.

But the talks also touched on India’s diplomatic ties with North Korea, Swaraj said, at a time when the United States has stepped up efforts to isolate Pyongyang over its nuclear and missile programs.

Swaraj said she told the top U.S. diplomat that some level of diplomatic presence was necessary to keep open channels of communication.

“As far as the question of embassy goes, our embassy there is very small, but there is in fact an embassy,” she said.

“I told Secretary Tillerson that some of their friendly countries should maintain embassies there so that some channels of communication are kept open.”

India and North Korea maintain diplomatic offices in each other’s capitals, though New Delhi recently banned trade of most goods with the country, except food and medicine. Trade was minimal, Swaraj said.

The focus on North Korea comes as U.S. President Donald Trump heads to China next month, where he is expected to urge President Xi Jinping to make good on his commitments to try to rein in North Korea.

Tillerson, who flew in from Pakistan which he called an important U.S. ally in the restive region, also held talks with Prime Minister Narendra Modi who is driving closer ties with the United States.

But India, a former leading light of the Non-Aligned Movement and which was on the opposite side of the United States during the Cold War, still remains wary of any alliances with major powers lest it affect its autonomy.

TIES TO IRAN

India has also maintained ties with Iran which is being targeted by the Trump administration for its alleged military support of extremist groups in the Middle East and for its ballistic missile programme.

India has long sourced its oil from Iran, but in recent years the two sides have been also collaborating on key infrastructure projects.

New Delhi is pushing hard for the development of Chabahar port on the Iranian coast as a hub for its trade links to the resource-rich countries of central Asia and Afghanistan but the Trump administration’s tough stance has raised new concerns over the future of that project.

But Tillerson struck a conciliatory stance on India’s ties with Iran, saying it wouldn’t come in the way of countries doing legitimate business there.

“It is not our objective to harm the Iranian people nor is it our objective to interfere with legitimate business activities that are going on with other businesses, whether they be from Europe, India or agreements that are in place or promote economic development and activity to the benefit of our friends and allies,” he said.

America’s disagreements were with the Iranian regime, and in particular the Iran Revolutionary Guard, he said.

India is especially keen on the Chabahar port as a way to bypass long-time foe Pakistan which does not allow easy trade and transit arrangements to Afghanistan and beyond.

PAKISTAN

Tillerson said the U.S. stood should-to-shoulder with India in the fight against terrorism which New Delhi has long said is centered in militant groups operating from inside Pakistan.

He said militant groups were a threat to everyone in the region, including Pakistan itself.

“Quite frankly my view – and I expressed this to the leadership of Pakistan – is we also are concerned about the stability and security of Pakistan’s government as well.”

The United States has been urging Pakistan to act against the groups that operate in Afghanistan, India and inside Pakistan itself. “Terrorist safe havens will not be tolerated,” Tillerson said.

Pakistan says it is doing all it can to fight the militants.

(Additional reporting by Aditi Shah; Writing by Sanjeev Miglani and Krishna N. Das; Editing by Nick Macfie and Clarence Fernandez)

Stricter Missouri abortion rules take effect after legal fight

By Chris Kenning

(Reuters) – New abortion regulations took effect on Tuesday in Missouri that critics argue will make it more difficult for women to access the procedure.

A judge on Monday declined to block a requirement that physicians performing abortions inform their patients about abortion risks at least 72 hours before their procedure. Previously, a different provider could give that mandated information.

That means repeat doctor visits for women seeking abortions, some of whom must travel hundreds of miles to reach one of Missouri’s three clinics, said Bonyen Lee-Gilmore, a spokeswoman for Planned Parenthood Great Plains. There is also a shortage of abortion doctors, she said.

The organization had sued to stop the new regulations because of the provider requirement.

“This is about making it as difficult as possible to obtain an abortion,” Lee-Gilmore said in a phone interview on Tuesday. “Abortion access is chipped away one seemingly moderate restriction at a time.”

Missouri Attorney General Josh Hawley praised the law in a statement issued late on Monday, saying, “SB5 enacts sensible regulations that protect the health of women in Missouri and we will continue to vigorously defend these.”

The provider restriction was part of broader abortion regulations that went into effect on Monday after they were passed by Missouri lawmakers during a July special session called by Republican Governor Eric Greitens.

Among other things, the law gives the attorney general power to enforce abortion laws, requires annual surprise inspections of clinics and exempts pregnancy resource centers, which counsel against abortions, from a local St. Louis law banning employers from discriminating against those who have had an abortion. Critics of the St. Louis ordinance believed it could require the centers to hire workers who favor abortion rights.

The legislative session was called after a federal judge in April blocked requirements for clinics to meet standards for surgical centers and for doctors to have hospital privileges as unconstitutional barriers to access.

Since then, doctors in Missouri, formerly one of seven states down to only one clinic providing abortions, have begun offering them at three locations, in St. Louis, Columbia and Kansas City.

But the new regulation offsets the benefits of those new locations, Lee-Gilmore said.

U.S. state legislatures enacted 41 new abortion restrictions in the first half of 2017, according to the Guttmacher Institute, a reproductive health think tank that supports abortion rights.

(Reporting by Chris Kenning; editing by Patrick Enright and Tom Brown)

Troops and strays, the only signs of life in ruined Marawi

Troops and strays, the only signs of life in ruined Marawi

By Martin Petty

MARAWI CITY, Philippines (Reuters) – With vehicles crushed and overturned and buildings reduced to skeletons of mangled steel and rubble, the Philippine city of Marawi resembles the aftermath of a war that lasted years, rather than months.

Except for small clusters of troops dotted amid the ruins and skinny cats and dogs scavenging for food, the heart of Marawi is a ghost town, all but destroyed by the Philippines’ biggest and fiercest urban battle in recent history.

Hundreds of rebels claiming allegiance to Islamic State seized large areas of the city of 200,000 people in May and clung on through unrelenting government air strikes and artillery bombardments, right until the last remaining gunmen were killed three days ago.

The military escorted media on Wednesday through the ravaged streets of the once picturesque lakeside town, showing for the first time the front lines of a devastating conflict that has stoked fears of Islamic State’s extremist agenda taking root in the region.

The scale of the damage was stark as a convoy of vans carrying reporters and cameramen followed an army truck through one district after another, stopping off at key intersections recently cleared of unexploded munitions and booby traps.

Wide boulevards in the city were lined by crumbling homes and shop fronts missing higher floors, with fragments of chairs, children’s toys and household appliances wedged into piles of crumbled concrete.

Tattered pieces of clothing poking above banks of rubble provided the only color in the mass of gutted grey buildings blackened by smoke. Vans, pickup trucks and cars were turned over, coated in rust or torn apart by bomb blasts.

The militants’ planning, stockpiling of weapons and their combat capability stunned government forces, who had to fight street by street to take back the city and were often pinned down by snipers and homemade bombs.

“At first our forces cannot press them, they moved from one building to the next. Our concept was to restrict them – it took time, but we constricted them,” said Lieutenant Colonel Sam Yunque, a special forces commander deployed in Marawi since the beginning of the conflict.

“We innovated to suppress their techniques. They were not better than us, that’s why they lost.”

RUINS OF WAR

The Philippines announced the end of combat operations in Marawi City on Monday after troops killed 42 remaining militants, including some foreign fighters. More than 1,100 people, including 165 troops and 45 civilians, died in the conflict. The government has said the rest were militants.

Senior officers said they took pains to protect the multitude of mosques in what is the only designated Islamic City in the mainly Catholic Philippines. Although many escaped the pounding of daily air strikes, domes and walls were peppered with holes from heavy machine gun fire as troops sought to flush out rebels hiding within.

Earlier on Wednesday, U.S. Defense Secretary Jim Mattis praised Filipino soldiers for defeating the militants without attracting allegations of human rights violations.

The United States provided critical tactical intelligence in the Marawi combat operation, deploying surveillance planes and drones, thermal imaging and eavesdropping equipment.

The walls were blasted away at Marawi’s police headquarters where the armory was looted, and in the adjacent jail where more than 100 prisoners were freed.

Close by, a mosque minaret had fallen into a mash of metal and rock. Behind it was a lone, leafless tree with only a few branches left.

The militants smashed through thick layers of concrete to turn drainage channels into trenches, doubling as tunnels for fighters to move between buildings and elude surveillance drones and army snipers.

Rebel-held buildings were covered with graffiti, including one of an arrow through a heart, with the message “I love ISIS”, an acronym for Islamic State.

But there was no love for the rebel alliance among the hundreds of jubilant soldiers at send-off ceremonies held this week as troops gradually return home.

Colonel Corleto Vinluan, the commander of joint special operations, described the enemy as “rats”.

He said the military had gained valuable experience in urban combat and chose a strategy that took time, but ultimately paid off.

“We couldn’t just enter the area, it was very big, we did not know where the leaders were, we had to surround them and the area became smaller. It was that time when we really took control,” Vinluan told Reuters.

“We didn’t expect they’ll last that long, their ammunition their firearms and their food. We learned a lot from this event, we adjusted our strategies.

“They were tough fighters, some of them, but not all.”

(Editing by Raju Gopalakrishnan)

Kaspersky says it obtained suspected NSA hacking code from U.S. computer

Kaspersky says it obtained suspected NSA hacking code from U.S. computer

By Joseph Menn

SAN FRANCISCO (Reuters) – Moscow-based Kaspersky Lab on Wednesday acknowledged that its security software had taken source code for a secret American hacking tool from a personal computer in the United States.

The admission came in a statement from the embattled company that described preliminary results from an internal inquiry it launched into media reports that the Russian government used Kaspersky anti-virus software to collect National Security Agency technology.

While the explanation is considered plausible by some security experts, U.S. officials who have been campaigning against using Kaspersky software on sensitive computers are likely to seize on the admission that the company took secret code that was not endangering its customer to justify a ban.

Fears about Kaspersky’s ties to Russian intelligence, and the capacity of its anti-virus software to sniff out and remove files, prompted an escalating series of warnings and actions from U.S. authorities over the past year. They culminated in the Department of Homeland Security last month barring government agencies from using Kaspersky products.

In a statement, the company said it stumbled on the code a year earlier than the recent newspaper reports had it, in 2014. It said logs showed that the consumer version of Kaspersky’s popular product had been analyzing questionable software from a U.S. computer and found a zip file that was flagged as malicious.

While reviewing the file’s contents, an analyst discovered it contained the source code for a hacking tool later attributed to what Kaspersky calls the Equation Group. The analyst reported the matter to Chief Executive Eugene Kaspersky, who ordered that the company’s copy of the code be destroyed, the company said.

“Following a request from the CEO, the archive was deleted from all our systems,” the company said. It said no third parties saw the code, though the media reports had said the spy tool had ended up in Russian government hands.

The Wall Street Journal said on Oct. 5 that hackers working for the Russian government appeared to have targeted the NSA worker by using Kaspersky software to identify classified files. The New York Times reported on Oct. 10 that Israeli officials reported the operation to the United States after they hacked into Kaspersky’s network.

Kaspersky did not say whether the computer belonged to an NSA worker who improperly took home secret files, which is what U.S. officials say happened. Kaspersky denied the Journal’s report that its programs searched for keywords including “top secret.”

The company said it found no evidence that it had been hacked by Russian spies or anyone except the Israelis, though it suggested others could have obtained the tools by hacking into the American’s computer through a back door it later spotted there.

The new 2014 date of the incident is intriguing, because Kaspersky only announced its discovery of an espionage campaign by the Equation Group in February 2015. At that time, Reuters cited former NSA employees who said that Equation Group was an NSA project.

Kaspersky’s Equation Group report was one of its most celebrated findings, since it indicated that the group could infect firmware on most computers. That gave the NSA almost undetectable presence.

Kaspersky later responded via email to a question by Reuters to confirm that the company had first discovered the so-called Equation Group programs in the spring of 2014.

It also did not say how often it takes uninfected, non-executable files, which normally would pose no threat, from users’ computers.

Former employees told Reuters in July that the company used that technique to help identify suspected hackers. A Kaspersky spokeswoman at the time did not explicitly deny the claim but complained generally about “false allegations.”

After that, the stories emerged suggesting that Kaspersky was a witting or unwitting partner in espionage against the United States.

Kaspersky’s consumer anti-virus software has won high marks from reviewers.

It said Monday that it would submit the source code of its software and future updates for inspection by independent parties.

(Reporting by Joseph Menn in San Francisco; Editing by Jim Finkle and Eric Auchard)

Special Report: In the market for human bodies, almost anyone can sell the dead

A coffin, mops and coolers used to transport body parts lie in an abandoned courtyard outside a warehouse once shared by a funeral home and the body broker Southern Nevada Donor Services in suburban Las Vegas, Nevada, U.S. July 19, 2016. REUTERS/John Shiffman

By Brian Grow and John Shiffman

LAS VEGAS (Reuters) – The company stacked brochures in funeral parlors around Sin City. On the cover: a couple clasping hands. Above the image, a promise: “Providing Options in Your Time of Need.”

The company, Southern Nevada Donor Services, offered grieving families a way to eliminate expensive funeral costs: free cremation in exchange for donating a loved one’s body to “advance medical studies.”

Outside Southern Nevada’s suburban warehouse, the circumstances were far from comforting. In the fall of 2015, neighboring tenants began complaining about a mysterious stench and bloody boxes in a Dumpster. That December, local health records show, someone contacted authorities to report odd activity in the courtyard.

Health inspectors found a man in medical scrubs holding a garden hose. He was thawing a frozen human torso in the midday sun.

As the man sprayed the remains, “bits of tissue and blood were washed into the gutters,” a state health report said. The stream weaved past storefronts and pooled across the street near a technical school.

Southern Nevada, the inspectors learned, was a so-called body broker, a company that acquires dead bodies, dissects them and sells the parts for profit to medical researchers, training organizations and other buyers. The torso on the gurney was being prepared for just such a sale.

Each year, thousands of Americans donate their bodies in the belief they are contributing to science. In fact, many are also unwittingly contributing to commerce, their bodies traded as raw material in a largely unregulated national market.

Body brokers are also known as non-transplant tissue banks. They are distinct from the organ and tissue transplant industry, which the U.S. government closely regulates. Selling hearts, kidneys and tendons for transplant is illegal. But no federal law governs the sale of cadavers or body parts for use in research or education. Few state laws provide any oversight whatsoever, and almost anyone, regardless of expertise, can dissect and sell human body parts.

“The current state of affairs is a free-for-all,” said Angela McArthur, who directs the body donation program at the University of Minnesota Medical School and formerly chaired her state’s anatomical donation commission. “We are seeing similar problems to what we saw with grave-robbers centuries ago,” she said, referring to the 19th-century practice of obtaining cadavers in ways that violated the dignity of the dead.

“I don’t know if I can state this strongly enough,” McArthur said. “What they are doing is profiting from the sale of humans.”

The industry’s business model hinges on access to a large supply of free bodies, which often come from the poor. In return for a body, brokers typically cremate a portion of the donor at no charge. By offering free cremation, some deathcare industry veterans say, brokers appeal to low-income families at their most vulnerable. Many have drained their savings paying for a loved one’s medical treatment and can’t afford a traditional funeral.

“People who have financial means get the chance to have the moral, ethical and spiritual debates about which method to choose,” said Dawn Vander Kolk, an Illinois hospice social worker. “But if they don’t have money, they may end up with the option of last resort: body donation.”

Few rules mean few consequences when bodies are mistreated. In the Southern Nevada case, officials found they could do little more than issue a minor pollution citation to one of the workers involved. Southern Nevada operator Joe Collazo, who wasn’t cited, said he regretted the incident. He said the industry would benefit from oversight that offers peace of mind to donors, brokers and researchers.

“To be honest with you, I think there should be regulation,” said Collazo. “There’s too much gray area.”

“BIG MARKET FOR DEAD BODIES”

Donated bodies play an essential role in medical education, training and research. Cadavers and body parts are used to train medical students, doctors, nurses and dentists. Surgeons say no mannequin or computer simulation can replicate the tactile response and emotional experience of practicing on human body parts. Paramedics, for example, use human heads and torsos to learn how to insert breathing tubes.

Researchers rely on donated human body parts to develop new surgical instruments, techniques and implants; and to develop new medicines and treatments for diseases.

“The need for human bodies is absolutely vital,” said Chicago doctor Armand Krikorian, past president of the American Federation for Medical Research. He cited a recent potential cure for Type 1 diabetes developed by studying pancreases from body donors. “It’s a kind of treatment that would have never come to light if we did not have whole-body donation.”

Despite the industry’s critically important role in medicine, no national registry of body brokers exists. Many can operate in near anonymity, quietly making deals to obtain cadavers and sell the parts.

“There is a big market for dead bodies,” said Ray Madoff, a Boston College Law School professor who studies how U.S. laws treat the dead. “We know very little about who is acquiring these bodies and what they are doing with them.”

In most states, anyone can legally purchase body parts. As an upcoming story will detail, a Tennessee broker sold Reuters a cervical spine and two human heads after just a few email exchanges.

Through interviews and public records, Reuters identified Southern Nevada and 33 other body brokers active across America during the past five years. Twenty-five of the 34 body brokers were for-profit corporations; the rest were nonprofits. In three years alone, one for-profit broker earned at least $12.5 million stemming from the body part business, an upcoming Reuters report will show.

Because only four states closely track donations and sales, the breadth of the market for body parts remains unknown. But data obtained under public record laws from those states – New York, Virginia, Oklahoma and Florida – provide a snapshot. Reuters calculated that from 2011 through 2015, private brokers received at least 50,000 bodies and distributed more than 182,000 body parts.

Permits from Florida and Virginia offer a glimpse of how some of those parts were used: A 2013 shipment to a Florida orthopedic training seminar included 27 shoulders. A 2015 shipment to a session on carpal tunnel syndrome in Virginia included five arms.

As with other commodities, prices for bodies and body parts fluctuate with market conditions. Generally, a broker can sell a donated human body for about $3,000 to $5,000, though prices sometime top $10,000. But a broker will typically divide a cadaver into six parts to meet customer needs. Internal documents from seven brokers show a range of prices for body parts: $3,575 for a torso with legs; $500 for a head; $350 for a foot; $300 for a spine.

Body brokers also have become intertwined with the American funeral industry. Reuters identified 62 funeral operators that have struck mutually beneficial business arrangements with brokers. The funeral homes provide brokers access to potential donors. In return, the brokers pay morticians referral fees, ranging from $300 to $1,430, according to broker ledgers and court records.

These payments generate income for morticians from families who might not be able to otherwise afford even simple cremation. But such relationships raise potential conflicts of interest by creating an incentive for funeral homes to encourage grieving relatives to consider body donation, sometimes without fully understanding what might happen to the remains.

“Some funeral home directors are saying, ‘Cremation isn’t paying the bills anymore, so let me see if I can help people harvest body parts,’” said Steve Palmer, an Arizona mortician who serves on the National Funeral Directors Association’s policy board. “I just think families who donate loved ones would have second thoughts if they knew that.”

Some morticians have made body donation part of their own businesses. In Oklahoma, two funeral home owners invested $650,000 in a startup body broker firm. In Colorado, a family operating a funeral home ran a company that dissected and distributed body parts from the same building.

When a body is donated, few states provide rules governing dismemberment or use, or offer any rights to a donor’s next of kin. Bodies and parts can be bought, sold and leased, again and again. As a result, it can be difficult to track what becomes of the bodies of donors, let alone ensure that they are handled with dignity.

In 2004, a federal health panel unsuccessfully called on the U.S. government to regulate the industry. Since then, more than 2,357 body parts obtained by brokers from at least 1,638 people have been misused, abused or desecrated across America, Reuters found.

The count, based on a review of court, police, bankruptcy and internal broker records, is almost certainly understated, given the lack of oversight. It includes instances in which bodies were used without donor or next-of-kin consent; donors were misled about how bodies would be used; bodies were dismembered by chainsaws instead of medical instruments; body parts were stored in such unsanitary conditions that they decomposed; or bodies were discarded in medical waste incinerators instead of being properly cremated.

Most brokers employ a distinctive language to describe what they do and how they make money. They call human remains “tissue,” not body parts, for example. And they detest the term “body brokers.” They prefer to be known as “non-transplant tissue banks.”

Most also insist they don’t “sell” body parts but instead only charge “fees” for services. Such characterizations, however, are contradicted by other documents Reuters reviewed, including court filings in which brokers clearly attach monetary value to donated remains.

A lien filed by one body broker against another cited as collateral “all tissue inventory owned by or in the possession of debtor.” In bankruptcy filings, brokers have claimed body parts as assets. One debtor included as property not only cabinets, desks and computers, but also spines, heads and other body parts. The bankrupt broker valued the human remains at $160,900.

“There are no real rules,” said Thomas Champney, a University of Miami anatomy professor who teaches bioethics. “This is the ultimate gift people have given, and we really need to respect that.”

Last December, Reuters reported that more than 20 bodies donated to an Arizona broker were used in U.S. Army blast experiments – without the consent of the deceased or next of kin. Some donors or their families had explicitly noted an objection to military experiments on consent forms. Family members learned of the 2012 and 2013 experiments not from the Army but from a Reuters reporter who obtained records about what happened.

In another case, Detroit body broker Arthur Rathburn is scheduled to stand trial in January for fraud, accused of supplying unsuspecting doctors with body parts infected with hepatitis and HIV for use in training seminars. U.S. officials cited the case as an example of their commitment to protect the public. But Reuters found that, despite warning signs, state and federal officials failed to rein in Rathburn for more than a decade, allowing him to continue to acquire hundreds of body parts and rent them out for profit. He has pleaded not guilty.

Given the number of body brokers that currently operate in America, academics and others familiar with the industry say regular inspections of facilities and reviews of donor consent forms wouldn’t place a big burden on government.

“This isn’t reinventing the wheel,” said Christina Strong, a New Jersey lawyer who co-wrote a set of standards that most states largely adopted for the organ transplant industry. “It would not be a stretch to envision a uniform state law which requires that those who recover, distribute and use human bodies adhere to uniform standards of transparency, traceability and authorization.”

But without consistent laws or a clear oversight authority – local, state or national – “nobody is accounting for anything,” said Todd Olson, an anatomy and structural biology professor at Yeshiva University’s Albert Einstein College of Medicine. “Nobody is watching. We regulate heads of lettuce in this country more than we regulate heads of bodies.”

“RAW MATERIALS FOR FREE”

Body brokers range in size from small, family-operated endeavors to national firms with offices in several states. Brokers also vary in expertise.

Garland Shreves, who founded Phoenix broker Research for Life in 2009, said he invested more than $2 million in quality-control procedures and medical equipment, including $265,000 on an X-ray machine to scan cadavers for surgical implants.

But other brokers have launched their businesses for less than $100,000, internal corporate records and interviews show. Often, the largest capital expenses are a cargo van and a set of freezers. Some brokers have saved money by using chainsaws to carve up the dead instead of more expensive surgical saws.

“You have people who want to do it in a pretty half-assed way,” Shreves said. “I have really grown to dislike the business.”

Brokers can also reduce expenses by forgoing the meticulous quality control procedures and sophisticated training called for by a national accreditation organization, the American Association of Tissue Banks.

In Honolulu, police were called twice to storage facilities leased by body broker Bryan Avery in 2011 and 2012. Each time, they found decomposing human remains. Both times, police concluded that Avery committed no crimes because no state law applied.

Steven Labrash, who directs University of Hawaii’s body donation program, said the Avery case illustrates the need for laws to protect donors.

“Everybody knows that what he did was unethical and wrong,” Labrash said of Avery. “But did he break any laws? Not the way they are written today.”

Avery defended how he ran his business and said the incidents were the result of misunderstandings. He said he is now raising capital for a new company, Hawaii BioSkills, which he said will use body parts to train surgeons.

“I’m all for oversight, and companies that are doing this need to be transparent,” Avery said. “As long as it doesn’t infringe upon the flow of business, that’s fine.”

Walt Mitchell, a Phoenix businessman involved in the startup of three brokers, said one reason the industry attracts entrepreneurs is that businesses can profit handsomely from selling a donated product.

“If you can’t make a business when you’re getting raw materials for free,” Mitchell said, “you’re dumb as a box of rocks.”

Even so, a third of the 34 brokers Reuters identified went bankrupt or failed to pay their taxes, according to court filings. When failing businesses in the industry cut corners to save money, the consequences for the families of donors can be emotionally wrenching.

“THE LAST SELFLESS THING”

Harold Dillard worked with his brother resurfacing bathtubs and kitchen countertops in Albuquerque, New Mexico. He was diagnosed with terminal cancer the day after Thanksgiving in 2009.

“He was 56 years young, active, healthy, had a great life, and one night – bam!” said his daughter, Farrah Fasold. “He wanted to do the last selfless thing he could do before he died, and so he donated his body.”

As her father lay dying, Fasold said, employees from Albuquerque broker Bio Care visited father and daughter, and made a heartfelt pitch: The generous gift of his body to science would benefit medical students, doctors and researchers. Fasold said Bio Care cited several sample possibilities, including that her father’s body might be used to train surgeons on knee replacement techniques.

Fasold’s view of Bio Care soon changed. It took weeks longer than promised to receive what she was told were her father’s cremated remains. Once she received them, she suspected they were not his ashes because they looked like sand. She was correct.

In April 2010, Fasold was told by authorities that her father’s head was among body parts discovered at a medical incinerator. She also learned – for the first time, she said – that Bio Care was in the business of selling body parts.

“I was completely hysterical,” she said. “We would have never have signed up if they had ever said anything about selling body parts – no way. That’s not what my dad wanted at all.”

Inside Bio Care’s warehouse, authorities said they found at least 127 body parts belonging to 45 people.

“All of the bodies appeared to have been dismembered by a coarse cutting instrument, such as a chainsaw,” a police detective wrote in an affidavit.

Bio Care owner Paul Montano was charged with fraud. According to the police affidavit, Montano denied abusing bodies and told detectives that he ran Bio Care with “five volunteer employees,” including his father. He did not respond to requests for comment.

Prosecutors later withdrew the charge against Montano because they said they could not prove deception or any other crime. No other state law regulated the handling of donated bodies or protected the next of kin.

Confused and outraged, Fasold spoke by phone with Kari Brandenburg, then the district attorney in Bernalillo County. Fasold recorded a portion of the call.

“What happened was horrible, but New Mexico law is silent on this kind of activity,” Brandenburg told Fasold. The prosecutor said that, although Montano was perhaps “the worst businessman in the world,” his failures were due in part to deals that fell through.

“So,” Fasold replied, “because other people reneged on their agreements, it’s OK for him to go ahead and chop up my dad’s body and have it incinerated?”

“No, it’s not OK,” the prosecutor replied. “But it doesn’t make it a crime. There’s no criminal law that says this is wrong.”

In a recent interview, Brandenburg said that she, too, was frustrated to find that no law protects people like Fasold and her father. “It was outrageous,” the former prosecutor said. “These families were devastated and injured in a deep way.”

Authorities ultimately recovered the other body parts of Fasold’s father and returned them to her for proper cremation. Some had been found in tubs at the incinerator and some at the Bio Care facility.

Fasold said in an interview she is surprised that the law hasn’t been changed to protect relatives.

“They could have done something long ago, passed new laws,” she said of the body broker industry. “It’s just so shady and devious.”

LUCRATIVE PARTNERSHIP

Partnerships between body brokers and funeral homes can sometimes yield sizeable businesses.

In 2009, Oklahoma funeral home owners Darin Corbett and Hal Ezzell invested $650,000 for a 50 percent stake in a company created by former executives of a large Phoenix-based body broker, court records show. According to an investor prospectus reviewed by Reuters, the new firm’s five-year revenue forecast was $13.8 million based on 2,100 donated bodies.

“Darin and I felt like we had, through our funeral home ties, the ability, if we wanted, to encourage donors,” Ezzell said in an interview.

The Norman, Oklahoma firm, United Tissue Network, converted to nonprofit status in 2012 to comply with a change in state law. But a for-profit company co-owned by Ezzell, Corbett and United Tissue President David Breedlove is paid to provide management services, leased equipment and loans. In 2015, for example, their nonprofit paid their for-profit $412,000 for services, tax records show.

Ezzell and Corbett said they are passive investors. But, Corbett added, “we suggest families consider (United Tissue) first because they are local and time delay is critical,” obliquely referring to the fact that bodies decompose quickly.

The nonprofit United Tissue also has supplied donated human remains to Breedlove’s for-profit company, Anatomical Innovations. That company sold authentic human skulls, elbows, livers and eyeballs, among other body parts. Online, it advertised free shipping on purchases over $125. After inquiries from Reuters, Breedlove closed Anatomical Innovations.

Breedlove said consent forms signed by United Tissue donors permitted the dissection and transfer of body parts to for-profit entities, including the one he owned. The forms allow United Tissue, at its “sole discretion,” to use a body as deemed necessary “to facilitate the gift.”

“Our consents are pretty clear about what the anatomical uses may be,” he said.

According to Oklahoma state filings obtained under public records laws, United Tissue has grown steadily. From 2012 through 2016, United Tissue received 3,542 bodies. Almost half were referred by funeral homes. Ezzell said that last year, no more than 10 percent came from mortuaries owned by Corbett or him.

During that five-year period, the records show, United Tissue distributed 17,956 body parts to clients. Supply has sometimes exceeded demand. In late 2015, the broker sent an email in which it offered customers a price break to help move surplus arms, pelvises and shoulders.

“I wanted to let you know of a few specimens we have an overstock that we are trying to place before the end of the year,” United Tissue Executive Director Alyssa Harrison wrote to a bone research organization. “We are offering these as a discounted fee for December.”

Harrison said in an interview that while she always respects the dead, she has a duty to sustain the operation.

“It is a product, a very precious product,” she said. “I still have to make enough money to pay my employees and keep our doors open. Yes, it is human tissue, but there is still a market value.”

THE FROZEN TORSO

The 2015 incident outside Las Vegas involving the frozen torso was also the product of a partnership between a body broker and a funeral home.

Both the broker, Southern Nevada Donor Services, and the funeral home, Valley Cremation and Burial, were struggling financially. Valley agreed to allow Southern Nevada to dissect and prepare cadavers and body parts at its funeral home. The remains and related paperwork would be kept at Valley’s warehouse in the suburban industrial park, a few miles away.

Southern Nevada’s owner, Joe Collazo, had a decade’s experience selling body parts. Court records show he also served nearly two years in prison in the late 1990s for forgery. And a former employer once accused him in a lawsuit of stealing donated body parts valued at $75,000 and selling them to a customer in Turkey.

Collazo said his forgery conviction is irrelevant and the theft allegation untrue. His business followed industry best practices, he said, and served an important public service to the medical community.

Local and state officials reported that they found other troubling signs, beyond the torso, at the storage facility. These included a bloody, motorized saw typically used by construction workers, and moldy body parts inside an unplugged freezer.

Valley is no longer in business, and the owner died, according to state records. Southern Nevada also dissolved – in a trail of debt and desecrated body parts.

Seven months after health officials inspected the place, the courtyard remained littered with empty coolers bearing Southern Nevada’s initials. Nearby stood a rusted kiln, a pair of filthy mops and a gunmetal gray coffin, broiling in the desert sun.

The only person charged in the incident was Gary Derischebourg, a funeral home employee who said his duties included helping prepare body parts for Collazo. Derischebourg said he was too busy to defrost the torso, so he asked an unemployed friend to do it. Derischebourg pleaded guilty to a misdemeanor pollution citation for the stream of water that contained human tissue.

Someone, he said, needed to take responsibility. “I’m a stand-up guy,” he said.

As for the defrosted torso? Collazo said he rented it to a group of surgeons, then had it cremated.

Today, Collazo is a manager at a car dealership. Derischebourg drives for Uber.

(Reported by Brian Grow and John Shiffman; Additional reporting by Adam DeRose, Elizabeth Culliford, Mir Ubaid and Sophia Kunthara; Edited by Blake Morrison.)

Supreme Court dismisses Hawaii’s challenge to Trump travel ban

International passengers arrive at Washington Dulles International Airport after clearing immigration and customs in Dulles, Virginia, U.S. September 24, 2017. REUTERS/James Lawler Duggan

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Tuesday formally dropped plans to hear the last remaining challenge to an earlier version of President Donald Trump’s travel ban targeting several Muslim-majority countries and a ban on refugees, but a fight over the legality of his latest restrictions still could reach the nine justices.

The high court said it will not hear the case brought by Hawaii over the bans, which have expired and been replaced with revised policies. Trump’s 120-day ban on refugees ended on Tuesday and is set to be replaced by a new set of restrictions.

Two lower courts have blocked Trump’s new ban targeting people from eight countries, Trump’s third set of travel restrictions, and the issue could find its way back to the Supreme Court on appeal.

The court on Oct. 10 disposed of the first of two travel ban cases — brought by the American Civil Liberties Union and others in Maryland — after Trump’s earlier 90-day ban on people entering the U.S. from six predominantly Muslim countries expired on Sept. 24. It was a replaced with a modified, open-ended ban involving eight countries.

The justices had been scheduled to hear arguments in the two consolidated on Oct. 10.

Among the issues raised by challengers was whether the travel ban discriminated against Muslims in violation of the U.S. Constitution’s prohibition on the government favoring or disfavoring a particular religion. The same arguments are being used against the new ban.

Trump has said the restrictions were needed to prevent terrorism in the United States.

The expired ban had targeted people from Iran, Libya, Syria, Yemen, Somalia and Sudan. The new ban removed Sudan from the list and blocked people from Chad and North Korea and certain government officials from Venezuela from entering the United States.

If the new restrictions go into effect, they could block tens of thousands of potential immigrants and visitors to the United States. Trump had promised as a candidate “a total and complete shutdown of Muslims entering the United States.”

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Kenya crisis deepens as judges’ absence means vote goes ahead

Kenya crisis deepens as judges' absence means vote goes ahead

By George Obulutsa and Katharine Houreld

NAIROBI (Reuters) – Kenya plunged deeper into crisis on Wednesday after a no-show by the majority of Supreme Court judges scuppered an eleventh-hour petition to delay a presidential election and the governor of a volatile opposition region endorsed rebellion against the state.

Within minutes of Supreme Court chief justice David Maraga announcing that five judges had failed to turn up, preventing a quorum, hundreds of supporters of opposition leader Raila Odinga took to the streets of Kisumu, his main stronghold.

Riot police used teargas to disperse them.

Odinga had successfully challenged the outcome of an initial ballot in August, which he lost, in the same court.

“We were expecting Maraga to cancel (Thursday’s) elections. This means the push for postponement of the election is on,” said George Mbija, a motorcycle taxi driver in the western city, repeating an Odinga demand for a clear-out of election board officials.

“As we wait for Raila to give us the direction, the status quo remains – No reforms, No election.”

The opposition leader has called on loyalists to boycott Thursday’s vote, because he said the election board’s failure to institute reforms means it will be neither free nor fair.

Kisumu governor Anyang Nyong’o, a hardline Odinga supporter, went a step further.

“If the government subverts the sovereign will of the people … then people are entitled to rebel against this government,” Nyong’o told reporters in Kisumu.

Such comments seem certain to fuel fears of a major confrontation with security forces, already blamed for killing nearly 50 people in Kisumu and Nairobi slums after the canceled August vote.

For many in East Africa’s economic powerhouse, the instability will also rekindle memories of large-scale ethnic violence that killed 1,200 people following a disputed election in 2007.

President Uhuru Kenyatta, who won the annulled election by 1.4 million votes, has made clear he wants the re-run to go ahead and with the Supreme Court – the only institution that can delay it – unable to meet, it appears he will get his way.

“God is great! The evil schemes to deny Kenyans the right to vote kesho (tomorrow) have failed. WE WILL DECIDE and move our country forward tomorrow,” Deputy President William Ruto said in a tweet.

In his announcement on live television, Maraga said one judge was unwell, another was abroad and another was unable to attend after her bodyguard was shot and injured on Tuesday night. It was unclear why the other two were absent.

Election board lawyer Paul Muite said Maraga’s statement meant the election would proceed as planned.

“It means elections are on tomorrow. There is no order stopping the election,” he told the Citizen TV station.

In the capital of Nairobi, hundreds of opposition supporters began to converge on Uhuru Park, waiting for Odinga to give a speech in which he promised to outline his strategy for election day.

“RECIPE FOR CHAOS”

If the election goes ahead, it is likely to deepen the ethnic and political divides that have frequently sparked violence in Kenya, a key Western ally in a turbulent region.

In a related ruling, High Court Judge George Odunga said some local election officials had been appointed in an irregular manner, but to withdraw at the last minute would only make an already dire situation worse.

“For the elections to proceed in the absence of the said officers would in my view constitutional crisis of unimaginable magnitude. Simply put, it would be a recipe for chaos.”

However, he admitted that not dismissing them could form the grounds for legal challenges afterwards. The Supreme Court has said it is prepared to annul the re-run, and send the country of 45 million back to square one, if it does not pass muster.

Opposition lawyers seeking to challenge the Oct. 26 polls could also cite the failure of the election board to hold elections in all parts of the country, if enough polling stations are unable to open.

In Kisumu, returning officer John Ngutai said that attacks by opposition supporters last week meant the election board had only managed to train 250 out of 1,300 staff they needed to hold the election in his constituency.

“Our trainings were disrupted and officials attacked, so some people withdrew,” he said.

Both the European Union and the Carter Center, an election-monitoring group run by former President Jimmy Carter, have said they will reduce their monitoring missions amid rising tensions between the Kenyatta and Odinga camps.

Foreign observers were heavily criticized by the opposition in August for focusing on the vote, rather than the tallying process led by the IEBC election board.

“The current political impasse constrains the IEBC’s ability to conduct a credible election,” the Carter Center said. “There is a serious risk of election-related violence should the elections go forward.”

(Additional reporting by Maggie Fick, David Lewis and John Ndiso; Writing by Ed Cropley; editing by Richard Balmforth)

Two fatally shot at Louisiana’s Grambling State University

(Reuters) – Two men were shot and killed at Grambling State University in Louisiana, and police searched on Wednesday for the assailant who fled the scene, school and law enforcement officials said.

A student, Earl Andrews, 23, and Monquiarious Caldwell, 23, who was not enrolled at the university, were fatally shot during an altercation in a campus courtyard shortly after midnight Wednesday, the officials said.

The shooting came after an argument in a dormitory room, said Major Chad Alexander of the Lincoln Parish Sheriff’s Department, the agency investigating the incident.

Grambling spokesman Will Sutton said in an email, “Our prayers go out to the victims and their families. Violence has no place on our campus.”

Classes were scheduled on Wednesday, Sutton said.

“It is homecoming week, a normally joyful time,” he said. “We would never have anticipated anything like this. It’s such senseless violence.”

Both of the shooting victims were from Farmerville, Louisiana, Sutton said.

Grambling State University is a historically black college attended by about 4,800 students in Grambling in northern Louisiana.

(Reporting by Brendan O’Brien in Milwaukee and Bernie Woodall in Fort Lauderdale, Fla.; Editing by Colleen Jenkins and Jeffrey Benkoe)

Crisis over Catalan independence nears crucial few days

Crisis over Catalan independence nears crucial few days

By Paul Day and Angus MacSwan

MADRID (Reuters) – Catalan separatist leader Carles Puigdemont is likely to go to Madrid on Thursday to explain his position on independence from Spain and try to stop the national government imposing direct control on the region.

The timing of Puigdemont’s appearance before the Senate suggests he is now unlikely to formally declare independence or call a snap regional election on Thursday, as many analysts had expected. He could still do this on Friday before the Senate strips him of his powers and imposes direct rule from Madrid.

An appearance at a Senate debate could pit Puigdemont face to face with Prime Minister Mariano Rajoy who is vehemently opposed to independence for Catalonia.

The political crisis, Spain’s worst since democracy was restored four decades ago, has become increasingly fraught at the prospect of civil disobedience and even confrontation if Madrid goes ahead with taking direct control of Catalonia in the next few days.

The conflict has caused deep resentment elsewhere in Spain, dented the prosperous region’s economy, and worried other European leaders who see it as fanning separatist sentiment elsewhere on the continent.

Secessionists in Catalonia say an independence referendum on Oct. 1 — which attracted a 43 percent turnout but was mostly boycotted by those Catalans who want to remain in Spain — has given them a mandate for statehood.

The Madrid government declared the referendum illegal and has spurned Puigdemont’s calls for dialogue, instead opting to take control of a region which now has a large measure of autonomy.

It has, however, invited Puigdemont to debate in the Senate.

“President Puigdemont is willing to attend the Senate to explain the allegations, explain his political position, and explain how we have arrived here,” a lawmaker for PDCat (Catalan Democratic Party) said on Wednesday.

Thursday would be the most convenient day, he said.

However, Puigdemont is unlikely to make much headway against a government which vehemently opposes full independence and is using all its legal and political power to stop it.

On Friday, the Senate is due to strip him of his powers and impose direct rule, although the actual steps could be taken gradually in order not to inflame the situation.

ROCK AND A HARD PLACE

Catalonia said on Monday it was confident its officials, including the police, would defy attempts by Madrid to enforce direct rule.

A senior Catalan politician said on Tuesday secessionist leaders may call a snap election to try to break the deadlock. The Catalan parliament meets on Thursday and Friday.

Some Spanish political and business leaders, along with most Catalan newspapers, have urged Puigdemont to call a regional election before he is stripped of his authority. They say direct rule from Madrid would be a humiliation for Catalonia and pose a serious risk of civil unrest.

Calling an election could either strengthen Puigdemont’s mandate if pro-independence parties won, or allow him a graceful exit if they did not.

An opinion poll published by the El Periodico newspaper on Sunday showed a snap election would probably have results similar to the last ballot, in 2015, when a coalition of pro-independence parties formed a minority government.

Justice Minister Rafael Catala said that if Puigdemont appeared before the Senate, it would help resolve the crisis. Madrid has so far refused to meet him until he drops his call for independence.

“If his appearance is within the constitution and the law we’ll be delighted…but if it’s just to ratify his position on Catalonia’s independence, sadly we will not be able to do anything else than continuing with the measures already set by the government,” Catala said.

Analyst Antonio Barroso of Teneo Intelligence said Puigdemont was caught between radicals and moderates in the Catalan establishment.

Radical elements want him to make the Catalan parliament declare independence unilaterally on Thursday or Friday. This would provoke a tough government reaction, playing into their hands, he said.

More moderate voices have said that if he calls an early election, he could stop the imposition of direct rule.

Puigdemont is likely to repeat his call for a dialogue between the Catalan authorities and Madrid and remain ambiguous on his next steps, Barroso said.

“Both sides are engaged in a game to tag each other with the blame for what happens next,” he said.

(Reporting by Paul Day,; Writing by Angus MacSwan; Editing by Julien Toyer and Richard Balmforth)