August 29, 2005
HarryTho's Monday Evening Natalee Holloway Update and CommentaryTopics: Natalee Holloway
While reports on Katrina's devastation continue to "pour" in, the information on Natalee Holloway's disappearance continues to "dribble" in, at least in terms of substantive news, as it has since she first disappeared. However, scant as substantive information on Natalee has been, it's been more than made up for in terms of interest, intrique, and mystery. It certainly hasn't been lacking in it's share of sub-plots. Today has been no different than before.
CBS News reported today that Divers found nothing at the coordiantes, and surrounding areas, indicated by the human bones detector. Eight volunteer divers searched the area extensively, some one mile off the shore of the Holiday Inn. Joe Walker, the inventor of the human bones detector, has left Aruba (and returned to the Middle Ages).
On that little topic of sub-plots, reader "Kat" sent us a comment with this link! It is pretty good! Suriname clearly highlights the growing sex trade trafficking in the Caribbean.
Human trafficking in The Bahamas, Barbados, Guyana, Jamaica, the Netherlands Antilles, Saint Lucia and Suriname is center stage at the Organization of American States (OAS), where the aforementioned conference opened Monday morning with government officials and experts discussing counter-trafficking strategies and unveiling a ground-breaking study entitled, "Exploratory Assessment of Trafficking in Persons in the Caribbean Region."Their ambassador is practically using our very words previously written at Hyscience in which he speaks of payoffs of local police officers in order to gain their tolerance of brothels in their jurisdictions or to allow individuals to recruit women for prostitution purposes, and also of how common it is to have organized crime groups infiltrate prosecution institutions and other information gathering channels. No one can say for sure at this point that this isn't related to what happened to Natalee.
Nancy Grace interviews Beth & Jug Twitty, Linda Allison, Anne Bremmer and Harris Faulkner. Jug continued his degradation of Paulus van der Sloot. Jug could not understand why the police never searched Paulus' house. Nancy stated that the Aruban police should have searched Paulus' house with their search warrant, because search warrants contain the notion of curtilage.
Curtilage refers to the buildings or spaces closely-surrounding a house, under warrant, that are continually used for domestic purposes and are necessary for family purposes. Clearly, Paulus' house resides close to Joran's; however, the warrant specifically-identifies property owned by Joran van der Sloot to be searched. In contradistinction to Nancy Grace, a former prosecutor in Atlanta, the Fourth Amendment (USA) specifically-protects against unreasonable searches. Paulus' house is distinct from Joran's. Joran does not "continually use for domestic purposes" Paulus' house. The keyword here is "continually use." Joran has his own house. If the Aruban police searched Paulus' house, the evidence collected, if any, may have been denied under the Napoleonic Code, since Paulus was not identified in the search warrant. Furthermore, there was no reasonable cause to search Paulus' house. In the USA, privacy concerns override the definition of curtilage. We have to assume that since "curtilage" seems to have a French origin, it would be likely to have a similar interpretation under the Napoleonic Code.
Beth reported that she was in Birmingham for an auction when she heard the news that the Kalpoe brothers were rearrested.
Linda Allison went through a list of items auctioned off in Birmingham.
Anne Bremmer feels the case is still chasing shadows. She does not believe, despite the current arrests, that the case is any closer than the first week of the investigation.
Harris Faulkner reported that the Kalpoes felt that they would walk, before they were arrested on Friday. Word has come out that the Kalpoes want to sue over the loss of their computers.
Dan at Riehl World View has an important information post that we'd like to help pass along: The family of Natalee Holloway wants people to feel free to come forward with information and they will guarantee you anonymity. Please send legitimate leads, tips, or information which can help find Natalee Holloway, or resolve her disappearance to HELPFINDNATALEE@COMCAST.NET
A note from Dave Holloway (To Dan Riehl): Dan, at the request of many E-mailers, we have set up a PAYPAL account. Could you please post this. Thanks! The account is the same. HELPFINDNATALEE@COMCAST.NET These funds are being utilized to pay attorney fees, hire divers, and pay for search efforts. Thanks! Dave
Nancy Grace reports that Prime Minister Oduber is suing Josie Mansur and the Dairio newspaper for defamation of character. Nancy says Josie Mansur is in the hospital, being treated for a heart ailment.
Harris Failkner suggests that the suit may have more to do with the Prime Minster's political career. Nancy asks if suing people gets someone elected.
The Kalpoes were interrogated today.
Lisa Wayne stated that a confession alone will not bring a conviction in this case. Lisa continues with potential abusive treatment to which suspects can be subjected under Aruban Law, and the judge has to take those "extreme" subjugations into consideration when reviewing cases.
Nancy re-aired an old Mansur interview in which Josie stated that the police went back to square one in the investigation and determined that with the current statements of the suspects, they can prosecute for sexual assault. Murder is too far of a reach.
Posted for HarryTho
Posted by Richard at August 29, 2005 10:18 PM
"Lisa Wayne stated that a confession alone will not bring a conviction in this case. Lisa continues with POTENTIAL ABUSIVE TREATMENT TO WHICH SUSPECTS CAN BE SUBJECTED UNDER ARUBAN LAW, and the judge has to take those "extreme" subjugations into consideration when reviewing cases."
HarryTho, you are a cautious gentleman to so paraphrase Lisa Wayne's comments regarding "ABUSIVE TREATEMT." What I actually heard Lisa say was that suspects may be "BEATEN" (Yes! Beaten!) by Aruban interrogators into forced confessions. Of course, Lisa noted that the JUDGE would certainly weigh such torture in his her ultimate decision(s).
Woe be to the whole process, if this be true!!!
Is this true?!! Did I hear this correctly?
Perhaps I've missed something in the news along the way? This is the FIRST TIME that I've heard that such types of tactics are permitted in the Aruban interrogation process.
On the one hand, interrogation by torture might be exactly what most of the posters on several of the more incontinent Natalee Blogs would welcome.
(ASIDE: With respect to our Homeland Security, Aruba might be a much better place to turn over those stubborn terrorist suspects; certainly it is a lot closer geographically than Egypt; think of the av-gas savings!)
On the other hand, if the BEATINGS during interrogation are truely the Aruban modus operandi, then I would certainly be suspect of any and all results that are derived from such ... uh ... "proceedings" ???@#%%**^!!!
HARRYTHO! What can you find out about this? Verdad? Or Nay?
Jack in Southern California
Posted by: Jack In Southern California at August 30, 2005 12:55 AM
There are essentially two kinds of law for civilians: civil and common.
Common law is popular throughout the English-speaking countries of the world. Common law is based upon case law and statutes. In layman's terms, common law unfolds with precedents set by prior customs and judicial decisions.
Civil law is popular throughout French- and Spanish-speaking territories of the world. Civil law follows down from the Roman Empire and is based upon codes. Napoleon updated the codes of the Roman law, and recent civil law is sometimes referred to as the Napoleonic Code.
What is the difference between the two laws with respect to Aruba?
First, Aruba, as in Holland, follows the Napoleonic Code. Hence, in a criminal situation, you are considered guilty, if you violate a law established by the Napoleonic Code. This is quite distinct from common law in which a judge, or jury, will determine whether or not you violated a law. This is where the notion of innocent until proven guilty originates.
Accordingly, if you are arrested on suspicion of violating a code, the code is well established in civic law. Hence, there is a presumption of guilt. It is not to be confused with the notion of guilty until proven innocent. However, a presumption of guilt does permit more latitude with respect to interrogation. One only need recall the methods of the Spanish Inquisition under Tomas de Toquenadas to realize that the latitude could be taken to the extreme.
In our present day, civic law in Aruba represents a more humanitarian approach to interrogations and incarcerations. I believe, Arlene Ellis-Schipper has made the point quite clear that torture or physical enticement of any kind is strictly forbidden in Aruba. On the other extreme of interrogation, in Irian Jaya (now Papua), Republic of Indonesia (a former Dutch colony), Swiss journalist Oswald Iten reported on his experience of some 12 days in a municipal Jayapura jail in which he describes an Orgy of Torture.
Testimonies: Oswald Iten Orgy of Torture
Caution: This link contains savagery that may be unsuitable for American readers.
In the USA, we have 49 states employing common law and one state, Louisiana, operating under civic law.
Posted by: harry at August 30, 2005 5:29 PM
Harry .. Aloha Pumahana!
Alas, LISA WAYNE nonetheless stated on NANCY GRACE's CNN show yesterday evening that Aruba has been known to "BEAT" Suspects during interrogation.
That statement did not even loosen one of NANCY GRACE's eyelashes.
Thus, the question still remains whether the Kalpoe's, Freddy or any of the other new boys on the cell block are being subjected to "intense special treatment" during their interrogations (i.e. beatings, etc) -- regardless of whether the venue observes civil or common law.
Posted by: Jack in Southern California at August 30, 2005 6:29 PM
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