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Today — 23 December 2024News

【重温】中国新闻周刊|南昌女子被送精神病院事件调查,该院强制他人入院曾败诉

By: unknown
23 December 2024 at 09:22
CDT 档案卡
标题:南昌女子被送精神病院事件调查,该院强制他人入院曾败诉
作者:张馨予
发表日期:2023.1.5
来源:中国新闻周刊
主题归类:李宜雪事件
版权说明:该作品版权归原作者所有。中国数字时代仅对原作进行存档,以对抗中国的网络审查。详细版权说明

这几天,李宜雪讲了很多遍她被送入精神病院的经过。她的表情往往看不出太大波澜,语气平静,回答提问时习惯分点叙述,说到气愤时也不会提高太多音量,“我不想在别人面前表现得情绪激动,会显得我好像真的不太正常。我尽量让自己保持一个冷静理智的状态”。

2022年4月22日凌晨,李宜雪被南昌市公安局西湖分局丁公路派出所送到江西省精神病院,住院56天。李宜雪称,被送到精神病院之前,她曾向丁公路派出所告发辅警赖某吉猥亵自己。

李宜雪将这段在精神病院的经历视作迄今人生遇到最大的坎儿。出院后不到一个月,李宜雪以医疗损害责任纠纷为由起诉江西省精神病院,随后开始在网上曝光她的遭遇。2022年12月6日,该案一审开庭,但尚未宣判。

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2022年4月21日,李宜雪在商场的室外楼梯“散心”,随后被丁公路派出所带到江西省精神病院。拍摄:张馨予

随着公众对这起事件的关注不断升温,2022年12月21日,南昌市公安局西湖分局发布通报。根据通报,警方认定赖某吉不存在猥亵行为,鉴于李宜雪先后4次在公共场所扬言自杀,并称自己患有抑郁症、晚上睡不着觉,丁公路派出所出于对李宜雪的人身安全考虑,依法将其送江西省精神病院,经医院精神障碍诊断后收治入院。

李宜雪不认可警方通报中的多处说法。她对《中国新闻周刊》说,在诉江西省精神病院的民事诉讼一审宣判后,她还将分别向江西省精神病院和丁公路派出所提起刑事诉讼。

不予立案的猥亵事件

李宜雪被送入精神病院的开端,是一件各执一词的猥亵事件。

在李宜雪的讲述中,猥亵事件的发生始于赖某吉的主动接近。2022年3月中旬,因一起民事纠纷,李宜雪到丁公路派出所报警,派出所不予立案,接下来的一段时间里,李宜雪为这起纠纷多次来到丁公路派出所。到了4月14日,李宜雪再一次来到丁公路派出所询问案件进展,第一次见到辅警赖某吉。“4月15日,赖主动电话联系了我,说这起案子他可以帮我忙,要见面聊。”

李宜雪说,当时由于南昌疫情严重,所在小区处于封控状态,她没有办出入证,所以住在家附近的酒店。接到赖某吉的电话后,李宜雪提议在酒店大堂见面,“但是他说酒店离西湖分局太近了,在大堂容易碰见熟人,还是在房间聊比较方便。”西湖分局距该酒店仅250米,步行时间少于5分钟。李宜雪称,4月15日下午5点多,赖某吉来到她住的房间,穿着便装,没有佩戴执法记录仪。

“进了房间,他先是搬了一把椅子坐在床边,我坐在床上,和我交流案情。”李宜雪记得,聊了10多分钟,赖某吉话锋一转,说“如果你是我女朋友,我明天就能帮你平了这件事”,之后就起身亲她摸她。李宜雪开始反抗,声称要报警,“说了这句话,他就停止了行为。”李宜雪说,赖某吉随后开始道歉,甚至下跪扇自己巴掌,请求她不要到派出所告发他。

李宜雪回忆,赖某吉直到4月16日早上6点才离开,两人一夜未眠,赖某吉“一直在跟我诉苦,道歉,打感情牌”,并在当天晚些时候发短信道歉。4月17日,赖某吉再次约她见面,两人这次约在酒店大堂一侧的餐厅,“他还是那些话,说他这两天上班心神不宁,然后直接在大厅跪下来了。”因为动静太大,酒店前台一位工作人员上前询问,赖某吉随后离开酒店。李宜雪说这是两人最后一次见面。

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李宜雪。拍摄:张馨予

直到在2022年4月22日被送到精神病院,李宜雪都没有想到调取酒店大堂的监控录像。从精神病院出院的第二天,李宜雪联系酒店,希望调取监控录像,作为证据,但酒店告知监控录像已经过期,无法查询。

2022年12月29日,《中国新闻周刊》来到李宜雪与赖某吉见面的酒店,前台工作人员称酒店的监控录像只保存一个月,并且2022年4月17日值班的工作人员早已离职。

赖某吉的讲述与李宜雪截然不同。南昌市公安局西湖分局拒绝了《中国新闻周刊》的采访请求,记者未能联系到赖某吉。而赖某吉之前在接受媒体采访时表示,2022年4月15日李宜雪两次拨打其电话,邀约他到酒店见面,中途曾打算离开,后被李宜雪电话叫回。赖某吉还放出了部分当晚与李宜雪的对话录音,他在录音中说“你不要叫我来酒店”以及“我又没办事”。

赖某吉说,他从未对李宜雪有过猥亵行为,并表示李宜雪在房间内精神状态有异样,行为让他感到害怕,“打开门进去之后,就看到卫生间从走廊那个门到房间里面,地上都是水,床上也是湿的。”

对于赖某吉的说法,李宜雪称其放出的录音经过剪辑,非完整录音,并说“如果他没上床,怎么会知道床是湿的?”

根据南昌市公安局西湖分局于2022年12月21日发布的通报,经调取李、赖双方笔录,收集李宜雪入住酒店工作人员以及商场保安、邻居、家属证言,查看李、赖双方通话记录、现场录音等材料,认定赖某吉不存在猥亵行为,公安机关已依法作出不予立案决定。

由于辅警赖某吉私自会见纠纷当事人,违反工作纪律,丁公路派出所对其作出通报批评并予以停职。因该违纪行为,赖某吉未能通过员额制辅警过渡政审,遂于2022年9月5日离职。

收治入院前的三小时

李宜雪被送到精神病院,发生于猥亵事件的一个星期后。

“那件事发生之后,我就有了失眠的症状。”2022年4月21日晚,睡不着的李宜雪想出门散心,走到酒店附近的一家商场。商场停车场旁有一处三层高的室外楼梯,李宜雪在晚上10点左右走到室外楼梯上,“想吹吹风静一下。”李宜雪补充说,她那天没有轻生意图。

由于当时南昌部分区域执行封控管控措施,商场周边街道几乎没有行人,李宜雪独自站在室外楼梯,引起了保安的注意。李宜雪称保安让她下楼,她不愿意,两人发生口角,保安随后报警,称李宜雪要跳楼。

李宜雪回忆,保安报警后没过多久,开来一辆警车,车上是4名她之前在丁公路派出所见过的民警。过了10分钟左右,又来了一辆警车,一共来了8名民警,加上商场保安共有9人。李宜雪说,双方当时僵持了一会儿,然后她说出了赖某吉猥亵的事情,“我一说这件事,一个民警就关掉了执法记录仪,支走了保安,然后他们就沉默了十几秒。”在李宜雪没有注意时,一位民警上了楼梯,随后“把我拽到一楼,然后把我塞进警车,开到丁公路派出所门口”。

在丁公路派出所门口,李宜雪没有下警车。她回忆说,“一位姓赵的民警进到派出所,差不多10分钟后出来,手上拿了一沓纸质材料,然后警车直接就开到了江西省精神病院。”

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江西省精神病院。拍摄:张馨予

2022年12月29日,《中国新闻周刊》记者向商场一位陈姓保安主管求证2022年4月21日晚的情况,该主管称除非有公安机关介入,否则拒绝采访。丁公路派出所王所长此前接受媒体采访时表示,李宜雪在2022年4月21日当晚未提起赖某吉猥亵一事,并表示这已经不是李宜雪第一次在该广场实施轻生行为。在警方通报中,南昌市公安局西湖分局也称李宜雪先后4次在公共场合扬言自杀,依法将李某雪送江西省精神病院。

根据《中华人民共和国精神卫生法(2018修正)》(以下简称《精神卫生法》)第二十八条,疑似精神障碍患者发生伤害自身、危害他人安全的行为,或者有伤害自身、危害他人安全的危险的,其近亲属、所在单位、当地公安机关应当立即采取措施予以制止,并将其送往医疗机构进行精神障碍诊断。

中国政法大学刑事司法学院副教授陈碧对《中国新闻周刊》说,如果当事人确实存在自杀、自伤的危险,公安机关有权决定是否需要将其送往医疗机构进行精神障碍诊断。否则,该处理而未处理就可能造成严重后果,当事人及其家属可以提起行政不作为之诉。

不过,陈碧补充说,《中华人民共和国警察法》第十四条规定,需要送往指定的单位、场所加以监护的,应当报请县级以上人民政府公安机关批准,并及时通知监护人,“这个案件,还需要核实警方是否履行了上述义务”。

入院治疗程序是否合法?

李宜雪被丁公路派出所民警送往江西省精神病院的时间,是在2022年4月22日凌晨1点左右。两个小时后,她作为患者住进江西省精神病院,在里面接受近两个月的治疗。

根据李宜雪的出院记录,江西省精神病院对她的入院诊断是“人格障碍”,入院情况写道她“反复发脾气、人际关系不稳十余年、表现偏执敏感、以自我为中心、记仇易报复”。

但李宜雪对江西省精神病院的诊断存在质疑。她说面诊时,医生只问了她两个问题,一个是“你是不是经常心情不好”,另一个是“你是不是经常容易为一些事纠结,导致失眠”。她对这两个问题都给出了肯定的答案。李宜雪说,面诊过程中,民警出具了一张肇事肇祸证明。随后她被带出房间,一位民警与医生进行了交流。等李宜雪再被叫进房间时,住院手续已经办好了。

2022年12月28日,《中国新闻周刊》记者来到江西省精神病院,希望了解医院对李宜雪的诊断依据和诊断过程。江西省精神病院拒绝接受《中国新闻周刊》的采访。

在李宜雪诉江西省精神病院案中,江西省精神病院在提交的答辩状中表示:“原告李宜雪因肇事肇祸被丁公路派出所民警强制带入我院,经门诊医师评估,当日按肇事肇祸程序收入我院。”

警方通报中,丁公路派出所将李宜雪送江西省精神病院收治的法律依据包括《精神卫生法》和《江西省肇事肇祸精神病人收治管理实施办法》。

根据2007年出台的《江西省肇事肇祸精神病人收治管理实施办法》,不能辨认或不能控制自己行为,发生以下肇事肇祸行为之一的精神病人应予以收治监护,包括杀人、伤害等严重侵害他人人身权利的;放火、爆炸、投毒、破坏等严重危害公共安全的;抢夺、损毁公私财物的;严重扰乱国家机关、企事业单位正常工作、生产秩序的;扰乱社会秩序,造成严重后果的。

陈碧认为,《江西省肇事肇祸精神病人收治管理实施办法》对于收治对象的限定明显小于《精神卫生法》。至于李宜雪是否符合应予以收治监护的对象,陈碧说“哪条可以用在李宜雪身上?我没看出来”。

另外,根据《江西省肇事肇祸精神病人收治管理实施办法》,“经鉴定确认发生肇事肇祸行为或有肇事肇祸倾向的精神病人,公安派出所应强制送精神病院治疗,同时逐级上报,并由设区市公安机关签发《收治肇事肇祸精神病人入院通知书》,交由精神病院治疗。”陈碧认为,这条规定有可能被扩大适用,侵犯相对人的人身权益,并且和上位法发生了冲突,“各地行政法规应当与上位法《精神卫生法》相符合”。

2010年前后,国内曾频频发生“被精神病”事件,在各方推动下,中国首部保障精神障碍患者权益的法律于2013年5月1日起正式施行。

《精神卫生法》明确,精神障碍的住院治疗实行自愿原则。根据《精神卫生法》第三十条,诊断结论、病情评估表明,就诊者为严重精神障碍患者并有下列两种情形之一的,才应当对其实施住院治疗:(1)已经发生伤害自身的行为,或者有伤害自身的危险的;(2)已经发生危害他人安全的行为,或者有危害他人安全的危险的。

如果是第一类情形,经监护人同意,医疗机构应当对患者实施住院治疗,但监护人不同意的,医疗机构不得对患者实施住院治疗,而是由监护人对其做好看护管理。如果是第二类情形,国家可以实施强制收治,但患者或者监护人如果对诊断结论有异议,可以要求再次诊断和鉴定。

陈碧说,当事人的监护人可以起到保护其合法权益的作用,如果当事人属于自杀自伤的情形,监护人可以拒绝住院治疗;如果当事人属于伤人的情形,可以要求再次诊断;还不满意的,可以再要求司法精神障碍鉴定。

而在李宜雪被江西省精神病院收治入院的当晚,其监护人并未签字同意李宜雪住院治疗。李宜雪回忆,当晚是由丁公路派出所民警在入院通知书上签字,随后她就被带到了住院病区。根据警方通报,李宜雪入院当日,“民警将李宜雪入院治疗情况告知了其家属”。

李宜雪的爷爷对《中国新闻周刊》表示,2022年4月22日李宜雪入院当日,没有任何家属在通知书上签字,到了早上,才有人通知李宜雪父亲,她已被强制送到精神病院。

李宜雪认为,她诉江西省精神病院,重点就在于该院的强制住院治疗程序是否合法。

在江西省精神病院,因肇事肇祸程序强制住院治疗的患者不在少数。

曾茵于2022年5月底被家人送到江西省精神病院,被诊断患有双向情感障碍后住院治疗近两个月。曾茵回忆,同一层有不少是通过肇事肇祸程序被警察送进精神病院的,其中有人已经住院治疗超过一年。曾茵说,有些肇事肇祸病人确实比较暴力,会攻击人,“感觉真的有病”,但还有一些肇事肇祸病人相处起来看不出症状。

根据《江西省肇事肇祸精神病人收治管理实施办法》,对公安机关强制送治的肇事肇祸精神病人,精神医学鉴定费用、基本治疗用药费用由财政给予报销,住院床位费减半。另外,上述办法指出,按每强制收治一名肇事肇祸精神病人补助100元的标准,适当增加公安部门强制收治管理专项经费。

南昌市财政局曾于2014年4月和2015年4月,两次公开市财政拨付收治肇事肇祸精神病人治疗补助经费情况。根据披露,2013年3月至2013年11月,江西省精神病院共收治出院肇事肇祸精神病人308名,南昌市财政局拨付补助经费91万元。2014年7月至2014年12月,江西省精神病院共收治出院肇事肇祸精神病人310名,南昌市财政局拨付补助经费91万元。

《中国新闻周刊》联系了南昌市财政局社保科,了解最近几年江西省精神病院收治肇事肇祸精神病人数量,以及市财政拨付收治肇事肇祸精神病人治疗补助经费的情况,未获得回复。

“我不是精神病人”

“我选择先告精神病院,是因为我想通过告赢精神病院证明我是一个正常人,之后才好继续告派出所,否则别人会拿我是一个精神病人说事。”李宜雪说,她对江西省精神病院的起诉,是她维权的第一步。

从得知要住院治疗的那刻开始,李宜雪就开始了“我不是精神病人”的自证。

大多数时候,李宜雪的自证是通过吵闹,极力否认自己是精神病人。一进住院病区,她就开始大叫,说她不是精神病人,凭什么住精神病院?她说,“护士告诉我,你不要情绪这么激动,你越哭越叫,就越像个精神病,你就越出不去。”

但李宜雪很难压抑自己的情绪。刚住院的几天,她拒绝服用医院开出的奥氮平、曲舍林等药物,“护士就会用约束带把我绑在床上,把药灌进去。”李宜雪说,一旦被绑在床上,就不会被轻易解开,她曾被绑过七天七夜。后来案件开庭时,李宜雪看到医院提供的材料中有厚厚一沓约束单。

李宜雪说,住院到一个月左右时,因为她情绪崩溃,产生了轻生的意图,“出院之后我爸爸才告诉我,当时医生就想对我使用电击疗法。因为电击疗法需要全身麻醉,要家属签字,我爸爸不同意,所以没有采用。”

李宜雪的爷爷告诉《中国新闻周刊》,李宜雪住院治疗后,其父曾多次想把女儿接回来,但都被医院拒绝了,“不要说接回来,去看她都不允许”。

后来,李宜雪逐渐接受在精神病院住院的事实。她会在每天早上6点起床,7点吃早餐,10点半吃午餐,下午4点半吃晚餐,其余时间都和其他约60位病人一起在活动室活动。在活动室,有人会不停地走圈圈,有些人会坐着一言不发,还有很多人会聊天,彼此交流为什么会住进医院。

在入院时,江西省精神病院对李宜雪的诊断是“人格障碍”,出院时又多了一个“强迫性障碍”。这是江西省精神病院根据李宜雪在医院的行为作出的诊断。李宜雪说,她喜欢反复地洗手,有时一天要洗三次澡。而在医院里,三五天乃至一星期才能洗一次澡,这让她难以忍受。正因如此,每次洗澡,李宜雪都会洗40分钟左右,“所以经常会被骂,也会因为这个被别人认为不正常。”

在对江西省精神病院的起诉书中,李宜雪的诉求包括确认医院在整个收治、治疗、护理过程中存在医疗过错行为,以及重新进行司法鉴定,证明自己精神一切正常,并要求江西省精神病院承诺今后永不收治她。

李宜雪向法院申请精神司法鉴定的过程并不顺利。李宜雪说,南昌市能够做这类精神司法鉴定的只有三家机构,其中一家是江西省精神病院,另外两家是江西求实司法鉴定中心和江西神州司法鉴定中心,它们分别以“只接受颅脑受重创的精神鉴定”和“提交材料不足”退回了李宜雪的申请。

2022年11月27日,李宜雪到一家三甲医院进行鉴定,根据面诊、脑CT以及一些量表,医院给出“无抑郁症状、无焦虑症状”的参考诊断,李宜雪将其作为证据递交给了法院。李宜雪说,后续如果要再进行精神司法鉴定,也不会在江西省内做,而是会选择北京、上海等城市。

对李宜雪而言,有一个让她心生希望的消息——曾有一位试图摘掉精神分裂症帽子的人,在对江西省精神病院的官司中胜诉。

南昌男子万友生在2008年12月7日被他人强制送入江西省精神病院,第二天在其母亲等人的强烈要求下离开医院。在出院小结中,医院诊断万友生患有“精神分裂症”,万友生之后将江西省精神病院告上法庭。

在案件历经一审、重审、二审后,南昌市中级人民法院认定江西省精神病院在收治万友生住院时不符合规范,但未认定“精神分裂症”的诊断是否合规。万友生提出申诉。2018年8月2日,江西省高院作出判决,认定江西省精神病院在未对万友生进行必要的检查亦未进行任何治疗的情况下,在出院小结中诊断其患有精神分裂症,“明显缺乏依据,不符合诊疗规范”。

(文中曾茵为化名)

张3丰的世界|总要有人做记者

By: unknown
23 December 2024 at 09:20
CDT 档案卡
标题:总要有人做记者
作者:张3丰的世界
发表日期:2024.12.21
来源:张3丰的世界
主题归类:记者
CDS收藏:公民馆
版权说明:该作品版权归原作者所有。中国数字时代仅对原作进行存档,以对抗中国的网络审查。详细版权说明

1

前几年朋友中流传一个段子:孩子高考要不要报新闻系?“这要看是不是亲生的,亲生的就建议不报。”

这话有一点心酸,有一点沉重,而今我觉得也有一点轻佻:你会怎样看待那些仍然在做调查新闻的记者呢?

2

中国调查记者不多了。好几年前张志安老师做过一个统计,有一百多。

现在可能又少了一百。

3

像刘虎这样的,不能在任何媒体工作,却仍然是我心中的“调查记者”。

真正的调查记者,已经很难在媒体工作了,因为大部分媒体都不做调查新闻了。

李微敖是为数不多的奋战在一线的调查记者。他说要感谢经济观察报,因为大部分稿件都能发出来。

4

据说成都有人批评李微敖,“就没有说过成都一句好话”。

他把这当成是褒扬。真正的记者是不会把“说好话”看成是自己的工作的。其实他也没有说过其他城市的好话。

再说了,说好话人实在太多太多了。

5

这几年李微敖有印象的报道很多。

影响最大的当然是安邦保险,那时很为他担心。

还有:某县县委书记打击举报人;张继科和景甜……很多人攻击他,他遭遇了网暴。

不是很担心网暴,成千上万人攻击他,他不会害怕。他手中一定有各种证据,在法律上也不会有风险。

但是我也能想象出他孤军奋战的背影。这就是这个时代的英雄人物。

6

几年前我写过一篇文章,把李微敖和刘虎称为“独狼型”记者,或者叫独行侠。

李微敖是有“单位的”,但是在过去20年他换过8次工作,几乎在所有有影响力的媒体都工作过。

他在做自己。秉承自己的理念,也自己承担风险。他是一个“独立作战单元”,和供职机构更多是一种合作关系。

这是一种流浪,可能也是“调查记者”的独特命运。不谋求升迁,也不连累机构。“能养活自己,却无法养家”——但是最重要的,其实是在流浪中保全了自己。

保全的是人格,一种媒体机构中已经很少人在乎的东西。

7

李微敖和成都有着很深的渊源,他一定是爱成都的(所以也一直关注着,“监督着”)。

他从北师大历史系毕业后到成都商报工作,2005年我到这家媒体工作时,和他成为同事,那是我们关注“公共”和社会议题的开始。

转眼间快20年了。我们方向不同,却都还在坚持着什么。

8

这种坚持,当然也是开心的。我赞同他公开场合中表现出来的乐观主义。

比如,他说现在的报道水平其实比以前高;现在投身于新闻业的年轻人,也比很多“老记者”起点高。

我还有一个判断:中国人整体上受教育程度在提高,这么大的国家,没有新闻业是不可想象的。

说到底,总会有人选择做记者。

Trump Names His Picks for Top Pentagon Roles

23 December 2024 at 10:27
They include a billionaire investor who supported Mr. Trump’s campaign, a former official who froze aid to Ukraine and a former executive at Uber.

© Dominic Gwinn/AFP — Getty Images; Ohio House of Representatives; Haraz N. Ghanbari/AP; Andrew Kelly/Reuters

President-elect Donald J. Trump’s Defense Department picks, from left: Elbridge Colby, Mike Duffey, Stephen A. Feinberg and Emil Michael.

Rome to regulate Trevi Fountain crowds after restoration

23 December 2024 at 07:56
Getty Images A general view shows the Trevi fountain after renovation works in Rome, on the day of its reopening with crowds of people huddling round the grand re-opening.Getty Images
More than 10,000 people used to visit the baroque landmark in Rome every day

Rome's world-famous Trevi Fountain has re-opened after a three-month restoration.

Built in the 18th Century by Italian architect Nicola Salvi on the façade of the Poli Palace, the historic fountain is one of the city's most visited spots.

Between 10,000 and 12,000 tourists used to visit the Trevi Fountain each day, but a new queuing system has been installed to prevent large crowds massing near the landmark.

Speaking on Sunday Mayor of Rome Roberto Gualtieri said imposing the limit will "allow everyone to better enjoy the fountain, without crowds or confusion".

Gualtieri also said city authorities were considering charging a modest entry price to finance the fountain's upkeep.

Sunday's re-opening took place under light rain in the presence of several hundred tourists, many of whom followed the mayor by throwing a coin into the fountain.

The three-month cleaning project involved removing mould and calcium incrustations.

The fountain and other key city sites have been cleaned ahead of the jubilee of the Roman Catholic Church which begins on Christmas Eve.

Getty Images  People visit the Trevi Fountain in Rome, ItalyGetty Images
A new queueing system will be put in place to avoid large crowds, like this in September 2024

Its poor structural condition was exposed in 2012 when bits of its elaborate cornice began falling off after an especially harsh winter which required a multi-million euro renovation the following year.

Making a wish and tossing a coin into the water is such a tradition that the city authorities used to collect around €10,000 (£8,300; $10,500) a week.

The money was donated to a charity that provides meals for the poor.

The Trevi fountain

Getty Images An old photo of the Trevi Fountain in RomeGetty Images
  • Commissioned by Pope Clement XII in 1730
  • It is the end point of one of the aqueducts that supplied ancient Rome with water
  • The Acqua Vergine runs for a total of 20km (12 miles) before flowing into the fountain
  • Tourists can drink from a special tap tucked away at one side
  • According to legend, the water source was discovered in 19 BC by thirsty Roman soldiers directed to the site by a young virgin - which is why it is called Virgin Waters
  • The tradition of throwing coins into the fountain was made famous by Frank Sinatra's Three Coins in the Fountain in the 1954 romantic comedy of the same name

A dam ignited rare Tibetan protests. They ended in beatings and arrests, BBC finds

23 December 2024 at 08:09
Getty Images Treated image:  An aerial photo of the Wudongde Hydropower Station, in red, superimposed on a treated image of winding Jinsha river.Getty Images
Beijing's plan to build another dam on the Jinsha river, which runs through Tibetan territories, led to protests

Hundreds of Tibetans protesting against a Chinese dam were rounded up in a harsh crackdown earlier this year, with some beaten and seriously injured, the BBC has learnt from sources and verified footage.

Such protests are extremely rare in Tibet, which China has tightly controlled since it annexed the region in the 1950s. That they still happened highlights China's controversial push to build dams in what has long been a sensitive area.

Claims of the arrests and beatings began trickling out shortly after the events in February. In the following days authorities further tightened restrictions, making it difficult for anyone to verify the story, especially journalists who cannot freely travel to Tibet.

But the BBC has spent months tracking down Tibetan sources whose family and friends were detained and beaten. BBC Verify has also examined satellite imagery and verified leaked videos which show mass protests and monks begging the authorities for mercy.

The sources live outside of China and are not associated with activist groups. But they did not wish to be named for safety reasons.

In response to our queries, the Chinese embassy in the UK did not confirm nor deny the protests or the ensuing crackdown.

But it said: "China is a country governed by the rule of law, and strictly safeguards citizens' rights to lawfully express their concerns and provide opinions or suggestions."

BBC graphic showing location of Gangtuo dam project and affected villages and monasteries
The events took place in the southwestern province of Sichuan

The protests, followed by the crackdown, took place in a territory home to Tibetans in Sichuan province. For years, Chinese authorities have been planning to build the massive Gangtuo dam and hydropower plant, also known as Kamtok in Tibetan, in the valley straddling the Dege (Derge) and Jiangda (Jomda) counties.

Once built, the dam's reservoir would submerge an area that is culturally and religiously significant to Tibetans, and home to several villages and ancient monasteries containing sacred relics.

One of them, the 700-year-old Wangdui (Wontoe) Monastery, has particular historical value as its walls feature rare Buddhist murals.

The Gangtuo dam would also displace thousands of Tibetans. The BBC has seen what appears to be a public tender document for the relocation of 4,287 residents to make way for the dam.

The BBC contacted an official listed on the tender document as well as Huadian, the state-owned enterprise reportedly building the dam. Neither have responded.

Plans to build the dam were first approved in 2012, according to a United Nations special rapporteurs letter to the Chinese government. The letter, which is from July 2024, raised concerns about the dam's "irreversible impact" on thousands of people and the environment.

From the start, residents were not "consulted in a meaningful way" about the dam, according to the letter. For instance, they were given information that was inadequate and not in the Tibetan language.

They were also promised by the government that the project would only go ahead if 80% of them agreed to it, but "there is no evidence this consent was ever given," the letter goes on to say, adding that residents tried to raise concerns about the dam several times.

Then, in February, officials told them they would be evicted imminently, while giving them little information about resettlement options and compensation, the BBC understands from two Tibetan sources.

This triggered such deep anxiety that villagers and Buddhist monks decided to stage protests, despite knowing the risks of a crackdown.

'They didn't know what was going to happen to them'

The largest one saw hundreds gathering outside a government building in Dege. In a video clip obtained and verified by the BBC, protesters can be heard calling on authorities to stop the evictions and let them stay.

Watch: Hundreds of Tibetan protesters call for end to evictions

Separately, a group of residents approached visiting officials and pleaded with them to cancel plans to build the dam. The BBC has obtained footage which appears to show this incident, and verified it took place in the village of Xiba.

The clip shows red-robed monks and villagers kneeling on a dusty road and showing a thumbs-up, a traditional Tibetan way of begging for mercy.

Watch: Residents in Xiba kneel and plead with officials to stop the dam

In the past the Chinese government has been quick to stamp out resistance to authority, especially in Tibetan territory where it is sensitive to anything that could potentially feed separatist sentiment.

It was no different this time. Authorities swiftly launched their crackdown, arresting hundreds of people at protests while also raiding homes across the valley, according to one of our sources.

One unverified but widely shared clip appears to show Chinese policemen shoving a group of monks on a road, in what is thought to be an arrest operation.

Many were detained for weeks and some were beaten badly, according to our Tibetan sources whose family and friends were targeted in the crackdown.

One source shared fresh details of the interrogations. He told the BBC that a childhood friend was detained and interrogated over several days.

"He was asked questions and treated nicely at first. They asked him 'who asked you to participate, who is behind this'.

"Then, when he couldn't give them [the] answers they wanted, he was beaten by six or seven different security personnel over several days."

His friend sustained only minor injuries, and was freed within a few days. But others were not so lucky.

Another source told the BBC that more than 20 of his relatives and friends were detained for participating in the protests, including an elderly person who was more than 70 years old.

"Some of them sustained injuries all over their body, including in their ribs and kidneys, from being kicked and beaten… some of them were sick because of their injuries," he said.

Similar claims of physical abuse and beatings during the arrests have surfaced in overseas Tibetan media reports.

The UN letter also notes reports of detentions and use of force on hundreds of protesters, stating they were "severely beaten by the Chinese police, resulting in injuries that required hospitalisation".

Tsering Woeser A photo showing seated red-robed monks praying inside the Wontoe Monastery in Dege county. Tsering Woeser
The dam's reservoir would submerge the 700-year-old Wontoe Monastery...
Tsering Woeser An ancient, fading mural inside the Wontoe Monastery shows Buddha seated, with other images surrounding him - the mural is painted in red, blue, green, yellow and white.   Tsering Woeser
And its ancient, sacred murals

After the crackdown, Tibetans in the area encountered even tighter restrictions, the BBC understands. Communication with the outside world was further limited and there was increased surveillance. Those who are still contactable have been unwilling to talk as they fear another crackdown, according to sources.

The first source said while some released protesters were eventually allowed to travel elsewhere in Tibetan territory, others have been slapped with orders restricting their movement.

This has caused problems for those who need to go to hospital for medical treatment and nomadic tribespeople who need to roam across pastures with their herds, he said.

The second source said he last heard from his relatives and friends at the end of February: "When I got through, they said not to call any more as they would get arrested. They were very scared, they would hang up on me.

"We used to talk over WeChat, but now that is not possible. I'm totally blocked from contacting all of them," he said.

"The last person I spoke to was a younger female cousin. She said, 'It's very dangerous, a lot of us have been arrested, there's a lot of trouble, they have hit a lot of us'… They didn't know what was going to happen to them next."

The BBC has been unable to find any mention of the protests and crackdown in Chinese state media. But shortly after the protests, a Chinese Communist Party official visited the area to "explain the necessity" of building the dam and called for "stability maintenance measures", according to one report.

A few months later, a tender was awarded for the construction of a Dege "public security post", according to documents posted online.

The BBC has been monitoring the valley via satellite imagery for months. For now, there is no sign of the dam's construction nor demolition of the villages and monasteries.

The Chinese embassy told us authorities were still conducting geological surveys and specialised studies to build the dam. They added the local government is "actively and thoroughly understanding the demands and aspirations" of residents.

Development or exploitation?

China is no stranger to controversy when it comes to dams.

When the government constructed the world's biggest dam in the 90s - the Three Gorges on the Yangtze River - it saw protests and criticism over its handling of relocation and compensation for thousands of villagers.

In more recent years, as China has accelerated its pivot from coal to clean energy sources, such moves have become especially sensitive in Tibetan territories.

Beijing has been eyeing the steep valleys and mighty rivers here, in the rural west, to build mega-dams and hydropower stations that can sustain China's electricity-hungry eastern metropolises. President Xi Jinping has personally pushed for this, a policy called "xidiandongsong", or "sending western electricity eastwards".

Getty Images An aerial photo shows Wudongde Hydropower Station on the Jinsha river, the world's seventh largest hydropower station, on the channel of the Jinsha river in Liangshan prefecture, Sichuan Province, China, December 31, 2022. Getty Images
China has been building several dams on the Jinsha river, including the Wudongde Hydropower Station

Like Gangtuo, many of these dams are on the Jinsha (Dri Chu) river, which runs through Tibetan territories. It forms the upper reaches of the Yangtze river and is part of what China calls the world's largest clean energy corridor.

Gangtuo is in fact the latest in a series of 13 dams planned for this valley, five of which are already in operation or under construction.

The Chinese government and state media have presented these dams as a win-win solution that cuts pollution and generates clean energy, while uplifting rural Tibetans.

In its statement to the BBC, the Chinese embassy said clean energy projects focus on "promoting high-quality economic development" and "enhancing the sense of gain and happiness among people of all ethnic groups".

But the Chinese government has long been accused of violating Tibetans' rights. Activists say the dams are the latest example of Beijing's exploitation of Tibetans and their land.

"What we are seeing is the accelerated destruction of Tibetan religious, cultural and linguistic heritage," said Tenzin Choekyi, a researcher with rights group Tibet Watch. "This is the 'high-quality development' and 'ecological civilisation' that the Chinese government is implementing in Tibet."

One key issue is China's relocation policy that evicts Tibetans from their homes to make way for development - the same fate awaits the villagers and monks living near the Gangtuo dam. More than 930,000 rural Tibetans are estimated to have been relocated since 2000, according to Human Rights Watch (HRW).

Beijing has always maintained that these relocations happen only with the consent of Tibetans, and that they are given housing, compensation and new job opportunities. State media often portrays it as an improvement in their living conditions.

Getty Images A spectacular bend in the Jinsha river as it winds all the way around mountain, is seen in an aerial photo of Garze city, Sichuan Province.Getty Images
A spectacular bend in the Jinsha river: the rivers in China's west are being harnessed to power its eastern metropolises

But rights groups paint a different picture, with reports detailing evidence of coercion, complaints of inadequate compensation, cramped living conditions, and lack of jobs. They also point out that relocation severs the deep, centuries-old connection that rural Tibetans share with their land.

"These people will essentially lose everything they own, their livelihoods and community heritage," said Maya Wang, interim China director at HRW.

There are also environmental concerns over the flooding of Tibetan valleys renowned for their biodiversity, and the possible dangers of building dams in a region rife with earthquake fault lines.

Some Chinese academics have found the pressure from accumulated water in dam reservoirs could potentially increase the risk of quakes, including in the Jinsha river. This could cause catastrophic flooding and destruction, as seen in 2018, when rain-induced landslides occurred at a village situated between two dam construction sites on Jinsha.

The Chinese embassy told us that the implementation of any clean energy project "will go through scientific planning and rigorous demonstration, and will be subject to relevant supervision".

In recent years, China has passed laws safeguarding the environment surrounding the Yangtze River and the Qinghai-Tibetan plateau. President Xi has personally stressed the need to protect the Yangtze's upper reaches.

About 424 million yuan (£45.5m, $60m) has been spent on environmental conservation along Jinsha, according to state media. Reports have also highlighted efforts to quake-proof dam projects.

Multiple Tibetan rights groups, however, argue that any large-scale development in Tibetan territory, including dams such as Gangtuo, should be halted.

They have staged protests overseas and called for an international moratorium, arguing that companies participating in such projects would be "allowing the Chinese government to profit from the occupation and oppression of Tibetans".

"I really hope that this [dam-building] stops," one of our sources said. "Our ancestors were here, our temples are here. We have been here for generations. It is very painful to move. What kind of life would we have if we leave?"

Additional reporting by Richard Irvine-Brown of BBC Verify

The France rape trial throws up a difficult question about porn fantasies - and male desire

23 December 2024 at 08:35
Getty Images Treated image showing a man and a woman looking to the sideGetty Images

Warning: This story contains descriptions of sexual abuse

The Pelicot rape trial, which ended in France on Thursday, held a terrible fascination for almost every woman I know. As it unfolded in an Avignon court, I found myself following every awful detail, then discussing it with my female friends, my daughters, colleagues, even women in my local book club, as we tried to process what happened.

For nearly a decade, Gisèle Pelicot's husband had been secretly drugging her and inviting men he'd met on the internet to have sex with his "Sleeping Beauty" wife in the marital bedroom while he videoed them.

These strangers, ranging from 22 to 70 years in age, with jobs that included fireman, nurse, journalist, prison warden and soldier, complied with Dominique Pelicot's instructions. Such was their desire for a submissive female body to penetrate, they blithely had sex with a retired grandmother whose heavily sedated body resembled a rag doll.

There were 50 men in court, all living within a 50km (30 mile) radius of Mazan, a small town in southern France where the Pelicots lived. They were, apparently, just like "any other man".

One woman in her 30s told me "When I first read about it, I didn't want to be around men for at least a week, even my fiancé. It just horrified me."

Another in her late 60s, so close to Gisèle Pelicot's age, couldn't stop thinking about what men's minds could be harbouring, even her husband and sons. "Is this just the tip of the iceberg?"

Reuters A courtroom sketch of some of the defendants in the trialReuters
Some of the men on trial at the courthouse in Avignon

As Dr Stella Duffy, 61, an author and therapist, wrote on Instagram on the day the verdict was delivered: "I hope and try to believe #notallmen, but I imagine the wives and girlfriends and best mates and daughters and mothers of Gisèle Pelicot's village thought that too. And now they know different. Every woman I talk to says this case has changed how she views men. I hope it's changed how men view men too."

Now that justice has been done, we can look beyond this monstrous case and ask: where did these men's callous and violent behaviour come from? Could they not see that sex without consent is rape?

But there is a broader question too. What does the fact that so many men in a relatively small area shared this fantasy of extreme domination over a woman say about the nature of male desire?

How the internet changed the norm

It is hard to imagine the scale of the orchestrated rapes and sexual assaults of Ms Pelicot without the internet.

The platform on which Dominique Pelicot advertised for men to rape his wife was an unmoderated French website, which made it easier to bring together people who shared sexual interests, with no holds barred, than it would have been in the days before the internet. (It has now been closed down.)

One of Ms Pelicot's lawyers likened the site to a "murder weapon", telling the court that without it the case "would never have reached such proportions".

But the internet has played a role in gradually changing attitudes to sex in consensual and non-abusive settings too, normalising what many might have once seen as extreme.

Getty Images Close up of Gisele PelicotGetty Images
Gisèle Pelicot said after the verdicts that she wanted to 'think of the unrecognised victims whose stories remain in the shadows'

In the shift from old school skin mags and blue movies bought in a murky Soho sex shop to modern-day websites like PornHub, which had 11.4 billion mobile visits globally in the month of January 2024 alone, the boundaries of porn have expanded hugely. Adding in more and more extreme or niche activity ramps up the expectation, so "vanilla" sex may become mundane.

According to a survey of UK online users in January 2024, almost one in 10 respondents aged between 25 and 49 years reported watching porn most days, the great majority of them male.

Twenty-four-year-old university graduate Daisy told me that most people she knows watch porn, including her. She prefers to use a feminist site whose search filters include "passionate" and "sensual", as well as "rough". But some of her male friends say they no longer watch porn "as they couldn't have a nice time having sex because of watching too much porn when they were just kids".

A 2023 study for the children's commissioner for England, Dame Rachel de Souza, found that a quarter of 16 to 21-year-olds first saw pornography on the internet while still at primary school.

At the time Ms de Souza said: "The adult content which parents may have accessed in their youth could be considered 'quaint' in comparison to today's world of online pornography."

Does porn really shape attitudes?

Children who regularly viewed porn on mobiles before puberty inevitably grow up with different sexual expectations than those aroused by Playboy in the 20th century.

While no direct causal link has been established, there is substantial evidence of an association between the use of pornography and harmful sexual attitudes and behaviours towards women.

According to government research before the Covid-19 pandemic: "There is evidence that use of pornography is associated with greater likelihood of desiring or engaging in sexual acts witnessed in porn, and a greater likelihood of believing women want to engage in these specific acts."

Some of those acts may involve aggressive, dominating behaviour such as face slapping, choking, gagging and spitting. Daisy told me: "Choking has become normalised, routine, expected, like neck-kissing. With the last person I was seeing, I told him from the start that I wasn't into choking and he was fine with that."

But she believes that not all women will speak out. "And in my experience most men don't want a woman to be dominant in the bedroom. That's where they want to have the power."

Forty years older than Daisy, Suzanne Noble has written about her own sexual adventures and now has a website and podcast called Sex Advice for Seniors. She believes that the availability of porn that depicts rape fantasies normalises an act that is rooted in violence and depicts rape as an activity women crave.

"There's simply not enough education about the difference between re-enacting a fantasy that involves a pseudo-rape, with a completely non-consensual version of the same," she argues.

From small ads to real life

Just as the internet brought porn out of backstreets and into bedrooms, it has also facilitated easier access to events in real life. Previously people into, say, S&M (sadomasochism), might have connected through small ads in the back of "contact" magazines, using Post Office boxes rather than mail to their own homes. It was a very slow and arduous way of setting up a sexual encounter. Now it's far easier to connect with those groups online then plan to meet in person.

In the UK, it has become mainstream to find love and relationships through dating apps, and so too is it easier to connect with people who wish to try out particular sexual kinks, with a plethora of social apps such as Feeld, which is designed for people to explore "desire outside of existing blueprints". Its online glossary includes a list of 31 desires, including polyamory, bondage and submission.

Albertina Fisher is an online psychosexual therapist who, in the course of her job, talks to her clients about their sexual fantasies. "There is nothing wrong with having a sexual fantasy — the difference is if fantasy becomes behaviour without consent," she says.

Reuters A woman holds a sign saying Not All Men but Always a ManReuters
Demonstrators hold signs at a protest in support of rape victims and Ms Pelicot

Male and female fantasies are different she tells me, "but they very often include submission and domination. The key thing about sexual preferences such as BDSM (bondage, discipline or domination, sadism, and masochism) is that it is safe, sane and consensual. What two people want to do together is absolutely fine." This, she stresses, is the case when both consent.

All of this is, of course, entirely separate to the Pelicot case. "That is sexual violence," she says. "And it's extremely distressing that this can happen within what appeared to be a loving relationship. Acting out a fantasy without consent is an extreme form of narcissism.

"With the partner incapacitated, all their needs are denied. So you have a fantasy of a woman who you don't have to worry about pleasing."

Questions around desire

A key and problematic aspect of the whole question of fantasy is desire. In the post-Freudian age it has become a truism that desires should not be repressed. And much of the liberation theory of the 1960s emphasised self-actualisation through the realisation of sexual desire.

But male desire has become an increasingly contested concept, not least because of the questions of power and domination often entangled within it.

The men who stood trial in the Pelicot case struggled to see themselves as perpetrators. Some argued that they assumed Ms Pelicot had consented, or that they were taking part in a libertine sex game. As many of them saw it, they were simply pursuing their desires.

Getty Images A defendant in a mask walks through a crowd of journalistsGetty Images
A defendant arrives at the courthouse in Avignon

There is a dark borderline where a very basic form of heterosexual male desire - (or the primal urge to have sex with a woman, or women, in the most uncomplicated manner) - can grow into a shared endeavour, creating an esprit de corps of boundary-pushing that may pay little heed or care to the female experience.

This perhaps explains why an OnlyFans performer, Lily Phillips, recently drew a huge queue of participants in her quest to have sex with 100 men in one day.

The tendency to objectify women may in some cases also develop into a desire to annihilate the whole question of female desire, let alone agency.

Obviously male desire takes many forms, most of an entirely healthy nature, but it has traditionally been constrained by cultural limits. Now those limits have shifted radically in the UK and elsewhere in the West, and the underlying conviction that the realisation of desire is an act of self-liberation amounts to a potent and sometimes troubling combination.

The appeal of Andrew Tate

Andre de Trichateau, a therapist based in South Kensington, London, brought up the appeal of masculinist influencers such as Andrew Tate, a self-proclaimed "misogynist", who has 10.4 million followers on X.

Mr de Trichateau says that he has encountered men feeling demeaned and displaced by the rise of feminism. "Some men don't know who to be," he says. "Men are socialised to be dominant but also expected to be in touch with their emotions, able to show vulnerability.

"This confusion can lead to anger, directed to the feminist movement, and [in turn this can lead them to] people such as Tate."

With a 60% male client base, Mr de Trichateau observes that "men can be socialised to view power and dominance as part of their identity".

"This is not to justify anything like the Pelicot case," he continues, "but objectively I can see that such behaviour is an escape from powerlessness and inadequacy. It's tantalising and forbidden.

"The case is disturbing because it shows the extremities that people will go to."

He also pointed out that online groups such as the one Mr Pelicot used can be very powerful. "In a group you are accepted. Ideas are validated. One person says its OK then everyone will go along with it."

EPA Photograph of Andrew Tate smiling and wearing a purple blazerEPA
Andrew Tate, who was previously banned from Twitter for saying women should "bear responsibility" for being sexually assaulted. He has since been reinstated

Many of the conversations during and since the Pelicot trial have focused on how to make the distinction between consensual and non-consensual sex and whether it should be better defined in law - but the problem is that what consent amounts to is a complex question.

As 24-year-old Daisy sees it, some women of her age tend to go along with men's sexual preferences regardless of their own feelings. "They think something is hot if the man they are with thinks it's hot."

So, if heterosexual men, in particular, really are increasingly taking their sexual cues from pornography, then that prompts further questions about the changing shape of male desire. And if young women can feel that the price of intimacy is to go along with those desires, however extreme, then arguably consent is not a black and white matter.

Ultimately, there may be widespread relief that the Pelicot case is over and that justice was served, but it leaves behind even more questions - questions that, in the spirit of an amazingly strong French woman, are perhaps best discussed out in the open.

Lead image credit: Getty

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Woman dies after being set on fire on NYC subway

23 December 2024 at 06:49
Getty Images Police investigate at the Coney Island-Stillwell Avenue Station in Brooklyn after a woman aboard a subway car was set on fire and diedGetty Images
Police were called to Coney Island-Stillwell Avenue Station in Brooklyn after a woman on a subway car was set on fire

A suspect has been arrested in New York over the death of a woman who was set on fire on a subway train in Brooklyn.

Police Commissioner Jessica Tisch described the incident on Sunday as "one of the most depraved crimes one person could possibly commit against another human being".

She said the woman was sleeping on a stationary F train to Brooklyn when she was approached by the suspect who used a lighter to ignite her clothing.

The victim died at the scene, she said, adding that the suspect had been taken into custody after he was detained on another subway train.

Police said the woman, who has not been named, was sleeping in a subway carriage at the Coney Island-Stillwell Avenue station in Brooklyn at about 07:30 local time (12:30 GMT) when a man approached her.

There was no interaction before the attack, police said, adding that they did not believe the two people knew each other.

The man got off the train as police officers on patrol in the station rushed to the fire.

"What they saw was a person standing inside the train car fully engulfed in flames," Ms Tisch said.

Police are still working to identify the victim and the motive for the attack.

Wallace & Gromit without Peter Sallis is 'emotional' says Nick Park

23 December 2024 at 08:38
BBC/Aardman Animations/Richard Davies/Stuart Collis Wallace & Gromit in Vengeance Most Fowl, running away from something with Wallace holding a torchBBC/Aardman Animations/Richard Davies/Stuart Collis
Wallace & Gromit in Vengeance Most Fowl

If you asked TV viewers to name a favourite double act, chances are the two stars of Vengeance Most Fowl would be close to the top of the list.

It's Wallace & Gromit's first major appearance in over a decade, and the first film not to feature the voice of Peter Sallis as the cheese-loving inventor.

"It has been quite emotional [doing this production] since we lost Peter, he was such an original, unique voice," says Nick Park of Sallis, who died in 2017 at the age of 96.

"So it's very hard for anyone to step into his shoes. But we have been blessed with a youngish actor whom we've known for many years who can do a fantastic Wallace impersonation.

"He's stepped in very kindly, and is just great. It's hard to tell them apart."

PA Media The original voice of Wallace, Peter Sallis with Nick Park in 2008PA Media
The original voice of Wallace, Peter Sallis with Nick Park in 2008

Take a bow, Ben Whitehead - the 47-year-old actor and voice artist says he feels honoured to be taking on the role. But also admits to feeling a degree of pressure.

"Enormous pressure!" he tells the BBC.

"Because it's a very popular character. I got to work with Peter [Sallis] a couple of times for [2005's] The Curse of the Were-Rabbit film.

"So yeah, there's a great deal of pressure with that. And I feel very grateful to Aardman for giving me so much time to build the character.

"You kind of have to do the 'hmm' and the 'hee-hee'," he continues - demonstrating some Wallace-isms that sound indistinguishable from Peter Sallies's Yorkshire tones.

"Definitely the elongation of the vowels like 'cheeeeese'!"

Why return now?

Fans have been clamouring for more from the plasticine pair for years. So why now?

"Whenever we've done talks around the world, the last question is always, 'When is the next Wallace & Gromit film?', explains Park. "The last time we did that I just came home burning with this idea that's been around for years."

The idea was - what if Wallace created a pre-programmed, voice-controlled smart Gnome.

Enter Norbot, but of course regular viewers of Wallace & Gromit will be unsurprised to learn that the inventor's well-intentioned idea, as usual, ends up causing mayhem.

Aardman Animations Wallace & Gromit with the smart gnome NorbotAardman Animations
In Vengeance Most Fowl Wallace & Gromit are joined by smart gnome Norbot

This isn't the only familiar element to appear in this latest story.

This new adventure also features an old villain, the criminal mastermind Feathers McGraw, a chicken-impersonating-penguin whom Wallace & Gromit - mostly Gromit - defeated in 1993's The Wrong Trousers.

BBC/Aardman Animations/Richard Davies/Stuart Collis Feathers McGrawBBC/Aardman Animations/Richard Davies/Stuart Collis
Feathers McGraw is back

"Whenever we're out and about talking about the future of Wallace & Gromit, the single most asked question is 'when will Feathers be back?", says Merlin Crossingham, who directs Vengeance Most Fowl alongside Nick Park.

"Everybody loves a villain, it's often said your film is only as good as its villain, [so it] seemed a perfect opportunity to bring Feathers back for this story."

Aardman Animations Directors Merlin Crossingham and Nick Park on one of the film's setsAardman Animations
Directors Merlin Crossingham and Nick Park on one of the film's sets

Wallace & Gromit were first introduced to audiences with 1989's A Grand Day Out. Since then their adventures have involved everything from malfunctioning clothing to mysterious were-rabbits.

"I think Wallace & Gromit have so many facets to their relationship," says Crossingham.

"They are best pals. They're kind of partners in crime, they're man and dog. And hopefully in the films, their stories, and their relationship everybody young and old relates to them.

"I truly think it's that relatability, not just of their simplicity of lifestyle from which madness erupts.

"But everybody somewhere in the stories connects with them on some level.

"And I think that what Nick has created, right back at the beginning with A Grand Day Out, has really struck a chord with people."

'Christmas day ratings battle'

The last time a new Wallace & Gromit adventure went out on Christmas Day was in 2008 with A Matter of Loaf and Death. It was day's most-watched show, with more than 16 million viewers tuning in.

It was also the most-watched show of the entire year.

While it's still possible that it could repeat that feat, it's up against some extremely tough competition.

"Bring it on, Gavin & Stacey!" jokes Crossingham, acknowledging the huge popularity of the Essex and Barry-based comedy, whose finale also goes out on Christmas Day.

However while Gavin & Stacey might be reaching its conclusion, this definitely isn't a finale for Wallace & Gromit.

"[It's] certainly not the end," says Nick Park. "I think there's plenty of bounce still in their bungee.

"We'll carry on. There's always ideas worth kicking about."

"Give us a minute though," Interjects Merlin. "They take a while to make!"

Wallace & Gromit: Vengeance Most Fowl is on BBC One at 18.10 on Christmas Day.

Rome to regulate Trevi Fountain queues after restoration

23 December 2024 at 07:56
Getty Images A general view shows the Trevi fountain after renovation works in Rome, on the day of its reopening with crowds of people huddling round the grand re-opening.Getty Images
More than 10,000 people used to visit the baroque landmark in Rome every day

Rome's world-famous Trevi Fountain has re-opened after a three-month restoration.

Built in the 18th Century by Italian architect Nicola Salvi on the façade of the Poli Palace, the historic fountain is one of the city's most visited spots.

Between 10,000 and 12,000 tourists used to visit the Trevi Fountain each day, but a new queuing system has been installed to prevent large crowds massing near the landmark.

Speaking on Sunday Mayor of Rome Roberto Gualtieri said imposing the limit will "allow everyone to better enjoy the fountain, without crowds or confusion".

Gualtieri also said city authorities were considering charging a modest entry price to finance the fountain's upkeep.

Sunday's re-opening took place under light rain in the presence of several hundred tourists, many of whom followed the mayor by throwing a coin into the fountain.

The three-month cleaning project involved removing mould and calcium incrustations.

The fountain and other key city sites have been cleaned ahead of the jubilee of the Roman Catholic Church which begins on Christmas Eve.

Getty Images  People visit the Trevi Fountain in Rome, ItalyGetty Images
A new queueing system will be put in place to avoid large crowds, like this in September 2024

Its poor structural condition was exposed in 2012 when bits of its elaborate cornice began falling off after an especially harsh winter which required a multi-million euro renovation the following year.

Making a wish and tossing a coin into the water is such a tradition that the city authorities used to collect around €10,000 (£8,300; $10,500) a week.

The money was donated to a charity that provides meals for the poor.

The Trevi fountain

Getty Images An old photo of the Trevi Fountain in RomeGetty Images
  • Commissioned by Pope Clement XII in 1730
  • It is the end point of one of the aqueducts that supplied ancient Rome with water
  • The Acqua Vergine runs for a total of 20km (12 miles) before flowing into the fountain
  • Tourists can drink from a special tap tucked away at one side
  • According to legend, the water source was discovered in 19 BC by thirsty Roman soldiers directed to the site by a young virgin - which is why it is called Virgin Waters
  • The tradition of throwing coins into the fountain was made famous by Frank Sinatra's Three Coins in the Fountain in the 1954 romantic comedy of the same name

Heroism attributed to murder suspect Mangione alarming, says homeland security secretary

23 December 2024 at 02:54
Watch: Homeland Security Secretary says CEO murder rhetoric 'extraordinarily alarming'

The rhetoric on social media following the murder of healthcare CEO Brian Thompson in New York earlier this month has been "extraordinarily alarming", US Homeland Security Secretary Alejandro Mayorkas says.

"It speaks of what is really bubbling here in this country, and unfortunately we see that manifested in violence, the domestic violent extremism that exists," he told CBS's Face the Nation on Sunday.

Some on social media have celebrated Luigi Mangione, the man accused of shooting dead Mr Thompson, and shared anger at America's private health insurers.

Mayorkas said he was "alarmed by the heroism that is being attributed to an alleged murderer of a father of two children on the streets in New York".

Mr Thompson, the 50-year-old CEO of the largest US health insurer UnitedHealthcare, was gunned down outside a Manhattan hotel early on 4 December triggering a massive manhunt for the killer.

Mr Mangione, 26, was arrested days later in Pennsylvania and flown to New York where he is facing both federal and state charges, including first-degree murder in furtherance of terrorism.

Investigators accuse him of carrying out a targeted killing, pointing to evidence that suggests a long-held animosity towards the US healthcare industry. On social media, support for Mr Mangione has often been accompanied by grievances and complaints with the health insurance sector.

"We have been concerned about the rhetoric on social media for some time," Mayorkas said on Sunday. "We've seen narratives of hate. We've seen narratives of anti-government sentiment. We've seen personal grievances in the language of violence."

Mayorkas, whose homeland security department is in part responsible for protecting Americans from domestic terrorism, said his department sees a "wide range of narratives" that "drive some individuals to violence."

"It's something that we're very concerned about," he said. "That is a heightened threat environment."

But the 65-year-old, whose time at the helm of the department will end next month, stressed that Mr Thompson's killing was "the actions of an individual [and] not reflective of the American public".

Watch: Mangione's extradition to New York explained in 73 seconds

Mr Mangione will remain behind bars in New York as his lawyers said last week that they would not present an application for bail. He is in federal custody at the Metropolitan Detention Center Brooklyn, the same facility where Sean 'Diddy' Combs is being held.

He will likely be assigned a roommate and have daily visits from medical and psychological services, law enforcement sources told the BBC's US partner CBS.

While New York does not have the death penalty, he faces four federal charges, including murder and stalking, which could make him eligible for the punishment. He also faces multiple state charges.

He is expected to be arraigned on those state charges in New York on Monday. Mr Mangione faces 11 counts, including murder in the first degree and murder as a crime of terrorism.

Belfast City Airport shut after emergency during landing

23 December 2024 at 07:28
BBC A long-range shot at night-time shows an airplane on a runway surrounded by blue lights of various emergency service vehiclesBBC
Emergency services attend the Aer Lingus plane, which appears to have suffered a nose wheel collapse during landing

Belfast City Airport's runway will be closed for the rest of Sunday after an Aer Lingus plane suffered an emergency incident while landing during strong winds.

The plane had flown from Edinburgh to Belfast at about 16:00 GMT with four crew members but no passengers on board.

Pictures appear to show the aircraft with a collapsed nose wheel sitting on the runway.

It is understood no-one was seriously hurt.

It was a "positioning flight" operated by Emerald Airlines on behalf of Aer Lingus.

Emerald Airlines said it "experienced a hard landing upon arriving into Belfast City Airport due to adverse weather conditions".

Two flights - from London City and Leeds Bradford - due to land at the airport have since arrived at Belfast International Airport after being diverted.

Trump threatens to try and regain control of Panama Canal

23 December 2024 at 04:54
Getty Images Donald trump in front of a podium with the Turning Point USA logo on itGetty Images
Trump made his remarks in front of thousands at Turning Point's annual conference, one of the country's largest gatherings of conservative activists

President-elect Donald Trump has demanded Panama reduce fees on the Panama Canal or return it to US control, accusing the central American country of charging "exorbitant prices" to American shipping and naval vessels.

"The fees being charged by Panama are ridiculous, highly unfair," he told a crowd of supporters in Arizona on Sunday.

"This complete rip-off of our country will immediately stop," he said, referring to when he takes office next month.

His remarks prompted a quick rebuke from Panama's president, who said "every square metre" of the canal and surrounding area belong to his country.

President José Raúl Mulino added that Panama's sovereignty and independence were non-negotiable.

Trump made the comments to supporters of Turning Point USA, a conservative activist group that provided significant support to his 2024 election campaign.

It was a rare example of a US leader saying he could push a country to hand over territory - although he did not explain how he would do so - and a sign of how American foreign policy and diplomacy may shift once he enters the White House following his inauguration on 20 January.

Trump's comments followed a similar post a day earlier in which he said the Panama Canal was a "vital national asset" for the US.

If shipping rates are not lowered, Trump said on Sunday, "we will demand that the Panama Canal be returned to us, in full, quickly and without question".

The 51-mile (82km) Panama Canal cuts across the central American nation and is the main link between the Atlantic and Pacific oceans.

It was built in the early 1900s and the US maintained control over the canal zone until 1977, when treaties gradually ceded the land back to Panama. After a period of joint control, Panama took sole control in 1999.

Up to 14,000 ships cross the canal per year, including container ships carrying cars, natural gas and other goods, and military vessels.

As well as Panama, the president-elect also took aim at Canada and Mexico over what he called unfair trade practices. He accused them of allowing drugs and immigrants into the US, although he called Mexican President Claudia Sheinbaum a "wonderful woman".

Trump hits the usual themes

Trump made his remarks in front of thousands at Turning Point's annual conference, one of the country's largest gatherings of conservative activists.

Turning Point poured huge resources into get-out-the-vote efforts in swing states designed to bolster Trump and other Republicans during the election campaign.

It was his first speech since a deal passed Congress this week to keep the US government open, after several provisions were removed including one that would have increased the country's debt ceiling.

Trump had supported raising the debt ceiling, which restricts the amount of money the US government can borrow.

But his speech on Sunday avoided that issue entirely, instead recapping his election victory and hitting on themes – including immigration, crime and foreign trade – that were mainstays of his campaign.

He did, however, mention Elon Musk.

"You know, they're on a new kick," he said. "All the different hoaxes. The new one is that President Trump has ceded the presidency to Elon Musk."

"No, no, that's not happening," he said. "He's not gonna be president."

Several speakers here at the conference were critical of government spending and of politicians in both parties – however the divisions inside the Republican Party which have played out in Congress in recent days were mostly muted.

Tiger Woods' son Charlie, 15, hits first hole-in-one as pair team up at US tournament

23 December 2024 at 06:55

Tiger Woods' son Charlie, 15, hits first hole-in-one

Tiger Woods of the United States reacts with his son Charlie Woods after holing out on the fourth hole during the second round of the PNC Championship at Ritz-Carlton Golf Club in Orlando, FloridaImage source, Getty Images
Image caption,

Tiger Woods and his son Charlie first played at the PNC Championship in 2020

  • Published

Tiger Woods' teenage son Charlie hit his first hole-in-one during the final round of the PNC Championship - but they were beaten to the title in a play-off by Bernhard and Jason Langer.

Charlie Woods, 15, holed out at the par-three fourth to send the father-son team into the lead at the tournament, which features 20 major champions playing with a member of their family.

But it was Team Langer who celebrated a second consecutive trophy - and fourth overall - in Orlando, Florida when German Bernhard made eagle on the first play-off hole to seal the win.

"It was awesome," Charlie said. "No one made a mistake today, so that was some of the most fun I've ever had."

He added: "On top of that, I made an ace. I don't think I can top that."

Tiger Woods was playing in his first competitive event since the Open in July.

The 15-time major winner had back surgery for the second time in 18 months in September and conceded he was "nowhere near competitive shape" at the PGA-backed exhibition tournament.

However, he did think he and son Charlie "made a great team this week".

"And that's the whole joy of it, is to be out here with family and bonding and just the enjoyment of each other's company," the 48-year-old added.

The younger Woods was not the only player to make a first career hole-in-one on Sunday.

Some 30 minutes after Charlie holed out, Paddy Harrington - the 21-year-old whose father Padraig is a three-time major winner - aced the eighth hole.

"I've never hit a shot and been that excited before," Padraig Harrington said.

Related topics

Women's groups praise 'brave' Southport instructor

23 December 2024 at 08:41
Leanne Lucas Leanne Lucas, who has long, dark brown hair, smiles while holding a therapy dog in a yoga studio.Leanne Lucas
Leanne Lucas was severely injured during the Southport attacks

Women's charities have praised the yoga instructor who was seriously injured during this summer's Southport stabbings for being "so courageous" while recently speaking in public for the first time about her experiences.

Leanne Lucas was overseeing a Taylor Swift-themed dance and yoga class in the Merseyside town on 29 July when a knifeman entered and killed three girls. He stabbed eight other girls and a local man who had rushed to protect them.

Ms Lucas, who was also trying to shield two girls from the knifeman, suffered serious stab wounds.

At a vigil in Liverpool last month to remember women and girls who had lost their lives to male violence, she said: "The guilt, shame and fear we can feel as women will be outshone by courage, fierceness and our ability to connect."

Addressing the crowd, she added: "Raise your voice and share your stories. Often we don't realise how powerful we are."

Sandy Withe, who is involved with the Birkenhead-based Tomorrow's Women charity, described Ms Lucas's actions as "so brave and courageous".

She added: "I admire people like that – for it to be recent to happen to her and then to stand up in front of those people and to let people know that there is help out there as well."

Composite of Elsie Dot Stancombe in a school portrait, Alice da Silva Aguiar at her Holy Communion ceremony and Bebe King at home posing for pictures
Leanne Lucas said Southport had become more "connected" after the attacks, in which Elsie Dot Stancombe, Alice da Silva Aguiar and Bebe King were killed

Since 2009, 74 women and girls have been killed in Merseyside, which has seen some of the highest rates of violence by men against women and girls in England.

High-profile cases include the stabbing of Ava White, who was just 12 when she was attacked by a boy at a Christmas lights switch-on event in 2021.

Other victims include nine-year-old Olivia Pratt-Korbel, 28-year-old Ashley Dale, and 26-year-old Elle Edwards, who was shot on Christmas Eve 2022.

Sandy Withe, wearing a santa hat, laughs as she unwraps a gift while surrounded by other women at a table duing a Christmas party.
Sandy Withe (centre), from the Tomorrow's Women charity, described Ms Lucas as "so brave and courageous"

The Rape and Sexual Abuse Support Merseyside (RASA) charity, which was involved in November's vigil in Liverpool, believes it is vital to keep the issue of violence against women and girls in the public eye.

Operations manager Lorraine Wood said: "The names are read of all the women that have lost their lives and each year the number [is] growing.

"It's really important that we do come together regularly to remember those women - those women should never be forgotten."

Violence against women and girls has been described as a national emergency by Home Secretary Yvette Cooper.

In January, for the first time, Liverpool will join other cities taking part in the UK Women's March.

Among other things, it will highlight and condemn the rise in violence against women and girls.

Merseyside Police said tackling it was a priority for the force, and that officers were putting women's voices at the heart of their work.

Listen to the best of BBC Radio Merseyside on Sounds and follow BBC Merseyside on Facebook, X, and Instagram. You can also send story ideas to northwest.newsonline@bbc.co.uk

The Papers: Mandelson seeks Farage 'help' with Trump and 'not over' for Fury

23 December 2024 at 07:34
BBC Daily Telegraph front pageBBC
A variety of stories feature on Monday's front pages. The Daily Telegraph reports that Lord Mandelson is set to call on Nigel Farage to "help him win over" Donald Trump's administration when he becomes UK ambassador to the US. It says the contact with the Reform UK leader, who has been close to Trump since 2016, is likely to lead to a backlash from figures within Labour. It also has a story on how social media giants are to start using facial checks to stop underage users accessing platforms.
FT front page
The Financial Times leads with a story about the Reform UK treasurer Nick Candy saying that Nigel Farage's party is going to disrupt UK politics "like we have never seen before" as he claims billionaires, aside from Elon Musk, want to back the party.
Times front page
The Times leads with Labour cabinet minister Lucy Powell calling the country's economic outlook "disappointing" while a leading business group said the UK economy was "headed for the worst of all worlds" next year. The paper also features a photo of André Gleissner, the nine-year-old boy killed in an attack on a German Christmas market over the weekend.
Daily Express
The Daily Express carries the headline "Labour set to drive UK headlong into recession". It quotes from a survey of company figures carried out by the Confederation of British Industry (CBI) which suggests the government is creating a "hostile environment for aspiration, investment and growth".
Daily Mail front page
The Daily Mail also reports the CBI survey, saying businesses have sounded a "recession warning". It also has a photo of actor Blake Lively and her husband, Ryan Reynolds. Lively has filed a legal complaint against It Ends With Us co-star Justin Baldoni, alleging sexual harassment and a campaign to "destroy" her reputation.
The Guardian front page
The Guardian reports that more than £100m was spent last year by local authorities and the government on failed efforts to block support for children and young people with special educational needs in England.
The i front page
The i reports that Sir Keir Starmer faces his biggest rebellion yet as "Labour rebels believe dozens of MPs" will revolt against the government's refusal to compensate women who were born in the 1950s and say they were not properly informed of the rise in the state pension age to bring them into line with men.
The Sun front page
The Sun has a story on boxer Tyson Fury reportedly telling friends "it's not over" for him despite a second world heavyweight defeat to Oleksandr Usyk.
The Mirror front page
The Daily Mirror has a story about a three-year-old boy called Zachary who needs a double organ transplant to save his life, describing it as a "heartbreaking Christmas wish"
Daily Star front page
And the Daily Star has the headline "jingle smells", quoting a poll that claims millions of Britons will not wash or change their underwear between Christmas and New Year.
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In Arizona speech, Trump jokes Musk is ‘not going to be president’

23 December 2024 at 09:14

President-elect Donald Trump is setting the record straight: He’s calling the shots, not Elon Musk.

"No, he's not going to be president, that I can tell you," Trump said with a laugh at Turning Point USA’s AmericaFest in Phoenix on Sunday, his first major speech following the November election. "And I'm safe. You know why? He can’t be. He wasn't born in this country."

The president-elect made the tongue-in-cheek comment while praising South African-born Musk as a “great guy.” Musk, along with tech entrepreneur Vivek Ramaswamy, is set to lead the Department of Government Efficiency, an agency with the goal of shrinking the size of government and cutting spending.

Trump’s comments came as Democrats have sought to use Musk, the world’s richest person, as a foil, accusing him of undermining the incoming president.

Just days before, Trump — along with Musk — intervened in House Republicans’ initial government spending package, leading to chaos as Congress raced against the clock to avoid a government shutdown.

Some congressional Democrats raised concerns about Musk’s influence over congressional Republicans, and have taunted Trump by alleging that Musk is the one in charge. The Lincoln Project, an anti-Trump group, put out a video calling Trump “vice president” to “President Musk.”

Republicans have sought to downplay any rift between the two, with Trump’s team dismissing those claims as “ridiculous.” Amid the spending bill debacle last week, Karoline Leavitt, Trump’s incoming White House press secretary, said, “President Trump is the leader of the Republican Party. Full stop.”

“All the different hoaxes, and the new one is, ‘President Trump has ceded the presidency to Elon Musk,’” Trump said to the crowd on Sunday. “No, no. That’s not happening.”

Musk has been flexing his political muscles in recent months, including pouring more than $260 million into the 2024 election in support of Republicans. Last week, he said that he’s planning to fund moderate primary challengers to incumbent Democrats. Some Republicans have floated him as the next pick for speaker of the House in recent days, as Speaker Mike Johnson’s future appears shaky.

The Musk comments came toward the end of Trump’s hour-plus-long victory lap of a speech, where he touted winning the popular vote, praised his “all-star” Cabinet picks and outlined goals for his upcoming term.

Trump’s speech was similar to those he delivered on the campaign trail over the 2024 cycle. He made bold claims about lowering taxes, taking back the Panama Canal and vowed not to rename military bases, a nod to his plans to end “woke” ideology in the military.

© Rick Scuteri/AP

The Political World Just Lost its Last Bipartisan Meeting Place

22 December 2024 at 20:00

At a moment when members of the opposite party rarely appear together on television, most political interviews are fleeting and the election may have doomed the last digital town square, David Axelrod’s podcast was an oasis.

Now, after a remarkable 605 shows over more than nine years, Axelrod is concluding his program by interviewing his fellow Chicagoan, Rahm Emanuel.

I’m sad to see “The Axe Files” go, in part because it’s more essential now than ever.

Yes, it was respectful and it generated more light than heat. There were no food fights. But I come to praise Axe, not bury him in a shroud of bygone-day nostalgia for civil discourse.

What made the program so compelling — and unique in this period — was that he had candid, deeply personal and extended interviews with the leading figures in both parties. Where else can that combination be found today?
political interviews are fleeting
I should disclose here that Axelrod also had on a range of figures from the media, along with other walks of life, and I sat for a session in 2016. That’s the right word because the show was always equal parts therapy session and journalistic inquiry.

Axelrod doesn’t have psychiatric training — that I know of — but he was once a superb political reporter for the Chicago Tribune. He’s got ink in his DNA and that came through in every program, when he’d try to make news or at least prompt reflection. I could always tell he hated the shows where his guests showed up with talking points. (Been there!)

These were no interrogations, though. Axelrod usually began the interviews by asking people about their backgrounds — “tell me about your folks” — and where they grew up. The son of an immigrant, Axelrod would invariably find common ground with those only a generation or two removed from freedom’s flame, no matter their politics.

Which gets to why the show was so vital. He revealed people as fully-formed, complex and, yes, contradictory humans. If you were looking for a cartoon caricature of the red or blue tribe to confirm your preferences, well, you had plenty of other options.

Axelrod is a partisan and is deeply alarmed with President-elect Donald Trump’s restoration. But I know he was proud of how many Republicans said yes, in some cases reluctantly, and sat down for a probing interview with a former Democratic strategist and the architect of Barack Obama’s political rise.

If we’re being honest, these Republicans agreed in part because Axelrod is an elite figure on the American political scene and the invitation conferred a level of status on the invitee. He has been in the proverbial smoke-filled room — plus even some in Illinois that weren’t proverbial — and political practitioners of all stripes respected that background.

Yet Republicans also said yes because Axelrod is, to borrow a word from his faith tradition, a mensch.

He’d challenge his guests but never sandbag them. The point was for people to tell their stories, reveal something of themselves and get on to the difficult business of discussing what politics is today. It was fitting that two of Axelrod’s final interviews were with two of the most prominent GOP figures from this year’s campaign: Trump co-campaign manager Chris LaCivita and CNN commentator Scott Jennings, who has become something of an Axelrod protégé (in the personal, not political, sense, if you’re listening Kentucky Republican primary voters).

Who were these two figures so many people read about or heard about this year? Well, if you listen to their “Axe Files” appearances you’ll know a great deal about what shaped them.

There was something else that made the show, like all the best podcasts, so captivating: Axelrod respected his audience’s intelligence. This was not 101-level stuff. If you can’t understand why his having 90-year-old Abner Mikva, the legendary Chicago lawmaker and jurist, on the podcast just months before Mikva’s passing was so poignant, perhaps the show wasn’t for you.

To be unsubtle about it: The jump from so much of the TV news blather that passes as political insight to podcasts like the Axe Files was akin to the aughts and teens transition from laugh-track broadcast TV sitcoms to premium shows like The Sopranos and Breaking Bad. Who could go back? Who would want to?

Take Sen. Bernie Sanders, the Vermont independent who’s a fixture of TV news. Well, you know what Sanders isn’t discussing in a seven-minute interview? How there were three names not discussed in his Brooklyn boyhood home: Hitler, Stalin and Walter O’Malley, who moved the Dodgers to Los Angeles.

Oh, and that he also wouldn’t have had the same voting record on guns had he represented his boyhood home rather than rural Vermont.

Sanders revealed as much in 2015 when he was Axelrod’s first guest. He also discussed his student civil rights activism at the University of Chicago, Axelrod’s alma mater and home to the Institute of Politics he founded.

Axelrod read deeply about his guests and often surprised them with how much he knew about their backgrounds.

“That pod set the tone,” Axelrod told me this week.

He also got the late Sen. John McCain to talk revealingly about all the time McCain spent visiting, chatting and reading Arizona news clips with an ailing Mo Udall, the former Arizona lawmaker who spent his final days confined in a nursing home. Unstated, because it doesn’t have to be, can you imagine a prominent Republican showing up every week to comfort a prominent Democrat gripped by disease?

Axelrod knows politics ain’t beanbag, and even though he’s out of the campaign business he’s close enough to it that he still pays a price for some grudges. Which is why you won’t find the current president in the Axe File archives: President Joe Biden was the only major Democratic contender in 2020 to skip the show, a snub rooted in the (now-revived!) hostilities between Bidenworld and Obama’s orbit.

But if Axelrod’s proximity to the top echelons of politics had some side effects on his bookings, his prominence also ensured some of his best gets.

My favorite, by far, was the remarkable 2016 conversation he had with a basketball legend, the gone-too-soon Bill Walton. I found Walton to be a great American character — his devotion to the Grateful Dead, the West and John Wooden needs no elaboration — and Axelrod met his match that day. Do yourself a favor and take in their chat. You’ll get through it and feel exhausted and satisfied — like you just played in a game of three-on-three against Big Red.

I listened to it, like I did many of Axelrod’s pods, on a long drive. The good ones passed the time. The great ones left me feeling like I had pulled up a chair at his table at Manny’s Deli and was eavesdropping over two people shooting the shit over half a Reuben and bowl of matzo ball soup.

Which is not to say Axelrod showed up like Larry King talking to Kato Kaelin, unprepared and just asking whatever came to mind while taking a few calls from Walla Walla and beyond to fill the hour.

Axelrod read deeply about his guests and often surprised them with how much he knew about their backgrounds. It took hours of work, so I get why he wants to wrap it up with over 600 under his belt. Especially when he has a separate podcast — speaking of kibitzing — with Mike Murphy and John Heilemann, Hacks on Tap.

But I’ll miss the “Axe Files” and I know others will, too.

As he introduced Emanuel on his final show, Axelrod said his goal had been to offer “one small antidote to the coarse nature of today’s politics and social media culture that so often reduces people to negative caricatures and robs us of our common humanity.”

Mission accomplished, brother.

© Josh Reynolds/AP

中国公民因干预加州市议员选举被捕

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中国公民因干预加州市议员选举被捕

傅才德, JAY ROOT, BIANCA PALLARO
检察官称,中国政府试图在美国的城市和州获得影响力,希望以此获得对北京来说重要的事业的支持。
检察官称,中国政府试图在美国的城市和州获得影响力,希望以此获得对北京来说重要的事业的支持。 Mark R Cristino/EPA, via Shutterstock
美国周四逮捕了一名中国男子,检察官称此人是一宗试图影响加州地方政治事件的核心人物,指控他充当非法外国代理人,帮助一名政治人物当选洛杉矶地区一座城市的市议员。
检察官称,64岁的迈克·孙(Mike Sun,又名孙耀宁)与另一名男子约翰·陈(John Chen)密切合作。后者于去年11月因担任中国代理人和行贿被判处20个月监禁。两人讨论了孙耀宁为帮助那位政客在2022年当选所做的努力。根据周四公布的刑事起诉书(法庭文件中使用了约翰·陈的中文名陈军),他要求孙耀宁准备一份关于这位候选人的报告,以便发给中国官员。该报告的最新版本中包括要求中国提供8万美元资金,以支持在美国展开亲北京活动。
孙耀宁定于周五下午出庭。目前尚不清楚他是否有律师。孙耀宁名下登记的电话号码已停机。
孙耀宁的被捕以及陈军在纽约的宣判是联邦检察官为遏制中国试图影响美国地方政客而采取的行动的一部分。检察官称,在扩大对华盛顿的影响力遭遇挫折后,中国政府已转向美国的城市和州,希望获得对北京来说重要的事业的支持,例如遏制对台湾自治的呼吁、反对香港的任何民主运动,以及打击强烈反共的灵修运动法轮功
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官员们表示,中国政府将参与小规模地方选举作为一项长期投资:成功的地方官员往往会寻求更高的职位,并能将自己引荐给更高位的政治人物。
孙耀宁在南加州被捕表明中国政府影响美国选举的行动范围正在扩大。此前,《纽约时报》对一名有犯罪背景的纽约男子陈善庄进行了调查。陈善庄与纽约当地中国领事馆关系密切,并曾试图影响市、州和国会层面的选举结果。为了建立这些关系,中国政府可以使用金钱、对其国内庞大市场的准入、甚至熊猫来展开诱惑。
“我们看到一种趋势,中华人民共和国的官员试图影响我们国家的政治体系,他们通过采取更广泛的方式来这样做,包括可能是地方层面的政府官员,他们可能尚未登上国家舞台,”洛杉矶联邦检察官马丁·埃斯特拉达在电话中对记者说。
埃斯特拉达指出,孙耀宁和陈军将加州一位“冉冉升起的新星”的当选归功于他们,他们希望这位“新星”能够“在政治体制内步步高升”。
“因此,我们看到中华人民共和国采取的绝对是一种长期博弈策略,”埃斯特拉达说。
埃斯特拉达表示,由孙耀宁担任竞选经理的那位政治人物在刑事起诉书中被称为“个人1”,因为他尚未受到指控。竞选资金和其他记录显示,一名叫孙耀宁的男子与洛杉矶地区亚凯迪亚市的议员王爱琳密切合作,她的履历细节与起诉书中的描述相符。
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孙耀宁一度出现在王爱琳2022年的竞选文件中,担任她的财务主管,并由她的竞选团队报销会议、一场筹款会以及差旅的费用。王爱琳当年以超过60%的得票率赢得了她的席位。孙耀宁和王爱琳还是美国西南商会的官员,该商会是一家成立于2018年的非营利组织,旨在“促进华裔社区小企业的发展”。一个以孙耀宁为名的Instagram账号上发布了近175个视频和照片,呼吁选民支持王爱琳。
检察官还表示,孙耀宁在机动车管理局登记的最新地址是王爱琳名下的一处住宅。王爱琳没有被指控有任何不当行为。从起诉书中无法确定王爱琳是否知道孙耀宁和陈军之间,以及与中国政府官员之间就她参选一事进行的对话。从王爱琳的社交媒体帖文或对孙耀宁的刑事起诉书中也无法明显看出她是亲北京的。例如,在一个有她的名字和照片的Facebook账户上,最近的一篇贴文讨论了她于7月底与一位来访的台湾官员的会面。中国声称民主的台湾是其领土。当美国议员与台湾官员会面时,北京会勃然大怒。
王爱琳没有立即回复寻求置评的电话、短信和电子邮件。
上个月,陈军——孙耀宁的涉嫌同谋——在认罪后被判刑,检察官称,他和一名同谋策划压制美国的法轮功成员,并贿赂一名国税局官员以帮助取消该团体的免税资格。
在洛杉矶周四公布的新起诉书中,陈军被描述为孙耀宁和中国政府官员之间的中间人,陈军向中国政府官员吹嘘说,他组建了“一个专门为我们服务的基础团队”,这里指的是孙耀宁和那名洛杉矶县民选官员。
起诉书称,陈军还曾告诉一名狱友,30年前,中国间谍机构给他25万美元,让他来到美国,之后每月又付给他5.2万美元。在与中国政府官员的交谈中,陈军称孙耀宁是“自1997年以来我在华人社区的得力助手”。
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起诉书称,在两人为中共一位未透露姓名的“大佬”准备的一份备忘录中,陈军和孙耀宁要求提供8万美元,用于在美国推动亲中活动;他们还计划索要“100面鼓”和可用于游行的“中国红”制服。
根据起诉书,检察官称,陈军指示孙耀宁揽下选举成功的功劳,孙耀宁写道:“最值得骄傲的是,在2022年美国中期选举期间,我精心策划并组织我的团队为市议员候选人[个人1]赢得了选举。”

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Slovak PM meets Putin in surprise Moscow visit

23 December 2024 at 06:00
EPA Russian President Vladimir Putin (R) shakes hands with Slovak Prime Minister Robert Fico (L) during their meeting at the Kremlin in MoscowEPA
Robert Fico has previously reiterated his opposition to the West's policy of arming Ukraine

Slovakia's Prime Minister Robert Fico has made a surprise visit to Moscow for talks with Vladimir Putin - becoming only the third Western leader to meet the Russian leader since the full-scale invasion of Ukraine three years ago.

Fico - a vocal critic of the European Union's support for Kyiv in the war - said they discussed supplies of Russian gas to Slovakia - which his country relies on.

A deal with Russian gas giant Gazprom to transit energy through Ukraine to Slovakia is due to expire at the end of this year.

"Top EU officials were informed about my journey and its purpose... on Friday," Fico wrote on Facebook.

Fico said the meeting in Moscow was a reaction to Ukrainian President Volodymyr Zelensky telling EU leaders that Ukraine remains opposed to Russian gas being piped through its territory.

The Slovakian PM, who survived being shot earlier this year, also said he had a "long conversation" with Putin and the two "exchanged views on the military situation in Ukraine".

Both discussed "the possibilities of an early, peaceful end of the war" and mutual relations between Russia and Slovakia, Fico wrote on Facebook.

Slovakia and Hungary, which both depend on Russian gas, have raised concerns about the prospect of supplies being interrupted.

In October 2023, when Fico became prime minister again, he ended Slovakia's military aid to Ukraine.

But, he has insisted he wants to be a "good, friendly neighbour" to Ukraine.

Fico's meeting with Putin came as the leaders of Italy, Sweden, Greece and Finland met on Sunday for a security summit.

Speaking afterwards, Finland's Prime Minister Petteri Orpo said Russia was a "permanent and dangerous threat" to the EU.

He also stressed the need for increased defence spending and support for Ukraine.

Private plane crash in Brazil kills pilot and his family

23 December 2024 at 06:30
Reuters Emergency workers attend burned out buildings behind police tape at the scene of the crash.Reuters

Ten members of a family have died after a private plane crashed into the city of Gramado in southern Brazil.

Brazilian businessman Luiz Claudio Galeazzi, who was piloting the plane, was killed in the crash alongside his wife, three daughters and other family members, a statement from his company said.

The small plane reportedly hit the chimney of a building, as well as a house and a shop as it fell.

Local authorities say 17 people on the ground were injured in the accident, including two in a serious condition.

Mr Galeazzi, 61, was taking his family on a trip to Jundiaí, in the São Paulo state, according to reports in Brazilian media.

All 10 victims of the crash were members of Mr Galeazzi's family, Rio Grande do Sul state governor Eduardo Leite told a press conference. He added that the plane had taken off in unfavourable weather conditions.

The plane reportedly flew for 3km (1.8 miles) before falling into the urban area of the city just minutes after take-off on Sunday morning.

"At the time, it was revving up. You could see that it was accelerating a lot," an eyewitness, Nadia Hansen, told Reuters news agency.

"Then there was a bang as it hit the building and then it passed close to my house and then it fell, and I thought it had dropped in front of the house," she said.

Pictures from the scene show emergency workers attending to the smoking wreckage among debris from badly damaged buildings.

Reuters A damaged building and several wrecked tables and chairs.Reuters

Mr Galeazzi was the chief executive of Galeazzi & Associados, a corporate restructuring and crisis management firm based in São Paulo.

The company issued a statement on LinkedIn, paying tribute to the 61-year-old.

"Luiz Galeazzi will be eternally remembered for his dedication to his family and for his remarkable career as the leader of Galeazzi & Associados," the statement said.

"We also sympathize with all those affected by the accident in the region," it said, adding that it would co-operate with investigations into the accident.

The plane crashed near the centre of Gramado, hitting a house, a furniture store and a hotel, according to Brazilian media.

State governor Mr Leite said the cause of the accident was being investigated by the Aeronautical Accident Investigation and Prevention Center (Cenipa).

"The entire state is mobilized here to provide the necessary assistance," he told reporters at the scene.

Gramado is a popular tourist destination, known for hosting events during the festive period.

The region was severely hit in May this year by unprecedented flooding, which claimed dozens of lives and displaced around 150,000 people from their homes.

Trump threatens to try and regain control of Panama Canal

23 December 2024 at 04:54
Getty Images Donald trump in front of a podium with the Turning Point USA logo on itGetty Images
Trump made his remarks in front of thousands at Turning Point's annual conference, one of the country's largest gatherings of conservative activists

President-elect Donald Trump has demanded Panama reduce fees on the Panama Canal or return it to US control, accusing the central American country of charging "exorbitant prices" to American shipping and naval vessels.

"The fees being charged by Panama are ridiculous, highly unfair," he told a crowd of supporters in Arizona on Sunday.

"This complete rip-off of our country will immediately stop," he said, referring to when he takes office next month.

His remarks prompted a quick rebuke from Panama's president, who said "every square metre" of the canal and surrounding area belong to his country.

President José Raúl Mulino added that Panama's sovereignty and independence were non-negotiable.

Trump made the comments to supporters of Turning Point USA, a conservative activist group that provided significant support to his 2024 election campaign.

It was a rare example of a US leader saying he could push a country to hand over territory - although he did not explain how he would do so - and a sign of how American foreign policy and diplomacy may shift once he enters the White House following his inauguration on 20 January.

Trump's comments followed a similar post a day earlier in which he said the Panama Canal was a "vital national asset" for the US.

If shipping rates are not lowered, Trump said on Sunday, "we will demand that the Panama Canal be returned to us, in full, quickly and without question".

The 51-mile (82km) Panama Canal cuts across the central American nation and is the main link between the Atlantic and Pacific oceans.

It was built in the early 1900s and the US maintained control over the canal zone until 1977, when treaties gradually ceded the land back to Panama. After a period of joint control, Panama took sole control in 1999.

Up to 14,000 ships cross the canal per year, including container ships carrying cars, natural gas and other goods, and military vessels.

As well as Panama, the president-elect also took aim at Canada and Mexico over what he called unfair trade practices. He accused them of allowing drugs and immigrants into the US, although he called Mexican President Claudia Sheinbaum a "wonderful woman".

Trump hits the usual themes

Trump made his remarks in front of thousands at Turning Point's annual conference, one of the country's largest gatherings of conservative activists.

Turning Point poured huge resources into get-out-the-vote efforts in swing states designed to bolster Trump and other Republicans during the election campaign.

It was his first speech since a deal passed Congress this week to keep the US government open, after several provisions were removed including one that would have increased the country's debt ceiling.

Trump had supported raising the debt ceiling, which restricts the amount of money the US government can borrow.

But his speech on Sunday avoided that issue entirely, instead recapping his election victory and hitting on themes – including immigration, crime and foreign trade – that were mainstays of his campaign.

He did, however, mention Elon Musk.

"You know, they're on a new kick," he said. "All the different hoaxes. The new one is that President Trump has ceded the presidency to Elon Musk."

"No, no, that's not happening," he said. "He's not gonna be president."

Several speakers here at the conference were critical of government spending and of politicians in both parties – however the divisions inside the Republican Party which have played out in Congress in recent days were mostly muted.

Heroism attributed to suspect Luigi Mangione alarming - Mayorkas

23 December 2024 at 02:54
Watch: Homeland Security Secretary says CEO murder rhetoric 'extraordinarily alarming'

The rhetoric on social media following the murder of healthcare CEO Brian Thompson in New York earlier this month has been "extraordinarily alarming", US Homeland Security Secretary Alejandro Mayorkas says.

"It speaks of what is really bubbling here in this country, and unfortunately we see that manifested in violence, the domestic violent extremism that exists," he told CBS's Face the Nation on Sunday.

Some on social media have celebrated Luigi Mangione, the man accused of shooting dead Mr Thompson, and shared anger at America's private health insurers.

Mayorkas said he was "alarmed by the heroism that is being attributed to an alleged murderer of a father of two children on the streets in New York".

Mr Thompson, the 50-year-old CEO of the largest US health insurer UnitedHealthcare, was gunned down outside a Manhattan hotel early on 4 December triggering a massive manhunt for the killer.

Mr Mangione, 26, was arrested days later in Pennsylvania and flown to New York where he is facing both federal and state charges, including first-degree murder in furtherance of terrorism.

Investigators accuse him of carrying out a targeted killing, pointing to evidence that suggests a long-held animosity towards the US healthcare industry. On social media, support for Mr Mangione has often been accompanied by grievances and complaints with the health insurance sector.

"We have been concerned about the rhetoric on social media for some time," Mayorkas said on Sunday. "We've seen narratives of hate. We've seen narratives of anti-government sentiment. We've seen personal grievances in the language of violence."

Mayorkas, whose homeland security department is in part responsible for protecting Americans from domestic terrorism, said his department sees a "wide range of narratives" that "drive some individuals to violence."

"It's something that we're very concerned about," he said. "That is a heightened threat environment."

But the 65-year-old, whose time at the helm of the department will end next month, stressed that Mr Thompson's killing was "the actions of an individual [and] not reflective of the American public".

Watch: Mangione's extradition to New York explained in 73 seconds

Mr Mangione will remain behind bars in New York as his lawyers said last week that they would not present an application for bail. He is in federal custody at the Metropolitan Detention Center Brooklyn, the same facility where Sean 'Diddy' Combs is being held.

He will likely be assigned a roommate and have daily visits from medical and psychological services, law enforcement sources told the BBC's US partner CBS.

While New York does not have the death penalty, he faces four federal charges, including murder and stalking, which could make him eligible for the punishment. He also faces multiple state charges.

He is expected to be arraigned on those state charges in New York on Monday. Mr Mangione faces 11 counts, including murder in the first degree and murder as a crime of terrorism.

They Made Over $100,000 in Overtime. Now the N.Y.P.D. Is Cracking Down.

Commissioner Jessica Tisch has reassigned at least 29 officers. Some worked under Jeffrey Maddrey, a high-ranking official who was accused of demanding sex from a subordinate in exchange for overtime.

© Victor J. Blue for The New York Times

Jessica Tisch, center, commissioner of the New York Police Department, transferred at least 29 officers into new roles. Some had made worked under Jeffrey Maddrey, right, who recently resigned.

Slovak PM meets Putin in surprise Moscow visit

23 December 2024 at 06:00
EPA Russian President Vladimir Putin (R) shakes hands with Slovak Prime Minister Robert Fico (L) during their meeting at the Kremlin in MoscowEPA
Robert Fico has previously reiterated his opposition to the West's policy of arming Ukraine

Slovakia's Prime Minister Robert Fico has made a surprise visit to Moscow for talks with Vladimir Putin - becoming only the third Western leader to meet the Russian leader since the full-scale invasion of Ukraine three years ago.

Fico - a vocal critic of the European Union's support for Kyiv in the war - said they discussed supplies of Russian gas to Slovakia - which his country relies on.

A deal with Russian gas giant Gazprom to transit energy through Ukraine to Slovakia is due to expire at the end of this year.

"Top EU officials were informed about my journey and its purpose... on Friday," Fico wrote on Facebook.

Fico said the meeting in Moscow was a reaction to Ukrainian President Volodymyr Zelensky telling EU leaders that Ukraine remains opposed to Russian gas being piped through its territory.

The Slovakian PM, who survived being shot earlier this year, also said he had a "long conversation" with Putin and the two "exchanged views on the military situation in Ukraine".

Both discussed "the possibilities of an early, peaceful end of the war" and mutual relations between Russia and Slovakia, Fico wrote on Facebook.

Slovakia and Hungary, which both depend on Russian gas, have raised concerns about the prospect of supplies being interrupted.

In October 2023, when Fico became prime minister again, he ended Slovakia's military aid to Ukraine.

But, he has insisted he wants to be a "good, friendly neighbour" to Ukraine.

Fico's meeting with Putin came as the leaders of Italy, Sweden, Greece and Finland met on Sunday for a security summit.

Speaking afterwards, Finland's Prime Minister Petteri Orpo said Russia was a "permanent and dangerous threat" to the EU.

He also stressed the need for increased defence spending and support for Ukraine.

法度Law|“李宜雪”被诊断为精神疾病,社区将其送诊,律师:不符合规定

23 December 2024 at 05:58
CDT 档案卡
标题:“李宜雪”被诊断为精神疾病,社区将其送诊,律师:不符合规定
作者:郑鱼
发表日期:2024.12.22
来源:微信公众号“法度Law”
主题归类:被精神病
CDS收藏:公民馆
版权说明:该作品版权归原作者所有。中国数字时代仅对原作进行存档,以对抗中国的网络审查。详细版权说明

12月22日,南昌市公安局西湖分局等两部门发布通报,说明网传“李宜雪”失联相关情况。

通报称,12月21日,北京安定医院作出鉴定意见:被鉴定人李宜雪诊断为强迫性障碍、人格障碍,实施违法行为时辨认、控制能力完整,评定为完全责任能力。

鉴于李宜雪当前病情状况,12月22日街道社区依法依规将其送诊。

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通报称,2024年3月11日,湖南网民罗某某向南昌市西湖区筷子巷派出所报警,称2023年11月以来,李宜雪在网络直播时多次侮辱、诽谤其本人和家人。

2024年4月1日,经筷子巷派出所调解,李宜雪向罗某某道歉并作出书面保证。事后,罗某某再次向公安机关报警,称李宜雪仍在网络上对其进行侮辱。筷子巷派出所遂多次传唤李宜雪,李宜雪均拒绝接受传唤。

11月8日,筷子巷派出所办案民警依法开具传唤证,前往李宜雪住处将其传唤至派出所进行询问,李宜雪意识到自己的行为违法,并主动写出申请,要求聘请北京权威机构对自己的精神状况和行为能力进行司法鉴定。

11月20日,筷子巷派出所依法向首都医科大学附属北京安定医院提请委托。11月26日,北京安定医院受理委托,医院专家于12月13日上午来到南昌,筷子巷派出所联系李宜雪,其称不在家,后电话关机。

当日22时40分,李宜雪主动联系社区民警称在家,民警立即到其家中,告知专家已到,请其到派出所进行鉴定,李宜雪表示不愿去派出所,要求在本人家中鉴定。经告知其父亲李某,筷子巷派出所5名民警(其中女民警1名)、1名社区干部(女)陪同北京安定医院3名专家(其中女性专家2名),于当日23时45分至次日0时55分,在李宜雪家中对其进行鉴定,依法依规全过程录音录像。

12月14日1时26分至2时26分,北京安定医院专家在筷子巷派出所就李宜雪的精神状况对其父亲李某进行了谈话问询。12月14日,李宜雪在抖音平台发布两条视频(一条说筷子巷派出所所长带10余人直闯其家,破坏门口摄像头,另一条是向网友求救,说救救我,他们太可怕了,十几个男的对付我),后未再更新动态,引发大量网民关注。

2024年12月17日,南昌市西湖区融媒体中心通报称,近日,该中心接到网友反映,西湖区南浦街道居民李宜雪“与外界失去联系”。经向南浦街道核实,街道也接到网友类似问询。出于对李宜雪的关心,街道和社区工作人员自12月14日起每日上门了解情况,李宜雪一直在家中,其父亲和工作人员也与她通了电话,不存在网友反映的问题。

12月21日,北京安定医院作出鉴定意见:被鉴定人李宜雪诊断为强迫性障碍、人格障碍,实施违法行为时辨认、控制能力完整,评定为完全责任能力。

强迫性障碍俗称强迫症,一种常见的精神疾病,主要表现为反复出现的强迫观念、强迫冲动或强迫行为;人格障碍是一种心理难题,位于人的个性核心,并影响其行为模式和对他人的待人方式。患者的行为方式通常与正常人有显著偏离,并深陷在病态行为中。一些常见的症状包括对人际关系的执着占有和担忧、可疑或偏执、过度的情绪波动、反社会行为、冲动性和对注意力的过度追求等。

通报称,鉴于李宜雪当前病情状况,12月22日街道社区依法依规将其送诊。

另据报道,2022年4月22日,李宜雪被南昌市公安局西湖分局丁公路派出所以肇事肇祸为由,强制送入江西省精神病院。出院后,李宜雪以医疗损害责任纠纷为由起诉江西省精神病医院,并开始在网上曝光自己遭“丁公路派出所辅警猥亵”一事,引发全网关注。

据此案件,街道社区是否有权将李宜雪送诊?

北京市京哲律师事务所党支部副书记龚华律师向法度Law表示,根据《精神卫生法》规定,强制送精神病院应满足以下条件:

  1. 精神障碍:患者必须被诊断为患有精神障碍。

  2. 暴力或自伤行为:患者必须存在可能伤害自身或他人的行为,或者有伤害自身的危险。

  3. 监护人同意:如果患者的监护人不同意送患者住院治疗,就不能强行进行住院治疗。

另外,如果患者或其监护人对需要住院治疗的诊断结论有异议,可以要求再次诊断和鉴定。如果再次诊断或鉴定表明患者确实需要住院治疗,且存在上述危害行为或危险,医疗机构才可以实施住院治疗。

法律规定旨在平衡保障公众安全和保护个人权利之间的关系,确保只有在患者处于危险或可能危害他人安全时,才采取强制性的医疗措施。我认为,街道社区送李宜雪到精神病院强制治疗,涉嫌违法,应及时予以纠正。

北青网法治研究院研究员、北京市瀛和律师事务所胡青春律师向法度Law表示,根据我国有关法律规定,将精神病患者强制送医治疗主要有两种情形:一种情形是刑事司法程序中的强制医疗,其法律依据是《刑法》《刑事诉讼法》,此种情况主要针对涉嫌犯罪的嫌疑人或被告人,因其实施暴力行为,危害公共安全或者严重危害他人人身安全,经鉴定为依法不负刑事责任的精神病人,不对其强制医疗可能继续实施危害社会的行为,公检法等司法机关依照法定程序,可以对涉案精神病人实施强制医疗程序。

另一种情形是非刑事司法程序中的送医治疗,根据《中华人民共和国精神卫生法》第三十条规定,精神障碍的住院治疗实行自愿原则。诊断结论、病情评估表明,就诊者为严重精神障碍患者并有下列情形之一的,应当对其实施住院治疗:(一)已经发生伤害自身的行为,或者有伤害自身的危险的;(二)已经发生危害他人安全的行为,或者有危害他人安全的危险的。第三十一条则规定,精神障碍患者有本法第三十条第二款第一项情形的,经其监护人同意,医疗机构应当对患者实施住院治疗;监护人不同意的,医疗机构不得对患者实施住院治疗。

那么,居委会在何种条件下才能实施强制送医呢?

根据《精神卫生法》第三十六条,只有精神障碍患者已经发生危害他人安全的行为或者有危害他人安全的危险的,在其监护人不履行送医治疗义务时,患者所在单位、村委会、居委会才有权介入,将患者送医,为其办理住院治疗手续,目前,综合各种报道和信息来看,李宜雪并不符合强制送医进行治疗的条件。

Surfers Return for Rare Big Wave Contest in Hawaii

23 December 2024 at 06:03
The Eddie Aikau Big Wave Invitational is held only when conditions are just right. The 45 invited surfers had less than 48 hours to arrive on the North Shore of Oahu, Hawaii, on Sunday.

© Erik Kabik/Associated Press

Luke Shepardson at the 2023 Eddie Aikau Big Wave Invitational.

Ron Eliran, Israeli ”Ambassador of Song,” Has a Bar Mitzvah at 90

22 December 2024 at 16:00
In 1947, Ron Eliran’s 13th birthday in the British Mandate for Palestine was canceled when authorities called a curfew. Now, 77 years later, he has officially become a man.

© James Estrin/The New York Times

Ron Eliran at his 90th birthday party, which turned out to be a surprise bar mitzvah.
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