Impunity Watch: North America

BRIEF: Supreme Court to Reevaluate Status Detainees and Military Commissions Act

WASHINGTON, United States – Due to the fact that the Supreme Court has yet to definitively determine what the constitutional status of Guantanamo detainees is, the Boumediene case, which the justices will hear next Wednesday, will require them to make a judgment concerning Congress’ Military Commissions Act (MCA). 

The MCA effectively denies habeas corpus rights to individuals suspected of being affiliated with al Qaida.  Therefore, those held in the Guantanamo military prison have been unable to challenge their detainment in US federal courts.

Guantanamo Bay, Cuba, was determined to be within the jurisdiction of the United States in the 2004 Rasul decision.  It remains to be seen whether detainees will then receive the habeas protections ordinarily provided to those imprisoned and charged with crimes within the United States.

For more information, please see:

MSNBC – Justices to Take New Look at Guantanamo Dispute – 29 November 2007

Canada Faces Protests Against Anti-terrorism Legislation and Detention Methods

By:  Lindsey Brady
Impunity Watch Reporter, North America

OTTAWA, Canada - Human Rights Watch (HRW) and Canada's Green Party are calling on Parliament to amend specific provisions of Bill C-3, An Act to Amend the Immigration and Refugee Protection Act.  The central issue these organizations have with the new bill is that the amendments would violate the due process of many, which is insured by the Canadian Charter of Rights and Freedoms and international human rights law .  The program appears to function much like the UK's version of a certificate and special advocate system.  Under this system a special advocate is supposed to be to "protect the interests of a person named in a security certificate" who is detained and possibly removed from Canada. (HRW)  In a letter to Parliament, HRW's Terrorism and Counter-terrorism Program Director, Joanne Manner narrowed the complaints to four areas of violations.  HRW is asking that these four areas be deleted from the bill or that the bill not pass at all.

HRW and the Green Party recognize provisions in the bill will; use secret evidence against those subject to a security certificate that is not available to the person being removed or his legal counsel; lack narrowly drawn disclosure obligations for the Canadian government, rights for special advocates to disclose the confidential evidence they have access to; not expressly prohibit the use of any evidence obtained through torture; will allow for the possibility of indefinite detentions without charges being brought or trial for the person facing removal.  Under Bill C-3, according HRW, the special advocates are cleared to access confidential evidence and can cross-examine witnesses but they are not a party to the proceedings and the relationship between the SA and the suspected person is not a legal relationship.  The SA is not allowed to speak to the suspected person once they view the confidential evidence so many times the charges against the person subjected to possible removal are not disclosed to him.  The United Kingdom used a similar model and many of the SAs resigned because they viewed the system as unfair for many of the reasons the Canadian government system is objected to.  According to HRW, Ian MacDonald QC was quoted as saying "his role was untenable because it was 'to provide a fig leaf of respectability and false legitimacy to indefinite detention without knowledge of the accusations being made and without any kind of criminal charge or trial.'"

These new provisions, also seem to contradict the February 2007, Canadian Special Senate Committee on the Anti-terrorism Act's warning that special advocate systems should allow for the SA to consult with the person subject to removal after reviewing the evidence.  The newly proposed C-3 Bill fails to allow this and so the affected person is not aware of the accusations against them.  Leaders of the Green Party have been outspoken in saying that the Conservatives in Parliament are not living up to the suggestions of this Special Senate Committee and previous commitments to maintaining the human rights of those detained.  Green Party Justice critic, Jared Giesbrecht, was quoted on the Green Party homepage as saying "Prime Minister Harper, had an opportunity to demonstrate Canada's commitment to international human rights through our counter-terrorism and security laws, instead he chose to sacrifice human rights in the name of security and is actually opening the door for greater injustice and insecurities.  The Green Party believes detention should be a last resort and the provisions should allow for the affected to raise defenses to the accusations they face.

For more information, please see:

Human Rights Watch - Canada:  Parliament Should Amend Bill on Special Advocates - 19 November 2007

Green Party (Canada) - Green Party Blasts Conservative Immigration Bill - 23 November 2007

Public Safety Canada - Frequently Asked Questions - Security Certificates - 2007

UPDATE: Economists Provide a Unique View on Capital Punishment Debate

By Andrew Benfield
Impunity Watch Reporter, North America

WASHINGTON, D.C. – In 1976 the Supreme Court used studies on the deterrent effect of capital punishment to reinstitute the death penalty.  Recently, economists have revisited the deterrent effect of capital punishment through an economic prospective.  Nearly a dozen studies have been conducted in which the rate of murders in a specified areas are compared with the number of executions within the same time period and area location.  The studies suggest that for each execution three to eighteen murders are prevented. 

More specifically, the studies examine a particular area’s murder rate over time.  The study then tracks the execution rate for the specified area over the same period of time in order to elicit the affect that executions have on the murder rate of that year or the following years.  In order to strictly compare the two rates, economists attempt to eliminate the influence of broad social trends such as “the general crime rate, effectiveness of the criminal justice system, economic conditions and demographic changes.”

The empirical data derived from these studies has convinced some legal scholars that capital punishment has a strong deterrent affect.  In a Stanford Law Review article, two legal professors concluded that “capital punishment may well save lives…Those who object to capital punishment must come to terms with the possibility that the failure to inflict capital punishment will fail to protect life.” 

However, the new economic studies have been met with sharp criticism.  Gary Becker, winner of the 1992 Nobel Prize in economics states that there is not enough variation in the studies’ evidence to be confident that they have “isolated a deterrent effect.”

A greater criticism is that the studies are working on the implied assumption that criminals are working as rational actors when committing crimes.  For capital punishment to work as a deterrent, a criminal must weigh the advantage of committing the act against the cost the criminal may face if caught.  The economic studies may give too much weight to the “rational criminal” element. 

Finally, some legal scholars criticize capital punishment on purely fiscal grounds.  It has been estimated that a single capital litigation can cost nearly $1 million.  Critics argue that this money could be better spent on crime prevention that would prevent more murders that the deterrent effect of carrying out the capital punishment. 

These issues loom over the Supreme Court as the prepare to hear a challenge to capital punishment procedure in early 2008.  Noticeably absent from the economic studies is the moral implications of an innocent person put to death. 

For more information, please see:

The New York Times – Does death penalty Save Lives? A New Debate – 18 November 2007

Impunity Watch – Supreme Court to Hear Case on the Constitutionality of Lethal Injection – 25 September 2007

Mexican Political Prisoners Subjected to Inhumane Detention

By Jacob Leon Beier
Impunity Watch Senior Desk Officer, North America

MEXICO CITY, Mexico – Human Rights groups, including the NGO, Decade Against Impunity Solidarity Network (RSD), report that over 500 political prisoners have been detained for lengthy periods of time in jails throughout Mexico.  The prisoners have been denied basic legal rights and are being subjected to torture while in the custody of Mexican law enforcement officials.

RSD released a report recently that details the “false charges” that have been levied against the prisoners by the government as well as interrogation tactics that amount to torture—illegal under international law.  The RSD report found that due to the drawn out judicial process in Mexico, prisoners must await trial for prolonged periods of time.  For example, two indigenous Nahua people have been imprisoned for 22 months in the state of Veracruz for crimes related to organized criminal activity and committing acts of terrorism—charges that the RSD avers are false.

Critics argue that many of the prisoners were forced to confess for crimes they did not commit through “repression, oppression and torture.”

Mexican human rights activist, Ericka Zamora, stated at the release of the RSD report, “[s]ocial struggle and defending human rights in the country have become high-risk activities because of constant threats of arrest and harassment of grassroots activists.”

The Miguel Agustin Pro Juarez Centre for Human Rights argues that President Felipe Calderon has largely ignored the suggestions of the United Nations concerning the defense of human rights in the case of political prisoners.

The inhumane treatment of Mexican political prisoners is not a new issue by any means.  US citizens protested the imprisonment of Mexican students back in the 1970’s.  The American activists were barred from any political activism within the country because they were foreign visitors and prohibited to do so under existing Mexican law.  The large majority of the imprisoned students were arrested, detained without a trial or public hearing, and did not receive notice of any formal charges until well over a year after their arrest.

For more information, please see:

Indian Muslim News and Information – Mexico Holding 500 Political Prisoners – 22 November 2007

Solidarity-US.org – Help Oaxacan Political Prisoners – 30 March 2007

The New York Review of Books – An Open Letter to American Citizens on Behalf of Mexican Political Prisoners – 4 June 1970

YouTube – Testimony: Mexico 2006 Atenco Political Prisoners

Increased Poverty Among Rural Population Continues to Remain Unaddressed

By Andrew Benfield
Impunity Watch Reporter, North America

WASHINGTON, D.C – The United States is home to nearly 47 million people who live without health insurance.  These people represent more than 15 percent of the United States’ total population.  Within this 15 percent, remote rural area residents are more likely to suffer from poor health without health insurance than urban and suburban residents.  The Department of Health and Human Services reports that almost half of all adults living in rural America suffer from at least one undiagnosed chronic condition.  Specifically, research has found that rates of arthritis, hypertension, heart ailments, diabetes and major depression run higher in rural areas as compared to urban settings.  One major problem contributing to these high rates is the lack of adequate hospitals and primary-care providers in rural areas. 

The Rural Poverty Research Center released a study that documented persistent poverty counties.  A persistent poverty county is one in which at least 20 percent of the county’s population has been at or below the poverty line in every census between 1970 and 2000.  Of the 386 persistent poverty counties, 340 counties are rural (nonmetro). 

Contributing to the persistency of poverty in rural counties is the lack of public transportation.  Almost 40 percent of American rural counties have no form of public transportation

Government and nonprofit organizations have attempted to combat the rural county poverty by addressing specific health issues that are consistent through the population of most poverty-stricken rural areas.  Specifically, Remote Area Medical (RAM) targets vision and dental care problems in rural areas.  RAM travels to rural poverty areas providing free eye exams and eyeglasses to patients.  In addition, RAM’s dental program offers emergency extractions, restorations, cleanings and fluoride treatments. 

For more information, please see:

The New York Times – Patients Without Borders – 18 November 2007

Rural Poverty Research Center – RAM Rural America Program

Rural Poverty Research Center – What are Persistent Poverty Counties? – 18 June 2007

Department of Health and Human Services – Rural Research Needs and Data Sources for Selected Human Services Topics – August 2005

BRIEF: President Bush Offers Support to Israeli-Palestinian Peace Talks in Annapolis

WASHINGTON DC, United States - Once again leaders from Israel and Palestine will meet to try to work on the "road map" laid out in 2003 during previous peace talks.  President Bush has offered to help the two sides find their way through the issues to the peace agreement, which has been difficult for both sides to agree to so far.  President Bush, members of the administration and leaders from both countries will meet in Annapolis, Maryland tomorrow.  Bush will begin the days of negotiation by addressing both sides in a speech that is expected to assure both countries that peace between them will be a top priority for the rest of Bush's administration.

Bush, however, will not be addressing his own personal opinions for the different issues both sides will be addressing in the peace talks.  Bush will be there as a matter of support as expectations for an agreement are low.  In previous years negotiations have gone awry over the issue of Palestine's borders, their control over Jerusalem, and the fate of those Palestinians who lost their homes when the state of Israel was created in 1948.  The negotiations will probably start by looking at what went wrong with the previous road maps to peace and the failures to adhere to outlined timetables.

For more information, please see:

Atlanta Journal Constitution - Bush Lends Heft to Mid East Peace Talks, Efforts to Broker Israel-Palestinian Declaration - 26 November 2007

Middle East Web - Middle East History and Resources - 2001-2005

Guardian - Palestinian Peace Brokers Aim at Pact with Israel Within Year - 14 November 2007

BRIEF: Freed Man Attempts to Live Life Freely

NEW YORK, United States – The New York Times recently published a piece that vividly captures the struggle one man has had to face after being wrongly convicted at age 17  for the rape and murder of a high school acquaintance.  He had to spend 16 years in prison for a crime he did not commit. 

Jeffrey Deskovic was released from Elmira state prison in September 2006 after being exonerated by the disclosure of DNA evidence.  Deskovic has struggled to find employment, locate relatives and recover financially for the years of his life that were taken by the state.

Since his release, Deskovic has actively lobbied for the compulsory videotaping of all police interrogations. 

For more information, please see:

The New York Times – Vindicated by DNA, but a Lost Man on the Outside – 25 November 2007

Hate Crimes on the Rise in the United States, Prosecutions in Decline

By Jacob Leon Beier
Impunity Watch Senior Desk Officer, North America

WASHINGTON, United States –The Federal Bureau of Investigation’s (FBI) annual Uniform Crime Report establishes that hate crimes increased nationwide by approximately 8% in 2006.  The report has been cited by critics of the Justice Department, arguing that there is a severe lack of prosecution of these crimes.

In 2006, police records provide that there were 7,722 reports of crimes perpetrated against victims on the basis of “race, religion, sexual orientation, ethnic or national origin or physical or mental disability.”  In 2005, there were 7,163 reports of such crimes.

A number of high profile incidents, including the violence that erupted following the hanging of nooses from a tree at a school in Jena, LA, have been covered by the national media. But, prosecution of hate crimes by federal authorities continues to decrease across the country.  Over the past 10 years, the Justice Department has referred 60% less hate crime cases to prosecutors.

The Justice Department has stated that hate crimes are not prosecuted by the government because the federal hate crime statute is very narrow.  Therefore, prosecuting crimes that would normally be considered a hate crime by the community may not in fact meet the required elements of the federal cause of action.

Critics, on the other hand, urge that the rising amount of hate crimes and the decreasing number of federal prosecutions of offenders indicates unwillingness on the part of federal authorities to bring hate criminals to justice.  “Racial violence is not decreasing.” says Steve Wessler, executive director for the Center for the Prevention of Hate Violence. “Either the resources are not going in to prosecute these cases or there isn’t a willingness to bring these cases.”

A hate crime is defined as a crime “motivated by prejudice based on race, religion or ethnicity.”  The federal hate crime statute is restrictive, allowing only for the prosecution of offenders who commit a violent act in reaction to a victim’s race, color, religion, or national origin in order to prohibit the victim from participating in a “federally protected activity.”

For more information, please see:

The New York Times [AP] – Hate Crimes Rose 8 Percent in 2006 – 20 November 2997

BBC - FBI Details US Hate Crimes Rise – 20 November 2007

USA Today – Feds Accused of Disinterest in Hate Crimes – 8 November 2007

FBI.gov – Uniform Crime Reports:  Hate Crime Statistics

Guantanamo Detainees Cleared for Release Face Extreme Delays Due to Nationality

By:  Lindsey Brady
Impunity Watch Reporter, North America

GUANTANAMO BAY NAVAL STATION, Cuba - The International Herald Tribune recently asserted that there are many prisoners being held at Guantanamo Bay that have been cleared for release but have not been sent home.  The specific case being focused on is the story of a 24 year old Yemeni named Ali Muhammed.  According to the IHT, Muhammed had been told he would be sent home in 2006 but had to wait eighteen months before he was released.  The reasoning behind the delay was Muhammed's country of origin.  When it was revealed that Muhammed was from Yemen and not Saudi Arabia his plane ride home left without him.  IHT has concluded that detainees who are from Saudi Arabia have been released in much greater numbers than those from Yemen due to the fact that Saudi Arabia is a wealthy ally of the United States.  A spokesman for the Saudi Embassy in Washington has said that more Saudi detainees have been released because the U.S. ally have created rehabilitation programs for the newly released to be re-integrated into society.  Chris Boucek, a researcher from Princeton University, was quoted by IHT as saying "part of the counseling process is to encourage them to settle down and get married and have kids...[the idea being] the more family obligations there are the less likely these former extremists will get into trouble."

Lawyers for Muhammed said that the U.S. military had classified him as a Saudi because that is where he was born but under Yemeni and Saudi law he is considered a citizen of Yemen where his parent's have citizenship.  The Washington Post quoted Martha Rayner, one of Muhammed's lawyers, as saying "this case was an indictment of a system; still cloaked in the strictest secrecy and largely beyond accountability in which a man who faces no charge and no sentence remains deprived of the freedom he was granted more than a year ago."  The United States, however says that detainees have not been released as frequently as Saudi detainees because Yemen, which is a poor country and weakly tied to the United States, has not created a rehabilitation program that will insure former detainees do not return to their lives as extremists.  IHT said it suspected some of the previously released Yemeni detainees who have gone through a rehabilitation program have become insurgents in Iraq.  Frank Sweigart, from the Pentagon, told IHT, "Saudi Arabia is willing to come up to the plate and mitigate the risk...if more countries followed suit, he said,  more detainees would be released in a heartbeat."

For more information, please see:

International Hearld Tribune - Nationality Plays Strong Role in Who Gets Freed From Guantanamo - 22 November 2007

Washington Post - Yemeni Languishes at Guantanamo Long After U.S. Approved Release - 13 June 2007

Washington Post Projects - Guantanamo Bay Detainees by Age - 2007

Center for Study of Human Rights in the Americas - Yemenis Imprisoned at Guantanamo are Cleared for Transfer Home:  Why is not Happening? - 11 May 2005

Cuban Youths Arrested For Wearing Wristband That Supports 'Change' In The Political Power

By Andrew Benfield
Impunity Watch Reporter, North America

HAVANA, Cuba – Seventy Cuban youths were arrested on October 29, 2007 for wearing wristbands that displayed the word “Cambio,” or “Change.”  The wristbands have become a symbol of solidarity among Cuban citizens who are calling for a ideological and political shift away from Castro’s dictatorship regime.  In an attempt to protest a second round of Cuban municipal elections, the wristband-wearing youths marched in the streets of Havana.  The seventy youths were arrested and held for several hours. The Cuban police confiscated every wristband but failed to file a single charge against a member of the group.  Among Cuban citizens, the arrests have prompted fears that the government has instituted a new “wave of repression” intended to “crack down” on dissentors.

 

In recent years, opponents of both Fidel and Raul Castro’s communist regimes have identified themselves by wearing the white wristband with stenciled lettering.  In general, the wristband wearing Cubans support a democratic government. 

On November 20, 2007, Cuba announced that it will hold a national election on January 20, 2008.  This election will have major implications as to Fidel Castro’s ability to resume his position as the president.  Though the citizens of Cuba do not directly elect the president, Fidel Castro would have to be re-elected to the national parliament before he could regain his position as president of the Council of State.  Phil Peters, a Cuba analyst, states, “if [Fidel Castro] does not put his name on the ballot, he is effectively resigning.”

For more information, please see:

Miami-Herald - Cuban youth arrested for wearing bracelets - 2 November 2007

Miami-Herald - A package of news briefs from the Caribbean - 20 November 2007

Fox News - Dissident: Cubans Detained for Bracelets - 1 November 2007

Department of Commerce - Statement by U.S. Commerce Secretary Carlos M. Gutierrez on the Arrest of Seventy Cuban Youth Seeking Freedom - 1 November 2007