Tag Archives: detention

30 Years On Refugee Rights Still in Flux

March 17, 2010 at 4:21 PM

Today marks the 30th anniversary of the US Refugee Act of 1980, a bipartisan bill that made concrete the US government’s commitment to people fleeing persecution and human rights violations.

There are more than 40 million refugees and other displaced people in the world and this number is neither a temporary problem nor the random product of chance events. It is the predictable consequence of human rights crises, the result of decisions made by individuals who wield power over other people’s lives.

From the resettlement of the Vietnamese boat people and refugees fleeing the former Soviet Union, to today’s Iraqi and Bhutanese refugees, the refugee resettlement program has been an enduring symbol of the US government’s commitment to protect those who flee persecution.

Unfortunately, in the 30 years since passage of the Refugee Act, US law, policy and practice has often ignored the rights of asylum seekers inside the US. The Refugee Protection Act of 2010, introduced by Senator Leahy (D-VT) and his colleagues this week, goes a long way toward restoring US respect and protection for the human rights of refugees, asylum seekers and others on the move by addressing dire US immigration detention conditions, protecting victims of terrorism from being defined as terrorists, requiring non-discriminatory interdiction policies, and providing protection for stateless people in the US.

One of the cruelest ironies for people seeking protection in the US – many of whom have been detained and tortured at home – is that they are subject to mandatory detention as soon as they request “safety” here. Despite the fact that this law is in direct violation of obligations under the Refugee Convention, the US continues to use detention as a means to deter refugees from seeking asylum or to encourage them to abandon their asylum applications.

If passed, the Refugee Act of 2010 will make critical changes to US immigration law consistent with international obligations and the language and intent of the 1980 Refugee Act. For example, it will ensure that all asylum seekers who have passed a “credible fear” interview will be immediately considered for release from detention.

Senator Leahy’s bill includes other key safeguards for the human rights of detained refugees and asylum seekers. The bill establishes a nation-wide, secure “alternatives to detention” program, which will reduce the unnecessary and undue detention of asylum seekers and immigrants who pose no threat. In addition, the bill makes minimum standards of humane treatment in detention enforceable by law. These provisions will ensure protection of the basic human rights and human dignity of those seeking a new life in the US.

Amnesty International USA applauds the efforts of Senator Leahy and his colleagues to pass legislation repositioning the US as a champion of refugee rights in the 21st century, and urges all members of Congress to support this act.

– Sung In Marshall contributed to this blog

Trail of Dreams Is Trail of Hope

March 16, 2010 at 10:48 AM

I found myself on the steps of the courthouse with other Amnesty International members. We were holding signs that read “Immigrant Rights Are Human Rights!” and holding our heads even higher. I was proud to be there. But I was prouder of the students making history by walking 1,500 miles for immigrants’ rights. And Atlanta was just one stop along their crucial march for legal recognition, the Trail of Dreams 2010.

Carlos Roa, Juan Rodriguez, Felipe Matos, Gaby Pacheco, photo credit: Joeff Davis/www.Joeff.com

Carlos Roa, Juan Rodriguez, Felipe Matos, Gaby Pacheco, photo credit: Joeff Davis/www.Joeff.com

The Trail of Dreams is a trail of hope. It is headed by young people, Felipe, Gaby, Carlos, and Juan, who may lack legal recognition in the US, but carry their human rights. It is a 1,500 mile walk from Miami to Washington D.C to raise awareness about broken US immigration laws and to demand fair and humane immigration law and policy. It is a journey for these students, two of them undocumented, in their fight for rights.

The students walking represent the thousands of young immigrants who were brought to this country in their childhoods by parents who were trying to provide them with a better life. Many live in daily fear of arrest and deportation and have spent their entire lives hiding, understanding that they are considered ‘illegal’ human beings by some lawmakers and media pundits.

Every day in America, hundreds of thousands of young immigrants are unable to fully participate in society. They attend school, play sports and achieve good grades, but are prohibited from receiving any benefits such as in-state tuition to universities they dreamed of attending because they do not have lawful status. Worse, current immigration law provides no avenues for the vast majority of these students to legalize their status, no matter how well they do in school or how much they contribute to their communities. SEE THE REST OF THIS POST

My Name Is Khan and I'm Not a Terrorist

February 11, 2010 at 9:49 PM

UPDATE: Shiv Sena, a political organization with waning popularity, has been actively campaigning against this film.  Given the recent history of Shiv Sena, one can only assume that this movie has been targeted because the lead actor, Shah Rukh Khan is Muslim and he is portraying a Muslim who has suffered discrimination.  Today, there has been a noticeable increase in security in Mumbai, but no plans to cancel screenings.  On the contrary, it seems as though this controversy has caused an upsurge in excitement over the movie.

A blog about human rights is not normally a place to read about upcoming movies, but you all should have a look at the Bollywood movie “My Name Is Khan” scheduled for release tonight (2/12/2010).  The movie is about a Muslim man (played by mega Bollywood superstar Shah Rukh Khan) who grew up in a Muslim neighborhood (but secular family) in Bombay (now known as Mumbai), immigrates to America and falls in love with the person who becomes his wife (played by another mega Bollywood superstar Kajol). Oh, here’s the trailer:

So the wrinkle is that Shah Rukh Khan’s character has Asperger’s Syndrome (a mild form of autism) and so has trouble fitting in.  Despite that, things were going really swimmingly until 9/11 results in he and his family being targeted repeatedly because of their Muslim faith.  There is discrimination and racial profiling complicated by Khan’s Asperger’s Syndrome.  The seminal moment comes when Khan is in secondary screening at the airport and he says “My name is Khan and I’m not a terrorist.”

Of course, this being a Bollywood movie, there will still be some uniquely Bollywood touches like Khan somehow ending up in New Orleans during Hurricane Katrina and the over the top romantic element.  But, unfortunately, there are no song and dance routines which often substitutes for quality acting in many of Bollywood’s output.  Despite that, those interested in how foreigners view the United States after 9/11 albeit in a rather un-nuanced way, cannot go wrong with this movie.  It also shows quite graphically how it feels to be discriminated against in your adopted country.

Cover Up of Detention Center Deaths Exposed

January 11, 2010 at 1:00 AM

This past weekend, the New York Times reported on the widespread and coordinated cover up of deaths in immigration detention. One such case, highlighted in our 2009 report on immigration detention, Jailed Without Justice, involved Boubacar Bah, a 52-year-old tailor from Guinea who had lived in the US for ten years when he was detained. Newly available video shows him begging for help while handcuffed on the floor in solitary confinement. After four months in a coma, he died in detention.

The deliberate and coordinated dehumanization of the 107 people known to have died in immigration detention is shocking and shameful. For the last seven years Amnesty has monitored, investigated and advocated on the mistreatment of immigrants in detention, some of the core problems seemed to stem from incompetence and mismanagement. But it seems clear now that officials involved in immigration detention were regrettably quite competent at re-framing deaths due to neglect, and that detention facilities were in fact well coordinated in the cover up of ill-treatment and disregard.

Independent oversight and accountability is crucial to reforming a cruel detention system that is overused, under-scrutinized and where impunity is the rule and transparency the rare exception. While the US government has publicly stated its intent to reform the detention system, it has specifically rejected calls for enforceable rules as to the treatment of people in detention. According to the government, they are not necessary. The government is wrong. In Jailed Without Justice, Amnesty called for the adoption of enforceable human rights standards in all detention facilities coupled with independent oversight and accountability for transgressions. Until this occurs, ICE will have the ability to arbitrarily deprive people of their liberty, abuse them without repercussion, and label them as criminals as some sort of justification for the mistreatment they are forced to endure in silence.

Gilad Shalit video released in exchange for 20 Palestinian prisoners

October 3, 2009 at 12:02 AM

Hamas, the de facto administration in the Gaza Strip, released a video of 23 year old Gilad Shalit.  Gilad, an Israeli soldier, was seized by armed Palestinian groups over three years ago in June 2006 in a cross ‘border’ raid.  The video is significant as armed Palestinian groups have been detaining him incommunicado except for a couple of letters and an audio tape released over two years ago. Gilad has been denied communication with not only his family, but also the International Committee of the Red Cross (ICRC) which contravenes international law. Since his capture, Amnesty International has consistently called for his releaseand for the ICRC to have access to him.  AI has done this using both public actions and behind the scenes dialogue.

Negotiations for Gilad Shalit’s release have intensified under the current government of Prime Minister Binyamin Netanyahuand Gilad’s family as well as the nation has been increasingly concerned about his condition and treatment.  The following video, although in Hebrew, shows a pale, but otherwise healthy looking Gilad Shalit holding a paper from September 14th.

In exchange for the video, which Israel requested as ‘proof of life’, Israel released 19 Palestinian women prisoners; another female prisoner is due to be released sometime next week.  Israel holds several thousand Palestinians, including hundreds of children, in Israeli prisons against international law.  Hundreds of detainees are also held without charge or trial under administrative detention orders which can be repeatedly renewed and often includes children.  Currently, one child is held under administrative detention, Hamdi Al-Ta’mari.  Amnesty International is working on his case.  More information available at http://www.dci-pal.org/english/display.cfm?docID=1096&categoryid=16.

Others have been convicted in unfair trials in military courts.  It is a major concern that prisoners are held in Israeli prisons instead of in the occupied Palestinian territories which is against international law.  Since detainees are held within Israel proper, it is very difficult for families to visit minors in detention or other family members.

This video produced by B’tselem explains how the imprisonment of Palestinians inside Israel proper affects families, including the children:

This exchange, although bringing temporary relief to the Shalit family and joy to the families of the 20 detained female prisoners just highlights the concern Amnesty International outlined in the document ‘Detainees used as bargaining chips by both sides in Israel/Gaza conflict’ published in March 2009.  Gilad Shalit, it is believed was taken as leverage in future negotiations with Israeli authorities and many believe Palestinians are regularly taken by Israeli forces for many reasons other than security and one of them is for leverage as well.  Hostage taking, that is threatening to harm or continue to detain a detained person in order to compel a third party to do or abstain from doing something as a condition of their release is expressly prohibited under international law.  Such practice threatens the fundamental right to life, personal integrity and liberty and is expressly prohibited by international humanitarian law.  Under no circumstances is the taking of hostages justifiable.

Negotiations continue with Israel wanting Gilad Shalit released immediately and the Palestinians asking for at least 1,000 Palestinian prisoners to be released and/or an end to the punishing blockade of the strip.

Update: Iran Releases 140 Prisoners

July 28, 2009 at 5:14 PM

The Iranian authorities have announced they have released 140 prisoners from Evin Prison in northern Tehran, reports Reuters. Parliament official Kazem Jalali says that 150 prisoners, arrested during the uprising after the June 12th Presidential election, still remain behind bars.

Ayatollah Khamenei has also ordered the closure of a detainment center in Kahrizak after it failed to “preserve the rights of detainees”. Whether the prisoners in that prison were released or transferred elsewhere remains to be seen.

Human Rights Flashpoints – July 28, 2009

July 28, 2009 at 12:52 PM

HONDURAS

Ousted Honduran President Manuel Zelaya attempted to return to Honduras for the second time on Friday, July 24, 2009.  After a brief moment in his home country, Zelaya retreated back into Nicaragua, setting up camp on Saturday to demand his return home and to power.

Since then, Zelaya has refrained from making another attempt to enter the country for fear of attacks against his supporters, as reported by the BBC.  Curfews remain in place in southern Honduras, while supporters of Mr. Zelaya have blocked main roads.

The Honduran armed forces endorsed the San José Accord, an agreement that was forged in Costa Rica between delegates representing President Zelaya and Roberto Micheletti, the leader of the de facto government.  According to the New York Times, the accord is supported by most governments in the hemisphere and it would allow the return of Mr. Zelaya as president with limited powers.

There are currently no further talks scheduled to take place between the de facto government and Zelaya.

Honduran President Manuel Zelaya was detained by Honduran military personnel and forced into exile at the end of June.  Several government ministers are also reported to have been detained.  Roberto Micheletti, Congress speaker, has been sworn in as “Interim President.”  Micheletti has imposed a curfew.

Recent reports also suggest that journalists who have published news stories on the crisis or covering the issue of protests and scores of detentions have been intimidated.  Prosecutors have also reported threats on account of their attempts to verify human rights abuses during protests.

Must Reads

Overheard

“President Zelaya’s effort to reach the border is reckless.”  Hilary Clinton, U.S. Secretary of State, July 24, 2009.

“The United States should be helping me, not criticizing.”  Manuel Zelaya, Ousted Honduras President, July 25, 2009. 

SOMALIA

The worsening security situation in Somalia was exemplified by Al-Shabab raids on two UN compounds in Baidoa and Wajid last week, which severely hindered the UN’s humanitarian work in Somalia.  Al-Shabab has also threatened to shut down 3 UN operations in Somalia, accusing the UNDP, UNDSS, and UNPOS offices of working against Somali Muslims.  Ongoing fighting in Mogadishu has already led to the closure of many feeding centers throughout the city, putting pressure on already crowded IDP camps and straining the capacity of aid agencies all over Somalia.

Meanwhile, newly appointed Somali Security Minister Abdullahi Mohamed Ali vowed Friday to reform the security forces, telling Reuters by telephone that his “main priority is to gradually re-establish capable security forces that can defeat the terrorists.”

Must Reads

Overheard

“Such acts target the whole gamut of UN peace and humanitarian operations in Somalia.  The UN is providing life-saving support to people in need throughout Somalia, and will continue to do all it can to help the country emerge from decades of violence.”  Ban Ki-Moon, UN Secretary General, July 21, 2009.

“We again appeal to the warring parties in Somalia to respect basic international humanitarian and human rights principles and to guarantee the safety and security of the civilian population as well as for the humanitarian workers trying to help the victims.”  Ron Redmon, UNHCR Spokesperson, July 21, 2009.

Coming This Week

  • July 27: Obama begins economic talks with Chinese leaders
  • July 28: Ousted Honduran President Manuel Zelaya to arrive in Washington, DC for further discussions
  • July 30: Senate hearing on US strategy on Sudan
  • July 31: Renewal of UNAMID mandate
  • July 27 –  July 31: George Mitchell, Dennis Ross, and Robert Gates in Jerusalem for talks regarding West Bank settlements

Juliette Rousselot and Jacki Mowery contributed to this post.

Human Rights Flashpoints is a weekly column about countries at risk of escalating human rights violations and is brought to you by AIUSA’s Crisis Prevention and Response team.

The course of justice in Sri Lanka

July 25, 2009 at 10:10 AM

The Sri Lankan Supreme Court yesterday acquitted five soldiers for the murder of 10 Muslim youths in Udathalawinna on December 5, 2001, during a general election.  The five had been security guards of Anuruddha Ratwatte, the then deputy minister of defence.  Ratwatte and his two sons had earlier been charged for the murders as well but were acquitted in 2006.  Ten young men are dead and no one, to my knowledge, has been convicted for their murder.  Is this how Sri Lanka punishes the guilty?

I couldn’t help thinking of this case when I heard that a verdict is expected on August 31 in the trial of J.S. Tissainayagam, a Sri Lankan journalist.  Tissainayagam is being tried for allegedly violating the country’s emergency regulations and Prevention of Terrorism Act.  The only evidence against him are two articles he wrote in 2006 in a monthly magazine criticizing the government’s conduct of the war against the Tamil Tigers and a confession that his lawyer says was obtained under duress.  Amnesty International has adopted him as a prisoner of conscience and calls for his immediate, unconditional release and for all charges against him to be dropped.  Will we see an acquittal for him on August 31?  Or do acquittals only apply for the powerful and those connected to them?

Another Birthday in Prison

July 24, 2009 at 4:12 PM

Saturday marks the 41st birthday of Chinese journalist and poet Shi Tao. It will be the fifth birthday he celebrates in prison. He is serving serving a 10-year prison term for sending an e-mail summarizing a memo advising journalists on how to handle the 15th anniversary of the 1989 Tiananman Square crackdown.

Chinese authorities have not lessened their restrictions on Internet freedom since Shi Tao was arrested on November 24, 2004. This was particularly apparent on the days immediately before and after June 4 of this year, the 20th anniversary of the Tiananman Square crackdown. The government blocked foreign news Web sites like CNN and the BBC and social networking sites like Twitter and Facebook in anticipation of the day. Controls over other media outlets, including newspapers and magazines, have also intensified in recent years.

While prison conditions have improved slightly for Shi Tao in the past two years, freedom may still be as much as five years away. An appeal to review Shi Tao’s case was rejected last year. His mother’s request for medical parole for Shi Tao–because of a stomach condition that has worsened as a result of a poor prison diet–was also rejected. Don’t let Shi Tao spend any more birthdays in jail!

Global Day of Action for Iran this Saturday

July 23, 2009 at 10:46 PM

On July 25, people in more than 60 cities across the world will be standing in solidarity with the Iranian people in their struggle for human rights. Protesters in Iran continue to experience brutality on the city streets while the number of arrests steadily rises– the latest being the detainment of opposition leader Mir Hussein Mousavi’s brother-in-law, Shapour Kazemi.

The global day of action, organized by United4Iran, is organized around the following four core demands:

  1. That member states and civil society organizations of the international community give sustained attention to the Iranian people’s human rights as a matter of international concern, and that the UN should immediately initiate an investigation into grave and systematic human rights violations in Iran, including the fate of prisoners and disappeared persons, unlawful killings, and torture and other ill-treatment;
  2. An end to state-sponsored violence, accountability for crimes committed and no recourse to the death penalty.
  3. The immediate and unconditional release of all prisoners of conscience, including politicians, journalists, students, and civil society activists; and
  4. Freedom of assembly, freedom of association, and freedom of expression (including freedom of the press) as guaranteed by the Iranian constitution and Iran’s obligations under international covenants that it has signed.

Supporters include Archbishop Desmond Tutu, Shirin Ebadi, Sean Penn, Dariush, Jody Williams, Betty Williams, Mairead Maguire, Adolfo Perez Esquivel, Rigoberta Menchu Tum, Simin Behbahani, Reza Aslan and Ismael Khoi. Dariush will actually be performing at the rally in DC!

Attend an event near you! Visit united4iran.org for a complete listing.

San Diego, California

Rally time: July 24, 6-8pm
Rally location: Balboa Park, (1900 Park Blvd., San Diego, CA, 92101) at the corner of President’s way, on the lawn
More information: www.facebook.com/event.php?eid=101590536518
Contact: Stephanie Hanson at 760-230-2936, [email protected]

San Francisco, California

Rally time: July 25, 12pm-4pm
Rally location: City Hall
More information: www.norcal4iran.com
Contact: [email protected]

Chicago, Illinois

Speaker: Roxana Saberi

Time: July 25, 12 noon
Place: Federal Plaza, Dearborn and Adams
Rally time: Noon
Rally location: Federal Plaza at Dearborn and Adams Street in downtown Chicago
More information: Facebook or contact [email protected]

New York, New York

Rally time: July 25, 12:30pm
Rally location: Starts at Times Square, 41st and 7th Avenue. There will then be a march to the United Nations.

Washington DC

DC event on July 25 will be in 3 parts:

Part one: Demonstration @ UN Office
Start at 4:00pm, corner of 18th+K. We have requested road closure from DCDOT. Signs, slogans, use of bullhorns.

Part two: March to Rally
March starts at 5:15pm, East on K st one block, South on 17th st (march past WH w/o stopping), Enter Constitutional Gardens at 17th + Constitution St.

Part three: Rally at National Mall Constitution Gardens (on 19th + Constitution)
Speakers:
Jody Williams, Nobel Laureate
Mehrangiz Kar, Human Rights Lawyer
Joe Stork, Human Rights Watch, Deputy Director of Middle East and North Africa Division
Parisa Saeb, Human Rights Activist
Dariush, Prominent Iranian Singer and Social Activist

For more information, contact [email protected].

Samah Choudhury contributed to this post