Today the Inter-American Commission on Human Rights issued precautionary measures to protect persons in the United States whose lives would be put and risk and their human rights violated if deported to Haiti. Human Rights USA calls on the United States Government to comply with its human rights obligations under the American Declaration on the Rights and Duties of Man and restore the moratorium on deportations to Haiti until circumstances there improve.
The IACHR's press release is below:
IACHR URGES UNITED STATES TO SUSPEND DEPORTATIONS TO HAITI
Washington, D.C., February 4, 2011; The Inter-American Commission on Human Rights (IACHR) urges the United States to suspend deportations to Haiti of persons of Haitian origin who are seriously ill or who have family members in the United States.
Following the earthquake that struck Haiti on January 12, 2010, the U.S. government suspended the deportation of Haitians with criminal convictions or charges. According to information the Commission has received, the government announced on December 9, 2010, that it would lift the moratorium on deportations, and the media reported that deportations of Haitians with criminal records resumed on January 20, 2011.
The deportation of seriously ill persons to Haiti could jeopardize their lives, considering the humanitarian crisis that persists in the country, especially the detention conditions in jails and prisons. According to the information received by the Commission, detention centers in Haiti are overcrowded, and the lack of drinking water and adequate sanitation or toilets could facilitate the transmission of cholera, tuberculosis, and other diseases. The IACHR is also concerned that once they arrive in Haiti, seriously ill persons could remain in detention without access to food, drinking water, and adequate medical treatment. Along these lines, U.S. immigrant advocacy organizations informed the Commission that a person of Haitian origin deported on January 20, 2011, has died in a Haitian prison for reasons that have not yet been officially established, after showing symptoms of cholera. In addition, the Inter-American Commission has received troubling information regarding persons being processed for deportation who have immediate family members, even children, in the United States and who in some cases do not have any family members in Haiti.
In light of these circumstances, the Inter-American Commission on Human Rights urges the United States to suspend the deportation of Haitians who are seriously ill or who have family ties in the United States. This moratorium should be maintained until such time as Haiti is able to guarantee that detention conditions and access to medical care comply with applicable minimum standards and until the procedures in place to determine and review deportations can adequately take into account the right to family life of those subject to the deportation process, as well as their family ties in the United States.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in a personal capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
Friday, February 4, 2011
OAS Human Rights Body Tells U.S. to Suspend Deportations to Haiti
Thursday, February 3, 2011
Human Rights USA's Executive Director Discusses Effects of Egypt's Changing Country Conditions on Egyptian Asylees
Switzerland Must Not Make Exceptions for the United States
For Eric Sottas, Secretary General of the OMCT ‘there is not the slightest doubt that Switzerland is obliged under both international law and its domestic law to initiate an investigation for acts of torture against any individual present on its territory that has committed, authorized, participated in or was otherwise complicit in acts of torture. There are no laws that provide an exception for former head of states’.
OMCT's letter to the Swiss government points to the compelling body of evidence about the US policies of torture and ill-treatment under the Bush administration. These policies are well documented and to a large extent publicly acknowledged, including by the former President’s own admissions of having authorized interrogations practices that constitute torture.
‘This is not about targeting a former US President. It is about the respect for the rule of law’, added Eric Sottas. In February 2001 the OMCT had mandated Mr Francois Membrez to bring a criminal complaint for torture against the former Interior Minister of Tunisia Abdallah Kallel on behalf of a victim. The General Prosecutor of Geneva swiftly initiated - on the basis of the same principles as those at stake today – an arrest warrant which could only not be executed because the Minister had left the country in record speed. Ten years later he was prevented from leaving Tunisia in order to be brought to justice, a development seen by Tunisian and European commentators to be influenced by the case opened at the time in Geneva.
Torture is a crime under international law wherever and by whoever it is committed and for the OMCT it is central that the law must not distinguish on the basis of the status or origin of the offender. The OMCT also recalls that the United States has so far not taken any steps to assume its responsibility to undertake comprehensive independent investigations with the aim of bringing those responsible to justice for torture, enforced disappearances and other crimes under international law. Nor have they provided any remedies or reparations for the victims of such practices even in the case of well documented abuse.
Governments should not believe that the question of legal accountability will just go away. To the contrary it needs to be addressed now and states, and especially the political allies of the United States, should start exercising their influence to bring the impunity for orture, secret detention and extraordinary renditions to an end.
Tuesday, January 25, 2011
Thanks to TASSC for hosting meeting with UN Special Rapporteur
We were especially inspired to hear Dr. Mendez describe his "victim-centered" approach to his mandate. As Special Rapporteur, a job he stepped into two months ago, Dr. Mendez will investigate individual reports of torture worldwide and work with governments to stop and prevent torture. Being a survivor of torture himself, he has a very special sensitivity to the rights of survivors to information and redress.
At the meeting, Dr. Mendez noted that he is in discussions with the U.S. Government about complaints of torture committed in the name of national security, including allegations regarding the conditions in which Pvt. Bradley Manning is being held in Quantico, Virginia. He also discussed the international status of the U.N. Convention for the Protection of All Persons from Enforced Disappearances and Optional Protocol to the U.N. Convention Against Torture (neither of which has been ratified by the U.S.)
For more about the meeting, please visit TASSC's website: http://tassc.org/blog/2011/01/tassc-hosts-u-n-special-rapporteur-on-torture/
Monday, January 17, 2011
From Civil Rights to Human Rights
Friday, January 14, 2011
Survivors of torture have a right to redress and accountability. The UN Convention Against Torture, which the U.S. has ratified, sets this out in no uncertain terms. And yet, Senior Judge Harry Edwards told ACLU attorney for the plaintiffs, Cecillia Wang, “You can’t prevail under the law of the circuit... It’s not your fault. That’s what the law of the circuit is.”D.C. Circuit Appeals Ready to Void Torture Suit
When we talk about closing the gaps between international human rights standards and U.S. laws, this is what we mean.