U.N. Special Mechanisms: Reports and Actions Concerning the U.S. 2003-04
Tuesday, April 27
- Organization: HRI
U.N. Special Mechanisms: Reports and Actions Concerning the U.S. in 2003-2004
Summary Executions
Report of Special Rapporteur, on extrajudicial, summary or arbitrary executions, Add: Summary of cases transmitted to Governments and replies received, E/CN.4/2004/7 22 December 2003.
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Death Penalty. The SR sent urgent appeals to the U.S. on behalf of four people facing execution who had been sentenced to death despite indications that they were suffering from mental illness or disability. The SR also deplored the fact that the U.S. had only replied to 5 out of 35 communications issued in the last two years. Para. 55.
Iraq. The SR expressed concern about allegations that U.S. soldiers were shooting civilians in their residences and vehicles in the course of daily operations. The Rapporteur was also troubled by information received in May 2003 that U.S. military forces would have the authority to shoot looters on sight. Para. 28.
Addendum: Summary of cases transmitted to Governments and replies received. E/CN.4/2004/7/Add.1, 24 March 2004.
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Death Penalty. The SR sent several urgent appeals to the U.S. regarding people on death row who suffered from some kind of mental impairment or where there were improprieties at trial. Paras. 569-578.
Police Brutality. The U.S. responded to a joint communication sent by the SR and the Rapporteur on Torture requesting information on four cases of alleged restraint by law enforcement officials that resulted in death. The U.S. gave information on standards regulating the use of restraint chairs by law enforcement and correctional personnel and provided replies to the four cases. Paras. 580-584.
Iraq. On October 23, 2003, the SR sent a communication to the relevant authorities regarding the deaths of Iraqi civilians at the hands of U.S. military officials. Paras. 234-241.
The SR sent a communication to the U.S. government regarding incidents in Fallujah, Iraq, where a number of civilians were allegedly killed by American soldiers under unclear circumstances. Para. 579.
Disappearances
Report of the Working Group on Enforced or Involuntary Disappearances E/CN.4/2004/58, 21 January 2004.
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Anti-Terrorism. The Working Group referred to the 2002 disappearance of a Canadian citizen, suspected of having links to al-Qa’idah, who was reportedly detained by U.S. INS officials at Kennedy airport while in transit to Montreal from Tunisia. Para. 303.
Iraq. The Group also reported that NGOs had expressed concern that evidence related to past disappearances such as mass graves and documentation may be being interfered with, following the occupation of Iraq by the allied forces under the leadership of the U.S.. Paras. 305-306.
Detention
Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2004/3/Add.1, 26 November 2003.
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Post-9/11 Immigration Detainees and Guantanamo Bay Detainees. The Working Group issued two opinions regarding the detention of several non-nationals in the wake of 9/11 (No. 21/2002, No. 5/2003). The Group deplored the lack of co-operation by the U.S. and found that the detainees had been arbitrarily deprived of their liberty. It requested that the U.S. remedy the situation to bring it into conformity with the standards and principles set forth in the Universal Declaration of Human Rights and the ICCPR.
Report of the Working Group on Arbitrary Detention Chairperson-Rapporteur: Leïla Zerroügui E/CN.4/2004/3, 15 December 2003.
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Post- 9/11 Immigration Detainees and Guantanamo Bay Detainees. The U.S. responded to several of the Working Group’s opinions regarding the treatment of individuals detained as a result of 9/11 investigations. It disagreed with the Group’s opinion (E/CN.4/2003/8) regarding the deprivation of liberty of the detainees at Guantanamo Bay. The U.S. maintained the detainees were “enemy combatants” detained in the course of armed conflict under the laws and customs of war. Although none of the detainees has been charged, should they be, they would be provided fundamental procedural safeguards, including counsel. The U.S. also stated that it was not obliged to prosecute “enemy combatants” or to release them prior to the conflict’s end and that the combatants had no right to access to counsel. The U.S. further argued that the “consequences of conflating human rights law and the law of war—international humanitarian law would be dramatic and unprecedented” and that the U.S. was acting not out of punishment, but out of security and military necessity. It concluded that the Working Group lacked competence to address law-of-armed conflict issues. Paras. 13, 16-20.
Anti-Terrorism. The Group generally addressed the importance of protecting human rights and fundamental freedoms in the context of international terrorism. It expressed concern about the rise in arbitrary detentions in the wake of 9/11 and affirmed that “even when fighting terrorism, States are not entitled to undermine such fundamental principles as the presumption of innocence, legally defined offences and penalties, the non-retroactive application of harsher criminal laws and the right to be tried within a reasonable period of time by a competent, independent and impartial court; otherwise they will lose any legitimacy they claim to have vis-à-vis the terrorist organizations, discredit their actions and seriously impair the effectiveness of actions to combat terrorism.” Paras.50-71.
Independence of the Judiciary, Administration of Justice, Impunity
Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, Addendum Situations in specific countries or territories E/CN.4/2004/60/Add.,
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Post 9/11 Detainees. On June 16, 2003, the SR sent a joint communications with the Special Rapporteur on the question of torture concerning Jose Padilla, an American citizen, who had been designated an “enemy combatant” and held incommunicado in military custody without charge, trial, or access to his lawyer or family for over a year. In December 2002, a U.S. district court upheld the President’s authority to detain “enemy combatants”, including American citizens, with a limited right of judicial review but ruled that Mr. Padilla was entitled to consult with a lawyer in order to respond to the Government’s case. The U.S. appealed, arguing that access to an attorney for Mr. Padilla would hinder its interrogation, and Mr. Padilla reportedly remains without access to counsel pending the appeal. Para. 100.
Death Penalty. On July 11, 2003, the SR sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary, or arbitrary executions regarding Darnell Williams who was scheduled for execution in Indiana. Mr. Williams was seeking commutation of his death sentence and reprieve from execution for purposes of DNA testing. The SRs sent another joint appeal on December 19, 2003. Mr. Williams was granted a reprieve, and the DNA results reportedly supported his claim that he had not been present during the murders he was convicted of. However, Indiana’s Attorney-General reportedly stated that Indiana would press ahead with his execution. Paras. 101-102.
Post-9/11 Detainees and Anti-Terrorism. On April 1, 2003, the U.S. sent a detailed reply to the SRs’ September 18, 2002 joint urgent appeal regarding the detentions, particularly of non-US nationals, since 9/11. The U.S. stated that it sought to safeguard civil liberties while protecting against terrorist threats. In some cases, the DOJ has prosecuted individuals for crimes not directly related to terrorism, including enforcement of immigration laws. In those cases, the U.S. argued that its treatment of aliens in INS custody was consistent with the protections afforded under U.S. law. The U.S. refused to disclose information on individual cases. As of March 28, 2003, 766 aliens had been detained on immigration law violations in connection with these investigations. 505 had been deported or left the country voluntarily. Only one of these aliens remained in custody as part of active 9/11 investigations. The U.S. stated that people held on immigration charges were entitled to due process protections and had been notified of the charges and their right to counsel. The U.S. also stated the immigrants’ consular rights had been observed. Paras. 103-107.
Guantanamo Bay Detainees. On March 12, 2003, the SR issued a press release expressing concern about the effects of the D.C. Court of Appeals ruling that Guantanamo Bay detainees cannot invoke the jurisdiction of U.S. courts because the territory is not part of the country. The SR said that this decision could set a dangerous precedent as it implies that a sovereign state could lease land from a neighboring state and establish a detention camp for terrorism suspects while denying them their legal rights. The U.S. behavior, the press release continued, also will be seen as a “systematic” evasion of domestic and international law. Para. 108.
Military Tribunals and Anti-Terrorism. On July 7, 2003, the SR issued a press release to express alarm at the U.S.’ implementation of the Military Order (Detention, Treatment and Trial of Certain Non-Citizens in the War Against Terrorism) signed by President Bush on November 13, 2001. The Order would permit the U.S. to bring six detainees suspected of terrorist activities to trial before a military commission. The SR stated that the U.S.’ behavior is seen as defying UN resolutions that affirm that States’ anti-terrorism measures must accord with international law, including international human rights, refugee and humanitarian law. Para. 109.
Freedom of Expression
The right to freedom of opinion and expression : Addendum: Summary of cases transmitted to Governments and replies received , E/CN.4/2004/62/Add.1, 26 March 2004.
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Anti-War Protesters. On September 17, 2003, the SR sent a joint urgent appeal with the Special Rapporteur on the question of torture regarding the alleged use of excessive force by Oakland Police against anti-war protesters. Para. 805.
Press Freedom. On October 14, 2003, the SR sent an urgent appeal concerning reports that military authorities made journalists visiting Guantanamo Bay sign statements that they would not ask questions about investigations underway at the detention camp. The SR also sent communications about the surveillance of journalists at Guantanamo Bay, the detention and forcible repatriation of two groups of French journalists, and the banning of Al-Jazeera reporters from the NYSE. The SR sent a communication to the Coalition Provisional Authority regarding several alleged cases of violation of the rights to freedom and opinion in Iraq. Paras. 806-808.
Racism, Racial Discrimination, Xenophobia and all Forms of Discrimination
Report by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Mr. Doudou Diène E/CN.4/2004/18, 21 January 2004.
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Affirmative Action. The SR reviewed the current state of affirmative action in the U.S. including the recent decisions in Grutter v. Bollinger and Gratz v. Bollinger. Paras. 17-19.
Situation of Muslim and Arab peoples in various parts of the world: E/CN.4/2004/1923 February 2004.
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Discrimination against Arabs and Muslims. The SR addressed the resurgence of acts of discrimination and hostility towards Arabs and Muslims in the U.S. since the 9/11 attacks. Incidents included hate crimes, arbitrary arrests of Muslim aliens, and the detentions of prisoners at Guantanamo Bay—the majority of whom are Muslims. Paras. 7-13.
Report of the Working Group of Experts on People of African Descent on its third session (Geneva, 29 September-10 October 2003) Chairperson-Rapporteur: Mr. Peter Lesa Kasanda E/CN.4/2004/21, 19 December 2003.
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Criminal Justice System. The report addressed various aspects of discrimination facing people of African descent including the disproportionate numbers of African-Americans in the U.S. criminal justice system and their limited access to effective counsel. Paras. 26-27, 30, 66.
Adverse effects of the illicit movement and dumping of toxic and dangerous
products and wastes on the enjoyment of human rights
Report submitted by Ms. Fatma-Zohra Ouhachi-Vesely, Special Rapporteur, E/CN.4/2004/46 and Corr.1, 15 December 2003.
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Hazardous Waste Recycling. The SR mentioned that hazardous waste recycling has proven to be difficult even in developed countries. For example, 11% of U.S. Superfund sites slated for clean-up were caused by recycling operations. Para 23.
Environmental Effects of Free Trade. The SR stated that during her missions to the U.S. and Canada, she had heard concerns that the drive to reduce trade barriers might pressure countries to relax their export and import regulations on toxic and dangerous products and wastes. Para. 27.
ATCA. The SR referred to American civil society groups’ use of the Alien Torts Claim Act (ATCA) to sue American-based transnational corporations for damages for alleged violations of international law outside of the U.S. “This development may add a new dimension to the enforcement of international law at the national level. While almost all cases filed under ATCA in the U.S. are still pending, there have been rulings in several key courts that suggest a strong potential for future ATCA litigation as a means of enforcing corporate accountability.” Para. 67.
Report submitted by the Special Rapporteur, Fatma-Zohra Ouhachi-Vesely: Addendum Observations and information received from Governments E/CN.4/2004/46/Add.1 and Corr.1, 22 December 2003.
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9/11 Toxic Waste. The SR discussed new cases submitted including an allegation that New York City sold about 60,000 tons of toxic steel scrap left over after the 9/11 attack for disposal in various Asian countries. The SR also updated existing cases involving the U.S. Paras. 21-30, 49-58, 68-72, 77-93, 106-109.
Migrant Workers
Report of the Special Rapporteur on the human rights of migrant workers, Gabriela Rodríguez Pizarro Addendum Communications sent to Governments and replies received, E/CN.4/2004/76/Add.1, 16 February 2004.
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Child Immigrants. In a September 2, 2003 letter, the SR expressed concern about the high number of detained unaccompanied children and the negative conditions of their detention. Paras. 276-278.
Post-9/11 Detainees. On April 1, 2003, the U.S. sent a detailed reply to the SRs’ September 18, 2002 joint urgent appeal regarding the detentions, particularly of non-US nationals, since September 11, 2001. (See Summary under Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy: Addendum Situations in specific countries or territories E/CN.4/2004/60/Add., 14 March 2004.) The U.S. also stated that DHS detention standards require its detention centers and contract facilities to provide detainees with medical care and appropriate treatment, and that the DHS was making every effort to remove aliens with a final order of removal as promptly as possible. Paras.279-286.
Question of the Violation of Human Rights and Fundamental Freedoms in any part of the World
Situation of human rights in Iraq, Report submitted by the Special Rapporteur, Andreas Mavrommatis E/CN.4/2004/36, 19 March 2004.
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