International community and civil society call for human rights accountability in USA
On the heels of a scathing report issued by the United Nations detailing the U.S. government’s lack of compliance with its international obligations on torture, several grassroots campaigns are increasing pressure on the United States to bring its human rights practices more closely in line with international norms.
In issuing its “concluding observations” on the U.S. torture record following the periodic review of U.S. compliance last month, the United Nations Committee against Torture noted that the U.S.’s lack of a specific law at the federal level prohibiting torture is out of step with article 1 of the Convention against Torture (CAT).
The Committee also regretted that the U.S. maintains a restrictive interpretation of the provisions of the CAT, particularly regarding the concept of “prolonged mental harm” related to torture that is prohibited under the treaty. In its concluding observations, issued on November 28, “the Committee recalls that under international law, reservations that are contrary to the object and purpose of a treaty are impermissible.”
The Committee expresses its grave concern over the extraordinary rendition, secret detention and interrogation programme operated by the U.S. Central Intelligence Agency (CIA) between 2001 and 2008, which involved numerous human rights violations, including torture, ill-treatment and enforced disappearance of persons suspected of involvement in terrorism-related crimes. While noting the content and scope of Presidential E.O. 13491, the Committee regrets the scant information provided by the State party with regard to the now shuttered network of secret detention facilities, which formed part of the high-value detainee programme publicly referred to by President Bush on 6 September 2006.
The Committee further regretted “the lack of information provided on the practices of extraordinary rendition and enforced disappearance; and, on the extent of the CIA’s abusive interrogation techniques used on suspected terrorists, such as water-boarding.” In this regard, it noted particular interest in the long-stalled declassification process of the U.S. Senate Select Committee on Intelligence’s report on the CIA’s detention and interrogation program.
The panel called on the Obama administration to release the Senate report on CIA torture “in the most complete and comprehensible form possible.” This comes as Senate Democrats have accused the White House of trying to censor key portions.
Other issues addressed by the UN included the treatment of migrants, including children held in “prison-like detention facilities,” as well as the “widespread prevalence of sexual violence, including rape, in prisons, jails and other places of detention by staff and by other inmates.” The Committee also expressed concern over “the notable gaps in the protection of juveniles in the State party’s criminal justice system.”
Concern was also raised over the high number of preventable deaths of inmates that take place in local jails and prisons in the United States. As the Committee noted,
958 inmates died while in the custody of local jails during 2012, an 8 percent increase from the 889 deaths in 2010. During the same year State prison deaths remained stable with 3,351 reported deaths. The Committee is particularly concerned about reports of inmate deaths occurred as a result of extreme heat exposure while imprisoned in unbearably hot and poor ventilated prison facilities in Arizona, California, Florida, New York, Michigan and Texas (arts. 2, 11 and 16).
To talk more about the UN’s findings, Dr. Jens Modvig, a co-author of the report, appeared on Democracy Now this week. Among other issues, Modvig discussed the topic of police brutality in the USA and the significance of the parents of Michael Brown – the unarmed black youth gunned down by a white police officer in August – testifying to the Committee against Torture.
The Committee “takes an interest in the measures that United States has in place to control excessive use of force and police brutality,” Modvig said. “When we look at the statistics,” he pointed out, “we heard from the United States delegation that during the last five years, a little over 300 hundred cases have been criminally prosecuted of police officers.”
We asked for the resource of these prosecutions but we have not received this information. So, where there’s still doubt as to whether the mechanisms to hold police officers accountable for excessive use of force, police brutality and even police shootings are probably in place. Another issue of importance is whether there is independent oversight bodies that can check up on the way that the power’s administered in the law enforcement. And also here we have some doubts whether police review boards are sufficiently independent. So, these are some of the concerns that committee has expressed vis-a-vis the United States Delegation.
In an effort to increase the level of accountability in the U.S. when it comes to widespread police violence, demonstrations have been taking place across the country, with protests picking up in recent days in response to the failure to indict a white cop in New York who choked to death an innocent black man by the name of Eric Garner last summer.
Civil rights leaders are also calling for a national march on Washington to demand that the federal government intervene in prosecutions of police officers facing criminal charges. The march will take place Saturday, Dec. 13, and the families of both Eric Garner and Michael Brown will attend, according to the Huffington Post.
“We’ll be in Washington, demanding redress,” Al Sharpton said, speaking at the headquarters of the National Action Network in Harlem. He was joined by representatives of the NAACP, the National Urban League and 14 other groups, all of whom are mobilizing for the march on Washington.
When it comes to the issue of CIA torture and the Obama administration’s official policy of impunity that shields human rights abusers from accountability, civil society groups from across the U.S. are organizing a week of grassroots action to highlight CIA crimes, as well as violations of privacy rights being carried out by the National Security Agency.
According to the call to action, “Vigils, protests, workshops, and other events will start nationwide on International Human Rights Day (December 10th) and conclude on Bill of Rights Day (December 15th).”
Events are currently planned in following cities:
— San Francisco, CA (12/15): http://on.fb.me/1yVv0mq
— Oakland, CA
— San Jose, CA (12/10): http://on.fb.me/1rW0mJs
— Berkeley, CA (12/6): http://on.fb.me/1BhbG5y
— Richmond, CA (12/8): http://on.fb.me/1yjiVDS
— Cleveland, OH
— Washington, DC (12/10): http://on.fb.me/1ysOOOg
— Chapel Hill, NC: (12/15) http://on.fb.me/1FQdujW
— Raleigh-Durham, NC:
. — 12/9: http://on.fb.me/1yjiWry
. — 12/10: http://on.fb.me/1FQcGeM
— Miami, FL
Other grassroots initiatives underway include a petition urging Sen. Mark Udall (D-CO) to submit the Senate Intelligence Committee’s torture report to the Congressional Record. Add your name to the petition here.
Also, the Witness Against Torture campaign will gather in Washington, DC on January 11, 2015, to mark the anniversary of the opening of the Guantanamo indefinite detention facility, also known as “Obama’s Forever Prison,” and the13 years of torture that have taken place there. More information here.