Impunity Watch: North America

Due Process at U.S. Immigrant Detention Centers Called into Question by Hunger Strike

2009-07-12T21:42:19-04:00

By Sovereign Hager
Impunity Watch Reporter, North America

(Photo Courtesy of KGBT-TV)

LOS FRESNOS, Texas - Kenson Lima, a legal U.S. permanent resident has just ended a hunger strike in protest of his incarceration by Immigration and Customs Enforcement. Lima was detained by ICE officials after being arrested on domestic violence charges. Those charges were later dismissed, though Lima remains in an ICE detention center.

ICE officials maintain that because Lima was convicted of domestic violence in 2007, his permanent residency is in jeopardy. Lima served 30 days for the domestic violence conviction and claims that his due process rights have been violated in his current detention. However, ICE says that the relevant immigration law requires that any immigrant who commits a crime involving moral turpitude within 5 years of entering the U.S. be removed.

Lima says that he has paid his debt to society and that he should not be punished again for the 2007 crime. The Southwest Workers Union has been protesting Lima's incarceration by ICE in front of the federal court house in Allen, Texas to shed light on discrimination immigrants face. Protesters insist that Lima's conviction has nothing to do with what they consider to be a "fundamental human right" - "due process".

Lima began his hunger strike as his deportation proceedings began. A letter Lima wrote explaining his decision to begin a hunger strike claims that his due process rights were violated and that his wife and two daughters are financially and emotionally at risk. A U.S. District Court judge on July 1 ordered medical treatment for Lima who risked dehydration, kidney damage, seizures, cardiac damage and even death.

(Photo Courtesy of KGBT-TV)

Southwest Workers Union says that a hunger strike had been ongoing at the detention center by multiple detainees since late April. Another detainee facing deportation to Haiti claimed that detainees were denied due process, medical attention, legal resources, and were subjected to physical and verbal abuse.

Amnesty International is currently investigating the detention center where Lima is being held. An Amnesty International report on immigration in the United States, titled Jailed Without Justice details hardships that immigrant detainees face.

The report shows that 84 percent of those detained have no lawyers and "immigrants can be detained for months or years without any meaningful judicial review despite international human rights standard requiring such review."

For more information, please see:

The Brownsville Herald - Detention Center Detainee Ends Hunger Strike - 7 July 2009

Dallas Morning News - Judge Lifts Order After Detainee Ends Strike - 6 July 2009

KGBT-TV - Jailed Immigrant Ends Hunger Strike - 6 July 2009

KGBT-TV - Immigrant Claims "No Due Process" - 6 July 2009

Express News - Group Interviews Detained People - 4 July 2009

Honduras Lifts Curfew Imposed After Military Coup d'etat

2009-07-12T19:35:52-04:00

By Nima Nayebi

Impunity Watch Reporter, North America and Europe

TEGUCIGALPA, Honduras - 2 weeks after the military coup which ousted President Manuel Zelaya, Honduran authorities have lifted a curfew in an attempt to restore a normal state of affairs in the crisis ridden country.

In a nation-wide television and radio transmission, the interim government, headed by Roberto Micheletti, announced that the curfew had been successful in restoring calm, preventing crime, and quelling opposition protests. The government had been easing curfew restrictions the past few days, signaling it would be lifted soon.

The curfew was imposed shortly after soldiers escorted Mr. Zelaya, still wearing his pyjamas and at gunpoint, out of the country this past 28 June. The curfew went into effect every night at 11 o'clock and ended at 4:30 a.m. During Zelaya's attempted return to Honduras, the curfew was extended to cover all hours from sunset to sunrise. The interim government prevented Mr. Zelaya's jet from landing by parking military vehicles on the airport runway on 5 July.

Juan Barahona, a leading Zelaya supporter, said that officials were under pressure from bars and businesses hurt by the curfew.

US-sponsored talks held in Costa Rica and aimed at ending the political crisis concluded without agreement on Friday.

Above: Zelaya supporters photographed 29 June 2009. Photo: Oswaldo Rivas/Reuters

For more information, please see:

AP -Honduras lifts curfew 2 weeks after military coup - 13 July 2009

BBC - Honduras lifts overnight curfew - 12 July 2009

Forbes - Honduras lifts curfew two weeks after coup - 12 July 2009

Mexican Military Accused of Torturing Citizens in War on Drugs

2009-07-11T00:10:42-04:00

By Sovereign Hager

Impunity Watch Reporter, North America

(Photo Courtesy of Human Rights Watch)

MEXICO CITY, Mexico - According to documents and interviews with victims, their families, political leaders and human rights monitors the Mexican military violates human rights in its pursuit of drug traffickers. Brutal tactics include forced disapearances, torture and illegal raids.

Court documents, letters and interviews with defense lawyers detail the allegations of 24 police officers, who were arrested in Tijuana on drug charges. They allege that they were beaten by soldiers who placed plastic bags over their heads, suspended them from ceilings, dunked them in water and subjected them to electric shock to force confessions. These holdings are alleged violations of Mexican law.

Mexican officials admitted that abuses had occurred, but maintained that they were isolated. The Mexican government suggested that these allegations were raised as propaganda to deflect attention from the government's efforts to dismantle their operations.

(Photo Courtesy of CBS News)

In the southern state of Guerrero, residents claim soldiers stuck needles under fingernails of a disabled farmer, stabbed a knife in the back of his 13 year old nephew, shot at a pastor, and stole food, milk, clothing, and medication.

In Ciudad Juárez, the state human rights commission reported that they recieved 100 complaints of torture from January 2008 to February 2009. Most reports indicate that the state military bases have become a primary place to detain people suspected of crimes and that torture is used in these facilities.

These new allegations come just weeks before the State Department is set to review the Mérida human rights report. The Mérida human rights report is required to ensure that Mexico makes adequate progress on human rights before all of a $1.4 billion dollar counter-narcotics package is released to Mexico. Requirements include the prosecution of suspected human rights offenders, the exclusion of testimony obtained though torture and regular consulations with independent human rights groups.

Abel Barrera, director of a prominent human rights group in Mexico stated that "these kinds of programs encourage impunity".

For more information, please see:

Washington Post - Mexico Accused of Torture in Drug Wars - 9 July 2009

Race War - The Drug War: Making Mexico Safe for Torture - 9 July 2009

United Press International - Mexican Army Accused of Drug War Torture - 9 July 2009

US to Sponsor Mediation Aimed at Resolving Honduran Political Crisis

2009-07-08T07:28:00-04:00

By Nima Nayebi

Impunity Watch Reporter, North America and Europe

WASHINGTON DC, United States- Exiled President Manuel Zelaya and Honduran coup leaders have agreed to US-sponsored talks aimed at settling the country's political crisis. US Secretary of State Hillary Clinton announced Tuesday that Washington will sponsor the talks after meeting with Mr. Zelaya in Washington. Madam Clinton said her meeting with Mr. Zelaya had been productive. "I reiterated to him that the United States supports the restoration of the democratic, constitutional order in Honduras," she said, but did not state whether her goal was to restore Mr. Zelaya.

"We call upon all parties to refrain from acts of violence and to seek a peaceful, constitutional and lasting solution to the serious divisions in Honduras through dialogue," said Madam Clinton.

Mr. Zeyala, who was ousted last week and Roberto Micheletti, who heads the current interim government, have accepted negotiations sponsored by Costa Rican President Oscar Arias. Mr. Arias won a Nobel Peace Prize in the 1987 for his efforts to end Central American civil wars.The three are due to meet tomorrow in Costa Rica's capital, San José.

Negotiations are likely to be difficult because Mr. Zelaya has said that his return to power is not negotiable, while Mr. Micheletti has flatly rejects this point. Mr. Arias told the BBC that his aim is to start a dialogue between the two men. "You can call it a negotiation or simply a talk, a conversation, a dialogue but I want the two parties to sit around a table and discuss the issues," he said.

US sponsorship of the talks came after Washington insisted that Mr. Zelaya is the elected president of Honduras, and President Barack Obama expressed a need for Honduras to follow "the rule of law." Expressing dissatisfaction, Enrique Ortez, the new foreign relation minister for the interim government, called Mr. Obama a "little black man who doesn't know where Tegucigalpa is located." US Ambassador Hugo Llorens wrote to Ortez: "I express my profound indignation for the unfortunate, disrespectful and racially insensitive comments made about President Barack Obama." Earlier today, Ortez offered his "most profound apologies" for "an unfortunate comment."

For more information, please see:

AP - Honduran official apologises to Obama for remark - 8 July 2009

BBC - Honduras rivals back peace moves - 8 July 2009

Telegraph UK - Ousted Honduras president and coup leaders agree to talks - 8 July 2009

AP - Honduran optimistic about finding solution - 7 July 2009

Impunity Watch - Chaos in Honduras: President Zelaya in Exile after 'Military' Coup-d'etat - 30 June 2009

U.N. Accused of Killing Haitian Protester Amid Political Turmoil

2009-07-07T21:31:26-04:00

By Sovereign Hager

Impunity Watch Reporter, North America

(Photo Courtesy of Reuters)

PORT-AU-PRINCE, Haiti - An unidentified man was killed on June 18th while demonstrating in support of former president Jean Bertrand Aristide at a funeral service for Rev. Gerard Jean-Juste, a well known priest and supporter of former president Aristide. Mourners accuse a U.N. peacekeeper of shooting the unidentified man in the head.

The protests came the day after student demonstrators set fire to a U.N. vehicle. The medical students were protesting the elimination of classes from their curriculum and in favor of an increase in Haiti's minimum wage. The protests also specifically denounced the 9,000-member U.N. force that has been in Haiti since Aristide's term was brought to an end in 2004.

The alleged shooting occurred as 2,000 people followed Rev. Jean-Juste's coffin to the presidential palace to protest President Rene Preval's policies and his failure to bring Aristide back from exile in South Africa.

Protesters placing the coffin of Rev. Gerard Jean-Juste in front of the presidential palace in Port-au-Prince.

(Photo Courtesy of Reuters)

Rev. Jean-Just was a well known advocate for the poor and migrants in Florida. He returned to Haiti and was arrested in 2005 for allegedly conspiring in the killing of a Haitian journalist. International human rights groups argued that the charges were politically motivated. Rev. Jean-Juste was slated under Aristide's party for the presidency in 2006, but the party was not allowed to run and they chose to support the current president Preval. Supporters of Aristide now consider Preval a traitor for failing to bring him back from South African exile.

The U.N. "categorically" denied that any of its soldiers caused the death of a person during the protests in Port-au-prince. "The blue helmets were apparently attacked by stone-throwing demonstrators from different parts of the town center", said Sophie Boutaud de la Combe, a spokeswoman for the UN forces in Haiti. She did admit that warning shots were fired "into the air to disperse the crowd" and that this action "had no connection with the death".

According to a U.N. statement, the cause of death was blunt trauma and not a gun-shot wound. However, witnesses at the scene said that the man wan was shot in the head and that protesters had thrown rocks at the U.N. troops. AP reporters saw the man "lying motionless in a pool of blood moments after the gunshots rang out".

Protesters carried the man's body to the steps of the presidential palace, where Rev. Jean-Juste's casket was laid earlier and demanded that Preval resign. "He was our brother, and they killed him" said one protester, sobbing.

For more information, please see:

Empire Report - UN Soldier Accused of Shooting at Haitian Mourners - 21 June 2009

AFP - UN "Categorically" Denies Shooting Death in Haiti - 18 June 2009

Al Jazeera - "One Dead" In Haiti Funeral Protest - 18 June 2009

AP- Marchers Accuse UN of Shooting at Haiti Funeral - 18 June 2009

Rueters - One Killed in UN Clash at Haitian Priest's Funeral - 18 June 2009

Canadian Mineral Extraction Continues in Guatemala After Protests and Company Intimidation

2009-07-05T12:24:27-04:00

By Sovereign Hager

Impunity Watch Reporter, North America

SAN MIGUEL IXTAHUACÁN, Guatemala - The Association for Integral Development of San Miguel Ixtahuacán (ADISMI) filed an urgent request with the Inter-American Commission for Human Rights that protective measures be put in place for Guatemalan families as Goldcorp expands its gold mining operation there. The sale of land and expansion of the gold mine has been viewed as illegal by local residents, who staged a protest and occupied the land in the hope of forcing a dialogue with Goldcorp.

In response to the occupation of the property, Goldcorp officials told the protesters that they intended to address community demands and agreed to meet the following day. Goldcorp officials did not return the following day. Anger at the unfulfilled promise boiled over, as protesters set fire to company equipment. It was reported that six national police units and two anti-riot troop units were called in.

The Goldcorp mine in Guatemala is operated by a subsidiary of the Canadian company, known as Montana Explorada De Guatemala. The largely indigenous occupants of the San Miguel Ixtahuacán mine area contend that the mine has resulted in adverse health and environmental effects. Residents have been in opposition to the mine since it opened in 2005. There are reports that access to water and water quality are at risk, as are adverse health effects of the open mine, such as skin rashes and lesions.

In June, Goldcorp told a packed ballroom at the company's annual meeting that Goldcorp feels "comfortable" that mining operations are "not creating adverse health impacts". In response to questions regarding local consent to land corporate land purchased, a representative said " we do believe that we have the consent of a majority of the communities where we operate".

The land where the mine is operated was reportedly sold by a family in the area, however there is dispute within that family about the sale of the land. Individuals involved in the protests have been arrested after Goldcorp reportedly pressured the Guatemalan government to take action. Past opposition to mining operations in San Miguel Ixtahuacán have resulted in the death of a man participating in a blockade and water being cut off to protest participants.

Many community leaders are opposed to the continued mining by Goldcorp. The legislative deputy and 11 mayors of municipalities in the area are reportedly against granting Goldcorp any concessions. "All that the mine has created is confrontation between brothers and sisters, and deceptions, and the land of the humble people of San Miguel Ixtahuacán has been taken over"

Liberal MP, John McKay says more needs to be done to prevent Canadian companies from exploiting developing countries.

(Photo courtesy of The National)

Many Liberal MPs have been trying to push corporate social responsibility legislation through the house of commons to ensure oversight of Canada's many mineral extraction operations. The bill, known as the "Corporate Accountability of Mining, Oil and Gas Corporations in Developing Countries Act", would empower the foreign and international trade ministers to sanction corporations who's activities defy Canada's standards on environmental and social responsibility. The bill has been met with mixed reactions and still needs to pass one more reading and vote.

Nearly half of all gas, oil, and mineral extractions carried out by Canadian companies listed on the country's largest stock index are carried out in developing countries with little government oversight. Last year, the Toronto Stock exchange, which is resource dominated, boasted a market capitalization of 215.7 billion Canadian dollars. Guatemalan activists stated that Goldcorp "can give us 50% royalties, but we reject it. What can we do with the money in our pockets if the water sources are dried out."

For more information, please see:

The Dominion - Disputed Property Sale in Guatemala Results in Death Threats, Charges - 1 July 2009

The National - Canada Risks Being "Colonial Exploiters" - 23 June 2009

The Canadian Press - Goldcorp's Performance Tarnished By Accusations in Central America at AGM - 23 May 2009

La Prensa Libre - Manifestantes Denuncian Daño Por Actividad Minera - 22 May 2009

Bloodbath in the Making? Zelaya Vows to Return on Sunday

2009-07-04T21:37:28-04:00

By Nima Nayebi

Impunity Watch Reporter, North America and Europe

TEGUCIGALPA, Honduras - "I am organizing my return," said ousted President Manuel Zelaya. Mr. Zelaya has vowed to return to is country tomorrow despite a promise by the provisional government that he will be arrested if he makes one step into the country. The interim government, lead by former speaker of the house Roberto Micheletti, has already dispatched arrest warrants for Mr. Zelaya to its ports of entry.

Mr. Zelaya's supporter await his return. Photo: AP

The Catholic Church had warned Mr. Zelaya not to return or to face a possible bloodbath in Honduras. The warning comes at a time when the country is divided between those who support and those who oppose Mr. Zelaya. Congress passed a bill imposing a curfew and giving authorities authority to conduct warrantless arrests. The constitutional rights to assembly and free movement have also been suspended between 22:00 and 5:00.

"Honduras' congressional leader Roberto Micheletti, whom Congress appointed President of Honduras on Sunday, speaks during an interview with the Associated Press in Tegucigalpa, Tuesday June 30, 2009. Honduras' interim leader warned that the only way his predecessor will return to office is through a foreign invasion, setting up a dramatic showdown with the ousted president who is preparing to come home accompanied by world leaders." Photo: ABC

The Honduran Supreme Court has said "no" to a call by the Organization of American States to reinstate Mr. Zeyala as President.

Mr. Zelaya was elected to a fixed six year term in 2006 and was exiled during the hours preceding a referendum which he called in order to extend his term in office. The referendum and an extension of his term were opposed by the Honduran Supreme Court as well Congress, including members of Mr. Zelaya's own party.

Some countries, including France, Italy, Spain, Colombia, and Chile have recalled their ambassadors, but Mr. Zelaya enjoys comprehensive international support.

For more information, please see:

ABC News - Honduran Supreme Court stands up to Obama, other thugs - 4 July 2009

BBC - Zelaya vows to return to Honduras - 4 July 2009

Impunity Watch - Chaos in Honduras: President Zelaya in Exile after 'Military' Coup d'etat - 30 June 2009

Torture Survivors Testify Before Congress, Call on the U.S. to Investigate and Prosecute

2009-07-03T18:08:28-04:00

By Sovereign Hager

Impunity Watch Reporter, North America

Hans Hogrefe, assistant to Rep. McGovern, listened to testimony and asked questions during the hearing. (Photo Courtesy of The Epoch Times)

WASHINGTON D.C., United States - On June 25th torture survivors and advocates testified at a congressional hearing sponsored by Representative Jamex McGovern (D-Mass.) in observance of the Torture Awareness Month. Congress was asked to investigate military torture of war prisoners.

Many of those who testified found there to be problems with the U.S. response to torture. Specifically cited as a problem is the fact that government officials go to lawyers and academics as "torture experts", rather than survivors. "The voices of survivors are vital to confronting the issue of torture", said one survivor.

One prominent speaker, Sister Dianna Ortiz who was tortured in Guatemala in 1989, lamented "the disturbing possibility that the Obama administration may believe that it has made an adequate response to the human rights abuses of the Bush era".

Sister Dianna Ortiz (pictured above) started the Torture Abuse and Survivor Support Coalition after surviving torture in Guatemala in 1989. (Photo Courtesy of Epoch Times)

Survivors called on the United States to be a leader in investigating and prosecuting allegations of torture. However, many warned that collecting facts is not enough. Attendees called on developed countries to "recognize . . . obligations and live up to these obligations."

The United States was criticized for its treatment of refugees who come to the U.S. after fleeing from torture and abuse in other countries. Survivors mentioned the problem of coming to the United States only to see other torture survivors deported back to where they were persecuted.

Following the congressional hearing, a program was held at The Catholic University of America, where a panel of experts and human rights activists offered a review of the use of torture in U.S. foreign policy. Speakers detailed U.S. government use of torture since the Vietnam war, stating that "our country has been involved in torture for a very long time".

One speaker, Father Bourgeois, from Bolivia worked with a human rights activist in investigating stories of torture in Bolivia. They presented their findings to American officials and the men were arrested and deported. Father Bourgeois also discussed the United States' use of the School of the Americas, where many Latin American militaries were trained in torture and warfare by the United States.

Those testifying urged the Obama administration to "launch a formal investigation and determine who may be held accountable" for the sanctioning of torture during the Bush Administration. This would go far, say the survivors in setting the precedent that "there are no circumstances that justify torture".

Over 500,000 foreign victims of torture reside in the United States. According to Amnesty International, torture is "widespread" in 70 countries, and documented in 150 countries, including the United States.

For more information. please see:

Ethiopian Review - Torture Survivors Testify at the U.S. Congressional Human Rights Commission Hearing - 1 July 2009

Catholic News Service - Torture Survivors Testify at the U.S. Congressional Human Rights Commission Hearing - 1 July 2009

The Epoch Times - Eradicating Torture - 30 June 2009

New Documents Show Canadian Officials Knew of Afghan "Rape Law" Prior to Enactment

2009-06-30T19:27:57-04:00

By Sovereign Hager

Impunity Watch Reporter, North America

OTTAWA, Canada - Newly released documents show that Canadian diplomats knew about Afghanistan's Shiite family law, more commonly known as the "rape law", before it passed and did not inform the appropriate government officials.

The law in question gives Shiite husbands broad authority over their wives, effectively legalizing rape within marriage. Canadian officials charged with monitoring human rights and democracy through the Canadian International Development Agency reportedly knew about the law in October of last year. The specific wording of the law was not known to the agency, however the lack of investigation into the proposed legislation is viewed as a serious failure.

Canadian Foreign Affairs Minister Lawrence Cannon (pictured above) was not informed about the proposed legislation.

(Photo Courtesy of Canwest News)

New Democrat MP Paul Dewar said that someone should have been asking questions about the law. He further stated that the Canadians were supposed to be "keeping an eye on human right". He noted that Ottawa is the primary funding source for the Afghan human-rights commission. "I would have thought if this had been noted to our officials they would have been on it immediately".

According to the released documents, Canadian officials had a hard time getting a hold of the legislation and getting it translated. Numerous attempts to meet with President Karzai were unsuccessful. Canadian ambassador Ron Hoffman did not meet with Karzai until mid-april.

As a response to the lack of a coordinated response to the proposed legislation, Ottawa has deployed a legal team to Kabul to help the Afghans assess legislation.

Soraya Sobharang, a prominent member of the Afghanistan Independent Human Rights Commission, testified before the committee that Western countries let down the women of Afghanistan. She stressed that Canada needs to be more vigilant about intervening on human-rights matters.

The Afghan government is currently reviewing the law, but many advocates are not convinced that the provisions in question will be repealed. Sobharang also worried that similar legislation would be introduced for the majority Sunni population.

For more information, please see:

The Canadian Press - Documents Show that Canada Knew About Afghan Rape Law in Advance - 29 June 2009

Digital Journal - Rape Law: Canadian Diplomats Knew Of Afghan Law Before It Passed - 30 June 2009

Toronto Sun - Diplomats Knew of Afghan Rape Law - 30 June 2009

Chaos in Honduras: President Zelaya in Exile after 'Military' Coup de'etat

2009-06-30T12:56:05-04:00

By Nima Nayebi

Impunity Watch Reporter, North America and Europe

TEGUCIGALPA, Honduras - Chaos continues in Honduras after troops acting under the authority of the Supreme Court ousted President Manuel Zelaya and flew him to Costa Rica in the midst of a power struggle over plans to change the country's constitution.

Arriving in Costa Rica wearing his pyjamas, Mr. Zelaya said that he had been kidnapped by the military in a "coup" following his call for a referendum to extend his "non-renewable" 6-year term in office, which is due to expire on 27 January 2010.

The referendum had been ruled illegal by the Honduran Supreme Court and was opposed by Congress as well as Mr. Zelaya's own party. Congress appointed another member of Mr. Zelaya's liberal party, Roberto Micheletti, as acting head of state. Mr. Micheletti will serve the remainder of President Zelaya's term and elections are scheduled to be held 29 November 2009.

Soldiers stormed the presidential residence this Sunday morning, just hours before the referendum was slated to begin. The BBC reported that armoured vehicles were on the streets of the Honduran capital, and that troops used tear gas to disperse Mr. Zelaya's supporters from outside his residence.

Mr. Zelaya insists he is still the president of Honduras. "This was a plot by a very voracious elite, an elite which wants only to keep this country isolated, in an extreme level of poverty," he said.

New York-based International Action Center, which defines itself as an "anti-capitalist and anti-imperialist group," is circulating an online petitioncalling on President Obama and Madam Secretary Clinton to "condemn the unconstitutional and anti-democratic military coup in Honduras and insist that the military regime and the newly appointed but illegitimate president of Honduras restore President Zelaya to office...." The group is further demanding that the US recall its Ambassador to Honduras.

Zelaya is a civil engineer and rancher by profession. He took office in 2006 after prevailing over the ruling National Party candidate. Since becoming President, he moved Honduras away from its traditional alliance with the US and toward friendship with Venezuelan President Hugo Chavez. Venezuela has reportedly put its troops on high alert, while Mr. Chavez has pledged to do whatever is necessary to restore Mr. Zelaya to power.

Chavez has blamed the "yankee empire" for the coup, but the White House has denied any involvement in the affair. President Obama has urged Honduras to respect "the rule of law." The US recognizes Mr. Zelaya as the rightfully elected president of Honduras.

The EU has called for "a swift return to constitutional normalty" in Honduras.

Photo above: AP

For more information, please see:

American Thinker - The Honduran 'Military Impeachment' - 30 June 2009

BBC - Honduran leader forced into exile - 28 June 2009

Newsvine - Venezuela's Chavez Threatens to Invade Honduras over Coup - 28 June 2008