North America

Eli Rosenbaum Seeks To Have Former Nazi Deported

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — For over 35 years, director of Human Rights Enforcement Strategy and Policy Eli Rosenbaum has dedicated his career to prosecuting former Nazis. The human rights office got its start after congressional and public pressure prompted the Justice Department to try to track down former Nazis who had moved to the United States.

Rosenbaum has become the Justice Department’s best-known ‘Nazi Hunter’, assisting the Justice Department pursue 137 cases against suspected Nazis, of which 107 were successful in stripping citizenship or deporting these individuals.

After 35 years of service, Mr. Rosenbaum finds himself with just one active case: Jakiw Palij. Even more peculiar is that the 92 year-old suspected former guard at a Nazi concentration camp will most likely die in the United States, without answering for his alleged crimes against humanity.

Perhaps the most frustrating element for lawyers and researchers such as Rosenbaum working on the cases similar to the case of Jakiw Palij is that under U.S. law, the most that the court allows them to do is to deport former Nazis. Trying them for the actual crimes against humanity is something that has been left for authorities in other countries.

A federal judge ordered Palij deported in 2004, but none of three European countries to which he could be sent would take him. In court filings, Palij denied wrongdoing, claiming that he and other young men in his Polish hometown were coerced into working for the Nazi occupiers.

In the case of Palij, Rosenbaum said to CNN: “What Mr. Palij did prevented other people from reaching old age. He served at the Trawniki SS training and base camp — really a school for mass murder — and he trained on live Jews at the adjacent Trawniki Jewish Labor Camp. And, in the end, everyone who was held there was massacred.”

The atrocities of the Trawniki camp, where Palij worked, aren’t well known in part because the killing was thorough, and kept off official documents. The Trawniki training camp was dismantled in July 1944, due to the advances of the Soviet Red Army.

Though it remains unlikely that Mr. Palij will be deported from the United States, Mr. Rosenbaum remains undeterred to see justice served to those responsible for such a tragic and unforgettable act, stating he believes that he owes it to the victims of the Holocaust to bring every person responsible to justice.

For more information, please see:

CNN — U.S. Nazi hunter has one active case — 27 January 2016

Obama Bans Use Of Solitary Confinement For Adolescents In Federal Prison

By Samuel Miller
Desk Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — On Monday, President Obama announced a ban on solitary confinement for juvenile offenders in the federal prison system, stating the practice is overused and has the potential for devastating psychological consequences. President Obama said he came to his decision after a review by the Justice Department determined the practice reduces the chances that prisoners can be rehabilitated into society.

President Obama Announces Changes to the Federal Prison System. (Photo Courtesy of US News & World Report)

The reforms would affect about 10,000 inmates who are serving time in isolation in the federal system.

The department review yielded a series of recommendations and 50 guiding principles, which officials have said would aim to ensure solitary confinement was an increasingly rare punishment, to be used only as an option of last resort when inmates posed a danger to staff, other inmates or themselves. The new rules also dictate that the longest a prisoner can be punished with solitary confinement for a first offense is 60 days, rather than the current maximum of 365 days.

Obama said he would take a number of other executive actions, including banning the use of confinement as a punishment for inmates who commit low-level infractions. The president is also directing federal wardens to expand out-of-cell time for all inmates and ensure those in protective custody are housed in less restrictive conditions.

“The United States is a nation of second chances, but the experience of solitary confinement too often undercuts that second chance,” Obama wrote in an op-ed for the Washington Post. “Those who do make it out often have trouble holding down jobs, reuniting with family and becoming productive members of society. Imagine having served your time and then being unable to hand change over to a customer or look your wife in the eye or hug your children.”

The President’s decision follows similar actions in some states, as leaders rethink their correctional practices for the first time in decades.

For example, California settled a landmark lawsuit last year by agreeing to an overhaul of its prison system that included strict limits on the prolonged isolation of inmates. Additionally, Colorado and New Mexico have reduced the number of people in solitary confinement.

In recent weeks, Illinois and Oregon have announced they will exclude seriously mentally ill inmates from solitary confinement, and last month New York State reached a five-year, $62 million settlement with the New York Civil Liberties Union, in which it pledged to significantly cut the number of prisoners in solitary as well as the maximum time they could stay there.

Said President Obama: “We believe that when people make mistakes, they deserve the opportunity to remake their lives. And if we can give them the hope of a better future, and a way to get back on their feet, then we will leave our children with a country that is safer, stronger and worthy of our highest ideals.”

In his final year in office, Obama has said that he’d redouble his efforts on criminal justice reform, including improving conditions in federal prisons and encouraging states to adopt new rules that hew more closely to updated research on corrections facilities.

The executive order will only apply to federal prisons; most inmates in the US, however, are held in state prisons.

For more information, please see:

BBC News — Obama bans solitary confinement for juveniles and low-level offenders – 26 January 2016

CNN — Obama bans solitary confinement for juveniles in federal prison – 26 January 2016

Daily Caller — Obama Bans Solitary Confinement For Juvenile Prisoners – 26 January 2016

Washington Post — Obama bans solitary confinement for juveniles in federal prisons – 26 January 2016

NY Times — Obama Bans Solitary Confinement of Juveniles in Federal Prisons – 25 January 2016

The Hill — Obama bans solitary confinement for federal juvenile inmates – 25 January 2016

US News and World Report — Obama Bans Solitary Confinement for Kids in Federal Jails – 25 January 2016

USA Today — Obama restricts use of solitary confinement – 25 January 2016

Tribunal Finds Canadian Government Discriminated Against First Nation Children

By Samuel Miller
Desk Reporter, North America and Oceania

OTTAWA, Canada — The Canadian Human Rights Tribunal ruled on Tuesday the federal government has discriminated against First Nation children on reserves by failing to provide the same level of child welfare services that exist elsewhere. In its ruling, the tribunal found First Nations are adversely impacted by the services provided by the government and, in some cases, denied services as a result of the government’s involvement.

The Canadian Human Rights Tribunal, Located in Ottawa. (Photo Courtesy of National Post)

The government is committing to “significantly increase” funding for First Nations child welfare programs.

In its ruling, the tribunal found that funding formula used by the federal First Nations Child and Family Services Program and related agreements with the provinces and territories have resulted in the denial of child welfare services on reserves. The tribunal also found cases in which there was a financial incentive for the government to remove children living on reserves from their parents’ care and place them in foster care, even though that’s not the standard of care off reserves.

The decision was hailed as a “win not only for First Nations but for all of Canada” by Carrier Sekani Family Services director Mary Teegee.

“If you don’t give a child a good start at life, they don’t have that good of a chance to become strong adults…and if we are not providing what they need to live up to their human potential, that’s a loss not only for Canada but for the world,” Teegee said.

The decision goes on to state the government must cease the discriminatory practice and take measures to redress and prevent it. Furthermore, it calls for the redesign of the child welfare system and its funding model, urging the use of experts to ensure First Nations are given culturally appropriate services.

The quasi-judicial body was ruling on a 2007 complaint from the Assembly of First Nations and The First Nations Child and Family Caring Society of Canada (FNCFCSC), who had argued the federal government failed to provide First Nations children the same level of services that exist elsewhere.

Funding for on-reserve child welfare services has been pegged at 22 to 34 per cent lower than for provincially-funded off-reserve counterparts, the FNCFCSC said in a press release.

Assembly of First Nations National Chief Perry Bellegarde said the tribunal’s ruling presents an immediate opportunity to fix the system. He said he expects to see the funding gap addressed in the upcoming federal budget.

“In this great country there is no room for discrimination and racism. To all the young children that have gone through the failed system, we want to ensure them they’re not forgotten.” Bellegarde said during a news conference.

For more information, please see:

BBC News — Canada short-changed First Nation children – court ruling – 26 January 2016

CBC News — Canada discriminates against children on reserves, tribunal rules – 26 January 2016

CTV News — Ottawa to increase funding for First Nations children after human rights ruling – 26 January 2016

National Post — Federal government discriminated against First Nations children through welfare funding: human rights tribunal – 26 January 2016

Prince George Citizen — Tribunal rules in favour of First Nations on child welfare complaint – 26 January 2016

Reuters — Canada government discriminated against aboriginal children: tribunal – 26 January 2016

Toronto Sun — Federal government discriminated against First Nations children: Tribunal – 26 January 2016

Supreme Court Will Decide Obama’s Immigration Plan

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — The Supreme Court on Tuesday said it will decide whether President Obama has the authority to declare that millions of illegal immigrants be allowed to remain and work in the United States without fear of deportation. The justices also added a question on whether Obama’s action violated the Constitutional provision that he sees the laws be faithfully executed.

Supporters of the President’s Immigration Plan Demonstrate Outside the Supreme Court Building. (Photo Courtesy of BBC News)

The court will most likely hear the case sometime in April, with a ruling before the court adjourns in June.

If the court rules by this spring in favor of the White House, President Obama could begin putting the changes into effect during his final months in office. But if the administration loses, court battles could keep the program on hold for several more years.

With Congress deadlocked over an immigration overhaul, in November 2014, President Obama cited his executive authority in making changes in immigration policy to give a temporary reprieve to illegal immigrants whose children hold U.S. citizenship or permanent residency. The plan sought to prioritize removal of serious criminals while allowing parents of children to work without fear of deportation.

The president’s program, called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), would allow illegal immigrants in those categories to remain in the country and apply for work permits if they have been here for at least five years and have not committed felonies or repeated misdemeanors.

Texas and 25 other states filed suit to invalidate the President’s proposed program. Fifteen states and the District of Columbia, along with leaders of major cities including Houston, Los Angeles and New York, have backed the administration.

Previously, in 2015, a federal district judge in Texas halted the immigration plan, a decision upheld by the Fifth U.S. Circuit Court of Appeals. In each case, the lower courts found the administration had not followed proper administrative procedures in issuing the regulations.

In a statement, Texas Attorney General Ken Paxton welcomed the Supreme Court’s review.

“In deciding to hear this case, the Supreme Court recognizes the importance of the separation of powers. As federal courts have already ruled three times, there are limits to the President’s authority, and those limits enacted by Congress were exceeded when the President unilaterally sought to grant ‘lawful presence’ to more than 4 million unauthorized aliens who are in this country unlawfully.”

Additionally, the court added an additional question to the case. The court asked the parties to address whether the immigration plan violates the Take Care Clause of the Constitution. That is the provision directing the president to take care that the laws be faithfully executed.

Experts said the addition of the Constitutional issue could simply signal a desire to make sure the parties address all legal issues that could be relevant to the case. But the added question could be seen as signaling that some justices don’t agree with the Justice Department’s claim that the states’ interests haven’t been impacted sufficiently to give them legal standing to sue over the immigration initiatives.

“In deciding to hear this case, the Supreme Court recognizes the importance of the separation of powers,” said Paxton.

For more information, please see:

BBC News — Barack Obama’s migrant plan taken up by US Supreme Court – 19 January 2016

CNN — Supreme Court to take up Obama immigration actions – 19 January 2016

NBC News — Supreme Court to Consider Obama Immigration Rules – 19 January 2016

Politico — Supreme Court to rule on Obama immigration orders – 19 January 2016

USA Today — Supreme Court will rule on President Obama’s immigration plan – 19 January 2016

Wall Street Journal — Supreme Court to Rule on Obama’s Bid to Block Deportations – 19 January 2016

Washington Post — Supreme Court to review Obama’s power on deportation policy – 19 January 2016

Iran Detains And Releases 10 U.S. Navy Sailors

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

TEHRAN, Iran — Less than a day after 10 U.S. Navy sailors were detained in Iran when their boats drifted into Iranian waters, the sailors and their vessels were back safely Wednesday with the American fleet. The release appears to have ended a potential flash point, as Iran and world powers move toward the next steps in a landmark nuclear deal that limits Tehran’s atomic program in exchange for the easing of international economic sanctions.

U.S. Sailors Surrender to Iranian Navy. (Photo Courtesy of USA Today)

The sailors were detained on Tuesday when one of their two vessels broke down while training in the Gulf.

CBS News correspondent Charlie D’Agata reported the American sailors were said to have been interrogated Wednesday morning by Revolutionary Guard forces on Farsi Island.

A senior defense official said the sailors were not harmed but would undergo medical evaluations and a debriefing in the Persian Gulf nation of Qatar. Meanwhile, their vessels were taken by another American crew to Bahrain, their original destination and home to the U.S. Navy’s Fifth Fleet.

The Revolutionary Guard’s official website published images of the U.S. sailors before their release, showing them sitting on the floor of a room. They look mostly bored or annoyed, though at least one of the sailors appears to be smiling.

U.S. Defense Secretary Ash Carter thanked Kerry after the sailors’ release and couched the incident in humanitarian terms, noting that “the U.S. Navy routinely provides assistance to foreign sailors in distress.”

Secretary of State John Kerry credited diplomatic strength and newly developed ties with Iran in helping secure the quick and safe release of the sailors.

“These are always situations as everybody here knows which have an ability, if not properly guided, to get out of control,” said Kerry in a speech at the National Defense University. “I’m appreciative for the quick and appropriate response of the Iranian authorities. All indications suggest or tell us that our sailors were well taken care of, provided with blankets and food and assisted with their return to the fleet earlier today.”

The rapid resolution also was a victory for moderate President Hassan Rouhani, who has promoted greater openness with the outside world despite strident opposition from deeply entrenched hard-liners at home.

Kerry said things might not have gone as smoothly before the U.S. opened dialogue with the country over its nuclear program, culminating in a deal to curb its operations reached between Iran and the U.S. along with five other world powers in July.

“I think we can all imagine how a similar situation might have played out three or four years ago,” said Kerry.

For more information, please see:

BBC News — US thanks Iran for swift release of 10 Navy sailors – 13 January 2016

CBS News – Iran frees U.S. sailors captured in Persian Gulf – 13 January 2016

Chicago Tribune — U.S. Navy sailors detained, released unharmed by Iran in less than a day – 13 January 2016

CNN — 10 U.S. sailors detained by Iran freed – 13 January 2016

TIME — Iran Releases 10 U.S. Sailors as the Sun Rises Over the Persian Gulf – 13 January 2016

USA Today — No apologies as Iran releases U.S. Navy sailors – 13 January 2016

Washington Post — Iran releases captured U.S. Navy crew members — 13 January 2016