Paroled American Denied Leave For The Holidays

By Paula Buzzi
Impunity Watch Reporter, South America

LIMA, Peru — Lori Berenson, a U.S. political activist jailed in Peru since 1995 for terrorism, and her 31-month toddler were denied from boarding a flight back to her New York home on Friday despite showing immigration authorities a court order approving the leave. The Peruvian court authorized her leave for the holidays on Thursday conditioned upon her return on January 11.

Lori Berenson blocked at Peru airport. (Photo Courtesy of The Washington Post).

Berenson, a former MIT student, was arrested in 1995 at age 25 on a terrorism conviction after authorities raided her home and found over a dozen members of the Tupac Amaru group inside. The government believes that the rebel group was preparing an attack on Congress and that Berenson was aiding in the planning and providing them a safe house. Authorities also found around 8,000 rounds of ammunition and  3,000 sticks of dynamite inside the home.

Berenson was initially sentenced to life in prison by a military judge, but her sentence was later reduced to 20 years in prison in civil court with pressure from the U.S government. Berenson denied having any knowledge about the rebel group’s violent plans during her trial but has recently acknowledged and regretted to have aided the rebels.

After serving more than 15 years in prison, Berenson has been out on parole and was granted permission by a Peruvian judge to visit her family in New York City for the holidays. Berenson claims that she was turned away by immigration authorities upon arriving at the airport because she was “missing a document” but that she was sure she had all the documents required for travel.

Berenson’s lawyer is her ex-husband and a former member of the rebel group, Anibal Apari Sanchez. Sanchez believes the government abused its authority and made a political decision to stop her from leaving the country. “Administratively, you can’t block a court order,” he said.

An anonymous U.S. State Department official stated that there were some paperwork issues that were being worked through but that he could not comment any further on the situation because of its sensitivity.

Guillermo Gonzales, A Judiciary Department spokesman denies blocking the court order. “We don’t have anything to do with it,” he said. “As far as the judiciary is concerned, she was allowed to leave the country.” Neither the Interior Ministry nor any senior government official could give an explanation.

Sanchez told Reuters he is going to see what other measures he can take in the coming days to make sure Berenson will be home in New York for the holidays.

For further information, please see:

Reuters – Peru Delays Former Prisoner Berenson’s Return to U.S – 18 December 2011

The Washington Post – State Attorney Alleges Judicial Misconduct in Granting Berenson Permission to Holiday in NY – 18 December 2011

CNN – Paroled American Activist Stopped From Leaving Peru, Her Lawyer Says – 17 December 2011

The New York Times – American Who Was Jailed in Peru Is Blocked at Airport – 17 December 2011

 

 

Department of Justice Investigates Civil Rights Abuses in Arizona

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – The self-proclaimed “toughest sheriff in America,” Maricopa County Sheriff Joseph Arpaio has allegedly committed multiple civil rights violations.  The allegations specifically refer to maltreatment of Latino prisoners.  Arpaio has dismissed the complaints as “politically motivated.”

Sheriff Jospeh Arpaio is best known for his tough stance on illegal immigration. (Image Courtesy of The Huffington Post)

Arpaio has always prided himself as tough on crime, especially illegal immigration.  He has consistently dismissed accusations of using racial profiling tactics.  He is most well known for jailing inmates in tents in the desert and dressing them in pink underwear.

The U.S. Justice Department has began an investigation into alleged systematic discrimination against Latinos, including unjust immigration patrols and jail policies that deprive prisoners of basic Constitutional rights, reports the Huffington Post.  Beyond the civil rights investigation, a federal grand jury has also been investigating criminal abuse-of-power allegations since at least December 2009, according to the Washington Post. 

The Huffington Post quoted Thomas Perez as saying, “We found discriminatory policing that was deeply rooted in the culture of the department, a culture that breeds a systematic disregard for basic constitutional protections.” 

Perez is the head of the Justice Department’s civil rights division.  According to CNN, he added that an independent reviewer described Arpaio’s tactics as “the most egregious racial profiling in the United States.”

According to figures provided by Arpaio’s office, 57 percent of the 1,500 people arrested in 20 police sweeps since January 2008 were undocumented immigrants.

CNN reports that the Justice Department said Arpaio’s detention officers invoked offensive slurs and profanities against Hispanics, calling them “wetbacks,” “Mexican bitches,” and “stupid Mexicans.”  The report also said that Latinos are four to nine times more likely to be stopped in traffic stops in Maricopa County than non-Latinos are; often times, Latino drivers are stopped and arrested without good cause.

Furthermore, the Associated Press reports that legal U.S. citizens who are Latino were arrested or detained without cause during many of the traffic stops.  Additionally, the civil rights report says that Latino inmates in Arpaio’s jails were punished for failing to understand English commands although they had little to no English skills.  These violations were punished with solitary confinement for up to 23 hours a day.  Further denials of basic daily services were also reported.

Arpaio insists that the politically motivated allegations by the Obama administration are uncalled for.  The Huffington Post quotes Arpaio as saying, “The Obama administration might as well erect their own pink neon sign at the Arizona-New Mexico border saying welcome illegals to your United States, may home is your home.”

Jack MacIntyre, Arpaio’s deputy chief said that the Justice Department’s allegations were a “sneak attack by the federal government on the citizens of Arizona,” reports CNN.  Arpaio’s attorney, John Masterson said, “People have an intention to go out on a witch hunt, and that’s what they come up with”

Adding to the political atmosphere, Texas Governor and Republican presidential candidate, Rick Perry is defending Sheriff Arpaio, according to CBS News.  Perry agrees that the Justice Department is on a ‘witch-hunt.’  “I would suggest to you that these people are out after Sheriff Joe,” said Perry, according to CBS News.

In addition, Maricopa County Republican Party Chairman, Rob Haney has described Arpaio as “a national hero.”  He too believes that the Department of Justice is “tyrannical” and is personally attacking Arpaio for his stance on immigration, reports the Tucson Citizen.

Arpaio previously worked for the U.S. Drug Enforcement Administration, which allowed him to work in Mexico City for some time, developing a compassion for the people there.  “[E]nforcing the law overrides my compassion.  I took an oath of office and I’m enforcing the state and federal law.  I will continue to enforce all the laws,” Arpaio said (CNN).

On top of these civil rights issues, Arpaio is currently facing pressure from his opponents to resign due to failed sex crime and molestation investigations.  The Huffington Post reports that his office said more than 400 sex crimes investigations had to be reopened after the Justice Department learned of cases that hadn’t been adequately investigated, or investigated at all.

As of now, the Justice Department requires Arpaio to set up effective policies against discrimination that a judge would monitor for compliance, reports the Associated Press.  Arpaio has until January 4, 2012 to decide whether he wants to work out an agreement; if not, the federal government will likely sue him.

For more information, please visit:

CBS News — Perry Defends Joe Arpaio — 16 Dec. 2011

The Huffington Post — Joe Arpaio, Arizona Sheriff, Rebuked by Justice Department for Civil Rights Violations — 16 Dec. 2011

Tucson Citizen — Arpaio is “a National Hero” — 16 Dec. 2011

CNN — Arizona Sheriff Rebuts Federal Allegations of Discrimination Against Latinos — 15 Dec. 2011

The Star (Associated Press) — ‘Toughest Sheriff in America’ Arpaio Violated Civil Rights, Says Scathing Report — 15 Dec. 2011

The Washington Post — Arizona Sheriff’s Office Gets Hit with Scathing Civil Rights Report from Justice Department — 15 Dec. 2011

Protesters Dispersed with Tear Gas and Stun Grenades

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

MANAMA, Bahrain – On Thursday, 15 December, Bahraini security forces targeted hundreds of protesters with tear gas and stun grenades to disperse the protest attempting to block the main road leading to Manama, the nation’s capital.  During the past ten months, the nation’s Shia Muslim majority regularly held protests that called for more rights from the Sunni-dominated monarchy.

Zainab al-Khawaji and other peaceful protesters visibly affected by tear gas during their sit-in at the highway roundabout. (Photo Courtesy of BBC)

Bahrain’s King Hamad pledged to initiate reforms by, for example, hiring police chiefs from the US and Britain to lead security agency reform.  Although Michael Posner from the United States State Department’s Bureau of Democracy, Human Rights, and Labor praised King Hamad for beginning to implement reforms on his recent visit to Bahrain, Posner urged King Hamad to do more to address the human rights abuses.  The US’s concerns of Bahrain using excessive force, such as tear gas, to respond to the continued street protests remain.

During this protest, Bahraini police detained prominent blogger and human rights activist Ms. Zainab al-Khawaja.  She tweeted:  “Sitting in a roundabout on Budaiya street, shouting down down Hamad. Until now riot police don’t seem to know what to do. A few girls have joined me now.”  The police arrested her and another female protester for refusing to leave the sit-in at the roundabout after other protesters dispersed.  The police detained seven other people during the protest.

A police car also ran over Ali al-Kassab, a seventeen-year-old protester, and killed him.  The security forces injured twelve protesters during the peaceful demonstrations throughout Bahrain’s towns and villages.

Bahrainis have protested against the Al Kahalifa dynasty since February 2011.  Saudi Arabia and the United Arab Emirates sent their troops to aid Bahrain in quelling the peaceful protests on March 14.  On November 23, the Bahrain Independent Commission of Inquiry stated the government used excessive force to quash the protests, urged the government to change verdicts protesters received in military courts, and supply compensation for victims.  Overall, dozens of people have died throughout these protests.

On Thursday, riot police chased protesters away from the highway they sought to block while helicopters hovered over the crowd.  Along the highway, protesters waved red and white Bahraini flags.  After the government destroyed a pearl sculpture and evicted the protesters from Manama’s Pearl Square in March, the protesters continually attempt to retake the heavily guarded square that has vast symbolic value.

A Budaiya resident reported, “Protesters are in batches of 40-50 each. There are still many police officers and vehicles here trying to keep demonstrators away from the highway. But protesters keep coming back.”

For further information, please see:

BBC – Bahrain Blogger Zainab al-Khawaja ‘Detained in Protest’ – 15 Dec 2011

IOL News – Bahrain Protesters Confront Police – 15 Dec 2011

Press TV – Bahrain Police Run Over, Kill Protester – 15 Dec 2011

The Washington Post – Bahraini Police Use Tear Gas, Stun Grenades To Disperse Protesters on Highway Outside Capital – 15 Dec 2011

 

Podcast: 10th Plenary Session of the Assembly States Parties of the ICC

On December 13, 2011 the 10th Plenary of the Assembly States Parties of the International Criminal Court was held in New York City.   A podcast of the full event, led by the ICC Plenary Taskforce,  is available on the American Bar Association website by clicking here.  More information regarding the American Bar Association’s International Law section and its activities can be found here.