Proposed Arizona Law Violates the Constitution

By Ali Sprott-Roen
Impunity Watch Reporter, North America

(courtesy of The Huffington Post)
(courtesy of The Huffington Post)

ARIZONA, United States – Arizona State Senator Russell Pearce, who was the force behind the passage of Senate Bill 1070, now intends to propose a law that will deny citizenship to children born in the U.S. to illegal immigrants.

Such children are often called “anchor babies” which is a derogatory term referencing the role of a naturalized child in facilitating the legal immigration of the child’s parents. Pearce has stated his belief that “anchor babies are an unconstitutional declaration of citizenship to those born of non-Americans. It’s wrong, and it’s immoral.”

However, contrary to Pearce’s belief, the 14th amendment to the constitution states that “all persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

Despite this fact, Pearce and his fellow Arizona republican representatives will likely introduce legislation this fall that will deny birth certificates to children born in Arizona, and therefore American citizens under the Constitution, to parents who are not legal U.S. citizens.

In addition to violating the 14th Amendment, those who oppose the proposed legislation also say it would increase discrimination and create deeper divides in the community.

The bill is expected to end up in front of the U.S. Supreme court before enactment. In light of the decision in United States v. Wong Kim Ark, which confirmed that individuals born in the U.S. are citizens regardless of their parents’ nationality, constitutional law experts anticipate that federal judges will strike it down as facially unconstitutional.

For more information, please see:

Time – Arizona’s Next Immigration Target: Children of Illegals – 11 June 2010

azcentral.com – Arizona immigration law sponsor Russell Pearce thrusts state into political storm – 6 June 2010

LA Progressive –  Arizona Anti-Immigration Senator Going After ‘Anchor Babies’ Next – 25 May 2010

the raw story –  Author of Arizona law plans to target immigrants’ children – 12 June 2010

Mediaite – Report: Arizona State Senator to Target ‘Anchor Babies’ Next? – 21 May 2010

Despite Death Threats, Colombian Priest Stands Up For Human Rights

Rev. Javier Giraldo (Photo Courtesy of The Washington Post)
Rev. Javier Giraldo (Photo Courtesy of The Washington Post)

By Patrick Vanderpool
Impunity Watch Reporter, South America

BOGOTA, Colombia – The Colombian Judicial System handed down one of its most severe punishments against a member of the country’s security forces.  A retired army colonel was found guilty in the disappearance of 11 people in 1985 and was sentenced to 30 years in prison.  The disappearances occurred when soldiers stormed the Palace of Justice to retake it from leftist guerrillas.

This judicial victory is due in large part to Rev. Javier Giraldo, a Colombian Catholic Priest.  Rev. Giraldo, who worked tirelessly to uncover previously unknown evidence, assured that the victims’ relatives were heard by journalists and prosecutors.  This case is a prime example of the type of work Rev. Giraldo has been pursuing for most of his life.

For the last 30 years, Rev. Giraldo has investigated some of the most egregious human rights violations and has publicly accused who he believes is responsible.  In recent years, Rev. Giraldo has been faced with increasing hostility from pro-government activists for his stance on human rights issues.  Even Colombian President Alvaro Uribe has criticized the man many call the “Marxist Priest.”

Colombia’s Government, as well as pro-government activists, have been quick to label Rev. Giraldo anti-government and a pawn for the largest guerrilla army.  Some have gone as far as to spray-paint death threats on the walls of the Colombian Capitol Building

Despite criticism from pro-government types, many view Rev. Giraldo as a blessing and as an individual who is trying to hold responsible those who committed human rights violations.  Gimena Sanchez, a Colombia specialist at the Washington Office on Latin America, described Giraldo as an “incredibly moral figure who is not linked to any armed groups.”

Giraldo, sitting in his office, surrounded by photographs of other priests who were killed for being outspoken, stated that Colombian Government tries to “denounce and delegitimize whoever helps the victims.”  The recent victory for the families of those 11 victims is a small success in an ongoing war against human rights violations.

Although the battle is not easy, Giraldo is not prepared to give up the fight because of the criticism he is taking.  “I break with a justice system that is absolutely rotten,” Giraldo said. “But I am not saying that I will stop denouncing crimes.”

For more information, please see:

The Washington Post – Priest Faces Criticism For Shining Light on Human Rights Abuses in Colombia – 12 June 2010

Minneapolis Star Tribune – Colombian retired colonel gets 30 years for disappearances in 1985 Palace of Justice takeover – 09 June 2010

IPS – “Death Threats Have Become Routine,” Says Jesuit Priest – 14 May 2010

The Washington Post – Priest Faces – Criticism For Shining Light on Human Rights Abuses in Colombia – 12 June 2010
Minneapolis Star Tribune – Colombian retired colonel gets 30 years for disappearances in 1985 Palace of Justice takeover – 09 June 2010
IPS – “Death Threats Have Become Routine,” Says Jesuit Priest – 14 May 2010

Israeli agent wanted in connection with Hamas murder

By Polly Johnson
Impunity Watch Reporter, Middle East

WARSAW, Poland – Polish authorities have arrested a suspected Israeli agent in connection with the murder of a Hamas leader in Dubai earlier this year.

Germany is now seeking the extradition of Uri Brodsky, suspected in the January assassination of a Hamas commander, identified as Mahmoud al-Mabhouh, one of the founders of the Palestinian group Hamas’ military wing.

Brodsky was allegedly involved in illegally obtaining a German passport, according to a spokesman for the German prosecution, who added that it’s now up to the Poles to decide whether to give Brodsky up to Germany, where he will faces charges of espionage and forgery.

Arrested on June 4 at the Warsaw airport on suspicion that he assisted one of the assassins with obtaining a fraudulent passport, Polish authorities have a month to decide on extradition.

He allegedly worked with Mossad, Israel’s intelligence agency. Israel opposes Poland’s proposed extradition of Brodsky to Germany. However, according to the Polish prosecutor, the extradition is based on a European warrant, which, consistent with European Union standards, leaves Poland with little choice in the decision.

Der Spiegel, a German magazine, reported that the Israeli embassy in Warsaw is urging Poland not to extradite Brodsky to Germany.

His wife also issued a statement urging the authorities to permit Brodsky to be turned over to the Dubai authorities to be tried there.

He will not face charges in connection with the assassination of the Hamas commander, only the espionage and forgery charges.

Officials from Dubai have claimed that Israeli agents are responsible for the January killing and provided the names of two dozen alleged assassins who carried out the plot using fraudulent passports from several different countries, including Britain, the Irish Republic, France, Australia, and Germany. The Dubai police have released surveillance footage showing the alleged Mossad suspects from the hit squad. According to the police, al-Mabhouh was drugged and suffocated.

For more information, please see:

BBC – Israeli wanted over Dubai killing ‘held in Poland’ – 12 June 2010

Al Jazeera – Poland holds alleged Israeli spy – 13 June 2010

The Jerusalem Post – Poles support agent’s extradition – 14 June 2010

Bloomberg Businessweek – Poland May Seek Surrender of Suspected Mossad Agent Tomorrow – 15 June 2010

Examiner – Mossad agent allegedly involved in Hamas killing now to be extradited to Germany – 15 June 2010

Haaretz.com – Poland to extradite alleged Mossad agent to Germany – 15 June 2010

Kyrgyzstan Ethnic War Erupts From Politically Funded Massacres

David L. Chaplin II
Impunity Watch Reporter, Asia

OSH, Kyrgyzstan – Unmitigated violence, resulting in a significant death toll, has engulfed Kyrgyzstan.   The hostilities stem from a breakdown in government and effective security forces outside of Bishkek which precipitated quickly into a crisis waiting to happen, again. Similar violence was seen 20 years prior in 1990, where more than 300 people died during clashes between Kyrgyz and Uzbeks over land ownership near Osh. Soviet leader Mikhail Gorbachev was forced to send in troops to quell the violence.

Kyrgyzstan vigilantes rampage government buildings with Crimson Kyrgyz flags in hand
Kyrgyzstan vigilantes rampage government buildings with Crimson Kyrgyz flags

The U.N. has found evidence of bloody intent behind the chaos in Kyrgyzstan, which continues to kill hundreds and leaves the nation’s second-biggest city a smoldering ruin.  Political violence has also sent more than 100,000 ethnic Uzbeks fleeing.  The declaration by the U.N. that the fighting was “orchestrated, targeted and well-planned” – set off by organized groups of gunmen in ski masks – bolsters government claims that hired attackers marauded through Osh, shooting at both Kyrgyz and Uzbeks to inflame old tensions.

Bakiev’s removal from power on April 7 after bloody clashes between police and protesters in the capital, Bishkek, has ignited old grievances between ethnic Kyrgyz and the minority Uzbek population.  Opposition leaders had accused Bakiev of corruption and consolidating power by keeping key economic and security posts in the hands of relatives or close associates.

The focal point of the current violence has been the south of the country, where Bakiev enjoys the bulk of his backing and where his supporters have sought to undermine the provisional administration in Bishkek led by Roza Otunbayeva.

“Well-armed people who were obviously well prepared for this conflict were shooting at us,” said Teymurat Yuldashev, 26, who had bullet wounds of different calibers in his arm and chest. “They were organized, with weapons, militants and snipers. They simply destroyed us.”

Over 200,000 Uzbeks have fled for their lives to neighboring Uzbekistan, and tens of thousands more, most of them women and children, were camped on the Kyrgyz side or stranded behind barbed-wire fences in a no man’s land where reports of rape and brutal beating consumes them.

A state of emergency has been declared in both Osh as well as the city of Jalal-Abad where the violence has now spread, with police given the authority to shoot to kill.

With more than 200,000 ethnic Uzbeks streaming into camps in neighboring Uzbekistan, according to the Uzbek foreign ministry, there has been a prompting to close a number of border crossings and ask for international assistance.

Fears mount as Uzbekistan may be forced to intervene militarily if the death toll across the border continues to climb, leading to further instability in Kyrgyzstan.  Other countries which border Kyrgyzstan, including China, Kazakhstan, Tajikistan, will also fear being drawn into the crisis.

Until the new central government has gained legitimacy in all the Kyrgyz Republic’s regions through free and fair elections in October, and equal distribution of land and property it is likely that there will be further unrest and possible deaths.  For its part, the interim government accuses Bakiev and his supporters of orchestrating the violence, a charge he denies.

For more information, please see:

CNN World – Concern over refugees grows as calm falls on Kyrgyzstan – 16 June 2010

Al Jazeera English – Kyrgyzstan toll ‘could be higher – 16 June 2010

The Huffington Post – Kyrgyz Violence: Red Cross Says ‘Several Hundred’ Killed In Ethnic Fighting – 15 June 2010

Border Patrol Agent Fatally Shoots Teen

By Ali Sprott-Roen
Impunity Watch Reporter, North America

Adrian Hernandez Huereka (AP photo courtesy of CBS)
Adrian Hernandez Huereka (AP photo courtesy of CBS)

JUAREZ, Mexico – In the second death of a Mexican citizen at the hands of an American border patrol agent in two weeks, 15-year-old Adrian Hernandez Huereka of Juarez was shot in the head and killed on June 7th. He was believed to be throwing big rocks at the Border Patrol agents who were trying to detain illegal immigrants.

The boy’s body was found on the Mexican side of the Rio Grande, while the Border Patrol agent, who was on bicycle patrol, was on the U.S. side. U.S. authorities claim that the agent was defending himself and fellow agents, however Mexican President, Felipe Calderon, has condemned the death and the Mexican Secretary of the state has stated that using a firearm to respond to a rock attack is a “disproportionate use of force.”

According to the U.S. Customs and Border Protection spokesman, Border Patrol agents are allowed to use lethal force “when an agent is in imminent threat of physical or bodily harm, which could cause death or injury or in protection of an innocent third party.”

The Border Patrol agent who shot Huereka claims he was surrounded by suspected illegal immigrants who were assaulting him with rocks, but a video obtained by CNN has casts doubts on this report. The video shows the border agent emerging on his bicycle from underneath a railroad bridge linking the U.S. and Mexico,  then detaining one individual who he drags along the concrete before raising his arm, with what appears to be a firearm in hand, moments before two shots are heard fired. Witnesses on the video can be heard saying in Spanish, “they’re throwing rocks,” as well as “they hit him…they hit him.”

The boy’s body was found approximately 20 feet over the border on the Mexican side. It is believed he was shot at close range due to the presence of spent .40 caliber shell casings found near his body, suggesting that the U.S. agent crossed the border to shoot the boy.  Border Patrol agent rules mandate that agents from both countries remain on their respective sides of the border.

The Mexican Foreign Ministry responded to the event by saying that “The growing frequency of this type of event reflects a worrisome increment in the use of excessive force on the part of some border authorities.”

According to the Ministry’s data the number of Mexicans killed or wounded by U.S. border Patrol agents has increased from five in 2008 to 12 in 2009 and 17 so far this year.

For more information, please see:

CBS – U.S. Border Patrol Fatally Shoots Mexican Teen, Incites Anger, Calls for Investigation – 9 June 2010

Silver City Sun-News – Border Patrol agent shoots teen – 8 June 2010

Huffington Post – Border Patrol Agent Shots 15-Year-Old Boy at Bridge – 8 June 2010

CNN – Youth fatally shot by border agent had smuggling ties, officials say – 10 June 2010

Huffington Post – Border Patrol Shooting Video: Footage Emerges Of Moments Before Teenager Was Shot – 10 June 2010