CHALLENGING U.S. HUMAN RIGHTS VIOLATIONS SINCE 9/11

ChallengingUSHRViolationsSince911
ChallengingUSHRViolationsSince911

CHALLENGING U.S. HUMAN RIGHTS VIOLATIONS SINCE 9/11

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http://catdir.loc.gov/catdir/toc/ecip054/2004027189.html

CHALLENGING U.S. HUMAN RIGHTS VIOLATIONS SINCE 9/11
REPORT BY MEIKLEJOHN CIVIL LIBERTIES INSTITUTE
ANN FAGAN GINGER, EDITOR
I. THE MOBILIZATION OF SHAME 
A. AFTER SEPTEMBER 11th
1. CONNECTING THE DOTS
2. SENDING A MESSAGE 
B. THE MOBILIZATION OF SHAME
1. WHY NOT JUST HIRE A LAWYER TO SUE
2. A WORD OF CAUTION
3. A WORD OF HOPE
4. WHAT COURT HAS POWER TO ENFORCE ITS DECISIONS?
C. GOALS OF THIS BOOK
D. OUTLINE OF THIS BOOK
E. THE ULTIMATE PURPOSE OF THIS BOOK
F. ACTIONS AFTER 9/11: A BRIEF STARTLING SUMMARY
G. WHAT HAS CLEARLY BEEN MISSING IN U.S. GOVERNMENT ACTIONS AFTER 9/11
H. WHAT IS THE REAL SCORE IN THE "WAR ON TERRORISM"?
I. MEIKLEJOHN INSTITUTE'S QUALIFICATIONS TO MAKE THIS REPORT
II. WHERE THE PEOPLE AND THEIR LAWYERS CAN GO TO REDRESS GRIEVANCES
A. U.S. OFFICE OF INSPECTOR GENERAL 
1. SCANDALS LEAD TO INSPECTOR GENERALS
2. A RECENT OIG REPORT ON IMMIGRATION SERVICE MISCONDUCT
3. COMPLAINTS THAT CAN BE FILED WITH OIGS
		A Note of Caution
		Steps To Take
		Bumps In The Road
		Groups Can Act In Cities, Counties, States, And In Washington
B. U.S. FEDERAL COURTS
1. DEFENDING DETAINEES, DEPORTEES, ARRESTEES
2. DEFENDING ATTORNEY LYNNE STEWART AFFIRMATIVELY
3. FILING AFFIRMATIVE SUITS AGAINST BUSH, ASHCROFT, IMMIGRATION SERVICE, FBI, CIA
C. STATE COURTS
1. DEMANDING JUSTICE BEFORE TRIAL
2. USING UN CHARTER, HUMAN RIGHTS TREATIES
III. WHAT THE GOVERNMENT IS COMMITTED & REQUIRED TO DO IN THE UN AND OAS
A. THE MOBILIZATION OF SHAME, AGAIN 
B. PERIODIC REPORTING TO ENFORCE HUMAN RIGHTS
C. REPORTING TO UNITED NATIONS COMMITTEES
1. WHY MAKING A REPORT MATTERS
2. THE FIRST NATIONAL REPORT
3. U.S. GOVERNMENT RECORD ON REPORTING
4. BUDGETING COSTS OF REPORTING
5. STATE DEPARTMENT STANCE ON REPORTING IN 2004
6. THE SECOND NATIONAL REPORT MUST INCLUDE STATE REPORTS
7. NONGOVERNMENTAL ORGANIZATIONS CAN SUBMIT REPORTS
D. REPORTING TO ORGANIZATION OF AMERICAN STATES
1. INTER-AMERICAN HUMAN RIGHTS COMMISSION
2. LETTER TO PRES. BUSH
3. LETTER TO U.S. NGOS
IV. REPORT on HUMAN RIGHTS VIOLATIONS
Duty To Make This Report for Use in OIG Complaints, Litigation, & Reports to UN Committees
Categories of Rights and Duties
Sources for This Report
A. BASIC RIGHTS OF ALL PEOPLES UNDER U.S. JURISDICTION
1. RIGHT NOT TO BE KILLED OR DISAPPEARED
	1.1	Asylum Applicant Deported, then Killed
	1.2	N.Y.C. Police Kill Immigrant from Burkina Fasso
	1.3	N.Y.C. Police Raid Kills Civil Servant
	1.4	Cincinnati Police Beat African American Man to Death
	1.5	Gunmen Shot Sikh and Muslim Americans
	1.6	County Sheriffs Investigate Deaths at Arizona Border
	1.7	Police Murders in U.S. Virgin Islands
	1.8	Cluster Bombs Kill after Invasion of Afghanistan Ended
	1.9	Deadly U.S. Attack on Afghan Wedding 
	1.10	Afghan Prisoners Die after U.S. Military Interrogation
	1.11	U.S. Troops Charged with Massacre of Afghan Prisoners
	1.12	After Iraq Invasion, U.S. Soldiers Kill Unarmed Iraqi
	1.13	U.S. Sergeant Reported Killing of Iraqi Prisoner at Abu Ghraib
2. RIGHT NOT TO BE TORTURED
	2.1	Detention Center Guards Beat Ivory Coast Pilot
	2.2	INS Dentist Tortured Palestinian Canadian 
	2.3	INS & FBI Agents Tortured Legal Immigrant from Egypt
	2.4	Guards Tortured Saudi-Arabian Student
	2.5	Palestinian Immigrant Died in FBI Custody
	2.6	Deportees Sue Attorney General and FBI
	2.7	U.S. Soldiers Rape U.S. Servicewomen and Are Not Punished
	2.8	U.S. Military Tortured Prisoners at Guantanamo
	2.9	U.S. Troops "Bagged" Prisoners
	2.10	U.S. Troops Torture then Kill Afghan Prisoners
	2.11	U.S. Troops Used Napalm in Iraq
	2.12	U.S. Troops Tortured Iraqis after Invasion
	2.13	U.S. Guards at Abu Ghraib Tortured Prisoners
	2.14	Abu Ghraib Prisoners Sued U.S. Corporations for Torture, Alleging U.S. Collaboration
	2.15	State Prison Guards in U.S. Tortured Prisoners, Then Were Sent to Iraq
	2.16	U.S. Government Refuses to Close School that Teaches Torture
	2.17	Federal Jury Awards Damages for Murder in Chile
3. RIGHT PEACEABLY TO ASSEMBLE AND PETITION THE GOVERNMENT
	3.1	Oakland Police Use "Less Lethal" Rubber Bullets, "Sting Balls;" DA Drops Charges
	3.2	New York Police and FBI Arrest Peaceful Protesters
	3.3	Secret Service Orders Arrests of Peaceful Protesters Against Bush
	3.4	Peaceful Protesters Defeat Lockheed "Restitution" Plan
	3.5	FBI Arrested Peaceful Palestinian Protester for Deportation
	3.6	Miami Police Used Federal Money Against Peaceful Union Demonstration
	3.7	Police Pepper Sprayed Baby at Anti-War Protest
	3.8	Military Punished Soldier for Wife's Anti-War Protests
4. RIGHT TO EQUAL PROTECTION REGARDLESS OF RACE OR NATIONAL ORIGIN
	4.1	Racial Profiling of California Congressman & Others
	4.2	Hate Attack Against Mexican American Teacher
	4.3	Operation Tarmac Arrested 700 Latinos, No Terrorists
	4.4	Many More Hate Crimes Against "Arabs" & "Muslims"
	4.5	Greek-born U.S. Citizen Professor Investigated
	4.6	Police Falsely Accuse and Jail Middle Eastern Men
	4.7	INS Ousts Lebanese-U.S. Citizen Supervisor
	4.8	Transportation Security Agency Screens Out 25,500 Non-Citizens
	4.9	Thousands of Workers File Discrimination Complaints with EEOC
	4.10	U.S. Government Racism Plagues the Border
	4.11	U.S. Practices Deny Equal Protection to African Americans
5. RIGHT TO EQUAL PROTECTION FOR WOMEN
	5.1	Women Earning 76.6% of What Men Earn
	5.2	U.S. Media Discriminating Against Women
	5.3	One Million Women March for Women's Lives
	5.4	U.S. Troops Mistreating Women in Iraq
6. RIGHT TO FREE EXERCISE OF RELIGION
	6.1	DOD Detains U.S. Army Muslim Chaplain
	6.2	FBI Arrests U.S. Citizen, President of American Muslim Foundation
	6.3	U.S. Citizens Perpetrate Hate Crimes against Muslims
	6.4	U.S. Muslims Feeling a "Chilling Effect"
7. RIGHT OF THE MEDIA TO REPORT FACTS, AND NOT BE KILLED
	7.1	Media Fired Columnists for Criticizing Bush
	7.2	Customs Seizes FBI Documents Sent to Journalists
	7.3	Immigration Service Detained Resident Journalist
	7.4	U.S. Guards Threatened BBC Journalists on Guantanamo Tour
	7.5	U.S. Fire in Iraq Killed Seven Journalists
	7.6	U.S. Censored Embedded Journalists
	7.7	U.S. Detains Iranian Journalists 126 Days
8. RIGHT TO PRIVACY FROM SURVEILLANCE
	8.1	Attorney General Implements His Registration System
	8.2	ICE Threatened to Deport Pakistani Teenagers after "Registration"
	8.3	Immigration Failed to Notify Non-Citizens of Second Registration
	8.4	City Agreed To Limit Intelligence Gathering
	8.5	Police Infiltrated Peace Fresno
	8.6	Judge Limited PATRIOT Act Application; Then Amended Opinion
	8.7	Federal Legislation Threatens Right to Privacy of Medical Records
9. RIGHT OF LIBRARIES NOT TO REPORT ON READERS
	9.1	FBI and Department of Homeland Security Checking Out Library Patrons
	9.2	Libraries Shredding Against PATRIOT Act
	9.3	Republicans Change Rules To Keep Library Oversight
10. RIGHT OF UNIVERSITIES TO ACCEPT FOREIGN SCHOLARS AND STUDENTS
	10.1	New Student Exchange & Visitor Information System Targets International Students
	10.2	Foreign Scientists, Technology Students at Risk
	10.3	Mandatory Security Checks Hit Certain Foreign Students: 600,000 may be Affected
	10.4	INS Detained Kuwaiti Immigrant Mathematics Professor
	10.5	Palestinian Prof. on TV; Put on Leave; Indicted
	10.6	ICE Detained and Degraded Student Registrant
11. RIGHT TO TRAVEL
	11.1	Activists Kept Off Airplanes
	11.2	Congress Rejects Pre-Screening Airline Passengers
	11.3	INS Stopped, Deported Syrian Canadian Man to Syrian Jail
	11.4	U.S. Denied Entry to Ex-UK Official, Spanish Lawyer, British Journalist
	11.5	Bush Preventing U.S. Citizens from Traveling to Cuba
	11.6	U.S. Vet Protests When Pakistani-German Fiancée Denied Entry
B. THE GOVERNMENT'S DUTY TO COUNT THE VOTES ACCURATELY & REPORT TO THE PEOPLE HONESTLY
12. CONGRESS AND THE PEOPLE CHALLENGE ADMINISTRATION WORDS AND ACTIONS
	12.1	Voters Mistrust 2002 Election Results
	12.2	Wilson Stated Administration Used Information Known To Be False
	12.3	Investigation of Administration Leak of CIA Identity
	12.4	9/11 Widow Files RICO Lawsuit Against Bush
	12.5	National Commission Issued Report on 9/11
	12.6	Waxman Report Exposes Administration's Misleading Statements
	12.7	U.S. Office of Strategic Influence Proposed to Issue Lies
	12.8	U.S. Lawmakers Ask UN to Monitor 2004 U.S. Presidential Election
	12.9	Florida Puts Ex-Felons Back on Voter Roles
C. THE GOVERNMENT'S DUTY TO OBEY THE CONSTITUTION AND LAW OF NATIONS
13. NOT TO SEND MILITARY FOR REGIME CHANGE IN AFGHANISTAN OR HAITI
	13.1	U.S May Have Directly Killed 3,400 Afghans, Indirectly Killed 20,000
	13.2	U.S. Bombing Killed Children in Afghanistan
	13.3	Bush Charged with Orchestrating Removal of President Aristide in Haiti
14. NOT TO SEND TROOPS FOR INVASION OF IRAQ
	14.1	U.S. Troops Open Fire, Kill Baghdad Protesters
	14.2	After Iraqi Invasion, U.S. Troops Killed Thousands of Civilians
	14.3	Over 12,000 U.S. Casualties from Iraq Invasion 
	14.4	U.S. Appointed Ex-CIA Operative Head of Iraq After He Allegedly Murdered Six
15. NOT TO SUPPORT ABUSIVE REGIMES, VIOLATIONS OF WORLD COURT OPINIONS
	15.1	U.S. Provides Aid to Abusive Regimes in Violation of Federal Law
	15.2	U.S. Supported Israel's Rejection of World Court Opinion
	15.3	U.S. Intervention in Colombia Poisons People and the Environment
16. TO DEAL FAIRLY WITH CONSCIENTIOUS OBJECTOR CLAIMS
	16.1	Dept. of Defense Consistently Denies Conscientious Objector Status
	16.2	Dept. of Defense Deploys Conscientious Objector Applicant to Iraq
	16.3	Marine Corps Sentences Conscientious Objector Applicant
17. NOT TO MAINTAIN WEAPONS OF MASS DESTRUCTION OR DESIGN NEW NUKES
	17.1	Administration Acted Against Treaty Commitments to Limit Arms
	17.2	DOD, Congress Trying To Change Nuclear Weapons Policies 
	17.3	Bush Ignores World Court Opinion on Nuclear Weapons
	17.4	U.S. Forces Use Depleted Uranium In Iraq; Many Affected
	17.5	U.S. Forces Contaminating Afghanistan with Uranium
D. THE GOVERNMENT'S DUTIES TO PROTECT PEOPLE'S RIGHTS 
18. TO GUARANTEE DUE PROCESS OF LAW, RIGHT TO COUNSEL, AND HABEAS CORPUS
	18.1	U.S. Detains Citizen Padilla as "Enemy Combatant"; Habeas Denied on Technicalities
	18.2	PATRIOT Act Labels Ordinary Crimes "Terrorism," Increasing Penalties
	18.3	Ashcroft Arrested Well-Known Defense Lawyer for Egyptian Sheik
	18.4	Immigration Officials Detained Global Relief Foundation Executive, then Deported Him
	18.5	U.S. District Court Judge Kept Secret Habeas Corpus Case of Detained Algerian
	18.6	Courts Reject Sections of Anti-Terrorism Act and PATRIOT Act
	18.7	Jury Acquits One Charged with Terrorism; DOJ Public Integrity Section Investigates Charges
	18.8	Department Of Justice Proposed PATRIOT Act II, Then Dispersed Its Provisions
	18.9	U.S. Takes Native Land for Nuclear Waste Repository and Resource Extraction
19. NOT TO "DETAIN" "ENEMY COMBATANTS" AT GUANTANAMO OR ANYWHERE
	19.1	UN and OAS Concerned that U.S. Ensure Competent Tribunal for Guantanamo Detainees
	19.2	U.S. Sends U.S. Citizen to Guantanamo; Supreme Court Takes Jurisdiction
	19.3	Middle Eastern Men Detained at Guantanamo, Tortured, Denied Rights
	19.4	U.S. Navy Arrested U.S.-Syrian Airman, Seized His Defense Papers
	19.5	U.S. Supreme Court Grants Guantanamo Detainees Review 
	19.6	U.S. Supreme Court Reversed Denial of Habeas to Australian Detainee at Guantanamo
	19.7	U.S. Supreme Court Vacated Judgment for Guantanamo Detainee Gherebi
	19.8	Released British Detainees Allege Abuse at Guantanamo
20. TO DEAL PROMPTLY AND FAIRLY WITH POLITICAL ASYLUM PETITIONS
	20.1	"Operation Liberty Shield" Detains Asylum Seekers
	20.2	INS Detained Palestinian Muslim After He Filed an Asylum Petition
20.3	U.S. Denied Asylum to a Palestinian Family, Deported Them to Jordan
	20.4	U.S. Detains Irish Immigrant Seeking Asylum
21. TO PROTECT THE FAMILY, ESPECIALLY CHILDREN
21.1 U.S. Mistreating Unaccompanied Minors Entering U.S.
21.2 Bush Cuts Housing Vouchers
21.3 U.S. Judge Sentenced African American Teenager For Website
	21.4	Teacher Called Secret Service to Interrogate Students
	21.5	U.S. Limited Sex Education Funding to Abstinence-Only
21.6 Hawaii Passed Law to End Sex Tourism
22. TO ENFORCE ANTI-TRUST AND ANTI-CORRUPTION LAWS
	22.1	DOD Awarded Iraq Reconstruction Contracts without Competitive Bidding 
	22.2	Contracts in Iraq Awarded to Anti-Labor Monopolies 
	22.3	Congress Members Complain about U.S. Awarding Contracts to Political Contributors
	22.4	Whistleblowers on DynCorp Corruption Win in Two Courts
	22.5	Corporate Armies Wage War in Iraq, Afghanistan
23. TO PROTECT THE RIGHTS OF WORKERS AND UNIONS
	23.1	Bush Uses Taft-Hartley Act Against Militant Union
	23.2	Immigration Service Raids Wal-Mart Janitorial Staff
	23.3	Bush Failed To File Required Report Under Humphrey-Hawkins Act
	23.4	U.S. Government Not Protecting Union Rights of Workers in "New" Iraq
	23.5	Oklahoma Workers Hunger Strike in Taiwan
24. TO RELEASE POLITICAL PRISONERS; TO STOP CAPITAL PUNISHMENT
	24.1	Leonard Peltier, Native American Political Prisoner
	24.2	Mumia Abu-Jamal, African American Political Prisoner on Death Row
	24.3	Almost One Hundred Political Prisoners on U.S. List
	24.4	Failure to Abolish Capital Punishment
E. THE GOVERNMENT'S DUTY TO PROPERLY FUND THE GENERAL WELFARE
25. HEALTH AND HUMAN SERVICES
	25.1	Administration Budget Cuts Sent More Single Mothers into Poverty
	25.2	Administration Urged Budget Cuts for Cancer Care
	25.3	Administration Proposed Shrinking Veterans' Benefits
	25.4	Administration Budgeted for Expanding War Powers, Not U.S. Needs
	25.5	National Budget Crisis Cut City Services
	25.6	Bush Plan Endangers Social Security
	25.7	Administration Failed To Face Rising Mental Health Problems 
26. EDUCATION FOR ALL
	26.1	Budget Cut 475,000 Kids Out of After School Programs
	26.2	Funding Cut for Ghetto Schools, Community Colleges
	26.3	Funding Cut for Training, Rehabilitation, and Special Education
	26.4	D.C. Schools Run by the Federal Government
	26.5	Bush Administration Promotes Religious Education and School Vouchers
	26.6	Bush Jeopardizes Programs against Gender Discrimination in Schools
27. ENVIRONMENTAL PROTECTION
	27.1	Bush Charged with Replacing Government Science with Corporate Science
	27.2	U.S. Department of Energy Weakens Standards for Nuclear Waste Storage
	27.3	Bush Administration Cut Clean Air Act Protections; EPA Leader Resigned
	27.4	Bush Administration Ignored Global Warming and the Kyoto Protocol
	27.5	U.S. Inaction on Global Warming Threatens Inuit Cultural Extinction
	27.6	U.S. Military Ignores Environmental/Cultural Standards in Hawaii
	27.7	U.S. Further Endangers Endangered Species
	27.8	U.S. Farm Subsidies are Starving the World
	27.9	Bush Administration Allows Concentrated Animal Feeding Operations Unabated
28. THE JUDICIAL SYSTEM
	28.1	Federal Budget Creates Crisis in the Judiciary
F. THE GOVERNMENT'S DUTY TO REPORT VIOLATIONS 
	TO CONGRESS AND THE UN 
29. TO REPORT THROUGH THE OFFICE OF INSPECTOR GENERAL
	29.1	Inspector General Finds Detained Aliens Physically Assaulted
	29.2	Administration Suppresses EPA Reports On Ground Zero Damage
30. TO MAKE PERIODIC REPORTS UNDER UN TREATIES
	30.1	U.S. Delinquent in Filing Three Required Reports to the UN
	30.2	U.S. Failing To Collect And Report At State And Local Levels
	30.3	One City's Commissions Made Required Reports to Department of State
V. TEXT OF PETITIONS, RESOLUTIONS, ORDINANCES
A. City/County/State Government Resolutions on U.S. Laws and Actions
1. Against the PATRIOT Act
2. Benjamin Franklin True Patriot Act
3. Against the War/Invasion in Iraq
B. City/County Resolutions for New U.S. Laws
1.	Freedom to Read Protection Act of 2003
2.	For an Excess Profits/Windfall Revenue Taz
3.	For the Precautionary Principle
4. Sensible Federal Budget Resolution
5. Against Corporate Personhood
6. For an Inquiry on Impeachment
C. City Resolutions for City Actions
1.	Human Rights Ordinance
2.	For Reporting to UN Committees 
D. Labor Union and NonGovernmental Organizations Actions
1. Union Resolutions Opposing U.S. Policy on Iraq and Iraqi Workers
2. Complaint to Office of Inspector General
VI. TEXT OF LAWS VIOLATED AND IGNORED (excerpts)
A. U.S. Constitution
B. Inspector General Act of 1978
C. United Nations Charter
D. International Covenant on Civil & Political Rights (ICCPR)
E. Convention on Elimination of Racial Discrimination (CERD)
F. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
G. Nuremberg Principles
H. Nuclear NonProliferation Treaty

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