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