US… and Justice For Few

INTER PRESS SERVICE – Poor defendants on death row, immigrants in unfair deportation proceedings, torture victims, domestic violence survivors and victims of racial discrimination – all these groups are consistently being denied access to justice while those responsible for the abuses are protected, according to a new report by the American Civil Liberties Union.

photo by flickr user Chang'rJamil Dakwar, director of the ACLU Human Rights Programme, told IPS, “Access to justice is a fundamental human right and bedrock tenet of American democratic system – it was even codified by the Universal Declaration of Human Rights, which the U.S. championed 62 years ago.”

“Unfortunately, access to the courts and effective remedy have been severely curtailed over the last decade, especially for those who need it most,” he said. “It is time for our government and judiciary to recommit to respecting and promoting this essential right.”

According to the report, “Slamming the Courthouse Doors”, the “actions of the executive, federal legislative, and judicial branches of the United States government have seriously restricted access to justice for victims of civil liberties and human rights violations, and have limited the availability of effective (or, in some cases, any) remedies for these violations.”

For example, the report details how individuals convicted of capital crimes who seek to present newly found evidence of their innocence or claims of serious constitutional violations are being denied recourse in the courts.

Federal legislation, most prominently the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), and Supreme Court decisions, has greatly limited access to federal review of state court death penalty convictions, the report says. It also charges that victims of rape, assault, religious rights violations and other serious abuses in prison are having their claims thrown out of court because of a restrictive federal law.

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Article by: William Fisher

Photograph by flickr user: Chang’r

© 2010 IPS North America

Prison Is No Place for Persons With Mental Illness

Photo by Bob Jagendorf/flickrTHE PROGRESSIVE – Dec. 10 is international human rights day, and one thing we can do in the United States to honor it is to stop incarcerating persons with disabilities.

I was the young, urban teen ribbed for wearing thick glasses and hearing aids.

I was placed in special education classes.

I fought a lot.

And I ended up in the juvenile justice system, where about 70 percent of us had mental health disorders.

I am now a man with a floating diagnosis of schizophrenia and bi-polarity.

And at age 17, I was sentenced to life in prison and quickly ended up in solitary confinement, a condition that added to my mental suspicions, my fears and my frustration at not being able to hear or see well.

You, as a taxpayer, now pay $30,000 a year for my care.

Early, effective community mental health and diversion programs could have helped me become a non-threatening, productive member of society — and could have saved you a lot of money.

I don’t deny that I should be punished for my crime. I do contend it did not need to happen.

We need to provide access to treatment services for all people.

We need to evaluate disabilities early and help families understand the need to get help for their special-needs children.

We need programs to help these families pay for the treatment and glasses or hearing aids or other adaptations their children need.

We need to step beyond the stigmas of mental illness and disability.

We need better communication among treatment providers, our courts and corrections.

If, as Dostoevsky wrote, “The degree of civilization in a society can be judged by entering its prisons,” then we have a long way to go.

Let us start by acknowledging that incarceration is not the answer for persons with disabilities.

Treatment is a human right for people with disabilities.

On international human rights day, we can at least affirm that.

Written by DarRen Morris

© COPYRIGHT THE PROGRESSIVE MAGAZINE, 2010

Photograph by flickr user: Bob Jagendorf

Article 19 – Communication is Your Right!

MEDIA ROOTS– Every issue around the world can only be truly communicated with unfettered access to media sources. Without an informed citizenry on the issues that impact our lives, there can be no true representation for the people. I believe communication is a human right, which is why I am organizing for a campaign called Communication is Your Right!, an advocacy campaign based on Article 19 of the United Declaration of Human Rights. 

Article 19 of the Universal Declaration of Human Rights reads: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” 

On December 10, 1948 the United Nations adopted The Universal Declaration of Human Rights. Today in 2010, more than 60 years later, entire groups of people still don’t have access to factual news and information in order to better their lives, community and country and make a positive impact in this world.  

I speak with Larry Cox, the executive director of Amnesty International USA about Article 19 and why the human right to communicate is so essential in the fight for human rights.

 

I speak with Denis Moynihan from Democracy Now! about Article 19 and the current media landscape.

 

GLOBALVOICESCommunication is Your Right! recently interviewed Larry Cox, Executive Director of Amnesty International USA, who said that freedom of expression is central to the fight for human rights. “People need to understand that communication is a right, and it’s a right that is not being fulfilled at all,” he said. “That’s what it’s all about, because if people can’t express themselves, they can’t protest any issues that are going on.”

Communication is Your Right! is a platform for media makers, human rights advocates, and citizens around the globe to speak their truths. 

“When people are trying to use power in the wrong way the first people they go after are journalists,” Cox said. More than 267 cases of journalists being threatened, arrested, killed, or disappeared are tracked on Global Voices Project Threatened Voices, which states “Never before have so many bloggers been imprisoned.” These numbers are unacceptable- not only because being able to communicate is vital to changing our lives and community- but because it is a human right.

Article 19 of the Universal Declaration of Human Rights, the human right to communicate, makes threatening and silencing citizens for communicating their thoughts a human rights violation. Article 19 reads, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

On the front page of our site is a petition demanding that the United Nations take the Human Right to Communicate seriously. “With the profound changes happening in the way people connect and share information, now more than ever it’s important to protect that right to connect and share,” explains Matthew Schroyer, a journalist  from www.MentalMunition.com and Communications is Your Right! organizer. “If you can’t protect that right, then you can’t protect a democracy.”

The Communication is Your Right! petition also states that the consolidation of media companies is damaging to universal communication and without stronger UN support global communication rights none of their Millennium Goals will be achieved.

We urge people to exercise their right to communicate with a blog, podcast or video and submit your work to this campaign. We would like citizens around the world to reflect on why they haven’t been heard by their larger community. Does corporate media allow you a platform? How is government control and media policy stifling free speech in your community? These questions need reflection and we must act together to create solutions.

We are building a decentralized campaign of media makers, media reformers and human rights advocates that are working together to network with organizations, speak with our communities, and create media about Article 19. “We need a communication revolution in order to have a human rights revolution,” says Abby Martin, founder of www.MediaRoots.org and Communications is Your Right! organizer.

To join our mission to advocate for people around the world to openly and fully communicate, visit our “Organizing Together” page to learn how to become an organizer and share this campaign’s message.

Written by Abby Martin, Mera Szendro Bok and Matthey Schroyer from www.CommunicationisYourRight.org

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Torture, Secret Wars, U.S. Disdain for Justice & More

photo by jan kromerDemocracy Now! has spent this week examining the revelations behind the first installments of State cables released by WikiLeaks on Sunday. Below is a collection of the outlet’s interviews and broadcasts covering torture, renditions, secret U.S. War Ops in Pakistan, U.S. pressure on other countries to thwart justice, and the most startling leaks that have yet to come.

 

WikiLeaks Reveals U.S. Tried to Thwart Spanish Probes of Gitmo Torture and CIA Renditions

The latest disclosures from the massive trove of diplomatic cables published by WikiLeaks reveal U.S. officials tried to influence Spanish prosecutors and government officials to drop court investigations into torture at Guantánamo Bay and CIA extraordinary rendition flights. We speak to Scott Horton, an attorney specializing in international law and human rights and a contributing editor of Harper’s Magazine.

 

Leaked Cables Reveal U.S. Pressured Spain to Drop Case of Cameraman Killed in 2003 Attack on Journalists in Baghdad

Leaked U.S. embassy cables from Madrid reveal the United States pressured the Spanish government to close a court case brought by the family of a Spanish cameraman, José Couso. Couso was killed in Baghdad when a U.S. Army tank fired on the Palestine Hotel, which was filled with journalists, on April 8, 2003. Three U.S. soldiers have been indicted in Spanish court for Couso’s death. “I am outraged,” says Javier Couso, the brother of José Couso. “I can’t believe my government conspired with a foreign government… It seems we are citizens, or at least a small province, of the empire of the United States.”

 

Jeremy Scahill: WikiLeaks Cables Confirm Secret U.S. War Ops in Pakistan

Despite sustained denials by the Pentagon, the leaked cables from WikiLeaks confirm that U.S. military special operations forces have been secretly working with the Pakistani military to conduct offensive operations and coordinate drone strikes in the areas near the Afghan border. A U.S. embassy cable from October of 2009 states: “These deployments are highly politically sensitive because of widely-held concerns among the public about Pakistani sovereignty and opposition to allowing foreign military forces to operate in any fashion on Pakistani soil.” The cables confirm aspects of a story about the covert U.S. war in Pakistan published in The Nation magazine last year by investigative journalist and Democracy Now! correspondent Jeremy Scahill.

 

“We Have Not Seen Anything Yet”: Guardian Editor Says Most Startling WikiLeaks Cables Still to be Released

In the coming days, we are going to see some quite startling disclosures about Russia, the nature of the Russian state, and about bribery and corruption in other countries, particularly in Central Asia,” says Investigations Executive Editor David Leigh at the Guardian, one of the three newspapers given advanced access to the secret U.S. embassy cables by the whistleblower website, WikiLeaks. “We will see a wrath of disclosures about pretty terrible things going on around the world.” Leigh reviews the major WikiLeaks revelations so far, explains how the 250,000 files were downloaded and given to the newspaper on a thumb drive, and confirms the Guardian gave the files to the New York Times. Additional cables will be disclosed throughout the week.

 

U.N. Special Rapporteur Juan Méndez: Instead of Focusing on Assange, U.S. Should Address WikiLeaks Disclosure of Torture

One of the leaked U.S. State Department cables released by WikiLeaks urges diplomats to gather intelligence about “plans and intentions of member states or U.N. Special Rapporteurs to press for resolutions or investigations into U.S. counter-terrorism strategies and treatment of detainees in Iraq, Afghanistan or Guantanamo.” We speak to Juan Méndez, the new U.N. Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. He has called on the United States to investigate and prosecute torture committed under former President George W. Bush. He also said he hopes to visit Iraq and Guantánamo Bay to probe widespread torture allegations. Méndez says, “We seem to be focusing on whether disclosing [the cables] merits some kinds of action against Julian Assange… I am very concerned about the documents that show that thousands of people first imprisoned by U.S. forces [were] transferred to the control of forces in Iraq and perhaps even in Afghanistan, where they knew they were going to be tortured.”


photograph by Jan Krömer 


Nov 24: ‘National Opt-Out Day’ for Body Scanners

scannerRAW STORY– Pilots, flight attendants are leading public opposition to intrusive new measures. TSA employees have reportedly admitted the pat-downs involving touching of genitals are meant to intimidate people into using body scanners.

As public anger grows over the TSA’s body scanners and intrusive new airport pat-down procedure, a Web site is urging travelers to “opt out” from the body scanners and instead choose to have a pat-down in public view, so that everyone can “see for themselves how the government treats law-abiding citizens.”

OptOutDay.com declares November 24 to be the day when air travelers should refuse to submit to a full body scan and choose the enhanced pat-down — an option many travelers have described as little short of a molestation.

OptOutDay.com declares:

It’s the day ordinary citizens stand up for their rights, stand up for liberty, and protest the federal government’s desire to virtually strip us naked or submit to an “enhanced pat down” that touches people’s breasts and genitals. You should never have to explain to your children, “Remember that no stranger can touch or see your private area, unless it’s a government employee, then it’s OK.”

The goal of National Opt Out Day is to send a message to our lawmakers that we demand change. No naked body scanners, no government-approved groping. We have a right to privacy and buying a plane ticket should not mean that we’re guilty until proven innocent.

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© Raw Story, 2010

Photo by flickr user jervetson