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- <text>
- <title>
- Hawaii United States: Human Rights Watch
- </title>
- <article>
- <hdr>
- Human Rights Watch World Report 1992
- Human Rights Watch: United States
- </hdr>
- <body>
- <p> Human Rights Watch, through its various divisions, increased
- its work on U.S. human rights and humanitarian law violations
- in 1991. Government actions relating to the war in the Persian
- Gulf produced human rights concerns at home and abroad. In
- January and February, the Fund for Free Expression criticized
- the Defense Department's policies restricting news-media
- coverage of the war, and the Federal Bureau of Investigation's
- program of questioning Arab-Americans in the United States. In
- November, Middle East Watch reported on violations of the laws
- of war by both sides to the Persian Gulf War which had resulted
- in needless civilian casualties.
- </p>
- <p> In July, following the videotaped beating of Rodney King by
- officers of the Los Angeles Police Department, Human Rights
- Watch released a report criticizing the federal government for
- its passivity in responding to the problem of police brutality
- in the United States. In November, Human Rights Watch released
- a study of prison conditions in the United States, following an
- Americas Watch newsletter in May on prison conditions in Puerto
- Rico.
- </p>
- <p> The Fund for Free Expression issued a series of reports on
- U.S. free expression issues, including "SLAPP" libel suits used
- to intimidate community and public interest organizations,
- censorship of the student press, and the erosion of the right
- to freedom of expression in decisions of the Supreme Court's
- 1990-91 term. The Fund also criticized the Bush
- Administration's proposal for secret courts to try suspected
- alien "terrorists," comparing it with similar provisions in
- other countries criticized by the State Department in its annual
- human rights report.
- </p>
- <p> The Fund took part in a national coalition to overturn the
- Supreme Court's decision upholding federal regulations that
- barred federally funded family planning clinics from counseling
- clients on the availability of abortion as an option. Helsinki
- Watch and the Fund urged Congress to remove from the
- Immigration and Naturalization Services "lookout list" persons
- who were listed solely because of their political beliefs.
- </p>
- <p>Prison Conditions
- </p>
- <p> In November, after a year-long study entailing visits to
- more than twenty institutions in the United States and Puerto
- Rico, including federal, state and INS institutions, as well as
- jails, Human Rights Watch issued a report entitled Prison
- Conditions in the United States. The report raises numerous
- concerns about the human rights aspects of incarceration in the
- United States and about the difficulties in securing access to
- prisons.
- </p>
- <p> One of the most troubling aspects of the human rights
- situation in U.S. prisons is the use of super-maximum-security
- facilities (called "maxi-maxis" in prison jargon) to confine
- inmates deemed especially dangerous. Conditions in these
- facilities are particularly difficult to bear and often fall
- below the minimum standards established by the U.N. Standard
- Minimum Rules for the Treatment of Prisoners. In addition to
- the federal system, currently thirty-six states have such
- facilities. Inmates confined to maxi-maxis are essentially
- sentenced twice: once by the court, to a certain period of
- imprisonment, and the second time by the prison administration,
- to confinement in maxi-maxis. This second sentencing is open-ended, limited only by the overall length of an inmate's
- sentence, and is meted out without the benefit of counsel.
- </p>
- <p> Among the violations of the U.N. minimum standards observed
- by Human Rights Watch in the course of researching the report
- were:
- </p>
- <p>-- Uninterrupted extended confinement in windowless, badly
- ventilated cells, such as in the Q-Wing of the Florida State
- Prison at Starke.
- </p>
- <p>-- Lack of access to educational programs, as in the
- elimination in 1991 of all teaching and counseling staff
- positions at the prison in Southport, New York.
- </p>
- <p>-- Denial or sharp reduction of time outdoors, in violation of
- the U.N. Standard Minimum Rules which mandate at least one hour a
- day of outdoor exercise.
- </p>
- <p>-- The use of handcuffs as a disciplinary measure, as seen in
- the Broward institution for women in Florida.
- </p>
- <p>-- The use of collective punishment at the Krome INS detention
- center in Florida and the Otis Bantum Center on Rikers Island
- in New York.
- </p>
- <p> Human Rights Watch made the following recommendations
- regarding the human rights aspects of imprisonment in the
- United States:
- </p>
- <p>-- Maximum-maximum security facilities should be used only
- under supervision that is independent from correctional
- administration. Even then, they must meet the test of the U.N.
- Standard Minimum Rules for the Treatment of Prisoners.
- </p>
- <p>-- In jails, classification and record keeping must be
- improved, to avoid situations in which nonviolent offenders are
- housed with dangerous and predatory criminals. Limits should be
- imposed on the duration of a sentence that may be served in a
- jail. In no case should the limit be longer than one year.
- </p>
- <p>-- Denial of access to reading matter should never be used as
- a disciplinary measure.
- </p>
- <p>-- Steps should be taken to assure work for all inmates capable
- of working.
- </p>
- <p>-- Prison officials should make every effort to confine inmates
- as close to their home as possible so as to facilitate the
- maintenance of family bonds.
- </p>
- <p>-- All inmates should have access to telephones.
- </p>
- <p>-- Prisons should encourage access for inmates' relatives or
- friends, since maintaining these bonds gives inmates a better
- chance of staying out of trouble upon their release.
- </p>
- <p>-- The trend in the federal system of granting a diminishing
- number of furloughs to inmates of minimum security facilities
- should be reversed, and the granting of furloughs to nonviolent
- inmates, particularly those serving sentences far from home,
- should be liberalized.
- </p>
- <p>-- In circumstances in which security considerations make it
- impossible to provide inmates with privacy, guards of the same
- sex should be used.
- </p>
- <p>-- A review of the cases of Cuban inmates in legal limbo all
- over the country should be undertaken immediately. No inmate
- should be left in prison without knowing the duration of his or
- her sentence.
- </p>
- <p>-- Incarceration of noncriminal illegal aliens should stop
- immediately.
- </p>
- <p>-- Outside observers should have access to prisons, since
- access by outside observers is an important way of preventing
- abuses in prisons.
- </p>
- <p> In May, Americas Watch released a newsletter on prison
- conditions in the U.S. Commonwealth of Puerto Rico. The paper
- found that poor prison conditions stemmed from an overall
- abdication of authority by prison administrators, that women
- are singled out for contraband searches, and that the transfer
- of inmates to prisons in the mainland United States has a
- detrimental effect on an inmate's bond with relatives and is
- often used as a disciplinary measure. A version of this paper
- was presented at a conference on prison conditions in the
- Caribbean held in May in Trinidad.
- </p>
- <p>Police Brutality
- </p>
- <p> The brutal and unprovoked beating--fortuitously videotaped
- by a bystander--by Los Angeles police officers of motorist
- Rodney King focused world attention on police practices in the
- United States. In the wake of this event, Human Rights Watch
- issued a report on an undercovered aspect of the issue--the
- passivity of the federal government in combating such abuse.
- The report, issued in July, found that "violations of human
- rights by local police has become a sort of fault-line in United
- States legal-political life, causing occasional political
- earthquakes...yet the federal government has never created
- effective means of monitoring, much less controlling, abuses."
- </p>
- <p> Human Rights Watch argued that this "hands-off" approach
- treating police brutality as a "local" issue--amounts to an
- abdication of the federal duty to guarantee respect for basic
- human and constitutional rights. This stands in sharp contrast
- to the federal government's active intervention, over the past
- forty years, in combating other violations of civil rights
- enshrined in the U.S. Constitution and international human
- rights law, in such areas as employment, housing and voting
- discrimination.
- </p>
- <p> The elements of the passive federal role detailed in the
- report include:
- </p>
- <p>-- extremely narrow federal criminal jurisdiction to prosecute
- abusive police officials.
- </p>
- <p>-- the lack of a recognized right for the Justice Department to
- seek injunctive remedies against systematically abusive police
- departments.
- </p>
- <p>-- a failure by the federal government, including the Justice
- Department, to collect pertinent data on the scope and
- dimensions of the problem.
- </p>
- <p>-- a passive Justice Department role in developing standards of
- command and accountability that would foster respect for human
- rights.
- </p>
- <p>-- an unwillingness to use such means as the withholding of
- federal funds as a tool to deter systematic abuse by police
- departments.
- </p>
- <p> The report recommends that steps be taken in each of these
- areas so that the federal government, particularly the Justice
- Department, can live up to its duty to enforce respect for the
- right to be free of violent police abuse.
- </p>
- <p>The Air War in Iraq
- </p>
- <p> In November, Middle East Watch issued a report examining the
- conduct of both sides to the air war in the Persian Gulf,
- including an extensive analysis of the U.S.-led military
- coalition's air campaign against Iraq. The report, Needless
- Deaths in the Gulf War: Civilian Casualties During the Air
- Campaign and Violations of the Laws of War, was prepared as a
- contribution to the public debate about the conduct of the war
- and as an effort to draw attention to violations and possible
- violations of humanitarian law. It draws conclusions, and also
- requests additional information from the U.S. Defense
- Department and other allied military commands. It is hoped that
- the information and analysis in the report will be used by the
- Pentagon to conduct a more thorough examination of its
- compliance with the rules of law than reflected in its
- preliminary report about the war submitted to Congress on July
- 16, 1991. A final report is due to Congress no later than
- January 15, 1992. Both reports were mandated by legislation.
- </p>
- <p> Throughout the Gulf War, Pentagon and allied commanders
- repeatedly stressed that all feasible precautions were being
- taken to avoid harm to civilians, as required by the laws of
- war. Following the war, Pentagon officials suggested that
- whatever civilian deaths did occur were the product of
- inevitable errors rather than any substandard conduct on the
- part of allied forces. The Middle East Watch report challenges
- this carefully constructed image of a near-flawless allied
- campaign. Through interviews conducted during the war with
- scores of Iraqi residents of various nationalities who had fled
- the aerial bombardment for the safety of Jordan, and through
- subsequent research, the report provides a detailed picture of
- the allied bombardment as it affected Iraqi civilians.
- </p>
- <p> The conduct of the campaign was evaluated under the laws of
- war, primarily the standards set forth in the First Additional
- Protocol of 1977 to the 1949 Geneva Conventions (Protocol I).
- Although the United States has not ratified Protocol I, most of
- the standards relied on by Middle East Watch to evaluate allied
- conduct have been declared by the State Department to be
- binding on all nations as a matter of customary international
- law. The Pentagon also has largely incorporated these standards
- into the Air Force manual.
- </p>
- <p> The allies' overwhelming air superiority and their precision
- weaponry provided an exceptional opportunity to conduct the
- bombing campaign in strict compliance with legal requirements.
- Although in many if not most respects the bombing campaign was
- consistent with the requirements of the laws of war, Middle
- East Watch concluded that the allies violated these laws in
- several respects, both in the selection of targets and in the
- choice of the means and methods of attack. These violation
- appear not to have been the product of unavoidable
- miscalculation but a result of deliberate allied decisions to
- take less than the maximum feasible precautions to avoid
- civilian casualties required by the laws of war.
- </p>
- <p> Middle East Watch found that allies committed the following
- violations of the laws of armed conflict in the choice of the
- means and methods of attack:
- </p>
- <p>-- The customary legal requirement codified in Article 57 of
- Protocol I requires parties to a conflict to take all feasible
- precautions to avoid civilian casualties. One obvious way to
- fulfill this requirement is by adjusting the time of attack to
- minimize the risk of civilians being present. Attacks on
- military targets in urban areas where many civilians can be
- expected to be found during the day should be conducted at
- night. However, in several attacks in urban areas--in
- Nasiriyya, Falluja, Samawa and Hilla--allied planes dropped
- their bombs during the day, needlessly killing hundreds.
- </p>
- <p>-- The allies appear not to have made full use of precision-guided weapons to minimize civilian casualties in urban areas.
- These "smart" weapons, according to the Pentagon, had an
- accuracy rate of ninety percent, while "dumb" bombs were said
- to have hit their targets only twenty-five percent of the time.
- Although the allies during the war fostered the impression that
- only precision weapons were used in urban areas, the Pentagon
- has since revealed that smart weapons accounted for a mere 8.8
- percent of the munitions used. Moreover, some of these
- precision weapons were used not in urban areas but against
- hardened targets in the Kuwaiti military theater. The Pentagon
- and its allies have remained largely silent about where they
- dropped the dumb bombs that made up the remaining 91.2 percent
- of the munitions used. For example, while downtown Baghdad,
- where a small international press corps was present, was said
- to have been attacked with only precision weapons, Middle East
- Watch found that Basra and other cities in southern Iraq, which
- were largely closed to foreign journalists, appear to have
- suffered considerable damage to civilian structures, suggesting
- use of less advanced bombs in allied raids.
- </p>
- <p>-- Middle East Watch found that under the laws of war, the
- United States should have issued a warning before attacking the
- Ameriyya air raid shelter in Baghdad. Failure to do so resulted
- in the loss of two to three hundred civilian lives. Quite apart
- from the evidence cited by the Pentagon to suggest that the
- facility was being used for military purposes, the Pentagon has
- conceded that it knew the facility had been used as a civilian
- air raid shelter during the Iran-Iraq war. Article 65 of
- Protocol I provides that even if a civil defense structure is
- used for military purposes, it cannot be attacked until a
- warning is issued and a reasonable amount of time is given for
- civilians to respond. Although the United States has not stated
- one way or the other whether it considers Article 65 to be
- binding as a matter of customary international law, the rule is a
- fair interpretation of the general duty, codified in Article 57
- of Protocol I, to give "effective advance warning" of attacks
- that may affect the civilian population, which the United
- States recognizes as customary law.
- </p>
- <p> Middle East Watch also found that the allies violated the
- laws of war in the selection of targets, in the following
- respects:
- </p>
- <p>-- Allied bombers hit a number of food, agricultural and water-treatment facilities, including four government food warehouses
- in Diwaniyya, a new dairy factory north of Basra, flour-milling
- and grain-storage warehouses, and several water-treatment
- facilities in Basra. Under the customary rules of war, as
- reflected in Article 52 of Protocol I, these appear not to have
- been legitimate military targets because they were making no
- known contribution to the Iraqi military effort. With food
- shortages prevalent because of the U.N.-imposed embargo, these
- attacks also violated the customary principle set forth in
- Article 54 of Protocol I prohibiting starvation as a means of
- warfare.
- </p>
- <p>-- Although the crippling of Iraq's electrical system impeded
- the Iraqi military's ability to communicate and to produce war-related goods, it also had a severe cost to the civilian
- population. Shortages of food due to the U.N. embargo were
- exacerbated by the lack of refrigeration, the impairment of
- Iraq's highly mechanized, irrigation-based agriculture, the
- crippling of the nation's electricity-dependent water-purification and sewage-treatment facilities, and the
- handicapping of Iraqi hospitals and clinics. The customary-law
- principle codified in Articles 51 and 57 of Protocol I
- prohibits attacks when the civilian costs are "excessive" in
- relation to the "concrete and direct military advantage
- anticipated." Allied commanders have failed to explain why such
- massive destruction of the electrical system, with its attendant
- severe dislocation for the civilian population, was not
- excessive under the terms of Article 57. One reason for the
- failure may be reflected in comments made by Pentagon officials
- since the war ended. They suggested that the extent of the
- destruction of the electrical system may not have been to
- achieve a "concrete and direct military advantage" but to
- demoralize the Iraqi civilian population and encourage it to
- rise up against Saddam Hussein. Whether or not one shares the
- goal of overthrowing the Iraqi government, the targeting of
- civilians to achieve political or military ends--be it to
- weaken civilian morale or to induce the civilian population to
- overthrow its leadership--clearly violates the customary-law
- duty to distinguish between military targets and the civilian
- population, as codified in Article 51 of Protocol I, and thus
- undermines the principle of civilian immunity that is at the
- heart of the laws of war.
- </p>
- <p>-- Middle East Watch took testimony from witnesses to repeated
- incidents in which civilian vehicles, including fully occupied
- passenger buses, were attacked on Iraqi highways, primarily in
- western Iraq, during the allied effort to locate and destroy
- Iraqi mobile missile launchers. Even if it is assumed that the
- allies did not deliberately target these civilian vehicles, the
- attacks appear to have been indiscriminate in that they failed
- to distinguish between military and civilian vehicles traveling
- on the highway, as required by the customary-law principle set
- forth in Article 48 of Protocol I. Many of the vehicles hit
- were Jordanian civilian oil tankers. When Jordan publicly
- protested these attacks, the Pentagon issued public statements
- stating that civilian tankers were not being targeted and
- suggesting that its pilots were able to distinguish these
- tankers from military targets. Yet tanker drivers who relied on
- these assurances continued to be attacked, at times by
- low-flying aircraft, suggesting either that pilots did not
- discriminate between civilian and military targets on the
- highways or that their senior commanders were deceptive about
- the pilots' ability to make such distinctions.
- </p>
- <p>-- A similar lack of discrimination characterized several
- allied attacks on Bedouin tents in western Iraq, leaving at
- least forty-six civilians dead. Bedouin tents, as objects
- "normally dedicated to civilian purposes," are presumed to be
- illegitimate targets under the customary-law principle affirmed
- in Article 52 of Protocol I. The presumption requires that in
- case of doubt about whether an object is a military target
- pilots should refrain from attack. Pilots firing on these long
- black tents may have thought that they concealed Iraqi missiles
- or war-related materiel, but given the tents' distance from
- highways (mobile missile launchers are large and presumably
- would have had considerable difficulty traversing one hundred
- kilometers of undeveloped desert) and the signs of civilian life
- surrounding the tents, pilots appear not to have done
- "everything feasible" to verify that the tents were not civilian
- objects, as required by the customary-law principle restated in
- Article 57 of Protocol I.
- </p>
- <p> Needless Deaths in the Gulf War also contains extensive,
- detailed testimony about the loss of civilian life as a result
- of the allied bombing campaign, including numerous accounts of
- bombs and missiles that fell wide of their targets, most often
- bridges and telecommunications towers, by two or three hundred
- meters or more, resulting in civilian casualties. The report
- faults the allies for their apparently deliberate silence
- regarding the extent of civilian casualties in Iraq
- attributable to allied bombing. The allies maintained this
- silence despite substantial evidence indicating that they had
- the technological capacity to make detailed bomb-damage
- assessments when it was politically advantageous to do so. The
- report notes that the Iraqi government has also been
- inconsistent in its release of information on the number of
- civilian casualties, with figures varying according to whether
- it seemed desirable at the moment to inflate or deflate the loss
- of civilian life. The report concludes that the total number of
- civilians killed directly by allied attacks did not exceed
- several thousand with an upper limit of perhaps between 2,500
- and 3,000 Iraqi dead. These figures do not include the
- substantially larger number of deaths that can be attributed to
- malnutrition, disease and lack of medical care caused by a
- combination of the U.N.-mandated embargo and the allies'
- destruction of Iraq's electrical system with its severe delayed
- effects.
- </p>
- <p>Freedom of Expression and the Gulf War
- </p>
- <p> Operation Desert Storm was characterized by an unprecedented
- institutionalization of curbs on the right of the news media to
- cover military operations. Reporters were required to travel in
- "pools" accompanied by military escorts, and to submit all
- dispatches for advance review by a military censor. In apparent
- deference to Saudi Arabia, the staging ground for allied
- operations, the Defense Department censored publications sent
- to U.S. troops in the Gulf, imposed restrictions on what they
- may say or write about a variety of topics, and impeded their
- freedom to engage in Jewish and Christian worship.
- </p>
- <p> On January 10, the Fund for Free Expression, joined by six
- other U.S. anti-censorship organizations, wrote to Defense
- Secretary Richard Cheney to express opposition to the new
- rules, arguing that no case had been made for the imposition of
- more onerous restrictions on press coverage than were in place
- during the entire Vietnam War, when reporters could travel
- freely on their own and file reports without submitting them to
- military censors. The letter asserted that "it is precisely in
- times of national crisis such as war that the freedom of the
- press and the public's right to know, on which our
- constitutional system of self-government depends, becomes most
- vital." No reply was ever received. The Fund also participated
- as amicus curiae in The Nation Magazine v. U.S. Department of
- Defense, a challenge to the constitutionality of the rules.
- </p>
- <p> Shortly before the onset of the war, the Federal Bureau of
- Investigation (FBI) began to interview Arab-American
- individuals and organizational officials, ostensibly to gather
- information about possible terrorist activity in the United
- States. These interviews were widely criticized by Arab-American
- groups and by civil rights and liberties organizations,
- including the Fund for Free Expression, which in a January 15
- letter to Attorney General Richard Thornburgh argued that "such
- an approach presumes the disloyalty of millions of
- Arab-Americans and persons of Arab origin lawfully residing in
- the United States, and has a chilling effect on their rights to
- take part in the public debate over the appropriateness of U.S.
- actions in the Persian Gulf."
- </p>
- <p> On January 28, less than two weeks after the start of the
- war, the Fund for Free Expression issued a newsletter, "Freedom
- of Expression and the War," analyzing the Pentagon's press
- restrictions, its policies affecting speech and expression by
- military personnel, and the FBI's questioning of
- Arab-Americans. On February 27, the Fund issued a supplement,
- "Managed News, Stifled Views." Among the abuses documented by
- the Fund newsletters were the detention at gunpoint of reporters
- who attempted to leave official press pools, excessive delays
- in approving material that was submitted for prior security
- review, and excision of material that was deemed embarrassing
- to the military.
- </p>
- <p>Border Patrol Abuses
- </p>
- <p> Americas Watch and Helsinki Watch are jointly undertaking an
- investigation of human rights abuses by the Immigration and
- Naturalization Service (INS) along the U.S.-Mexican border. The
- report, due for release in early 1992, will address lethal and
- nonlethal shootings; torture; assaults, including one incident
- in 1988 in which a Border Patrol agent threw a seventeen-year-old boy to the ground causing fatal injuries; and other serious
- abuses by Border Patrol agents. It will also examine conditions
- in INS detention facilities and due process violations during
- INS proceedings and workplace raids. One section will be
- devoted to the treatment of children and youth.
- </p>
- <p> One of the most serious problems identified is the failure
- of the INS or any other government agency to investigate
- complaints adequately or to prosecute human rights abuses
- committed by INS agents. For example, the agent involved in the
- homicide of the seventeen-year-old boy previously had been
- involved in violent incidents but had not been penalized. In
- 1983, he killed a Mexican national under circumstances that
- caused the California Highway Patrol to make a prima facie
- finding of misdemeanor vehicular manslaughter, but was never
- prosecuted. Following the boy's death, the agent was transferred
- out of the state and promoted to a position involving the
- training of junior officers.
- </p>
- <p> The report will examine criminal penalties and civil
- remedies available under federal and state law and will
- recommend steps to ensure that individual INS agents and the
- agency as a whole are held accountable for human rights abuses.
- </p>
- <p>The International Covenant on Civil and Political Rights
- </p>
- <p> In the fall, President Bush submitted the International
- Covenant on Civil and Political Rights, together with a series
- of reservations, declarations or understandings, to the Senate
- Foreign Relations Committee for advice and consent to
- ratification. The Foreign Relations Committee promptly held
- hearings on ratification of the treaty, which has languished in
- the Senate since it was first submitted by President Carter in
- 1977.
- </p>
- <p> While Human Rights Watch supports immediate ratification, we
- object to many of the limiting provisions proposed by the
- Administration. The only reservation that we endorse would
- preserve the First Amendment right to freedom of speech, which
- provides U.S. citizens with broader protections than those in
- the treaty.
- </p>
- <p> Our objections to the other proposed limiting provisions
- fall into three categories. First, while most of the civil and
- political rights protected by the Covenant are also protected
- by U.S. law, there are areas in which U.S. law is weaker than
- the treaty. In these areas, which include the death penalty for
- persons who committed crimes before reaching age eighteen, and
- several procedural protections for detained juveniles and
- adults, the United States seeks to maintain its lower standards
- rather than to raise U.S. protections to the international
- level.
- </p>
- <p> This same unwillingness to reform U.S. law when it is weaker
- than the protections set forth in the Covenant also is
- reflected in the Administration's understanding on federalism.
- This understanding seeks to limit federal responsibility for
- the conduct of state and local governments. Instead, federal
- oversight of these governmental agencies should be heightened
- both to ensure full protection within the United States and to
- prevent other nations with federal forms of government from
- using the U.S. understanding as an excuse for not adequately
- monitoring and sanctioning their own state and local abuses.
- </p>
- <p> Second, the package of reservations, declarations and
- understandings demonstrates the Administration's reluctance to
- allow international law to be used by U.S. courts to interpret
- U.S. constitutional and statutory law. This reluctance is most
- clearly expressed in the Administration's proposed reservation
- limiting the meaning of cruel, inhuman or degrading treatment
- or punishment to that already prohibited by the Fifth, Eighth
- and Fourteenth Amendments to the U.S. Constitution. This
- reservation would impede U.S. courts from benefiting from the
- wisdom of courts in other countries and international tribunals
- that are called upon to interpret the meaning of similar
- prohibitions, and would deprive Americans of the benefits of
- evolving international understandings of such prohibitions.
- </p>
- <p> Finally, the Administration's proposal that the normative
- provisions of the treaty be declared non-self-executing is
- objectionable. This proposed declaration seeks to deny domestic
- legal remedies to individuals who seek relief for violations of
- the treaty in U.S. courts. The terms of the Civil and Political
- Covenant are specific and could be enforced by a court of law.
- There is no reason for the executive branch to fear that U.S.
- courts will apply the human rights norms guaranteed by the
- treaty in a less fair way than they apply any other U.S. law.
- Adoption of this declaration would deprive U.S. courts of an
- important role in ensuring U.S. compliance with the treaty. It
- would deprive Americans of an avenue of redress for serious
- violations of internationally recognized human rights. And it
- would signal to other countries that U.S. ratification of the
- treaty is for foreign policy purposes only and is not intended
- to strengthen the human rights protections offered to its own
- people.
- </p>
- <p>Participation in U.S. Civil Rights Litigation
- </p>
- <p> To bring its international human rights perspective to bear
- on civil rights and civil liberties problems in the United
- States, Human Rights Watch participated in a number of amicus
- curiae briefs filed in U.S. courts, including:
- </p>
- <p>-- Hudson v. McMillian. This case, which was heard by the U.S.
- Supreme Court on November 13 and is expected to be decided in
- 1992, concerns the right to be free of violent physical abuse
- by government officials. The court of appeals had held that
- Eighth Amendment guarantees against cruel and unusual punishment
- were not violated by the behavior of prison guards who shackled
- an inmate by the wrists and ankles, held him from behind, hit
- him repeatedly in the face--loosening his teeth, breaking his
- dental plate and splitting his lip--and kicking him in the
- buttocks, because no "significant injury" resulted. A Human
- Rights Watch amicus brief outlined international conventions
- and agreements under which such official abuse would be
- considered cruel and unusual punishment, and listed occasions
- in which the U.S. State Department, as part of its annual review
- of the human rights practices of other countries, has condemned
- similar conduct by custodial officials abroad.
- </p>
- <p>-- U.S. Department of State v. Ray. A Human Rights Watch amicus
- brief filed in the U.S. Supreme Court with the Haitian Refugee
- Center and other organizations argued for access under the
- Freedom of Information Act to the names of Haitian citizens
- interviewed by the State Department in the course of monitoring
- the Haitian government's compliance with its pledge not to
- persecute persons returned by the United States to Haiti. The
- Court rejected this position in a decision on December 16.
- </p>
- <p>-- U.S. v. Alvarez Machain. In a brief filed in the U.S. Court
- of Appeals for the Ninth Circuit, Human Rights Watch argued
- that customary international human rights law was violated by
- U.S. agents who kidnapped a foreign national to bring him to
- trial in the United States on charges of murder and torture of
- a U.S. drug enforcement agent. In October the Ninth Circuit
- ordered that Alvarez Machain be repatriated.
- </p>
- <p>-- Trajano v. Marcos. Human Rights Watch filed a brief in the
- District of Hawaii opposing an effort to curtail suits for
- human rights abuse under the federal Alien Tort Claims Act. The
- suit is described at greater length in the chapter on the
- California Committee and the Los Angeles office.
- </p>
- <p>The Right to Monitor
- </p>
- <p> The United States has numerous independent, non-governmental
- organizations that monitor human rights and civil liberties and
- work to combat abuses. They include the American Civil
- Liberties Union (ACLU), which has a broad mandate to deal with
- violations of the Bill of Rights, and groups that have a more
- specific focus, such as the NAACP Legal Defense Fund and the NOW
- Legal Defense Fund. In the past these groups have relied heavily
- on federal court litigation to redress abuses of rights, but
- with the Supreme Court increasingly unreceptive to civil rights
- and liberties claims, they have relied more heavily on state
- courts and on legislative and public education campaigns. At
- various points in the recent history of the United States,
- domestic human rights monitoring organizations have been
- subjected to surveillance and other forms of harassment (for
- example, the FBI kept files on the ACLU from the early 1920s
- through the early 1970s), but there has been no recent
- indication that this remains the case. In the 1988 presidential
- election, then Vice President George Bush attacked his opponent,
- Michael Dukakis, for his membership in the ACLU, echoing the
- 1986 charge by then-Attorney General Edwin Meese that the ACLU
- was a "criminals' lobby." While these verbal attacks reflected
- a lack of receptivity to rights advocacy, they were not
- accompanied by any formal restrictions on human rights monitors
- or advocacy.
- </p>
- </body>
- </article>
- </text>
-