Kimberly Rivera

Last updated

Kimberly Rivera
Nationality American
Known for2007 desertion from military service
Military career
Born1981or1982(age 41–42)
AllegianceFlag of the United States.svg  United States of America
Service/branchFlag of the United States Army.svg  U.S. Army
Years of service2006–07
Rank Private E-1 (No Insignia)(Demoted from PFC)
Battles/wars Iraq War

Kimberly Rivera (born c. 1982 [1] ) is an Iraq War resister and former U.S. Army Private First Class who went AWOL in February 2007 after a year of service. [2] She was the first female U.S. military deserter to flee to Canada. [3] She was deported from Canada on September 20, 2012, and pleaded guilty to desertion, receiving a sentence of ten months' imprisonment and a bad-conduct discharge. Amnesty International objected to her detention and designated her a prisoner of conscience. [4]

Contents

Background and military service

A long-time resident of Mesquite, Texas, Rivera worked at Walmart prior to joining the army, meeting her future husband Mario there. After she and Mario married, they agreed that one of them should join the army for financial reasons, but both were initially too overweight for the army's requirements. Because Rivera shed the weight faster, she enlisted instead of her husband, signing with the U.S. Army in January 2006 for an $8,000 bonus. [5]

She served her first tour of duty in Iraq starting in October of that year and worked primarily as a gate guard. She soon became disillusioned with the mission, later stating that she was particularly influenced by seeing a crying two-year-old Iraqi girl coming with her family to claim compensation for bombing by coalition forces. On another occasion, Rivera claims to have returned to her bunk to find a piece of shrapnel in it. Though she had been initially interested in supporting democracy for the Iraqi people, she stated that she felt she found only "lies" in Iraq and felt betrayed by the U.S. government. [5]

Flight to Canada

While on leave in early 2007, from which she was supposed to return to her deployed unit, she and her husband made contact with the Toronto-based War Resisters Support Campaign, and on February 18, 2007, fled across the border to Canada with their children. [5] Rivera then applied for refugee status. [1]

In January 2009, the Immigration and Refugee Board of Canada ruled that Rivera must leave the country by the end of the month. Immigration Minister Jason Kenney described Rivera and other U.S. military deserters as "bogus claimants" for refugee status, calling them "people who volunteer to serve in the armed forces of a democratic country and simply change their mind to desert. And that's fine, that's the decision they have made, but they are not refugees." [6] MPs of the Liberal and NDP responded that their parties would refuse to deport military deserters if they assumed power, [7] while Lee Zalofsky of the War Resisters Support Campaign stated that Kenney's remark showed the ministry as biased and unwilling to hear cases in a "fair and impartial manner". Rivera appealed the decision. [6]

Deportation, arrest and court-martial

In August 2012, five years after her arrival in Canada, Rivera received another deportation order, ordering her to return to the United States by September 20, 2012. [1] Amnesty International stated that it considered Rivera a conscientious objector and would consider her a prisoner of conscience if she were detained. [8] [9] Upon her return to the U.S., she was arrested and transferred to military custody. [10] [11]

Subsequent to a plea agreement between Rivera and U.S. military authorities, a sentencing hearing was held April 29, 2013, at Fort Carson, Colorado. [12] After pleading guilty, she was sentenced to ten months' imprisonment and given a bad-conduct discharge. [13]

Rivera submitted a request to the convening authority requesting an early release from prison, so that she would be able to stay with her newborn son (born November 25, 2013, at Balboa Naval Medical Center). [14] This request was rejected on November 27. [15] Supporters of Rivera called for an "International Day of Action" on December 1, including demonstrations and vigils outside military installations and US consulates. [16] [17]

Two days after giving birth to her fifth child, Rivera was separated from the child and returned to prison from the hospital to serve the remainder of her sentence.

On 28 November her clemency request for a 45-day reduction of her 10-month sentence was denied by Fort Carson Senior Commander Brigadier General Michael A. Bills.

On 12 December 2013, Kimberly Rivera was released from the Miramar military confinement facility in San Diego, California on the grounds of good behavior and for the performance of extra work duties, including crocheting blankets for wounded veterans. [18]

Family

At the time of Rivera's deportation from Canada, Kimberly and Mario Rivera had four children. [5] Their two eldest children were born in the U.S., and the two youngest in Canada. [19]

Rivera's fifth child, Matthew Kaden, was born on November 25, 2013, while Rivera was in U.S. military confinement. [20]

See also

Related Research Articles

<span class="mw-page-title-main">Ali Hassan al-Majid</span> Iraqi politician and military commander (1941–2010)

Ali Hassan Majid al-Tikriti, nicknamed Chemical Ali, was an Iraqi politician and military commander under Saddam Hussein who served as defence minister, interior minister, and chief of the Iraqi Intelligence Service. He was also the governor of Kuwait during much of the 1990–91 Gulf War.

<span class="mw-page-title-main">Desertion</span> Abandonment of military duty without authorization

Desertion is the abandonment of a military duty or post without permission and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave, which are temporary forms of absence.

Canada did not officially participate in the Vietnam War. However, it contributed to peacekeeping forces in 1973 to help enforce the Paris Peace Accords.

<span class="mw-page-title-main">Abu Ghraib torture and prisoner abuse</span> 2004 American military scandal during the Iraq War

During the early stages of the Iraq War, members of the United States Army and the Central Intelligence Agency committed a series of human rights violations and war crimes against detainees in the Abu Ghraib prison in Iraq, including physical abuse, sexual humiliation, both physical and psychological torture, rape, as well the killing of Manadel al-Jamadi and the desecration of his body. The abuses came to public attention with the publication of photographs of the abuse by CBS News in April 2004. A total of 36 prisoners died in custody. The incidents caused shock and outrage, receiving widespread condemnation within the United States and internationally.

<span class="mw-page-title-main">Jeremy Hinzman</span>

Jeremy Dean Hinzman is an Iraq War resister who was the first American deserter to seek refugee status in Canada.

<span class="mw-page-title-main">Human rights in Western Sahara</span> Contested sovereignty and other issues

The Government of Morocco sees Western Sahara as its Southern Provinces. The Moroccan government considers the Polisario Front as a separatist movement given the alleged Moroccan origins of some of its leaders.

<span class="mw-page-title-main">War Resisters Support Campaign</span>

The War Resisters Support Campaign (WRSC) is a Canadian non-profit community organization, founded in April 2004 in Toronto, Ontario to mobilize support among Canadians and worldwide to convince the Canadian government to offer sanctuary to all U.S. military personnel who wish to come to Canada because of their opposition to the invasion and occupation of Iraq.

Jeffry A. House is a retired lawyer who practiced in Toronto, Ontario, Canada. He is best known for his efforts on behalf and representation of fugitive American soldiers and Indigenous protesters.

Joshua "Josh" Key is a United States Army deserter, who fled while on leave from the Iraq War, and is a current resident of Canada. He is the author, with Lawrence Hill, of The Deserter's Tale, a book chronicling his service in Iraq and his subsequent departure from military life.

Agustín Aguayo is a veteran of the Iraq War. After several failed attempts to attain conscientious objector status, he deserted his unit in Germany in September 2006 to avoid redeployment to Iraq. He was convicted of desertion by a court martial March 6, 2007 and served six months in prison. His trial led Amnesty International to declare him a prisoner of conscience.

Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq War and became the first of those to be deported to the United States after being rejected for refugee status. He was deported from Canada on July 15, 2008.

André Shepherd is a U.S. Army Specialist and deserter who applied for asylum in Germany on November 26, 2008. He is the first Iraq War veteran to pursue refugee status in Europe and only the second U.S. soldier to ever apply for refugee status in Germany.

Anne L. Mactavish is a Canadian jurist who is a judge of the Federal Court of Appeal.

<span class="mw-page-title-main">Iraq War resisters in Canada</span>

During the Iraq War, which began with the 2003 invasion of Iraq, there were United States military personnel who refused to participate, or continue to participate, in that specific war. Their refusal meant that they faced the possibility of punishment in the United States according to Article 85 of the US Uniform Code of Military Justice. For that reason some of them chose to go to Canada as a place of refuge. The choice of these US Iraq War resisters to go to Canada has led to considerable debate in Canada's society, press, legal arenas, and political arenas. Much of the debate on this issue has been due to the controversial nature of the Iraq War itself. Among the many elements of that debate are Canada's relationship to the Iraq War, and Canada's relationship to the US, its largest trading partner.

<span class="mw-page-title-main">War resister</span> Person who resists war

A war resister is a person who resists war. The term can mean several things: resisting participation in all war, or a specific war, either before or after enlisting in, being inducted into, or being conscripted into a military force.

<span class="mw-page-title-main">Chelsea Manning</span> American activist and whistleblower (born 1987)

Chelsea Elizabeth Manning is an American activist and whistleblower. She is a former United States Army soldier who was convicted by court-martial in July 2013 of violations of the Espionage Act and other offenses, after disclosing to WikiLeaks nearly 750,000 classified, or unclassified but sensitive, military and diplomatic documents. She was imprisoned from 2010 until 2017 when her sentence was commuted by President Barack Obama. A trans woman, Manning stated in 2013 that she had a female gender identity since childhood and wanted to be known as Chelsea Manning.

This article lists events involving women in warfare and the military in the United States from 2000 until 2010. For 2011 onward, please see Timeline of women in warfare and the military in the United States from 2011–present.

<span class="mw-page-title-main">Courage to Resist</span> American anti-war organization (e. 2003)

Courage to Resist (CTR) is an organization in the San Francisco, CA area and beyond formed during the early part of the Iraq War which began in 2003. CTR's mission is to support U.S military war resisters, including helping them with legal fees such as well-known resisters Chelsea Manning and Reality Winner. In 2018, CTR began encouraging soldiers to resist at detention camps and other immigrant operations of the U.S. military. CTR's principle slogans are “Supporting the troops who refuse to fight!” and "Towards a World Without War!" They support those “who face consequences for acting on conscience, in opposition to illegal wars, occupations, [and] the policies of empire”.

<span class="mw-page-title-main">Vietnam War resisters in Canada</span>

Vietnam War resisters in Canada were American draft evaders and military deserters who avoided serving in the Vietnam War by seeking political asylum in Canada between 1965 and 1975. Draft avoiders were typically college-educated and middle class Americans who could no longer avoid conscription. Deserters were usually lower-income and working class who had been inducted into the United States Armed Forces right after high school or had later volunteered.

References

  1. 1 2 3 Charmaine Noronha (August 31, 2012). "US Soldier May Appeal Canadian Deportation Order". ABC News. Associated Press. Archived from the original on September 1, 2012. Retrieved September 1, 2012.
  2. ↑ "U.S. war deserter may appeal Canada deportation". CBC News. Associated Press. August 31, 2012. Archived from the original on September 2, 2012. Retrieved September 1, 2012.
  3. ↑ "Canada says first US woman military deserter must be deported". WLS. August 31, 2012. Archived from the original on September 1, 2012. Retrieved September 1, 2012.
  4. ↑ "Canada: US woman possible prisoner of conscience: Kimberly Rivera". Amnesty International. September 13, 2012. Archived from the original on February 21, 2023.
  5. 1 2 3 4 Tamara Jones (December 1, 2008). "Why I went AWOL". Marie Claire. Archived from the original on April 9, 2016. Retrieved September 1, 2012.(subscription required)
  6. 1 2 "Kenney's comments prejudice hearings for war resisters, critics say". CBC News. January 9, 2009. Archived from the original on September 1, 2012. Retrieved September 1, 2012.
  7. ↑ "Liberal-NDP coalition would protect war resisters from deportation: MPs". CBC News. January 21, 2009. Archived from the original on December 12, 2013. Retrieved September 1, 2012.
  8. ↑ Ian Robertson (August 31, 2012). "Ottawa sends U.S. deserter home". Toronto Sun. Archived from the original on March 3, 2016. Retrieved September 1, 2012.
  9. ↑ Gloria Nafziger (September 4, 2012). "Kimberly Rivera ordered to leave Canada". Amnesty International. Archived from the original on September 6, 2012. Retrieved September 5, 2012.
  10. ↑ "US soldier who refused to go back to Iraq arrested on return from Canada". NBC News. September 21, 2012. Archived from the original on October 15, 2012. Retrieved October 8, 2012.
  11. ↑ "US deserter Kimberly Rivera detained at Canada border". BBC News. September 20, 2012. Archived from the original on October 10, 2012. Retrieved October 8, 2012.
  12. ↑ "Kimberly Rivera to be Sentenced on 29 April". Amnesty International. March 12, 2013. Retrieved April 19, 2013.
  13. ↑ "U.S. soldier who fled to Canada to avoid Iraq war gets 10 months in jail". The Globe and Mail. April 29, 2012. Retrieved April 30, 2013. A female soldier in the U.S. Army has pleaded guilty to desertion [...] Monday and was sentenced to 10 months in prison and a bad-conduct discharge.
  14. ↑ "Press Release: Pregnant War Resister seeks early release from military prison- 495 supporters from around the world write letters in support of clemency application". Free Kimberly Rivera. November 5, 2013. Archived from the original on December 3, 2013. Retrieved November 30, 2013.
  15. ↑ "Terrible news – Fort Carson denies clemency for Kimberly Rivera". Free Kimberly Rivera. November 26, 2013. Archived from the original on December 3, 2013. Retrieved November 30, 2013.
  16. ↑ "Update #2 – International Day of Action in Solidarity with Kimberly Rivera". Free Kimberly Rivera. Archived from the original on December 3, 2013. Retrieved November 30, 2013.
  17. ↑ "Supporters challenge Kim Rivera's separation from newborn in Fort Carson protest Sunday". Colorado Springs Gazette. December 2013. Retrieved December 1, 2013.
  18. ↑ "Fort Carson soldier who gave birth while incarcerated released". Colorado Springs Gazette. December 13, 2013. Retrieved December 13, 2013.
  19. ↑ "Canada orders deportation for female US soldier to flee Iraq war posting". The Washington Post. Associated Press. August 30, 2012. Archived from the original on November 10, 2018. Retrieved September 1, 2012.
  20. ↑ "Update: Matthew Rivera has been born". Free Kimberly Rivera. November 26, 2013. Archived from the original on December 3, 2013. Retrieved November 30, 2013.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.