Criminology and penology |
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Throughout its history and into the present, the United States has held political prisoners, people whose detention is based substantially on political motives.
Prominent U.S. political prisoners have included anti-war socialists, civil rights movement activists, conscientious objectors, and War on Terrorism detainees.
"Political prisoner" is an inherently vague term which is most commonly applied to people persecuted for their political beliefs or for their "threat" to the government. [1]
Imprisonment for mere expression of political beliefs is rare in the modern United States, because free speech and free expression are well-established in law. [2] This was not always the case. For example, the Smith Act (1940) allowed trial and imprisonment of dozens of Communist Party USA leaders for advocating the overthrow of the United States government. This prosecution was only halted by Yates v. United States (1957). However, several human rights groups, such as Amnesty International, have pointed to repeated examples of US federal and state governments targeting people affiliated with dissident movements for "neutralization" by applying much harsher sentences for real or "framed" crimes, such as during COINTELPRO.
The U.S. has recognized conscientious objection to military service since its founding. [3] However, the U.S. only recognizes blanket objection to all wars, and does not recognize stronger forms of the "right to refuse to kill", such as opposition to specific wars. [4] Many prisoners have been objectors to specific wars (such as World War I, the Vietnam War, the Gulf War, or Iraq War).
There are no systematic estimates of the present or past scope of political prisoners in the United States. The number of political prisoners cannot be precisely determined. [6] However, Jane Taubner wrote in 1992 that "most of the individuals and organizations investigating the existence of political prisoners in the United States agree that there are a minimum of over 100 political prisoners in America". [6]
During a July 1978 interview with French newspaper Le Matin de Paris , Ambassador to the United Nations Andrew Young caused controversy when he said: "We still have hundreds of people that I would categorize as political prisoners in our prisons. Maybe even thousands, depending on how you categorize them." [7] [8]
In 1988, Peggy Halsey, a senior member of the United Methodist Church General Board of Global Ministries, [a] wrote about inmates of the High Security Unit in FMC Lexington and claimed that "over 100 other inmates are recognized as political prisoners by their respective movements for social change". [6] [9]
In 1990, various left-wing groups supported the Freedom Now! coalition [b] and organized a "Special International Tribunal" (or "1990 Tribunal") [c] on political prisoners in the US. The 1990 tribunal was inspired by the 1951 We Charge Genocide petition and modeled on the 1966 Russell Tribunal on Vietnam. [5] Freedom Now! alleged that there are "more than 100 people locked up in U.S. prisons because of their political actions or beliefs". [6] [10] The 1990 Tribunal reached the verdict that political people "have been subjected to disproportionately lengthy prison sentences and to torture, cruel, inhumane and degrading treatment within the U.S. prison system." [11]
Left-wing groups have often argued that mass incarceration in the United States itself represents a form of political imprisonment, given that the "convict class" overwhelmingly come from working class and other marginalized backgrounds. This view was especially popular in some radical prison populations in the 1970's. [12] : 152
The concepts of "political prisoner" and "prisoner of conscience" were underdeveloped until the post-World War II era, which saw the creation of intergovernmental and international human rights groups like the United Nations Commission on Human Rights (1946) and Amnesty International (1961). The prisoners below were arrested before or during this era:
Amnesty International is an INGO founded to oppose violations of human rights. Amnesty International has named the following people and groups as prisoners of conscience or political prisoners in the United States:
Amnesty International has identified multiple American conscientious objectors to the Iraq War who have either been imprisoned or are seeking refuge, notably in Canada, for their resistance. These individuals include:
Amnesty International has highlighted the following people and groups as recipients of extensive inhumane treatment and/or wrongful or "framed" convictions, who may be considered political prisoners:
The Working Group on Arbitrary Detention (WAGD) is a United Nations body which examines alleged cases of arbitrary imprisonment. Arbitrary imprisonment is substantially broader than political imprisonment, as it also includes all cases where non-arbitrary legal processes failed for non-political reasons. The WAGD has considered the detention of the following individuals to be arbitrary on multiple categories:
Because the term "political prisoner" is vague, there is disagreement on who should be included by that term. [1] The people below prominently described themselves (or were described by other prominent people) as political prisoners:
A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention.
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience. In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service.
Turkmenistan's human rights record has been heavily criticized by various countries and scholars worldwide. Standards in education and health declined markedly during the rule of President Saparmurat Niyazov.
Camilo Ernesto Mejía is a Nicaraguan who left the United States Army during the Iraq War on conscientious objector grounds, was convicted of desertion and went on to become an anti-war activist.
Cheam Channy was a Cambodian politician and member of parliament for the opposition Sam Rainsy Party (SRP). He was elected as a representative for Battambang Province in the 1998 National Elections, then again for Kompong Cham province in 2003.
G-15 is a name given to a group in Eritrea that opposes the policy of President Isaias Afewerki postponing elections and the failure in implementing the constitution. The membership of this group consists of former members of the President's ruling People's Front for Democracy and Justice (PFDJ) which has ruled the country since its independence in 1993. In May 2001 the group issued an open letter raising criticism against Isayas Afeworki's actions calling them "illegal and unconstitutional."
Human rights in Syria are effectively non-existent. The country's human rights record is considered one of the worst in the world. As a result, Syria has been globally condemned by prominent international organizations, including the United Nations, Human rights Watch, Amnesty International, and the European Union. Civil liberties, political rights, freedom of speech and assembly are severely restricted under the Ba'athist government of Bashar al-Assad, which is regarded as "one of the world's most repressive regimes". The 50th edition of Freedom in the World, the annual report published by Freedom House since 1973, designates Syria as "Worst of the Worst" among the "Not Free" countries. The report lists Syria as one of the two countries to get the lowest possible score (1/100).
Human rights in Greece are observed by various organizations. The country is a signatory to the European Convention on Human Rights, the Geneva Convention relating to the Status of Refugees and the United Nations Convention Against Torture. The Greek constitution also guarantees fundamental human rights to all Greek citizens.
Mehmet Tarhan is a Kurdish conscientious objector who was imprisoned for refusing military service. Tarhan had been sentenced to four years in a military prison for disobedience after refusing to wear a military uniform, a sentence that is evidently the longest ever given for such an offense in Turkey. He was released in March 2006 after spending several months in prison. As of 2014, he is a member of the party assembly of the Peoples' Democratic Party and a member of the executive committee of its consultative body Peoples' Democratic Congress.
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.
Halil Savda is a Turkish conscientious objector who has been subjected to continued arrest and conviction for his refusal to serve mandatory military service – in violation of Turkish law.
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.
Kamal al-Labwani is a Syrian doctor and artist, He was released from Adra Prison, near Damascus on November 15, 2011, according to state media. Before his release, Amnesty International called him a prisoner of conscience.
İnan Süver is a Turkish conscientious objector who served a prison term for desertion from the Turkish Armed Forces.
Jesús Joel Díaz Hernández is a Cuban journalist who was imprisoned by the Cuban government from 1999–2001. His imprisonment attracted protest from several human rights organizations, including Amnesty International, which named him a prisoner of conscience.
The Baháʼí 7, also known as the "Yaran" (friends), were seven Iranian Baháʼí community leaders arrested in 2008 who served 10-year prison sentences in Iran. The seven prisoners of conscience were Mahvash Sabet, Fariba Kamalabadi, Jamaloddin Khanjani, Afif Naeimi, Saeid Rezaie, Behrouz Tavakkoli, and Vahid Tizfahm.
The Insubordinate movement was a mass antimilitarist movement of civil disobedience to compulsory military service in Spain, the movement lasting from the early 1970s until the abolition of conscription on 31 December 2001.
Nguyễn Đặng Minh Mẫn is a human rights activist. Seeing the social inequities in Vietnam, she became a freelance photojournalist and posted photographs online as an alternative news source to state-controlled media.
Political prisoners in Poland and Polish territories have existed throughout much of the 19th and 20th centuries. In the 19th century, some Polish political prisoners started using their situation of imprisonment to act politically. This phenomenon became visible as early as in the aftermath of the Greater Poland Uprising of 1848.
A government may regard a person as a threat to its security and detain him under a law that has nothing to do with security, such as income tax laws, or immigration laws. United States former Attorney General Richard Kleindienst has said: "There is enough play at the joints of our existing criminal law-enough flexibility-so that if we really felt that we had to pick up the leaders of a violent uprising, we could. We could find something to charge them with and we would be able to hold them that way for a while." Hence, many political prisoners are detained under non-security laws. [....] There is an analytical "fuzziness" because reasonable men can honestly differ on the subject. Perhaps the classic example of difficulty is determining whether conscientious objectors are political prisoners under any approach. Also, many legal prosecutions can be viewed as persecution in defense of excessive governmental claims to security, depending upon one's point of view as to the normal extent of human rights. A case in point concerns differing views on the permissibility of joining an opposition political party. Finally, any violation of law may be said to threaten the security of a government if such violation becomes widespread throughout society.
The right to freedom of thought and expression is well-established in US law. Nevertheless, Amnesty International has worked on behalf of prisoners of conscience in the USA, most recently in 1991–1992 when it campaigned for the release of more than 30 military personnel imprisoned for their conscientious objection to the Gulf War.
US law recognizes the right to conscientious objection only on grounds of opposition to all war in any form. Thus, soldiers who object to serving in a particular war currently have no way of legally registering for exemption on this ground. Some have their applications for conscientious objection refused; others, knowing such applications to be futile, go "absent without leave".
In a July 10 interview with the French paper Le Matin, the am- bassador again offered a very detailed and impressive analysis of African affairs. He discussed an incredible range of conflicts, from the ubiquitous Southern Rhodesian war to the relatively obscure French intervention in Chad. Overall, he was optimistic about the Carter administration's foreign policy. When discussing the Soviet Union and its treatment of dissident Jews, however, he commented, "We still have hundreds of people that I would categorize as political prisoners in our prisons." He was referring mainly to the arrests of civil rights activists like himself in the 1960s and the jailings of people for protesting the Vietnam War. He added that most of these demonstrators attained freedom quickly and that the legal system of the United States was preferable to those of other countries. Nonetheless, his one sentence about "political prisoners" in the midst of a lengthy and overwhelmingly pro-American interview sparked intense controversy in Washington.
Y: Yes, but judging Scharansky is one thing that is probably an act of defiance and independence on their part but they wm continue to negotiate arms limitationsand there's no tell1ng what's liable to happen. We still have hundreds of people that I would categorize as political prisoners in our prisons. Maybe even thousands, depending on how you categorize them. During the war in Vietnam, whenever there was domestic pressure, most of these young people who went to jail for conscience were political prisoners. Where they had good legal assistance most of the time they got free. Our political system, especially our court system, does have a great deal more flexibility in it, but you still have to fight for it.
Convicts at San Quentin and elsewhere were eager to be given a new role to play in the culture and became easy converts to the revolution. It was true that regardless of their crimes they were in some sense political prisoners, as the radicals were quick to point out to them. Few who were not poor were in prison. The balance of justice was heavily weighted against the underclass. Consequently, numbers of San Quentin's "convict class" had become avid disciples of the Left and students of Marxism-Leninism, ready consumers of the radical literature that poured into the prison after Penal Code 2600 in 1968 and earnest pupils in the covert educational programs of the Black Guerrilla Family, the Black Panthers, La Nuestra Familia, SATE, EMPLEO, or the Indian Cultural Group. Even the hundreds of more conservative convicts who rejected Marxism and revolutionary ideology adopted limited aspects of class analysis. And they, too, yearned for a new cultural role for the prisoner as they came together in 1970 in a systemwide convict unionization movement.
Much attention has been given throughout the year to the case of Martin Sostre, sentenced to a possible 40 years' imprisonment in 1968 for the alleged sale of narcotics. The only witness of the alleged sale has since recanted his testimony, and AI believes that Mr Sostre was falsely implicated because of his political activities. He was one of the prisoners featured during Prisoner of Conscience Week in October 1974.
In the USA, some 25 armed forces personnel who have been imprisoned over the past nine months on charges stemming from their refusal on conscientious grounds to participate in military service related to the Gulf War have been taken up by the organization as prisoners of conscience.
Mr. Peltier was given an opportunity to raise all the complaints listed in the communication before the national appellate courts, which, in well-reasoned decisions, dismissed them. Therefore, the Working Group, noting that it is not mandated to be a substitute for national appellate courts, renders the following opinion: The deprivation of Mr. Leonard Peltier is not arbitrary.Alt URL
The deprivation of liberty of Leonard Peltier, being in contravention of articles 2, 7 and 9 of the Universal Declaration of Human Rights and articles 2 (1), 9 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories III and V.
The deprivation of liberty of Marcos Antonio Aguilar-Rodríguez, being in contravention of articles 2, 3, 7, 8, 9 and 14 of the Universal Declaration of Human Rights and of articles 2, 9, 16 and 26 of the International Covenant on Civil and Political Rights, was arbitrary and fell within categories II, IV and V.Alt URL
The deprivation of liberty of Fernando Aguirre-Urbina, being in contravention of articles 3, 8, 9, 10 and 14 of the Universal Declaration of Human Rights and articles 9, 14 (1) and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, II, III, IV and V.Alt URL
The deprivation of liberty of Steven Donziger, being in contravention of articles 2, 3, 7, 10 and 11 of the Universal Declaration of Human Rights and articles 2 (1), 9, 14 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, III and V.
The deprivation of liberty of Mr. Antonio Herreros Rodríguez, Mr. Fernando González Llort, Mr. Gerardo Hernández Nordelo, Mr. Ramón Labaniño Salazar and Mr. René González Schweret is arbitrary, being in contravention of article 14 of the International Covenant on Civil and Political Rights and corresponds to category III of the categories applicable to the examination of the cases submitted to the Working Group.Alt URL
The deprivation of liberty of Benamar Benatta is arbitrary, being in contravention of articles 9 and 14 of the International Covenant on Civil and Political Rights, and falls within categories I and III of the categories applicable to the consideration of cases submitted to the Working Group.Alt URL
The detention of Humberto Alvarez Machaín is declared to be arbitrary, being in contravention of article 9 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights and principle 2 of the Body of Principles adopted by the General Assembly in resolution 43/173, and falling within category I of the principles applicable in the consideration of cases submitted to the Working Group.Alt URL
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