Amnesty Internatonal- new protests on Miami Five
Campaign News | Friday, 14 March 2003
Amnesty International sends 3 new letters to US Authorities
Amnesty International sends 3 letters to John Ashcroft, US Attorney General, Kathleen Hawk Sawyer, Director
Federal Bureau of Prisons and Caroline Heck-Miller United States Attorney's Office Southern District of Florida.
Ref.: TG AMR 51/31/2003
The Honorable John Ashcroft
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue N.W.
Washington DC 20530-0001
USA
14 March 2003
Dear Attorney General
Re: René González, Fernando González, Gerardo Hernández Nordelo, Antonio Guerrero, Ramón Labañino
Amnesty International wrote to you on 2 December 2002 to express concern about reports that the above prisoners had been denied visits with their families in Cuba, drawing attention to the importance of such visits under international standards for the treatment of prisoners. I attach a copy of our letter. We have since learned that visas have been granted to three of the families who have been able to visit their relatives in prison, but that the wives of René González and Gerardo Hernández Nordelo are still denied visas to visit their husbands, for reasons unknown to them. In the case of René González, this also means that his four-year-old daughter, who is a US citizen but resides with her mother in Cuba, is also unable to visit her father. We understand that the relatives, who were granted visas, after a wait of nearly six months, will have to reapply for visas before any further visits can take place.
We are again urging the United States government to carefully review all requests from family members for permission to visit the above prisoners, with a view to ensuring that the prisoners maintain contact with their families and their children wherever possible, including through regular visits, in accordance with the international standards outlined in the attached letter. We should be grateful to be informed of what steps the government has taken to comply with these standards in the case of the visa applications of Olga Salanueva, wife of René González and mother of his four-year-old daughter, and Adriana Pérez, wife of Gerardo Hernández.
We have received reports that on 3 March 2003 all five of the above prisoners were placed into solitary confinement in their respective prisons. I enclose a copy of a letter from Amnesty International to the Federal Bureau of Prisons, seeking further information about the circumstances in which they have been segregated and the conditions under which they are confined.
Yours sincerely,
Susan Lee
Program Director
Americas Regional Program
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Ref.: TG AMR 51/30/2003
320 First Street NW
Washington DC 20534
USA
14 March 2003
Dear Director
Re: René González, Fernando González, Gerardo Hernández Nordelo, Antonio Guerrero, Ramón Labañino
Amnesty International wrote to the United States government on 2 December 2002 to express concern about reports that the above prisoners had been denied visits with their families in Cuba, drawing attention to the importance of such visits under international standards for the treatment of prisoners. I attach a further copy of our letter. We have learned that visas have since been granted to three of the families, after a wait of nearly six months, but that the wives of René González and Gerardo Hernández Nordelo are still denied visas to visit their husbands, for reasons unknown to them. In the case of René González, this also means that his four-year-old daughter, who is a US citizen but resides with her mother in Cuba, is also unable to visit her father.
We are again urging the United States government to carefully review all requests from family members for permission to visit the above prisoners, with a view to ensuring that the prisoners maintain contact with their families and their children wherever possible, including through regular visits, in accordance with the international standards outlined in the attached letter.
Amnesty International is further concerned to learn that on 3 March 2003 all of the five prisoners were placed into solitary confinement in their respective prisons, reportedly on a directive from the Bureau of Prisons, and that visits and telephone calls have also been withdrawn. The reasons for such restrictions have not been given, nor is it known how long the prisoners may remain in solitary confinement. According to their families, none of the prisoners is known to have engaged in behaviour which would merit being placed in disciplinary or administrative segregation.
The above action is reported to have been taken under regulations codified at 28 CFR 501.2 which authorize the Director of the BOP to impose "special administrative measures" on particular inmates where, based upon a certification by the head of a United States intelligence agency, it has been determined reasonably necessary to prevent the dissemination of classified information that could endanger national security.
Amnesty International wrote to the Bureau of Prisons on 19 December 2001 to express concern at what appears to be the very broad grounds on which prisoners may be subjected to conditions of isolation under the above measures -- conditions which may in certain circumstances amount to cruel, inhuman or degrading treatment -- and seeking more information on the procedures and safeguards involved. We received no response to this letter, a copy of which is attached.
We should be grateful if you would provide Amnesty International with the following information: the procedure under which each of the above prisoners has been placed under special measures; for how long such measures have been imposed; whether the prisoners have been provided with information on the grounds on which such measures have been taken and the procedures under which they may seek review of the same.
We should also be grateful to be informed of the conditions under which the above prisoners are currently confined, including: amount of time confined to their cells; conditions in the cells in terms of size, lighting, furniture and personal possessions; whether they are able to participate in prison programs; what restrictions are imposed on visits, correspondence and telephone calls.
Amnesty International acknowledges that the authorities need to take all reasonable security measures in respect of those held in custody. However, governments also have an obligation under international standards to ensure that no-one is subjected to arbitrary punishment, discrimination or conditions which amount to cruel, inhuman or degrading treatment or punishment.
Article 10 (1) of the International Covenant on Civil and Political Rights (ICCPR), which the USA has ratified, further states: "All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person". We again draw your attention to the Human Rights Committee's General Comment 21 on Article 10 which states:
"3. Article 10, paragraph 1, imposes on States parties a positive obligation towards persons who are particularly vulnerable because of their status as persons deprived of liberty, and complements for them the ban on torture or other cruel, inhuman or degrading treatment or punishment contained in article 7 of the Covenant. Thus, not only may persons deprived of their liberty not be subjected to treatment that is contrary to article 7 … but neither may they be subjected to any hardship or constraint other than that resulting from the deprivation of liberty; respect for the dignity of such persons must be guaranteed under the same conditions as for that of free persons. Persons deprived of their liberty enjoy all the rights set forth in the Covenant, subject to the restrictions that are unavoidable in an enclosed environment."
"4. Treating all persons deprived of their liberty with humanity and with respect for their dignity is a fundamental and universally applicable rule… This rule must be applied without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."
Finally, we are concerned by reports that lawyers for the above prisoners have been unable to visit their clients since the measures were imposed, despite the fact that appeal proceedings are pending in their criminal case. Prison officials reportedly told attorney Leonard Weinglass that he can visit his client Antonio Guerrero next week if he complies with certain requirements set by the Justice Department. However, he has been unable to obtain information on what these requirements are, despite several calls to the US Attorney's office in the Southern District of Florida.
Article 14 (d) of the ICCPR provides that in the determination of criminal charges everyone has the right to legal assistance. Principle 1of the Basic Principles on the Role of Lawyers states that this right pertains "at all stages of criminal proceedings" and Principle 8 states: "All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality".
We urge you to ensure that the above prisoners are treated in accordance with the all the standards cited above and look forward to receiving the information requested.
Yours sincerely,
Susan Lee
Program Director, Americas Regional Program
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Ref.: TG AMR 51/32/2003
Caroline Heck-Miller
United States Attorney's Office
Southern District of Florida
99, Northeast 4th Street
Miami 33132 -Florida
USA
14 March 2003
Dear Ms Heck-Miller
Re: René Gonzáles, Fernando Gonzáles, Gerardo Hernández Nordelo, Antonio Guerrero, Ramón Labañino
I enclose a copy of a letter from Amnesty International to the Federal Bureau of Prisons seeking information on the circumstances under which the above prisoners have been placed in segregation and on their conditions of confinement.
Among the concerns we have raised are reports that attorneys for the prisoners have had difficulty gaining access to their clients since they were placed into solitary confinement on 3 March 2003. We understand that prison officials have told Leonard Weinglass, the attorney for Antonio Guerrero, that he can visit his client next week if he fulfils certain requirements set by the Department of Justice but he has had difficulty obtaining the necessary forms for this.
We hope that every reasonable measure will be taken to ensure that the prisoners are able to communicate with their lawyers in accordance with international standards.
Yours sincerely,
Susan Lee
Program Director
Americas Regional Program
