Oct 13th, 2009
Posted by Nahal Zamani, Human Rights Program at 5:15pm	Human Rights, Prisoners' Rights, Torture

We've Come So Far, But Have So Much Farther to Go

The U.S. is the world's leading incarcerator with over 2.3 million people – or 1 in 99 adults – in prisons and jails across the country. Our incarceration rate of 760 per 100,000 people is the highest in the world -- five to ten times that of other Western democracies. In addition, because of increased reliance on detention as an immigration enforcement strategy, the number of immigrant detainees has tripled in the last ten years.

Massive incarceration in the U.S. undoubtedly causes much human suffering and, when coupled with overcrowding, mistreatment of vulnerable populations and other threatening conditions of confinement, greatly hinders the rehabilitation and reformation of those detained. For those in supermax prisons, extreme social isolation, sensory deprivation and other cruel forms of treatment or punishment also threaten their basic rights.

When U.S. law falls flat, lawyers and advocates often look to international law to protect the rights of detainees. Last week, in front of a large audience at Columbia Law School, human rights lawyers and advocates gathered to discuss the importance of a human rights framework.

Sir Nigel Rodley, human rights expert and author of The Treatment of Prisoners Under International Law, described his research and work on behalf of those in detention. He discussed how much the landscape had changed since he began to study the rights of people in detention, and the dramatic breakthroughs he's seen in the human rights field to address violations. Today, there are better norms and mechanisms available to monitor and address abuses, and the protections afforded in international human rights law often surpass protections available under U.S. law.

Speakers noted that there were many moments when they looked to the human rights framework because the Constitution didn't provide enough specific protections, using international human rights law to reinforce core American values. The panelists pointed out that human rights law (especially the rights outlined in the International Covenant on Civil and Political Rights [ICCPR] and the Convention against Torture) can be a much more powerful tool to address prison conditions and rights violations. For example, if you take a close look at the ICCPR, it clearly states that incarcerated juveniles must be kept separate from adults, and that the aim of detention shall be rehabilitation. As the ACLU learned when it investigated the conditions of girls in confinement in juvenile detention facilities in New York, this was always not the case.

The speakers from last week's panel also brought up how the U.S.' deviations from international human rights law have had serious ramifications around the world. Specifically, in the war on terror, U.S. actions have discredited us as a worldwide human rights leader and put us in the company of countries that routinely abuse human rights. Torture, secret detention, rendition, disappearances and holding people incommunicado threatened not only our security and safety but our standing in the world.

Sir Nigel summarized the mood of the entire panel when he noted, "We've come so far, but we have so much farther to go."

We couldn't agree more.

Watch this space for video of the event!

Permalink |	Human Rights, Prisoners' Rights, Torture

1. Steve Says:
   Oct 13th, 2009 at 4:28pm

   The ACLU has it totally backwards. Those who are doing time in Super-max prisons are there for a reason, because of a violent crime they committed. I shutter to think of what this nation would be like if this organization had it's way 100% of the time. It would be a country where the innocent would live in constant fear of venturing out-doors, while those who commit violent crimes would have the unfettered freedom to do what they want to whoever they want.

2. FOX13now.com Says:
   Oct 13th, 2009 at 9:36pm

   here's what going down in Salt Lake City, Utah:

   "The anti-Mormon backlash after California voters overturned gay
   marriage last fall is similar to the intimidation of Southern blacks
   during the civil rights movement, according to Elder Dallin H. Oaks, a
   member of the Quorum of the Twelve Apostles of Th...e Church of Jesus
   Christ of Latter-day Saints. "

   fox13now.com/news/kstu-mormon-leader-religious-freedom-at-ris k,0,648952.story

3. Liberal Hater Says:
   Oct 13th, 2009 at 10:10pm

   If you really want to reduce the prison population in the U.S. then there is only one rational thing to do. Ship every black male back to Africa and by-God lets see if our prison population decreases as well as most of the crime in the U.S.

   We all know that it's the nigger and thug mentality that is resposible for the decline in America. Well that and the radical left are to blame.

4. jdlaughead Says:
   Oct 14th, 2009 at 3:50am

   Now nail this bastard under the Eighth Amendment for Degradation and inhuman treatment, for Chain-gangs Pink clothing rotten food, living conditions. The way to do this is take as many degrading pictures, and videos you can of his operations, and then let the pictures speak for themselves before a grand Jury, and or before the court. Them let him be sued, by everyone he violated. This arrogant bastard, needs to be retired, and the state of Arizona needs to be sued to allow this Violation of our bill or rights. Remember pictures Don't lie! The ACLU should do their Damm Job!

5. Jane Doe Says:
   Oct 15th, 2009 at 2:47am

   Maybe instead of screaming about how we lock up too many people we should look at the reason WHY they are being locked up and work on PREVENTING the crimes.

6. Richard Says:
   Oct 19th, 2009 at 2:34am

   It is simple. You do the crime you do the time. I just think it is pathetic that our tax dollars have to support and supply these outcasts; perhaps their friends and family should be responsible for providing anything more than the most basic of needs.
   The problem isn't prison overpopulation; it's the people who are overpopulating.

7. Taaka Says:
   Oct 19th, 2009 at 5:46pm

   Liberal Hater. The awful thing is that in some aspects of what he wrote is correct but the racist wording of his blog took it too far. It is a fact that most of the prisons and jails are populated with African American males but, name calling and ignorance is not going to fix the problem. His comment is a great example why this article is titled “We’ve come so far, but have so much farther to go”.

8. roald Says:
   Oct 20th, 2009 at 1:25pm

   Steve - why do you think the ACLU seeks to release violent criminals from prison? The ACLU exists to protect people when the State violates our Constitution, such as depriving a person of due process. Some of these people are guilty and others are innocent. Taaka and others - In absolute number, more Whites are incarcerated than any other group http://www.ojp.usdoj.gov/bjs/pub/pdf/jim08st.pdf Please consider casual and causal relationships. What is the cause of the high fraction of incarcerated African Americans - race, poverty, education, or opportunities in life?

9. Anonymous Says:
   Nov 12th, 2009 at 1:33am

   THIS IS A HUGE WAIST OF SPACE. IF THEY DID THE CRIME, THEY BELONG IN JAIL. END OF STORY.

10. Joan Says:
    Nov 20th, 2009 at 8:58pm

    Unfortunately, Richard, our Justice system is very broken. Yes, there are many prisoners doing the time for the crime. But, there are many that were given unjust sentences that did not fit their crime. Prisoners do get the basics (generic toiletries,etc.) If the prisoner has a bank account after paying restitution, etc. then they can by addition items. If not, then with the grace of family and/or friends (if they have any) then other items can be purchased for them. There are many restrictions on how much and what prisoners can have, too. No, most prisoners are not living in conditions like a resort. There are many guards that should be spending time behind bars with the prisoners for their actions, too. A co-worker was talking about her husband and his buddies (that work together at a prison)and the things they do to the prisoners. One prisoner refused to rat out another prisoner - so, they took his toilet paper away for 24 hours. How would you like to go without toilet paper for 24 hours? I wouldn't! Another incident - they decided to pick on a prisoner - so they tripped him and then started kicking him. I get first hand stories of the bad conduct these guards do all the time. For the wages they get (3-4,000 a month plus OT)they should be greatful to have their jobs. Two wrongs don't make a right.

11. Anonymous Says:
    Nov 24th, 2009 at 12:27pm

    Are you people serious? If it was your husband that was murdered, or your child who was molested, or your car that was stolen...you'd say screw it - and let these loser assholes continue to roam the streets?! I'm afraid to bring children into this world because of idiots like you.