By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 5:56pm
Today, President Barack Obama signed an executive order that will give better protections to vulnerable workers employed by government contractors. The order, announced on the 150th anniversary of the Emancipation Proclamation, lays out new requirements for U.S. government contractors and their subcontractors operating overseas to prevent human trafficking and forced labor. In a powerful speech this morning announcing the order, President Obama recognized that U.S. tax payer dollars should never be used to support human trafficking, a form of modern day slavery.
One year ago this week, the U. S. Supreme Court ruled that sentencing youth who have committed non-homicide offenses to life in prison without some meaningful opportunity for review of that sentence is unconstitutional. Although the ruling does not guarantee that juvenile offenders will eventually be released, it requires that they be provided with some realistic opportunity to obtain release before during their lifetime. The ruling in the case, Graham v. Florida, was an important step in the right direction. It recognized that juvenile offenders are fundamentally different from their adult counterparts, that they have a greater capacity for change, growth and rehabilitation, and that they should not, therefore, be punished with the harshest sentence that can be imposed on adults.
The DC Circuit Court of Appeals just issued its opinion in the ACLU’s First Amendment lawsuit on behalf of Col. Morris Davis, the former chief prosecutor at Guantánamo. He was fired from his job at the Congressional Research Service (part of the Library of Congress) in 2009 because of op-ed pieces he wrote in The Washington Post and The Wall Street Journal criticizing the Obama administration’s decision to try some Gitmo detainees in federal courts and others in the military commissions system.
Almost nine years ago, Khaled El-Masri was abducted, forcibly disappeared, and tortured by Macedonian authorities and the CIA. Until today, his well-documented claims of abuse had yet to be affirmed by any authorities responsible for his mistreatment or by a court of law. In a landmark ruling today, the European Court of Human Rights (ECtHR) ruled that El-Masri’s treatment at the Macedonia airport by U.S. agents in cooperation with Macedonian officials “amounted to torture.” The court also found that while in CIA custody El-Masri was subjected to abuses including sodomy, forced nudity, total sensory deprivation, solitary confinement, force feeding, physical assault, sleep deprivation, inadequate food and water and denial of medical care in violation of the European Convention on Human Rights, and that his entire period of captivity constituted a “forced disappearance” in violation of international law. According to ACLU Human Rights Program Director Jamil Dakwar, the ruling represents “a huge victory for justice and the rule of law.” He added:
In recent years, several human rights bodies have faulted the U.S. for failing to live up to its international legal commitments to protect children in war zones in Iraq and Afghanistan. This week, the U.S. issued its written response to questions raised earlier this year by the United Nations committee charged with implementing the international treaty on the rights of children in armed conflict – and it contains some disturbing news: “Over the last several years the United States has captured more than 200 individuals under the age of 18” and held them in military custody, the U.S. report said.
Tomorrow marks the 20th anniversary of the Convention on the Rights of the Child, the most comprehensive treaty on children’s rights. The convention has been ratified by nearly every country in the world, except for the United States. The convention would fill current gaps in U.S. laws, and provide all children in America with the same robust protections that children in 193 countries are already entitled to.
By Jennifer Turner, Human Rights Researcher, ACLU Human Rights Program at 6:43pm
Yesterday, Governor Jerry Brown signed California’s Senate Bill 9, the Fair Sentencing for Youth Act, giving California youth sentenced to die in prison a second chance at life. There are 309 child offenders serving life-without-parole sentences in California for murders committed when they were younger than 18. The bill, known as SB 9, gives these individuals the chance to earn parole after serving at least 25 years in prison. It allows juvenile offenders sentenced to life without parole to petition the sentencing court to review their cases after 15 years and reduce their sentence to 25 years-to-life if they show remorse and are taking steps toward rehabilitation.
By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 10:31am
Today, the ACLU released a 2011 FBI “primer” on overseas interrogation that calls into question whether the FBI is adhering to its own policy prohibiting coercive techniques. The 2011 primer was obtained by the ACLU and colleague organizations through Freedom of Information Act litigation. It was written by an FBI Section Chief within the counterterrorism division, and is ironically titled “Cross Cultural, Rapport-Based Interrogation,” – ironic because it encourages FBI agents to request that detainees in foreign or military custody be put in isolation to prolong the detainee’s fear for interrogation purposes. Isolation was a key component to many of the abusive interrogations that took place in Guantanamo, Afghanistan, and in secret CIA black sites after 9/11, in some cases causing extreme psychological trauma. This morning, we wrote to the FBI Director Robert Mueller expressing their concerns with the primer.
By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 12:44pm
Last month the ACLU released a joint report with Yale Law School, Victims of Complacency, that documents the ongoing trafficking, forced labor and abuse of foreign workers hired through U.S. government contracts to work in support of U.S. military and diplomatic missions abroad. Recruited from impoverished villages in countries such as India, Nepal and the Philippines, these men and women – known as Third Country Nationals – are charged exorbitant recruitment fees, lied to about what country they will be taken to and how much they will be paid, and often have no choice but to live and work in unacceptable and unsafe conditions. These abuses amount to modern day slavery; all on the U.S. tax payers’ dime. Now members of Congress want to act to ensure that federal funds are no longer facilitating such exploitative, abusive and illegal practices.
By Alexander Abdo, Staff Attorney, ACLU National Security Project & Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 1:45pm
On Friday, the ACLU appeared before the 2nd Circuit Court of Appeals in New York to argue that the Freedom of Information Act (FOIA) requires the CIA to release documents describing its use of waterboarding. The simple question at the heart of the hearing was this: is waterboarding an "intelligence method" that can be protected from disclosure under FOIA? We argued that the answer — of course not — is easy because even the president himself has declared that waterboarding is illegal. Exposing official misconduct to public scrutiny is the chief purpose of FOIA. But it cannot serve that purpose if even officially confirmed illegality is protectable.
