Blog of Rights

European Court: U.S. Extraordinary Rendition “Amounted to Torture”

By Allison Frankel, ACLU Human Rights Program at 10:30pm

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:

Wearing a Hoodie While Brown Does Not Mean You Are in a Gang

By Courtney Bowie, Racial Justice Program at 5:00pm

On December 16, 2010, West High School officials in Salt Lake City, Utah invited the Metro Gang Task Force into the school to conduct a gang sweep. Students identified, searched and interrogated by the police were mostly Latino/a or, in the case of Kaleb Winston, African-American.  He was targeted by his school and by the Task Force as a potential gang member, searched and accused of being a tagger. As an artist, Kaleb had a notebook full of drawings in a backpack manufactured to look like it had been spray-painted. But because graffiti is loosely defined, if at all, the police decided Kaleb was a “gang tagger” despite his denials. Kaleb was then forced to hold up a sign with the words “My name is Kaleb Winston and I am a gang tagger.” Law enforcement officers told him that this information was being placed into a database and that the information would be removed if he did not get into trouble for two years. Kaleb was emotionally devastated by the experience. He is not and has never been in a gang. Yet, his attendance at school that day, not bad behavior, made him the subject of intense police scrutiny and he now lives with the fear that the police view him as a suspect.

A Mother’s “Last Chance” at Justice: José Padilla Torture Case Brought Before Human Rights Tribunal

By Deborah Francois, Yale Law School, Lowenstein International Human Rights Clinic & Sheng Li, Yale Law School, Lowenstein International Human Rights Clinic & Alaina Varvaloucas, Yale Law School, Lowenstein International Human Rights Clinic at 5:04pm

After a fruitless five-year battle in U.S. federal courts to hold accountable those who unlawfully detained and tortured her son José Padilla, Estela Lebron today sought to have their claims heard by the Inter-American Commission on Human Rights (IACHR). You can read today’s filing here.

Padilla is the only American citizen to have been seized on U.S. soil, detained as an enemy combatant, kept in incommunicado military detention, and tortured. Until U.S. courts stop using national security arguments to bar Bush-era torture survivors from seeking remedies for abuses, victims, like Padilla and Lebronwill have to resort to international bodies for any chance at redress.

Groundbreaking Senate Hearing Shines a Light on the School-to-Prison Pipeline

By Deborah J. Vagins, ACLU Washington Legislative Office & Kimberly Humphrey, Washington Legislative Office at 10:23am

Tomorrow, the Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights will hold a landmark hearing entitled, Ending the School-to-Prison Pipeline. It is the first time a congressional panel will look at this disturbing national trend where children are pushed out of public schools and into the juvenile and criminal justice systems because of an overreliance on punitive school discipline policies.

Making Human Rights Reality

By Katie Haas, ACLU Human Rights Program at 12:07pm

Today is Human Rights Day and the 64th anniversary of the United Nations’ adoption of the Universal Declaration of Human Rights. As one of the first documents to present the world with a comprehensive vision of human rights, the declaration is fundamental to the work of social justice movements around the world, and to our work at the ACLU. It lays out universal standards for human dignity that all nations should uphold, and its almost unanimous adoption by the General Assembly in 1948 was a landmark moment for human rights defenders everywhere.

New Government Report Reveals Over 200 Children Have Been Held in U.S. Custody in Afghanistan Since 2008

By Allison Frankel, ACLU Human Rights Program at 1:36pm

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.

First Circuit Court Should Defend Victims Of Human Trafficking

By Carol Rose, Executive Director, ACLU of Massachusetts at 4:30pm

Today's utterance by Chief Judge Sandra Lynch, of the First Circuit Court of Appeals, gives me hope that the court will do justice for the victims of human trafficking who will be impacted by how the First Circuit rules in a case argued before it this morning.

International Day for the Elimination of Violence Against Women – Fulfilling Our Promise to Say “No” to Violence

By Ramya Sekaran, ACLU Women's Rights Project at 5:23pm

Last Sunday, November 25, the international community observed the International Day for the Elimination of Violence Against Women. Women's rights activists have marked this as a day against violence since 1981, in memory of the Mirabal sisters, political activists who were brutally assassinated in 1960 on orders of Dominican ruler Rafael Trujillo. Many advances have been made in the fight for gender equality since the first International Day, but many more challenges persist.

Guantánamo Dispatch: Arguing for the First Amendment

By Zach Levine, ACLU National Security Project at 5:18pm

With the world watching, a pre-trial hearing got underway this week in the Guantánamo military commission prosecution of the five alleged 9/11 co-conspirators. Prime among the issues before the military judge was how transparent the commissions will be. The ACLU’s Hina Shamsi argued our motion in support of the public’s constitutional right of access to the proceedings – and against the government’s unconstitutional effort to prevent the public from hearing defendants’ testimony of their torture and abuse in U.S. custody.

At Guantánamo Today: ACLU Asks Judge Not to Censor Torture Testimony

By Hina Shamsi, Director, ACLU National Security Project at 9:53am

I’m in Guantánamo today, expecting to argue the ACLU’s constitutional challenge to the censorship of torture in the military commissions this afternoon or tomorrow. 

The Guantánamo military commissions were created in part to hide the government’s illegal torture program while permitting the use of information obtained through torture. Because of improvements in 2009 in the law governing the commissions, it’s harder (though not impossible) for coerced evidence to be used in the proceedings. But the government still wants to hide from the public what it did to prisoners in CIA and military custody.