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41. Fixing Bagram: Strengthening Detention Reforms to Align with U.S. Strategic Priorities

Author:
Sahr MuhammedAlly
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
Eight years after launching Operation Enduring Freedom (OEF) in Afghanistan—with a mission to kill and capture “high-value” al Qaeda and Taliban members and destroy the safe havens from which al Qaeda planned and directed the 9/11 attacks—the United States government has announced several significant detention reforms in Afghanistan. Human Rights First has closely monitored U.S. detention policies and practices since September 11, 2001. In this paper, we analyze the new detention reforms announced in September 2009 and make recommendations for further improvement in U.S. detention practices in line with U.S. policy interests and legal obligations. We base our recommendations on an analysis of the applicable humanitarian and human rights law and field visits to Afghanistan.
Topic:
Political Violence, Human Rights, Terrorism, War, and Prisons/Penal Systems
Political Geography:
Afghanistan, United States, and Taliban

42. Denial and Delay: The Impact of the Immigration Law's "Terrorism Bars" on Asylum Seekers and Refugees in the United States

Author:
Anwen Hughes
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
IMMIGRATION LAWS that target individuals who have engaged in or supported the commission of terrorist acts serve two very legitimate goals: to exclude from the United States people who threaten our national security, and to penalize people who have engaged in or supported acts of violence that are inherently wrongful and condemned under U.S. and international law. Both of these purposes are consistent with the United States' commitment to protect refugees who have fled political, religious and other forms of persecution. Indeed, the 1951 Refugee Convention and its Protocol explicitly exclude from protection persons who have committed a range of serious crimes, including acts of terrorism. The Refugee Convention also allows a country to expel a refugee who poses a danger to its security, or who has been convicted of a particularly serious crime in that country and constitutes a danger to the community.
Topic:
Human Rights, Terrorism, Immigration, and Law
Political Geography:
United States

43. U.S. Detention of Asylum Seekers: Seeking Protection, Finding Prison

Author:
Eleanor Acer and Jessica Chicco
Publication Date:
06-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
IN MARCH 2003 , the U.S. Department of Homeland Security (DHS) took over responsibility for asylum and immigration matters when the former INS (Immigration and Naturalization Service) was abolished. With this transfer, DHS was entrusted with the duty to ensure that the United States lives up to its commitments to those who seek asylum from persecution. These commitments stem from both U.S. law and international treaties with which the United States has pledged to abide. Yet, those who seek asylum—a form of protection extended to victims of political, religious and other forms of persecution—have been swept up in a wave of increased immigration detention, which has left many asylum seekers in jails and jail-like facilities for months or even years.
Topic:
Human Rights and Immigration
Political Geography:
United States

44. Baseless Prosecutions of Human Rights Defenders in Colombia: In the Dock and Under the Gun

Publication Date:
02-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
IN A CRIMINAL JUSTICE SYSTEM plagued by impunity, the tenacity with which Colombian prosecutors pursue human rights defenders for supposed crimes is striking. While corruption and arbitrary actions are a systemic problem throughout the judicial system, those who peacefully promote human rights are singled out for particular intimidation through baseless investigations and prosecutions. Unfounded charges are often widely publicized, undermining the credibility of defenders and marking them as targets for physical attack, often by paramilitary groups.
Topic:
Human Rights, Human Welfare, and Law
Political Geography:
Colombia and Latin America

45. In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts — 2009 Update and Recent Developments

Author:
Richard B. Zabel and James J. Benjamin
Publication Date:
07-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
In May 2008, Human Rights First released In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts.1 Based on a comprehensive review of more than 120 actual prosecutions dating back to the 1980s, In Pursuit of Justice concluded that the criminal justice system is well-equipped to handle a broad variety of criminal cases arising from terrorism that is associated—organizationally, financially, or ideologically—with selfdescribed “jihadist” or Islamist extremist groups like al Qaeda. The roster of cases chronicled in In Pursuit of Justice ranges from blockbuster trials against hardened terrorists who planned or committed grievous acts around the world to complex terrorism-financing prosecutions and “alternative” prosecutions based on nonterrorism charges such as immigration fraud, financial fraud, and false statements. Many of these cases have been preemptive prosecutions focused on preventing and disrupting terrorist activities. In Pursuit of Justice acknowledged that terrorism prosecutions can present difficult challenges, and that the criminal justice system, by itself, is not “the answer” to the problem of international terrorism, but it found that the federal courts have demonstrated their ability, over and over again, to effectively and fairly convict and incapacitate terrorists in a broad variety of terrorism cases.
Topic:
Islam, Terrorism, War, and Law
Political Geography:
United States

46. Investing in Tragedy: China's Money, Arms, and Politics in Sudan

Publication Date:
03-2008
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
In August, for the first time in history, China will host the Olympics. For Beijing, those will be days of pride, a chance to display its progress and bask in the world's admiration. But far from the splendor of the Summer Games, the people of a remote area in the largest nation in Africa—the people of Sudan's Darfur region—will endure more death, disease and dislocation, and this will be due in no small part to China's callousness. Craving energy to keep its economic miracle humming, Beijing has forged a strong partnership with the Sudanese government in Khartoum.
Topic:
Foreign Policy, Human Rights, and Weapons of Mass Destruction
Political Geography:
Africa, China, and Sudan

47. In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts

Author:
Richard B. Zabel and James J. Benjamin
Publication Date:
05-2008
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
This White Paper examines the capability of the federal courts to handle criminal cases arising from international terrorism. In the Paper, we focus on terrorism that is associated— organizationally, financially, or ideologically—with selfdescribed “jihadist” or Islamist extremist terrorist groups like al Qaeda. Many observers have expressed views on this important subject. Some have argued for prosecuting terrorist criminals outside of the civilian court system; others have called for the establishment of an entirely new “national security court.” A premise of such arguments is that the traditional court system is not well-equipped to handle international terrorism cases. We aim to explore that premise.
Topic:
Islam, Terrorism, and War
Political Geography:
United States

48. 2008 Hate Crime Survey

Publication Date:
12-2008
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
European and North American governments are failing to keep pace with a wave of violent hate crime that continues to rise across the region. Racism, xenophobia, antisemitism, anti-Muslim and anti-Roma hatred, religious intolerance, homophobia: the list of biases that fuel these crimes is a long one. Attacks range from lethal assaults to threats and harassment to vandalism and desecration of religious and community property. The perpetrators are individuals acting alone, or in concert with neighbors, coworkers, and fellow students, as well as loosely-knit or more organized groups that share ideologies of hatred and act on them. The violence can ruin lives, or end them. It can terrorize whole communities, driving away vulnerable minorities or forcing them to stay out of sight. Violent hate crime, especially when the official response to it is weak or nonexistent, also attacks the society at large, undermining the very notions of equality and the equal protection of the law.
Topic:
Crime, Sociology, and Culture
Political Geography:
Europe, North America, and Kurdistan

49. Losing Ground: Human Rights Defenders and Counterterrorism in Thailand

Author:
Eric Biel, Neil Hicks, and Michael McClintock
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
In the 1990s, Thailand led the way in democracy and human rights in Southeast Asia. The military largely withdrew from politics, allowing a stable democracy to develop in place of a succession of coups and military governments. The government strengthened its commitment to human rights through a new constitution in 1997 and ratification of four key international human rights instruments.
Topic:
Conflict Resolution, Political Violence, Democratization, Human Rights, and Armed Struggle
Political Geography:
Asia, Thailand, and Southeast Asia

50. In Liberty's Shadow: US Detention of Asylum Seekers in the Era of Homeland Security

Publication Date:
01-2004
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
When I set foot on American soil, I had finally reached the land of liberty, the land of peace, and I had a strong feeling of gratitude toward the Most High who had allowed me to escape death and to reach a life of freedom…. After completing my statement [at the airport]…[an] officer arrived with handcuffs. Then he handcuffed my wrists, but I sincerely thought this was a case of mistaken identity. Later on he explained to me that this was the established procedure. We left for [a county] prison. They put me in a cell where it was really cold, and I had no blanket with me. The idea of a land of liberty was beginning to be cast into serious doubt in my mind.
Topic:
Security, Government, Human Rights, and Terrorism
Political Geography:
United States and America