Volume IX Number 8, August 2001
Group 22 Monthly Meetings will move to a new location this month: 414 S. Holliston in the Caltech Y Lounge. We’re still on the Caltech campus. Entering campus from Del Mar to Holliston, you’ll drive by Avery House and the Recycling Center. Look for the building with the green porch umbrella and the banner that says “Caltech Y.” We’ll post signs so you can find the room.
Please check out the
Tibet column this month for a report on last month’s meeting with Tseten
Phanucharas. This month
we’ll be planning fall events: Doo Dah Parade, an event on Afghanistan,
grad fair tabling, etc.
Questions? Contact Larry Romans
at 818-354-5809 or ljr@ljr.net
UPCOMING
EVENTS
Thursday,
August 23, 7:30 PM. Monthly
Meeting Note new Location! 414
S. Holliston, Caltech Y Lounge. Help us plan future actions on Tibet, the
Campaign against Torture and abolition of the death penalty.
Tuesday,
September 11, 7:30 PM. Letter-writing Meeting at the Athenaeum.
Corner of California & Hill in the basement recreation area. An informal meeting, a great place for
first-timers to ask questions!
Sunday,
September 16, 7:30 PM. Rights
Readers Human Rights Book
Discussion Group at Borders Books
on S. Lake Avenue. This month we discuss Virtual War: Kosovo and
Beyond by Michael
and Ignatieff (see
below).
DEATH
PENALTY
Keep up pressure for Napoleon
Beazley
Amid huge national
and international publicity, the Texas Court of Criminal Appeals granted
Napoleon Beazley a stay of execution by a 6-3 vote, less than four hours before
he was due to be killed. He had already been moved to a death watch cell in
readiness for his execution, scheduled for 6pm local time on 15
August.
Issuing
the emergency
reprieve in response to a 134-page petition filed by Napoleon Beazley's
lawyers, the court noted that the applicant presents 10 allegations challenging
the validity of his conviction and resulting sentence'. These claims include
that Napoleon Beazley's first post-conviction lawyer, by his own recent
admission, failed to adequately investigate and present the case on appeal;
that the prosecutors knowingly used false testimony (of Napoleon Beazley's two
co-defendants); that one of the jurors was racially biased; and that another
juror was biased because she knew the victim. Another of the issues is Napoleon
Beazley's age at the time of the murder of John Luttig. He was 17 -
international law bans the death penalty against those under 18 at the time of
the crime.
The US Supreme Court
had earlier denied a stay of execution on a 3- 3 vote. Three of the nine
Justices had abstained, because of their various relationships with the son of
the murder victim, who is a federal appeals court judge. Despite
denying a stay,
the Supreme Court has yet to announce whether it will consider the merits of
the Beazley case brought before it on appeal.
The Texas Board of
Pardons and Paroles voted 13-3 against a reprieve and 10-6 against recommending
that the Governor commute the death sentence. This left Governor Rick Perry
with the option to grant a 30-day reprieve. He had not said whether he would do
so when the Court of Criminal Appeals issued the stay. However, less than an
hour earlier, he told reporters that he supported the state's law that allows
17-year-olds to be subject to the death penalty: 'My son's 17. And I am
comfortable that my son understands right from wrong. Citizens from the state
of Texas have sent a clear message that when you reach 17 years of
age you're going
to be held responsible for your actions just like you were an adult'. Yet in
February this year, a Houston Chronicle poll suggested that only a minority of
Texas citizens support the death penalty for juvenile offenders. Moreover, in
May, the Texas House of Representatives passed a bill which would have raised
the age of death penalty eligibility in the state to 18. There was optimism
that the bill would pass the Senate also, until the governor's office
intervened with a threat to veto it. Governor Perry recently vetoed a bill
which had passed both houses of the Texas legislature banning the use of the
death penalty against prisoners with mental retardation.
Among those who
appealed for clemency to the Governor and the Texas Board of Pardons and
Paroles was the original trial judge, Judge Cynthia Stevens Kent. In a letter
to the governor, she wrote that 'it is my recommendation that due to his age at
the time of the offense... that you consider carefully and grant his request
that his sentence be commuted'. Smith County District Attorney Jack Skeen, one
of Napoleon Beazley's prosecutors, said he was shocked by the judge's letter
and that he was 'absolutely committed to respond to this letter in the
strongest terms possible to Governor Perry'. He said that his office would
'fight and fight and fight until the verdict is carried out'. Earlier, the
District Attorney of Houston County, Napoleon Beazley's home county, had
appealed for clemency, saying that, knowing the facts of the crime and
background of the defendant, she would never have sought the death penalty in
the case.
Among the
governmental bodies and international and US non- governmental organizations
which appealed for clemency were the European Union, the Council of Europe, the
Swiss and Norwegian governments, Human Rights Watch, Human Rights Advocates,
the American Bar Association, the Youth Law Center, the Children's Defense
Fund, the Mid-Atlantic Juvenile Defender Center, the National Urban League, the
Juvenile Law Center, the American Civil Liberties Union, the Child Welfare
League of America, the Constitution Project, and the National Mental Health
Association. For details, please see the website of the American Bar
Association's Juvenile Justice website,
www.abanet.org/crimjust/juvjus, where some
of the media articles and the clemency letters are posted, including Amnesty
International materials.
Napoleon Beazley's
parents have asked for their heartfelt thanks to be passed on to all who sent
appeals on their son's behalf.
RECOMMENDED ACTION:
please send an appeal, IN YOUR OWN WORDS. In all appeals, please express
sympathy for the family and friends of John Luttig.
To District Attorney
Jack Skeen:
o
noting
that the trial judge, the Honorable Judge Cynthia S. Kent, appealed for
clemency in this case, as did the Houston County District Attorney, and many
prominent organizations, and that many leading US and Texas newspapers
editorialized against the execution;
o
expressing
concern at the District Attorney's reported continuing opposition to clemency,
and urging him to reconsider this position in the light of international law
and national and international standards of decency reflected in the attention
given to this case at home and abroad.
APPEALS
TO:
Jack Skeen,
Jr.
Smith County District
Attorney
100 N.
Broadway
Tyler, Texas
75702
To the
Governor:
The Honorable Rick
Perry
Governor of
Texas
State
Capitol
PO Box
12428
Austin, TX
78711
NEW
REPORT ON RACISM
and US JUSTICE SYSTEM
A new report by Amnesty International, Racism
and the Administration of Justice, asserts that the US federal and state justice systems
are riddled with racial discrimination. The report reviews the role of racism
in legal and penal systems worldwide. The report is available for
download at www.amnesty-usa.org. Also available: Using the Human
Rights System to Combat Racial Discrimination - A Handbook.
OUTFRONT for HUMAN
RIGHTS!
Uganda: Criminalizing Homosexuality
-A License to Torture
...Look for
homosexuals, lock them up and charge them..."--President Yoweri
Museveni of Uganda
In September 1999,
in the wake of publicity in the Ugandan media about an alleged "gay
marriage" in Kampala, which subsequently proved to be false after a police
investigation, President Yoweri Museveni announced to the press that he had
ordered the Criminal Investigations Department "to look for homosexuals,
lock them up and charge them".
The effect of
President Museveni's statement on the lives of five Ugandan activists, who
formed a gay and lesbian human rights group in early 1999, was devastating. The
five were gay and lesbian human rights defenders. Following the President's
statement, they met in a private home to discuss strategy. The military found
out about the meeting and eight armed men burst into the room and arrested
them. "No one could speak. We were all shocked... They tied black cloths
on our heads and led us to the cars", Christine , one of the five human
rights defenders, recalled.
They were all taken
to different detention centres, including military barracks. Christine was left
alone in aroom with three male detainees. "Coming midnight they said
"we want to show you something". They took my clothes off and raped
me. I remember being raped by two of them, then I passed out". Norah was
also subjected to sexual violence because of her sexual
orientation.
"I was kept in
a small filthy room with bats in the ceiling. I was by myself in that room for
about five hours, then three men came in and started interrogating me. These
men were so cruel and intimidating, it was unbearable... I was also beaten,
abused both sexually and physically. My clothes were ripped off. Nasty remarks
were made that I should just be punished for denying men what is rightfully
theirs, and that who do I think I am to do what the President feels to be
wrong. They even suggested that they should show me what I am missing by taking
turns on me." Norah recalled.
The others were also
subjected to torture and other ill-treatment, including severe beatings, death
threats and humiliation.
The five activists
were released some two weeks later. Fearing for their safety if they returned
to their homes, they fled to a neighbouring country. All five required medical
treatment following their ordeal. The psychological scars will take even longer
to heal. Some have moved on to other countries as they have not been able to
return in safety to Uganda.
The Constitution of
Uganda upholds the equality of all persons under article 21 (2). However, this
is directly contravened in the Penal Code where under articles 140 (a) and 140
(c) homosexuality is a crime. "Any person who has carnal knowledge of any
person against the order of nature" and "Any person who permits a
male person to have carnal knowledge of him or her against the order of
nature" is liable to life imprisonment. Article 141 further stipulates
that anyone attempting to commit a homosexual act is liable to seven years'
imprisonment.
Amnesty
International is concerned that such legal provisions allow for the
imprisonment of individuals as prisoners of conscience solely for their
consensual, private homosexual relations and facilitate the torture and
ill-treatment of LGBT people. Please appeal calling for the immediate reform of
the Penal Code so as to abolish Articles 140 and 141, since they contravene
article 21 (2) of the Uganda Constitution and are in blatant violation of the
fundamental rights set out in the Universal Declaration of Human Rights
including the right to freedom of opinion and expression, freedom of assembly
and association, the right to privacy and the right to equality before the law.
Please send appeals
in September 2001 so that they are given maximum attention and are kept
separate from AI's concerns on the lead up to and outcome of the parliamentary
elections that are due to be held in July 2001.
Background. Many of the reports AI has received of torture and
ill-treatment of Lesbian, Gay, Bisexual and Transgender (LGBT) people in
detention have come from countries where same-sex relations are outlawed. At
least 70 states have such laws on their statute books. In many other countries
where same sex relations are not a criminal offence per se, other provisions
are used to detain people solely on the basis of their sexual orientation or
gender identity, including discriminatory age of consent laws which effectively
criminalize behaviour which is perfectly legal for heterosexuals.
AI's research
indicates that such laws can act as a licence to torture and ill-treat LGBT
people in a number of ways. They may encourage law enforcement officials to
disregard the humanity of the detainee whose very identity is criminalized.
Where accusations of homosexuality are used as a pretext to detain political
opponents, torture and ill-treatment are used to extract confessions in order
to make fabricated charges stick. In some countries, cruel, inhuman
and degrading
punishments such as flogging are imposed for the "crime" of
homosexuality. In many countries, laws criminalizing homosexuality have been
shown to create a climate conducive to violence against LGBT people at the
hands of private individuals or groups.
The UN Human Rights
Committee and the European Court of Human Rights have held that laws
criminalizing same-sex relations are in breach of international human rights
standards, as they violate the right to privacy and the right to be free from
discrimination on the basis of sex or other status.
Appeals to:
Hon. Joshua Mayanja
Nkang
Minister of Justice and
Constitutional Affairs
Ministry of Justice and
Constitutional Affairs
PO Box 7183
Kampala
Uganda
Lt General Yoweri
Museveni
Office of the President
Parliament
Buildings
PO Box 7168
Kampala Uganda
Mr Bart
Katureebe
Attorney General
Ministry of Justice and
Constitutional Affairs
P O Box
7183
Kampala Uganda
LETTER
COUNT
Campaign Against Torture &nb
sp;
3
Government Action Network
7
Urgent Actions: &nb
sp;
8
Total:
&nb
sp;
18
Want to add your letters to the
total? Get in touch with lucas.kamp@jpl.nasa.gov
PRISONER OF CONSCIENCE
Ngawang Pekar,
Tibetan Monk
Group 22 is committed to work on
behalf of our adopted prisoner of conscience Ngawang Pekar, a Tibetan monk
imprisoned since 1989 for participating in a peaceful demonstration
in Lhasa.
Our group's July meeting featured
a very special guest speaker, Tseten Phanucharas, a Tibetan activist and past
president of Los Angeles Friends of Tibet (for information about this
organization, see their website at www.latibet.org). She told us about the
history of her native land and its people's current plight. She emphasized that
our letters really do help: in general they serve to make the Chinese
authorities aware of the world's concern for the human rights of the Tibetan
people, and in particular they can prevent an individual prisoner from being
beaten and mistreated.
Many thanks are due to group
member Lucas for graciously opening his home for this event, finding chairs for
everyone, and providing a delicious feast of Indian dishes. Tseten said that Tibet seems to have an
extraordinary hold on the imaginations and hearts of people everywhere, and
evidence of this interest was obvious to all of us, since attendance at this
meeting was greater than we have seen in years. (Only a few people confessed to
having come for the food!) A special welcome to the first-time visitors -- we
hope to see you again at upcoming events, and we invite you to join us in our
efforts for Ngawang Pekar. You can start by writing a letter right
now!
Conditions in Tibet are currently
rather bleak, as several group members learned at a recent dinner sponsored by
the Friends of Tibet at the new Tibet Nepal House restaurant (36 E.Holly St,
Pasadena). Two guests had just returned from a visit to Tibet, and they
reported that the Chinese government has resettled large numbers of ethnic
Chinese in Tibet, so that Lhasa now resembles a typical city in China and
Tibetan culture is in danger of being overwhelmed. On a more positive note,
guest of honor Kuno Narkyid, who is the official biographer of the Dalai Lama,
told us that the Dalai Lama bears no antagonism toward the Chinese and
continues to seek peaceful negotiations with China for the welfare of the
Tibetan people.
This month we suggest that you
write to the Governor of Drapchi Prison in Lhasa and express your concern about
the treatment of Ngawang Pekar. You may copy this letter or use it as a guide
in writing your own.
Dear
Governor:
As a supporter of human rights, I
am writing to you about a prisoner last known to be held in Tibet Autonomous
Region Prison No. 1. The prisoner's name is NGAWANG PEKAR (layname:
Paljor).
Ngawang Pekar, a Tibetan monk,
was arrested in 1989 for participating in a peaceful demonstration and
sentenced to 8 years in prison. Subsequently, his sentence was increased by 6
more years. I am concerned that he has been imprisoned solely for the peaceful
exercise of his right to freedom of expression.
I am especially concerned about
reports that he has been beaten and denied access to medical care since his
arrest.
I respectfully urge you to review
Ngawang Pekar's case and make sure that he receives necessary medical
care. I also request that a report
on his health and status be made available to international human rights
organizations such as Amnesty International.
Thank you for your attention to
this important matter. I would greatly appreciate any current information about
Ngawang Pekar that you may be able to provide.
Sincerely,
Address your letter
to:
Jianyuzhang
Xizang Zizhiqu Di Yi
Jianyu
Lasashi
850003
Xizang
Zizhiqu
People's Republic of
China
Postage for a letter is 80 cents. Please notify Group 22 if you should
happen to receive a response to your letter.
Borders Books & Music
475 South Lake Avenue, Pasadena
Sunday, September 16, 7:30 PM
|
Virtual War: Kosovo and
Beyond by Michael
Ignatieff Virtual
War describes the latest phase in modern combat: war fought by remote
control. Kosovo was such a virtual war, a war in which US and |
NATO forces did the fighting but only Kosovars and Serbs
did the dying. As unrest continues
in the Balkans, East Timor, and other places around the world, Ignatieff raises
the troubling possibility that virtual wars, so much easier to fight, could
become the way superpowers impose their will in the century ahead.
A talented and versatile writer,
Ignatieff takes up the central moral issues raised by the intervention…
The shadows across his path give his book poignancy and engagement.
-–Fouad
Ajami, New York Review of Books
Ignatieff has produced a work
that is both intellectually unflinching and genuinely open-minded. Ostensibly a consideration of the moral
and political implications of the West’s military intervention in Kosovo,
the book is in fact the best exploration of both the operational and moral
dilemmas of humanitarian was that has yet been written…A considerable
achievement. -–David Rieff, Los Angeles Times Book
Review
JUST EARTH
NETWORK
Montiel and Cabrera Lose Appeal
Washington, DC: Amnesty International and Sierra Club
called the decision of a Mexican judge to deny the appeal of Rodolfo Montiel
Flores and Teodoro Cabrera Garcia, two imprisoned environmentalists, a severe
blow to human rights and the protection of the environment in Mexico. It is also a serious set back for the
Fox administration, which had repeatedly expressed support for the release of
both men. Both groups call on
President Vicente Fox to release the two men immediately and
unconditionally.
"The arrest, torture and
conviction of these Prisoners of Conscience were clearly linked to their
peaceful efforts to protect the forests in Guerrero State," said Diego
Zavala from Amnesty International USA.
"The request by the Attorney General's office for the continued
incarceration of these men is a contradiction to President Fox's expressed
commitment to human rights. With this latest decision by the Judge, the Mexican
justice system remains a bastion of impunity. While Rodolfo and Teodoro, both
victims of torture, remain in prison, the accused torturers, members of the
Mexican armed forces, remain free and unencumbered by the justice
system."
"This ruling against Rodolfo
Montiel Flores and Teodoro Cabrera García will have an extreme chilling
effect on other environmental activists in Mexico" said Alejandro Queral,
of the Sierra Club.
"President Fox could have quickly moved beyond rhetoric by ensuring
that the Attorney General's office acknowledge the use of torture against
Montiel and Cabrera. The Fox
administration is on the verge of loosing credibility worldwide about
his commitment
to respecting human rights and protecting the
environment."
On May 2, 1999, Mr. Montiel and
Mr. Cabrera were arrested by members of the 40th Infantry Batallion of the
Mexican Army. During the raid, the soldiers shot and killed Salomé
Sanchez Ortiz, a local farmer. Mr.
Montiel and Mr. Cabrera were subsequently beaten, tortured and forced to
confess to charges of planting marijuana and possession of illegal
weapons. On August 28, 2000, Mr.
Montiel and Mr. Cabrera were convicted and sentenced to six-year, eight months
and ten-year jail terms respectively.
Last October, a judge denied an appeal to the two men. The ruling this week was on their
latest legal recourse, an "amparo," which was based on human and
civil rights concerns.
Amnesty International and Sierra
Club believe that the arrest and conviction of the two environmentalists stem
solely from their efforts to stop the rampant logging in the southern state of
Guerrero, Mexico. Particularly disappointing is the lack of support from the
Fox Administration, which had earlier voiced concern for Mr. Montiel and Mr.
Cabrera. In a March 13 meeting with Amnesty International Secretary General
Pierre Sané, President Fox stated "we want them out,"
referring to the two environmentalists. Despite encouraging words from
President Fox and environmental minister Victor Lichtinger, the Attorney
General recommended an opinion of guilt to the Judge and today the Judge upheld
the sentence against Rodolfo and Teodoro.
Editor's Last
Word:
Read us on line:
http://www.cco.caltech.edu/~aigp22
Martha Ter Maat, 626-281-4039 /
mtermaat@hsc.usc.edu
Check “Up-coming Events” for
details. Meeting dates may
vary due to holidays!
From the 210 exit on Lake Avenue, head south, turn left
on Del Mar
From the 110 continue on Arroyo Parkway north, turn
right on California
Street parking is generally
available.