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Copyright notice: The copyright for this document rests with Amnesty International. You may download and read it. You may not alter this information, repost or sell it without permission. If you use this document, you are encouraged to make a donation to Amnesty International to support future research and campaigning. Please contact your nearest AI office. USALetter from Amnesty International to John AschcroftAI Index: AMR 51/1/03Publish date: 10 January 2003 The Honorable John Ashcroft U.S. Department of Justice 950 Pennsylvania Avenue N.W. Room 440 Washington DC 20530-0001 USA 10 January 2003 Dear Attorney General Amnesty International is concerned by the reported treatment of hundreds of Middle Eastern men and boys who complied with an order to register with the Immigration and Naturalization Service (INS) last month. According to reports, several hundred people - most of them Iranians living in southern California - were detained for alleged visa irregularities after complying with an order to report to the INS to be interviewed, fingerprinted and photographed by 16 December 2002. The special registration order applied to certain males aged 16 and over from Iraq, Iran, Libya, Sudan and Syria who do not have US permanent resident status. Nationals of 15 other Muslim and Arab countries and North Korea are required to register under the order over the next two months, with the next deadline being 10 January 2003. 1 Many of those taken into custody on or before the 16 December deadline report being harshly treated during their detention, including being placed in handcuffs and leg shackles and held in cold cells without adequate clothing or blankets. Families who had telephone contact with detainees in Los Angeles reported that detainees were forced to sleep standing up because of overcrowding, or on concrete floors; some had been hosed down with cold water; some were denied adequate food or water. It has also been reported that detainees were moved around various detention facilities, shackled and in handcuffs, without adequate opportunity to contact lawyers or relatives. Some detainees were allegedly deprived of sleep and subjected to verbal abuse during their interrogation by INS officials. Most of those detained during December have now been released although many face deportation hearings - these reportedly include people who had a claim to lawful status and applications for permanent residency pending at the time of their detention. The conditions of detention outlined above appear in breach of international standards, including Article 10 of the International Covenant on Civil and Political Rights which states: "All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person". They also appear in breach of other standards relating to the rights of persons deprived of their liberty, or facing legal proceedings in respect of their status, including the right of prompt access to attorneys and other due process rights. Amnesty International does not take issue with the requirement per se of immigrants on temporary visas to be registered with the immigration authorities. However, we note that the special registration order applies only to immigrants from selected countries while similarly situated immigrants from other countries are not affected. While the INS has stated that "individuals from over 100 countries" have been registered, only nationals or citizens from the above-mentioned designated countries are required to register under the federal order, including those with dual nationality or citizenship. If people are being targeted and detained under this system, or singled out for harsh treatment, solely on grounds of their nationality or gender, this would appear to be in breach of the right to non-discrimination recognized under international law. Article 1(1) of the United Nations (UN) Convention on the Elimination of All Forms of Racial Discrimination, which the US has ratified, states: "In this Convention the term 'racial discrimination' shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life". Article 1(3) of the Convention states: "Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality". Article 5 of the Convention calls on states to "… guarantee the right of everyone, without distinction as to race, colour, or nationality or ethnic origin, to equality before the law" including "equal treatment before the tribunals and all other organs administering justice". The USA has ratified the International Covenant on Civil and Political Rights, Article 2 (1) of which states: "Each State Party to the Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." Amnesty International calls on the US government to review its immigration laws and procedures, with particular reference to the special registration program, to ensure that these are administered fairly and consistently and comply with the principle of non-discrimination enshrined under international law. We urge the government to ensure that the rights of all those called to register with the immigration authorities and all those who are questioned, arrested, detained or facing deportation or other proceedings are scrupulously observed in accordance with international law and standards. These include the right to humane treatment, protection against discrimination, prompt access to and assistance from a lawyer and other due process provisions contained under the ICCPR and other treaties and instruments. The US government also has an obligation not to return refugees to persecution, including Convention against Torture Article 3 prohibitions on returning anyone to torture. Many of the persons apprehended through the special registration program may have well-founded fears of persecution, but may not have filed timely asylum applications. Many have lived in the United States for years, and may, in fact, still have pending other claims for regularizing their status. They have only now come to the attention of the immigration authorities as potentially deportable because they have complied with the new and unanticipated special registration requirements. Therefore, those claiming a fear of return should be given the opportunity for full and fair hearings on their claims for protection prior to being returned to any country where they might be tortured or otherwise persecuted. Yours sincerely, Susan Lee Program Director Americas Regional Program Amnesty International cc Michael J. Garcia, Acting Commissioner, Immigration and Naturalization Service 1 Nationals of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, the United Arab Emirates and Yemen are required to register by 10 January 2003; nationals of Pakistan and Saudi Arabia are required to register by 21 February 2003. Source: Amnesty International, International Secretariat, 1 Easton Street, WC1X 8DJ, London, United Kingdom
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