INTERNATIONAL COMMISSION OF INQUIRY:

The Violation of Human Rights by

U.S. Court in Puerto Rico in Relation to the

Protests Against the Naval Bombing of Vieques

September 24-27, 2001

I. Introduction

Sponsoring organizations requested a group of specialists in the field of human nights to examine allegations of human rights violations by the United States Court in Puerto Rico, officially known as U.S. District Court for the District of Puerto Rico, against pacific civil disobedients protesting the continuing and systematic military exercises by the U.S. Navy in the island municipality of Vieques, Puerto Rico.

The International Commission of Inquiry included professionals from Argentina, Martinique, Mexico, the United States of America, and Puerto Rico. The International Commission of Inquiry was asked to determine whether the United States court in Puerto Rico:

  • Violated the civil disobedients is right to petition and freedom of expression
  • Violated the protections afforded to civil disobedients under domestic and international law
  • Refused to examine alleged violations to human rights of civil disobedients perpetrated by personnel of the United States Navy and United States Marshals against civil disobedients, thus fostering the continuation of such violatory practices
  • Used bail for purposes other than those specified by law
  • Acted in an arbitrary and prejudiced way in the imposition of sentences against civil disobedients

During two days (September 25-26, 2001), the International Commission of Inquiry received broad information (testimony, videotape and documents) regarding the alleged violations of human rights to civil disobedients in Puerto Rico and Vieques. The Commission invited all the judges and magistrates of the United States District Court in Puerto Rico to attend and present testimony. They did not answer and did not appear before the Commission.

Conclusions and Recommendations

Based on the foregoing the International Commission of Inquiry concludes that:

  1. Puerto Rico's continuing, colonial status, as repeatedly recognized at the United Nations by its Special Committee on Decolonization, constitutes an ongoing violation of the fundamental human rights of the Puerto Rican people in contravention of the U.N. Charter and in direct violation of the right to self-determination, as delineated in Article 1 of the International Covenant on Civil and Political Rights (1966), U.N. General Assembly Resolution 1514 (XV) of 1960, and other human nights instruments;
  2. Puerto Rico's status as a colony of the United States of America has and continues to provide the context for the raw assertion of power and superiority, including racially discriminatory attitudes and practices, by the United States over the island of Vieques and its people and all persons who seek to participate in acts of civil disobedience and peaceful civil resistance to protect the island of Vieques and the human rights of its inhabitants;
  3. Civil disobedience and civil resistance are well established and internationally recognized as legitimate forms of exercising the right of freedom of expression and speech and as legitimate means of seeking to correct an injustice, and this International Commission has found that they are legitimate forms of protest to object to the U.S. naval activities on the island of Vieques.
  4. The conduct of the court has condoned the acts of the U.S. government, its military on the island of Vieques, including the bombing and other exercises of the U.S. armed forces, resulting in gross violations of the human rights of Viequenses, including but not limited to, the violation of the International Covenant Civil and Political Rights of 1966, articles 1, 2, 6, 7, 9 17, 24, 26, and 47, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, articles 13, 14 and 16; the International Convention on the Elimination of All Forms of Racial Discrimination of 1965, preamble and articles 1, 5, 6, and 15; the Universal Declaration of Human Rights of 1948, articles 2, 3, 5, l3, 22, 23, 25, 26 and 28; and the Proclamation of Teheran of 1968; and the Convention on the Right of the Child (1989), article 3
  5. Recognizing that the bombing and other actions by the U.S. armed forces and the U. S. government on Vieques result in gross violations of the human rights, persons engaged in civil disobedience to protest U.S. military exercises on Vieques have legitimate cause to argue the defense of necessity to protect the rights of the people of Vieques, and the failure of the U. S. court in Puerto Rico to allow them the opportunity to argue this defense, to defend themselves at trial, or to present their defense before a jury violates the International Covenant on Civil and Political Rights (1966), Articles 14 and 19, and the Universal Declaration of Human Rights (1948), Articles 1, 7, 8, 10, and 19.
  6. Recognizing that: the bombing and other actions by the U.S. armed forces and U.S. government on Vieques are intrinsic to the colonial nature of the relationship between the United States and Puerto Rico and that colonialism constitutes a fundamental violation of human rights, civil disobedients are further justified in defending themselves under the rubric of civil resistance, and the failure of the U. S. court in Puerto Rico to allow them the opportunity to argue this defense, to defend themselves at trial, or to present their defense before a jury violates the International Covenant on Civil and Political Rights (1966), Articles 14 and 19, the Universal Declaration of Human Rights (1948), Articles 1, 7, 8, 10, and 19.
  7. The disproportionate use of force by U.S. navy security officials and federal marshals, including the indiscriminate use of pepper spray, tear gas, pellet weapons and rubber bullets against civil disobedients and other persons engaged in lawful protests constitutes a violation of the Code of Conduct for Law Enforcement Officials (1979), articles 3 (use of force only when strictly necessary and required to perform their duty), 5, ("inflict, instigate or tolerate any act of torture or cruel, inhuman or degrading treatment or punishment"), 6 (protection of the health of persons in their custody), 8 ("law enforcement officials shall respect the law and the present code") and the International Covenant on Civil and Political Rights (1966), Articles 10 (persons deprived of liberty shall be treated with humanity and respect) and 19 (freedom of expression).
  8. The actions of certain U,S. navy security officials against some civil disobedients, including refusal to identify themselves, to inform persons arrested of the reason for arrest, denying civil disobedients access to legal counsel, subjecting some civil disobedients to degrading physical or nude searches, depriving certain detained persons of medical care or water and food for prolonged periods of time violate human rights protections provided for, inter alia, under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), articles 13, 14 and 16 and the Standard Minimum Rules for the Treatment of Prisoners (1955), articles 10, 12, 15, 20, 22 and 30; the Universal Declaration of Human Rights (1948), Articles 1, 5, 7, 8, 10 and 19 as well as the laws and the constitution of the United States.
  9. The Commission concludes that the detention process to which elected officials were subjected to constitutes inhuman and degrading treatment. In addition, it demonstrates a lack of respect for representatives of democratic institutions who were elected by the people. Moreover, this inhuman and degrading treatment is manifestly racist and discriminatory against Puerto Rican people, intended to intimidate other members of this nation.
  10. The actions of the U.S. navy officials violate the prohibition against the use of military personnel in the arrests of civilians under the "Posse Comitatus" law and violates the rights of the civil disobedients under the laws and the constitution of the United States.
  11. Inhuman, cruel and degrading conditions and treatment endured by, some civil disobedients held in detention or in prison constitute violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), Article 16; Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1975), Articles 2, 3, 4, 5 9, 10, and 11; the Standard Minimum Rules for the Treatment of Prisoners (1955), Articles 10, 12, 15, 20, 22 and 30, the Universal Declaration of Human Rights (1948), Articles 1, 5, 7, 8, 10, 19; American Declaration on the Rights and Duties of Man (1953), Article 1; and the Basic Principles for the Treatment of Prisoners (1990) articles 1 ("All prisoners shall be treated with the respect due to their inherent dignity and value as human beings."), 2 (prohibition of discrimination because of race, color, national origin), 9 (access to health services).
  12. The failure of certain magistrates or judges of the U. S. court in Puerto Rico who lack impartiality or have clear conflicts of interest to recuse themselves from hearing cases involving civil disobedients protesting the actions of the U.S. Navy on Vieques violates the right of civil disobedients in accordance with the International Covenant on Civil and Political Rights (1966), Articles 14 and 19; the Universal Declaration of Human Rights (1948), Articles 1, 7, 8, 10, and 19 as well as the laws and the constitution of the United States.
  13. The use of preventive detention for purposes of punishing and suppressing the right of expression of civil disobedients and deterring the right of expression of future protesters violates the International Covenant on Civil and Political Rights (1966), Articles 14 and 19; the Universal Declaration of Human Rights (1948), Articles 1, 7, 8, 10, and 19 as well as the laws and the constitution of the United States.
  14. The hand-picked and prejudicial assignment of magistrates and judges of the U.S. courts in Puerto Rico violates the rights of civil disobedients under the court's own rules and the International Covenant on Civil and Political Rights (1966), Article 14; the Universal Declaration of Human Rights (1948), Articles 7, 8, and 10 as well as the laws and the constitution of the United States.
  15. The denial of the right to a public trial, the abuse of bail as punishment and deterrent mechanism, the imposition of excessive, inconsistent and arbitrary bail, and the refusal to consider violations of civil and human rights and defenses in many cases of civil disobedience before the U.S. court in Puerto Rico constitute violations of the International Covenant on Civil and Political Rights (1966), Articles 14 and 19; the Universal Declaration of Human Rights (1948), Articles 1, 7, 8, 9,10, 11 and 19; the American Declaration on the Rights and Duties of Man (1953), Articles 3, 17 and 26; the American Convention of Human Rights, Articles 7 and 8 as well as the laws and the constitution of the United States, including the First, Fifth and Eighth Amendments to the U.S. constitution and the Bail Reform Act of 1984, 18 U.S.C. §§3141-3156.
  16. The prohibition of civil disobedients and civil resisters on bail to travel as imposed by the U. S. courts in Puerto Rico constitutes an additional violation of the right to travel, right of association, and freedom of expression in accordance with the International Covenant on Civil and Political Rights (1966), Articles 19, 21 and 22; the Universal Declaration of Human Rights (1948), Articles 13 and 20; the American Declaration on the Rights and Duties of Man (1953), Articles 1, 2,4, 17, 21, 22 and 26; the American Convention of Human Rights, Articles 15, 16 and 22 as well as the laws and the constitution of the United States, including the First and Fifth Amendments to the U.S. constitution.
  17. Sentences of certain civil disobedients by the U. S. court in Puerto Rico has been unfair, arbitrary, and disparate in violation of the International Covenant on Civil and Political Rights (1966), Articles 14 and l9; the Universal Declaration of Human Rights (1948), Articles 1, 7, 8, 10, and 19 as well as the laws and the constitution of the United States, including but not limited to the Sentencing Reform Act, Pub. L. No. 98-473), 98 Stat.1987 (1984) and 18 U.S.C. §3553(a), (a)(2), (a)(2)(B),(a)(7),and (c).

The International Commission of Inquiry recommends and urges that

  1. All persons currently incarcerated for their participation in civil disobedience and civil resistance for protesting U. S. naval activities on the island of Vieques should be immediately released and the human rights of all civil disobedients and civil resisters should be observed in aceordance with the findings and conclusions of this International Commission of Inquiry;
  2. The records reflecting convictions for acts of civil disobedience in Vieques should be expunged.
  3. The human rights of all civil disobedients, civil resisters and human rights advocates be respected by the U.S. court in Puerto Rico and any and all officials and agents of the government of the United States of America;
  4. The human rights of all Viequenses be respected by the government of the United States of America and that all steps be immediately taken to observe all principles, norms, conventions and laws pertaining to the protection of human rights;
  5. The United States comply with U.N. General Assembly Resolution 1514 (XV) of 1960, all resolutions of the U.N. Special Committee on Decolonization regarding the case of Puerto Rico, and all norms, principles, conventions, covenants and laws concerning the right of peoples to self-determination and to be free from colonial rule and oppression.

The International Commission of Inquiry further calls for

  1. The immediate dissemination of this document to all judges and magistrates of the U. S. court in Puerto Rico and the justices of the Circuit Court of Appeals for the First Circuit, urging their immediate compliance with all human rights, norms, principles, conventions and laws to protect the rights of those persons engaged in acts of civil disobedience and civil resistance in protest of the US. navy's activities on the island of Vieques;
  2. The United States Government should recognize the institutional treaties on human rights ratified by the U. S. as part of the U. S. rule of law;
  3. The immediate dissemination of this document as broadly as possible to all news and media outlets of the proceedings, findings, conclusions and recommendations of this International Commission of Inquiry in furtherance of the protection of the human rights of the people of Puerto Rico, the people of Vieques and all persons engaged in civil disobedience and civil resistance in protest to the acts of the U.S. government and íts agencies and officials on Vieques;
  4. The immediate dissemination of this document to members of the legislature of Puerto Rico, urging that they take all steps to immediately investigate and to protect the rights of those persons to exercise their rights to freedom of expression and defend their fundamental human rights;
  5. The immediate dissemination of this document to international organizations and nongovernmental organizations concerned with the protection of human rights, urging their action to take all steps to support of the protection the rights of the people of Puerto Rico, the people of Vieques and all persons engaged in civil disobedience and civil resistance, protest the acts of the U,S. government and its agencies and officials on Vieques; and
  6. The immediate dissemination of this document as broadly as possible to all news and media outlets of the proceedings, findings, conclusions and recommendations of this International Commission of Inquiry in furtherance of the protection of the human rights of the people of Puerto Rico, the people of Vieques and all persons engaged in civil disobedience and civil resistance in protest to the acts of the U.S. government and its agencies and officials on Vieques.

San Juan, Puerto Rico, 27 of september 2001

Signed:

Dr. Beinusz Szmukler

Attorney Raphael Constant

Prof. J. Soffiyah Elijah

Attorney Kamau Franklin

Prof. Pablo Moctezuma Barragán

Prof. José Luis Morín


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